Theresa May wins Abu Qatada court appeal bid – The Independent

Posted December 6th, 2012 in appeals, deportation, evidence, news, terrorism, torture by sally

“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”

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The Independent, 5th December 2012

Source: www.independent.co.uk

Hillsborough probe bill supported in House of Commons – BBC News

Posted December 6th, 2012 in bills, complaints, news, parliament, police, sport by sally

“New powers to help the investigation of police officers involved in the Hillsborough disaster have been approved by MPs in the Commons.”

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BBC News, 5th December 2012

Source: www.bbc.co.uk

Sexual Offences Guidelines Consultations – Ministry of Justice

Sexual Offences Guideline: Child sex offences committed by young offenders under the age of 18

Sexual Offences Guideline: Exploitation offences

Sexual Offences Guideline: Indecent images of children

Sexual Offences Guideline: Offences against those with a mental disorder

Sexual Offences Guideline: Offences where the victim is a child

Sexual Offences Guideline: Other sexual offences

Sexual offences guideline: Rape and assault offences

Ministry of Justice, 6th December 2012

Source: www.justice.gov.uk

Addenbrooke’s Hospital payout as equipment left in patient – BBC News

Posted December 5th, 2012 in compensation, hospitals, negligence, news by sally

“A hospital has apologised and paid £7,000 in compensation to a man who had surgical equipment left inside him following an operation.”

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BBC News, 5th December 2012

Source: www.bbc.co.uk

Equality and diversity rules spot check – Bar Standards Board

Posted December 5th, 2012 in barristers, diversity, equality, news by sally

“The BSB is undertaking a ‘progress check’ with a sample of 40 chambers to commence in February 2013. This to understand the extent to which the profession is engaging with the new equality and diversity rules and to identify any areas of challenge for individuals and chambers.”

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Bar Standards Board, 3rd December 2012

Source: www.barstandardsboard.org.uk

FCA’s temporary product ban powers “approval by another name”, says expert – OUT-LAW.com

Posted December 5th, 2012 in banking, consumer protection, financial regulation, news by sally

“The Financial Services Authority (FSA) is consulting on a new power that will enable regulators to ban financial products without consultation in certain circumstances.”

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OUT-LAW.com, 5th December 2012

Source: www.out-law.com

Man cleared of racial abuse after using nigger ‘as term of endearment’ – The Guardian

Posted December 5th, 2012 in news, public order, racism, threatening behaviour by sally

“A court has cleared a man who shouted the word ‘nigger’ at a black man of racial abuse, after he claimed he was a rap music fan who used the term as an endearment.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

High Court judge warned to keep a ‘lower profile’ after speaking out for marriage – Daily Telegraph

Posted December 5th, 2012 in complaints, judges, lobbying, marriage, news by sally

“A High Court judge has been warned to keep a ‘lower profile’ after speaking out in favour of marriage, after a complaint his view was “incompatible” with his responsibilities.”

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Daily Telegraph, 5th December 2012

Source: www.telegraph.co.uk

‘Unfair’ supermarkets could face hefty fines under new watchdog – The Guardian

Posted December 5th, 2012 in competition, consumer protection, fines, news, unfair commercial practices by sally

“Large UK supermarkets which abuse their power in the marketplace and treat suppliers ‘unfairly’ could be fined by a new watchdog under changes announced by the Department for Business.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

Man jailed over naked climb on Whitehall statue – BBC News

Posted December 5th, 2012 in criminal damage, news, offensive weapons, public order, sentencing by sally

“A 29-year-old who stripped naked on top of a statue in central London, before breaking off its sword and biting it, has been jailed for 12 weeks.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

‘Sexual predator’ Paul Taylor found guilty of 1979 murder of Sally McGrath – The Independent

Posted December 5th, 2012 in murder, news, rape, sexual offences by sally

“A man described as a ‘sexual predator’ has been found guilty of a 1979 murder and five attacks on other women.”

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The Independent, 4th December 2012

Source: www.independent.co.uk

Jack Straw on judicial appointments: ‘Labour went too far’ – The Guardian

Posted December 5th, 2012 in diversity, equality, judicial appointments commission, judiciary, news by sally

“Former lord chancellor admits reformed system does not allow talented women and ethnic minorities to be sought out.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

Crown court judge reprimanded for telling burglar he had ‘courage’ – The Guardian

Posted December 4th, 2012 in complaints, disciplinary procedures, judges, judiciary, news, professional conduct by sally

“A crown court judge who said that burglars needed ‘a huge amount of courage’ has been formally reprimanded by the Office for Judicial Complaints.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

Consent given for change to royal succession rules – BBC New

Posted December 4th, 2012 in constitutional reform, news, royal family, sex discrimination, succession by sally

“All Commonwealth realms have agreed to press ahead with a bill ending discrimination against women in the succession to the British throne.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

Another reason to avoid the CAT – Emerson in the Court of Appeal – Competition Bulletin from Blackstone Chambers

Posted December 4th, 2012 in appeals, competition, jurisdiction, news by sally

“The famous Victorian cricketer WG Grace is reputed once to have offered the following advice:

‘When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.’

The recent Emerson decision [2012] EWCA Civ 1559 is another illustration that bringing a follow on claim in the CAT rather than in the High Court is the law’s equivalent of choosing to bowl.”

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Competition Bulletin from Blackstone Chambers, 4th December 2012

Source: www.competitionbulletin.com

‘Squatters are not home stealers’ – The Guardian

Posted December 4th, 2012 in housing, news, squatting by sally

“On 26 September, Alex Haigh became the first person to be jailed under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act. His crime was one of which countless thousands of people could now be guilty: squatting. A 21-year-old from Plymouth, Haigh was arrested for living in a house in Pimlico that had been empty for over a year. He had come to London seeking work as a bricklayer; now he has a criminal record.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

The inherent jurisdiction: where are we now? – Thirty Nine Essex Street

Posted December 4th, 2012 in jurisdiction, mental health, news by sally

“That very significant vestiges of the High Court’s inherent jurisdiction to grant declaratory and injunctive relief have survived the implementation of the MCA 2005 is now clear. However, what is very much less clear is precisely: (1) how far the inherent jurisdiction has survived; and (2) how the High Court can or should exercise its powers under the inherent jurisdiction in respect of those who can only be afforded protection by way of its exercise. Cases decided since the beginning of the year have perhaps made the answers less rather than more clear, and this note seeks to draw together some of the threads, as much to provoke discussion as to offer solutions. It concludes with a brief discussion of the prospects for statutory reform in the area in the shape of the draft Care and Support Bill.”

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Thirty Nine Essex Street, December 2012

Source: www.39essex.com

Triumph of substance over form – Hardwicke Chambers

“In Pieretti v. LB Enfield [2011] 2 All ER 642 the Court of Appeal held that a local authority in exercising its powers under Part VII Housing Act 1996 (Homelessness) was carrying out a ‘function’ for the purposes of s.49A. It was therefore an obligation on the Local Authority to have ‘due regard’ to the factors set out in the section and, in the case of homelessness, in particular to have ‘due regard’ to ‘the need to take steps to take account of disabled persons’ disabilities’. Moreover, this duty arose irrespective of whether or not the applicant, or their advisers, had raised disability as an issue.”

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Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

Housing and the CPR: A Factual and Speculative Account of Amendments Past and Present – Zenith Chambers

Posted December 4th, 2012 in appeals, civil procedure rules, committals, housing, news by sally

“The Civil Procedure (Amendment No.2) Rules 2012 came into force on 1st October 2012. These Amendments cover many aspects of the CPR. This article only considers those amendments which a housing practitioner is likely to encounter.”

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Zenith Chambers, 27th November 2012

Source: www.zenithchambers.co.uk

Arbitration update: Tang v Grant Thornton – provisions for conciliation or mediation of disputes prior to arbitration or court proceedings examined – Hardwicke Chambers

Posted December 4th, 2012 in arbitration, dispute resolution, enforcement, news by sally

“Tang Chung Wah and others v Grant Thornton and others [2012] EWHC 3198 (Ch)

In Tang, the Honourable Mr Justice Hildyard dismissed a claim under s. 67 of the Arbitration Act 1996 that a final LCIA Award should be found to be of no effect on grounds that the Tribunal had lacked substantive jurisdiction to determine the dispute in question.”

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Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk