news – Page 2004 – Current Awareness

Don’t Think Twice, It’s All Right (To Manage) – NearlyLegal

Posted December 17th, 2013 in housing, leases, news, tribunals by sally

‘The right to manage provisions in Commonhold and Leasehold Reform Act 2002 have been an incredibly fertile source of litigation. Thanks Parliament. No, really, thanks a lot. One reason might be the drafting of the legislation itself (as J has said, you could never accuse it of being user friendly) The challenges have focused on the two key elements – the qualifying criteria (or what I am loosely calling “qualifying criteria”) and the procedural requirements. The judicial trend in respect of both has been in favour of allowing the right to manage to be acquired, so far as possible (Exhibit 1 for qualifying criteria: Gala Unity v Ariadne Road; Exhibit 2 for procedure: Avon Freeholds v Regent Court RTM).’

NearlyLegal, 16th December 2013

Source: www.nearlylegal.co.uk

Prisons: Efforts to cut reoffending ‘not working’ – BBC News

Posted December 17th, 2013 in news, prisons, probation, recidivists, rehabilitation, reports by sally

‘Efforts to stop prisoners reoffending are “not working” and should be the subject of a major policy review, two senior inspectors have said.’

BBC News, 17th December 2013

Source: www.bbc.co.uk

Assisted suicide ruling cannot ignore right and wrong, says judge – Daily Telegraph

Posted December 17th, 2013 in assisted suicide, euthanasia, judges, news, Supreme Court, trials by sally

‘Moral questions of right and wrong cannot be “ignored” when deciding whether to allow assisted suicide, senior judge says in landmark challenge to Britain’s euthanasia laws.’

Daily Telegraph, 16th December 2013

Source: www.telegraph.co.uk

Car insurance too high, says Competition Commission – The Guardian

Posted December 17th, 2013 in competition, consumer protection, insurance, news, road traffic by sally

‘Car insurance premiums are too high and should be reduced through far-reaching reforms, the competition watchdog has said.’

The Guardian, 17th December 2013

Source: www.guardian.co.uk

‘Let reformed drug addicts become magistrates’, suggests think tank – The Independent

Posted December 17th, 2013 in courts, drug abuse, magistrates, news, rehabilitation by sally

‘Ex-offenders who’ve turned away from crime would be ideally suited to help deal with low-level offenders.’

The Independent, 17th December 2013

Source: www.independent.co.uk

College of Policing review tries to prevent deaths in custody – BBC News

Posted December 17th, 2013 in death in custody, education, mental health, news, police, race discrimination, restraint by sally

‘The College of Policing is reviewing its training to try to prevent more people dying in police custody in England and Wales, the BBC has learned.;

BBC News, 17th December 2013

Source: www.bbc.co.uk

Young v Young: can “eye-watering” divorce costs be justified? – Halsbury’s Law Exchange

Posted December 16th, 2013 in barristers, costs, divorce, fees, financial dispute resolution, judiciary, news, professional conduct, proportionality, solicitors by sally

‘A 7 year divorce case culminating in a 20 day final hearing with £6.5m spent on one side’s legal costs alone. In the aftermath of Young v Young, what should be done by the judiciary and practitioners to make fees in family proceedings proportionate?’

Halsbury’s Law Exchange, 16th December 2013

Source: www.halsburyslawexchange.co.uk

One Direction’s Harry Styles wins court order against paparazzi – The Guardian

Posted December 16th, 2013 in injunctions, media, news, photography, privacy by sally

‘One Direction’s Harry Styles has won a court order banning the paparazzi from pursuing him in the street or waiting outside his house.’

The Guardian, 16th December 2013

Source: www.guardian.co.uk

BT default ‘porn filter’ switched on – BBC News

Posted December 16th, 2013 in children, drug abuse, internet, news, pornography by sally

‘BT has announced the launch of a new internet filter designed to protect children online.’

BBC News, 16th December 2013

Source: www.bbc.co.uk

Modern slavery white paper published – Home Office

Posted December 16th, 2013 in bills, imprisonment, news, trafficking in human beings by sally

‘A flagship Bill to tackle modern slavery, the first of its kind in Europe, was published today by the Home Secretary Theresa May.’

Home Office, 16th December 2013

Source: www.gov.uk/home-office

Traffic courts up and running in 29 areas – Ministry of Justice

Posted December 16th, 2013 in courts, news, road traffic offences by sally

‘All areas should have a dedicated traffic court within the next 6 months Justice Minister Damian Green said today (13 December 2013).’

Ministry of Justice, 13th December 2013

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

Cormac Mac Amhlaigh: Once More Unto the (Public/Private) Breach …: s. 6 of the Human Rights Act 1998 and the Severability Thesis – UK Constitutional Law Group

Posted December 16th, 2013 in demonstrations, human rights, injunctions, interpretation, news, public private partnerships by sally

‘Two interesting recent blog posts dealt with the meaning of public and private under s. 6 of the Human Rights Act 1998. They were motivated by injunction proceedings in the High court whereby the Olympic Delivery Authority, (ODA) the body charged with the logistics and infrastructure of the London Olympic Games, had sought injunctions to restrain protestors from entering and occupying land which was to be developed as part of the Olympic site. The main issues emerging from this case discussed in the two posts was whether the ODA constituted a ‘core’ or ‘hybrid’ public authority under s. 6 HRA; whether it could itself enjoy human rights to defeat or counter any human rights obligations it may hold in its capacity as a ‘hybrid’ body exercising public functions; and where the ‘centre of gravity’ for determining the human rights obligations of hybrid bodies lay under the Act; under the s. 6(3)(b) ‘public function’ test or the definition of ‘private act’ under s. 6(5).’

UK Constitutional Law Group, 13th December 2013

Source: www.ukconstituionallaw.org

University segregation guidance – manifesting, not imposing, beliefs – Halsbury’s Law Exchange

Posted December 16th, 2013 in freedom of expression, gender, human rights, Islam, news, sex discrimination, universities by sally

‘Controversy has been sparked by the guidance issued by Universities UK entitled External speakers in higher education institutions on the question of gender segregation in university talks.’

Halsbury’s Law Exchange, 13th December 2013

Source: www.halsburyslawexchange.co.uk

Mitchell ruling “not an enhanced tactical weapon” for non-defaulting parties – Litigation Futures

Posted December 16th, 2013 in appeals, costs, default judgments, jurisdiction, news, time limits by sally

‘The new emphasis on courts considering a “wide range of interests” beyond just those of the parties before them when deciding applications for relief from sanctions is not “an enhanced tactical weapon” for non-defaulting parties, the High Court warned last week.’

Litigation Futures, 16th December 2013

Source: www.litigationfutures.com

April Jones killer Mark Bridger to appeal against sentence – BBC News

Posted December 16th, 2013 in appeals, children, indecent photographs of children, murder, news, sentencing by sally

‘April Jones’ killer Mark Bridger is to appeal against his whole-life sentence.’

BBC News, 16th December 2013

Source: www.bbc.co.uk

The need for Gypsies and Travellers to respond to the Government’s balance of competences review on fundamental rights – Garden Court Chambers Blog

Posted December 16th, 2013 in complaints, EC law, evidence, human rights, news, travellers by sally

‘Marc Willers explains why it is so important that Gypsies and Travellers respond to the Government’s balance of competences review on fundamental rights by submitting evidence before 13 January 2014.

Garden Court Chambers Blog, 13th December 2013

Source: www.gclaw.wordpress.com

Court of Appeal issues key NPPF ruling in cases where no local plan yet – Local Government Lawyer

Posted December 16th, 2013 in appeals, costs, environmental protection, housing, local government, news, planning by sally

‘The Court of Appeal has clarified the operation of a key part of the National Planning Policy Framework in situations where a local authority has yet to produce a local plan.’

Local Government Lawyer, 13th December 2013

Source: www.localgovernmentlawyer.co.uk

Shortfalls, guidance and intentionality – NearlyLegal

Posted December 16th, 2013 in appeals, benefits, homelessness, housing, local government, news, rent by sally

‘A s.202 review decision on affordability was at the centre of this second appeal, brought by Birmingham after a s.204 appeal decision went against them. The issue was to what extent the review decision should manifest attention to the statutory guidance (the July 2006 Guidance) on affordability.

NearlyLegal, 15th December 2013

Source: www.nearlylegal.co.uk

Fake police gang jailed for robberies and kidnappings – BBC News

Posted December 16th, 2013 in burglary, conspiracy, kidnapping, news, robbery, sentencing, weapons by sally

‘Four men who posed as police officers and handcuffed victims while ransacking their properties have been jailed.’

BBC News, 13th December 2013

Source: www.bbc.co.uk

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