Fraud trial legal aid ruling overturned by appeal court – The Guardian

Posted May 21st, 2014 in appeals, barristers, budgets, costs, fraud, judges, legal aid, legal representation, news by sally

‘A £4.5m fraud trial halted due to disputes over legal aid cuts has been restarted after the court of appeal ruled that the defendants could receive a fair trial.’

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The Guardian, 21st May 2014

Source: www.guardian.co.uk

The Common Law and the Spirit of Kennedy – Panopticon

‘Following the Supreme Court’s lengthy, slightly unexpected, and difficult to grasp judgment in Kennedy v Charity Commission [2014] UKSC 20 (on which I have been quiet because of my involvement, but see Tom Cross’s blogpost here) there has been room for quite a large amount of debate as to how far it goes. Was the majority only suggesting access to the Charity Commission’s information under the common law principle of open justice applied because of the particular statutory regime and/or the nature of the statutory inquiry involved? Or was the principle rather more wide-ranging?’

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Panopticon, 20th May 2014

Source: www.panopticonblog.com

Requirement to work in different location not pre-2014 TUPE “workforce” change, says EAT – OUT-LAW.com

‘Employees who were required to work in a different location after their work was outsourced were not exempted from legal protections aimed at such workers under pre-2014 rules, the UK’s employment appeal tribunal (EAT) has ruled.’

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OUT-LAW.com, 21st May 2014

Source: www.out-law.com

Abu Hamza – the ten-year battle – Halsbury’s Law Exchange

‘It is worth considering two important legal judgments that the ten-year battle to extradite him involved.’

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Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Pre-sentence restorative justice – Ministry of Justice

Posted May 21st, 2014 in codes of practice, news, restorative justice, sentencing by sally

‘Secretary of State guidance for pre-sentence restorative justice.’

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Ministry of Justice, 19th May 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

LCJ: “Once in a lifetime” chance to build proper court IT system – Litigation Futures

Posted May 21st, 2014 in budgets, computer programs, courts, internet, judiciary, news by sally

‘The Lord Chief Justice has said the country has a “once in a lifetime” opportunity to build a proper court IT system, and failing to make a success of it would be a “disaster”. In a strongly-worded speech highly critical of previous court IT failures, Lord Thomas said that if the Courts Service and the judiciary squandered the £300-£400m promised by the Treasury, it would “not be forgotten” and “we would not be given that money again”.’

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Litigation Futures, 21st May 2014

Source: www.litigationfutures.com

Law firm’s medical negligence advert was misleading, ASA rules – Legal Futures

‘An internet banner advertisement by an Essex law firm which showed a woman’s face above the slogan “awarded £40,000 after cosmetic surgery – claim now” was misleading, the Advertising Standards Authority (ASA) has ruled.’

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Legal Futures, 21st May 2014

Source: www.legalfutures.co.uk

Jackson rules High Court erred in refusing more time – Law Society’s Gazette

Posted May 21st, 2014 in civil justice, disclosure, interpretation, news, time limits by sally

‘Lord Justice Jackson, architect of the civil justice reforms, has overturned a High Court decision which wrongly interpreted his own changes to the system.’

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Law Society’s Gazette, 19th May 2014

Source: www.lawgazette.co.uk

Appeal court sets aside £186k professional negligence claim – Law Society’s Gazette

‘A Devon firm has won an appeal against a £186,000 damages award for professional negligence following a conveyancing row with a former client.’

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Law Society’s Gazette, 20th May 2014

Source: www.lawgazette.co.uk

Former sniper Danny Nightingale loses bid to overturn conviction – BBC News

Posted May 21st, 2014 in appeals, armed forces, courts martial, firearms, news, suspended sentences by sally

‘Former SAS sniper Danny Nightingale has lost his latest bid against his conviction for illegally possessing a gun and ammunition.’

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BBC News, 20th May 2014

Source: www.bbc.co.uk

UK man who fought in Syria is first to be convicted of terror offences related with the conflict – Daily Telegraph

Posted May 21st, 2014 in evidence, news, telecommunications, terrorism by sally

‘A man whose wife told him to “go die in battlefield” in a text message as he went off to fight in Syria has become the first person in the UK to be convicted of terrorist offences in connection with the conflict.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

Businesses win riot damage ruling at Court of Appeal – BBC News

Posted May 21st, 2014 in appeals, arson, compensation, insurance, news, police, violent disorder by sally

‘Businesses whose property is damaged in riots can recover “consequential” losses stemming from the incident, the Court of Appeal has ruled. Previously it was believed compensation payable by police under the Riot Act was limited to physical damage.’

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BBC News, 20th May 2014

Source: www.bbc.co.uk

Ex-ballerina forces ‘landmark’ ruling in social care, charity says – Daily Telegraph

‘A disabled former ballerina who has been locked in a six-year legal battle with her local council over night-time care has forced a “landmark” ruling which could make social workers consider the “dignity” of the elderly when assessing care provisions, age campaigners have said.’

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Daily Telegraph, 20th May 2014

Source: www.telegraph.co.uk

Woman abused by stepfather fights for compensation – Daily Telegraph

‘A woman who was sexually abused by her stepfather for more than a decade will today bring a landmark legal case in an attempt to overturn rules which bar her from claiming compensation from public funds.’

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Daily Telegraph, 21st May 2014

Source: www.telegraph.co.uk

Joss Stone murder plotters’ jail sentences reduced – The Guardian

Posted May 20th, 2014 in appeals, conspiracy, learning difficulties, murder, news, robbery, sentencing by sally

‘The jail sentences of two men who plotted to rob and kill the pop singer Joss Stone have been reduced by the appeal court.’

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The Guardian, 20th May 2014

Source: www.guardian.co.uk

Will there be reform for cohabiting couples? – Halsbury’s Law Exchange

Posted May 20th, 2014 in cohabitation, financial provision, judges, Law Commission, news by sally

‘The Head of the Family Division, Sir James Munby, recently held a press conference where he addressed the wide ranging reforms of the family justice system that came into force on 22 April 2014. He was also asked to look to the future.’

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Halsbury’s Law Exchange, 20th May 2014

Source: www.halsburyslawexchange.co.uk

Wrongfully convicted man Victor Nealon gets apology – BBC News

‘A man who spent 17 years behind bars wrongfully convicted of attempted rape has received an apology from a body set up to examine miscarriages of justice.’

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BBC News, 20th May 2014

Source: www.bbc.co.uk

Hire purchase agreement not necessarily supply of goods at the outset, UK tax tribunal rules – OUT-LAW.com

Posted May 20th, 2014 in consumer credit, news, sale of goods, taxation, tribunals, VAT by sally

‘Hire purchase (HP) agreements will not necessarily amount to a supply of goods for the purposes of VAT liability at the outset of the contract, the UK’s Upper Tax Tribunal has ruled.’

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OUT-LAW.com, 19th May 2014

Source: www.out-law.com

Prison for a day – the real issues continue to be ignored – Halsbury’s Law Exchange

Posted May 20th, 2014 in community service, fines, imprisonment, news, recidivists, sentencing by sally

‘Last week we read that the Centre for Social Justice, a think tank set up by Iain Duncan Smith, has promulgated a new approach to sentencing, based on an American model. Those of you who are not of tender years will recall another approach to sentencing we took from the Americans – the sentencing guidelines; look how well they have turned out.’

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Halsbury’s Law Exchange, 19th May 2014

Source: www.halsburyslawexchange.co.uk

Man jailed for Hereford pub brawl killing – BBC News

Posted May 20th, 2014 in grievous bodily harm, homicide, news, sentencing by sally

‘A father-of-four has been jailed for three years after killing a man with a single punch during a pub brawl.’

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BBC News, 19th May 2014

Source: www.bbc.co.uk