Chancery Division to pilot fixed-length trials from May – Litigation Futures

Posted March 20th, 2014 in case management, news, pilot schemes, time limits, trials by sally

‘A pilot of fixed-ended trials will begin in the Chancery Division in less than six weeks’ time – and parties have been warned that they may be given just 24 hours’ notice that they are to be included in it.’

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Litigation Futures, 20th March 2014

Source: www.litigationfutures.com

Death of Jimmy Mubenga – Charging decisions following inquest – CrimeLine

‘The Crown Prosecution Service has reviewed the evidence relating to the tragic death of Jimmy Mubenga in October 2010. We had previously decided in July 2012 that no charges should be brought in relation to Mr Mubenga’s death. In accordance with a memorandum of understanding between prosecutors, coroners and the police, the case was reconsidered by the CPS following the verdict of unlawful killing at the inquest. All new evidence from the inquest was taken into account during this review. In accordance with the Code for Crown Prosecutors, the decision now is that there is sufficient evidence and it is in the public interest for Colin Kaler, Terrence Hughes and Stuart Tribelnig to be prosecuted for manslaughter.’

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CrimeLine, 20th March 2014

Source: www.crimeline.info

Deprivation of Liberty Defined by the Supreme Court: a difference of views concerning deprivation of liberty of disabled persons – Garden Court Chambers Blog

‘Tim Baldwin comments on today’s Supreme Court judgment regarding the deprivation of liberty of people with disabilities.

This note concerns the case of P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor)(Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 handed down on the 19 March 2014.’

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Garden Court Chambers Blog, 19th March 2014

Source: www.gclaw.wordpress.com

Information held in electronic databases not property which can be possessed, rules UK court – OUT-LAW.com

Posted March 20th, 2014 in appeals, computer programs, data protection, news, publishing by sally

‘Information stored electronically does not constitute property which someone can exercise possession of, judges in the UK have ruled.’

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OUT-LAW.com, 20th March 2014

Source: www.out-law.com

Spiralling out of control: can Jackson reforms reign in family fees? – Halsbury’s Law Exchange

Posted March 20th, 2014 in civil procedure rules, costs, divorce, family courts, fees, news by sally

‘Despite the strictures of the Family Proceedings Rules and subsequent practice directions, disproportionate costs still seem to arise on an all too common basis.’

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Halsbury’s Law Exchange, 19th March 2014

Source: www.halsburyslawexchange.co.uk

Bedale woman fined for Le Vell trial tweet – BBC News

Posted March 20th, 2014 in anonymity, costs, fines, internet, news, sexual offences, trials, victims by sally

‘A woman who tweeted the identity of the alleged victim in the trial of Coronation Street’s Michael Le Vell has been fined.’

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BBC News, 20th 2014

Source: www.bbc.co.uk

Disabled girl ‘lost in the system’ by Birmingham City Council for four years – BBC News

Posted March 20th, 2014 in children, disabled persons, news, ombudsmen, reports, social services by sally

‘Birmingham City Council “singularly failed” a disabled child “lost in the system” for more than four years, the Local Government Ombudsman has ruled.’

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BBC News, 20th March 2014

Source: www.bbc.co.uk

Disabled patients ‘have right to liberty’, Supreme Court rules – BBC News

‘Disabled people have the same right to “physical liberty” as others, one of the UK’s most senior judges has said. Lady Hale, deputy president of the Supreme Court, said the state had a duty to uphold that right and to cater for disabled people.’

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BBC News, 19th March 2014

Source: www.bbc.co.uk

Paddy Power Oscar Pistorius ‘money back if he walks’ ad broke rules and brought UK advertising into disrepute, ASA finds – The Independent

‘A Paddy Power advert that offered a “money back if he walks” guarantee for betting on the Oscar Pistorius murder trial broke rules and brought the UK’s advertising industry into disrepute, the regulator has found.’

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The Independent, 19th March 2014

Source: www.independent.co.uk

Privacy groups raise complaint with ICO over cloud-stored data from hospital records – OUT-LAW.com

Posted March 19th, 2014 in data protection, hospitals, internet, medical records, news, ombudsmen, privacy by sally

‘The UK’s Information Commissioner Office (ICO) has been asked to investigate whether privacy rules were breached when data collected from hospitals was uploaded to cloud servers operated by Google.’

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OUT-LAW.com, 18th March 2014

Source: www.out-law.com

Why unelected judges should get our vote: reflections on Lord Neuberger’s Law Lecture – Halsbury’s Law Exchange

Posted March 19th, 2014 in EC law, elections, judiciary, news, parliament, rule of law by sally

‘In his Cambridge Freshfield Lecture, Lord Neuberger gave a number of reasons, historical, geographical and emotional, for the view expressed in the Daily Mail and other newspapers that, “it is unacceptable for unelected judges to impose a diktat on a democratically elected parliament”. He said that this was a “peculiarly British” view, aimed particularly at the rulings on EU law by judges in Luxembourg and on human rights by judges in Strasbourg. But I am not going to write about that. No, what troubles me about Lord Neuberger’s citation from the Daily Mail is the complaint about rulings (diktats) being made by “unelected judges”.’

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Halsbury’s Law Exchange, 18th March 2014

Source: www.halsburyslawexchange.co.uk

“Premature” bid for RBS case budget only penalised with 50% costs award – Litigation Futures

Posted March 19th, 2014 in banking, budgets, costs, news by sally

‘The action group that brought a premature application for budgeting in the RBS rights issue litigation will only pay half of the costs of the hearing at this stage, because “the basic proposition that a budgeting exercise would be appropriate may yet be vindicated”.’

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Litigation Futures, 18th March 2014

Source: www.litigationfutures.com

‘Out of control’ foreign divorce ‘squeezing out needy litigants’ – Law Society’s Gazette

Posted March 19th, 2014 in choice of forum, costs, divorce, financial provision, news by sally

‘A High Court judge has spoken out against the court time taken by wealthy international litigants engaged in “out of control” divorce proceedings.’

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Law Society’s Gazette, 18th March 2014

Source: www.lawgazette.co.uk

Funding Family Proceedings and Legal Services Orders – Family Law Week

‘Tony Ward, Family Law barrister with 3PB analyses the latest case law relating to Legal Services Orders under s.22ZA MCA 1973.’

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Family Law Week, 18th March 2014

Source: www.familylawweek.co.uk

Ministers defeated in grey squirrel battle – The Independent

Posted March 19th, 2014 in animals, enforcement, news, prosecutions, protected species by sally

‘Ministers have admitted defeat in their battle against grey squirrels, and will scrap a law to protect their red cousins. Campaigners, and MPs in the North East where the red squirrel can still be found, have expressed their shock at the abandonment of the law requiring people to report grey squirrels on their land so they can be exterminated.’

Full story

The Independent, 18th Independent 2014

Source: www.independent.co.uk

Immigrant detainees face ‘excessive force and abuse,’ says MoJ report – The Independent

Posted March 19th, 2014 in aircraft, detention, immigration, news, proportionality, restraint, unlawful killing by sally

‘Immigrant detainees sent home from the UK are still facing “disproportionate force and restraint” and are subjected to offensive language from their escorts, according to a new report by the Ministry of Justice.’

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The Independent, 18th March 2014

Source: www.independent.co.uk

Cocaine addict burglar jailed for life for killing defenceless War veteran in his bed – Daily Telegraph

Posted March 19th, 2014 in elderly, murder, news, sentencing by sally

‘A burglar who attacked an 87-year-old World War Two veteran in his bed has been jailed for a minimum of 18-years after being found guilty of murder. Widower Frank Worsley, who served with the Royal Navy in the Far East, was “repeatedly beaten” about the face by cocaine user Daniel Crompton, 24.’

Full story

Daily Telegraph, 18th March 2014

Source: www.teelgraph.co.uk

Court of Appeal judges to rule on 1948 Malaya ‘massacre’ – BBC News

Posted March 19th, 2014 in appeals, armed forces, colonies, human rights, inquiries, news, public interest by sally

‘Court of Appeal judges are set to rule on a long-running battle for an inquiry into the 1948 killings of 24 villagers in Malaya by British troops.’

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BBC News, 19th March 2014

Source: www.bbc.co.uk

Children separated from their families by courts must know why – Daily Telegraph

‘Children separated from their parents in secret family court judgments must be able to find out the reasons for the court’s decisions when they grow up, the most senior family judge has said. Sir James Munby, the President of the Family Division, said it was “great concern” that the judgments of all family court judges were not routinely transcribed and published.’

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Daily Telegraph, 18th May 2014

Source: www.telegraph.co.uk

Koran teacher who abused girl is spared jail to help his family – Daily Telegraph

‘An Islamic teacher who molested a girl as he taught her the Koran has avoided prison after claiming his family was dependent on him because his wife speaks “very little English”.’

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Daily Telegraph, 19th March 2014

Source: www.telegraph.co.uk