Whole life sentences – the issues before the Court of Appeal – Halsbury’s Law Exchange

Posted February 4th, 2014 in appeals, human rights, news, sentencing by sally

‘On 24 January 2014, a five-judge Court of Appeal sat to hear the latest in the legal-political battle between London and Strasbourg.’

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Halsbury’s Law Exchange, 3rd February 2014

Source: www.halsburyslawexchange.co.uk

Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’

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Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

Sex offenders freed from prison without treatment will ‘create more victims’ – The Independent

Posted February 4th, 2014 in news, persistent offenders, recidivists, rehabilitation, sexual offences by sally

‘Prisons across England and Wales are routinely releasing dangerous sex offenders without putting them through treatment programmes because budget cuts have left places critically scarce.’

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The Independent, 3rd February 2014

Source: www.independent.co.uk

Thomas Baird trial: James Carbott guilty of murder and arson – BBC News

Posted February 4th, 2014 in arson, murder, news by sally

‘A man who beat and stabbed his ex-partner’s father before setting his body alight has been found guilty of murder and arson.’

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BBC News, 3rd February 2014

Source: www.bbc.co.uk

Revealed: Thousands of rape cases thrown out as charges fall following new CPS guidelines – The Independent

Posted February 4th, 2014 in Crown Prosecution Service, news, prosecutions, rape by sally

‘The Crown Prosecution Service is investigating whether thousands of suspected rape cases have been wrongly discontinued over the last two years because police forces or its own lawyers are misinterpreting official guidelines.’

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The Independent, 4th February 2014

Source: www.independent.co.uk

Stop and search ruling due – The Guardian

Posted February 4th, 2014 in appeals, human rights, London, news, police, race discrimination, stop and search by sally

‘The court of appeal is due to rule on a challenge over the legality of random stop-and-search powers aimed at tackling street violence.’

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The Guardian, 4th February 2014

Source: www.guardian.co.uk

Jilted ‘Jekyll and Hyde’ lover jailed for life for smothering ex – Daily Telegraph

Posted February 3rd, 2014 in domestic violence, murder, news, sentencing by sally

‘A jilted man has been jailed for life with a minimum term of 15 years for murdering his former lover at her country cottage after failing to rekindle their romance.’

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Daily Telegraph, 3rd February 2014

Source: www.telegraph.co.uk

EastEnders cleared over ‘racist’ complaints – BBC News

Posted February 3rd, 2014 in complaints, media, news, ombudsmen, racism by sally

‘EastEnders has been cleared by the broadcasting watchdog over complaints about a Muslim character berating her father for dating a “white woman”.’

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BBC News, 3rd February 2014

Source: www.bbc.co.uk

Comic behind West Brom striker Nicolas Anelka’s ‘quenelle’ gesture banned from UK – Daily Telegraph

‘The comedian who is said to have invented the quenelle gesture, which is seen by many as anti-semitic, has been banned from entering the country as Nicolas Anelka could be given a five match ban.’

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Daily Telegraph, 3rd February 2014

Source: www.telegraph.co.uk

Honeymoon murder suspect can be extradited to South Africa, says High Court – UK Human Rights Blog

‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’

Full story

UK Human Rights Blog, 1st February 2014

Source: www.ukhumanrightsblog.com

HSE guidance on working at height simplified, but underlying regulations remain unchanged, says expert – OUT-LAW.com

Posted February 3rd, 2014 in codes of practice, EC law, employment, health & safety, interpretation, news, standards by sally

‘The Health and Safety Executive (HSE) has published new guidance on what the law requires of both employers and employees when people are working at height.’

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OUT-LAW.com. 31st January 2014

Source: www.out-law.com

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by sally

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

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NearlyLegal, 2nd February 2014

Source: www.nearlylegal.co.uk/blog/

Can a solicitor be personally liable to pay costs? – Halsbury’s Law Exchange

Posted February 3rd, 2014 in Administrative Court, appeals, costs, fraud, news, solicitors, witnesses by sally

‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’

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Halsbury’s Law Exchange, 31st January 2014

Source: www.halsburyslawexchange.co.uk

New sentencing guideline for corporate fraud – Sentencing Council

Posted February 3rd, 2014 in bribery, codes of practice, fraud, money laundering, news, sentencing by sally

‘Following consultation the Sentencing Council is publishing a new definitive guideline on fraud, bribery and money laundering offences committed by corporate offenders which will come into force on 1 October 2014.’

Full guidelines

Sentencing Council, 31st January 2014

Source: http://http://sentencingcouncil.judiciary.gov.uk

Launch of Child Sexual Exploitation Operating Protocol – CrimeLine

‘The Metropolitan Police Service is hosting a multi-agency launch at City Hall today, Monday 3 February, to set a benchmark for the investigation of child sexual exploitation in the capital. Designed to enhance victim care through improved referral pathways the MPS has drawn up robust processes to identify children at risk of abuse and sexual exploitation. The London Child Sexual Exploitation (CSE) Operating Protocol – which has been agreed across all 32 London boroughs – sets out the standards expected of all those agencies involved in dealing with the identification and protection of vulnerable children who are targeted for sexual abuse.’

Full story

CrimeLine, 31st February 2014

Source: www.crimeline.info

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by sally

‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’

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Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

VHCC cases jeopardised by fee cuts – Law Society’s Gazette

Posted February 3rd, 2014 in barristers, budgets, costs, fees, fraud, legal aid, news, solicitor advocates, trials by sally

‘Multi-million-pound fraud trials are being put in jeopardy by the Ministry of Justice’s cuts to advocates’ fees, the Gazette has learned.’

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Law Society’s Gazette, 3rd February 2014

Source: www.lawgazette.co.uk

Surrogacy: A Guide to the Current Law (Part 2) – Issues Arising – Family Law Week

Posted February 3rd, 2014 in consent, enforcement, families, news, surrogacy by sally

‘In the second of two articles providing an introduction to surrogacy law, Bianca Jackson, a pupil barrister at Coram Chambers, considers the main issues arising from the current legislation.’

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Family Law Week, 30th January 2014

Source: www.familylawweek.co.uk

Constance Briscoe faces retrial over alleged lying in Chris Huhne case – The Guardian

Posted February 3rd, 2014 in news, perverting the course of justice, retrials, road traffic offences by sally

‘Jury fails to reach verdict after three-week trial of part-time judge accused of perverting course of justice in speeding points case.’

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The Guardian, 31st January 2014

Source: www.guardian.co.uk

Secret hearings could allow police to seize journalists’ notes if bill passes – The Guardian

Posted February 3rd, 2014 in bills, closed material, disclosure, inquiries, media, news, police by sally

‘The seizure of journalists’ notebooks, photographs and digital files could be conducted in secret hearings, owing to a little-publicised clause in a government bill aimed at cutting red tape, media organisations have warned. Requests for notebooks, computer disks, photographs or videos must currently be made in open court and representatives of news groups can be present. But the clause – in the deregulation bill, which comes before the Commons on Monday – significantly alters the way courts consider so-called “production orders”, stripping out current safeguards.’

Full story

The Guardian, 31st January 2014

Source: www.guardian.co.uk