The watchdog that would have scrutinised the end of the Human Rights Act just got quietly scrapped – The Independent

Posted May 22nd, 2015 in constitutional reform, EC law, human rights, magna carta, news, parliament by sally

‘The parliamentary committee that scrutinises proposed major constitutional changes been scrapped despite turbulent times ahead of the future of the United Kingdon’s governance.’

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The Independent, 21st May 2015

Source: www.independent.co.uk

Stacey Hyde cleared of murder in retrial – The Guardian

‘A young woman who faced a retrial for the murder of man with a history of domestic violence has been acquitted after a jury heard how she acted in self-defence. Stacey Hyde, 22, was ordered to face a second trial by the director of public prosecutions, Alison Saunders, after the court of appeal quashed her original murder conviction last year.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

David Alderson murder: Man jailed for 28 years – BBC News

Posted May 22nd, 2015 in burglary, murder, news, sentencing by sally

‘A man has been jailed for 28 years for murdering a “naive pensioner” whom he lured to a disused quarry.’
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BBC News, 21st May 2015

Source: www.bbc.co.uk

Rape victim falsely accused of lying by police wins £20,000 payout – The Guardian

‘A rape victim falsely accused of lying by detectives has won £20,000 in damages after suing police under the Human Rights Act. The woman, who cannot be named, was 17 when a man raped her in Winchester in April 2012 after a night out with friends. Her mother reported the attack hours later and the victim told officers her T-shirt may contain her attacker’s DNA.’

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The Guardian, 22nd May 2015

Source: www.guardian.co.uk

Susan Workman murder: Killer’s family post ad to trace jury – BBC News

Posted May 22nd, 2015 in advertising, divorce, domestic violence, evidence, juries, media, murder, news by sally

‘The family of a man jailed for murdering his ex-wife have taken out a newspaper advert in an attempt to trace the jurors involved in his trial, prompting a police investigation.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

Driver jailed for disguising his car as ambulance while caring for sick wife – The Guardian

Posted May 22nd, 2015 in driving licences, news, sentencing, speed cameras by sally

‘A man has been jailed for dressing as a paramedic and disguising his Renault estate car as an emergency response vehicle, complete with flashing light, to run errands for his wife, a court has heard.’

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The Guardian, 21st May 2015

Source: www.guardian.co.uk

Part 36 penalties in detailed costs assessments – Zenith PI Blog

Posted May 21st, 2015 in appeals, civil procedure rules, news, part 36 offers by sally

‘This matter was an appeal from a senior cost Judge refusing to award an additional amount under CPR 36.14(3) (d) on a detailed assessment of costs. The law with which this judgement is concerned is CPR 36 as it was prior to its amendment on the 6th April 2015.’
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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

Pianist James Rhodes can publish child abuse memoir – BBC News

‘A concert pianist has won a legal battle to publish an autobiographical book giving details of sexual abuse he experienced as a child.’

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BBC News, 20th May 2015

Source: www.bbc.co.uk

Court approves caesarean for mentally-ill woman – BBC News

Posted May 21st, 2015 in birth, consent, medical treatment, mental health, news by sally

‘Doctors can perform a caesarean section on a mentally-ill woman who is in the latter stages of pregnancy without her consent, a judge has ruled.’
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BBC News, 20th May 2015

Source: www.bbc.co.uk

Court of Appeal rules on vexatious and unreasonable information requests – Local Government Lawyer

‘The Court of Appeal has handed down a key ruling on the scope of a public authority’s power to reject a request for information as ‘vexatious’ or ‘manifestly unreasonable’.’

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Local Government Lawyer, 20th May 2015

Source: www.localgovernmentlawyer.co.uk

Phone hacking: Paul Gascoigne wins damages from Mirror Group – BBC News

Posted May 21st, 2015 in appeals, damages, interception, media, news, privacy, telecommunications by sally

‘Former footballer Paul Gascoigne has won £188,250 in phone-hacking damages from Mirror Group Newspapers.’

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BBC News, 21st May 2015

Source: www.bbc.co.uk

Supreme Court backs “broad equitable approach” to insurers’ liability in mesothelioma cases – Litigation Futures

Posted May 21st, 2015 in appeals, asbestos, compensation, insurance, news, Supreme Court by sally

‘Insurers liable to pay compensation to mesothelioma victims have rights to pro rata contributions from other insurers and/or employers covering some of the time of exposure, the Supreme Court has ruled.’
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Litigation Futures, 20th May 2015

Source: www.litigationfutures.co.uk

1,400 investigated in child sex abuse inquiry, including politicians – The Guardian

Posted May 21st, 2015 in child abuse, inquiries, news by sally

‘Police across the country are investigating more than 1,400 men – including 261 high-profile individuals – over allegations of child abuse in the past, a senior officer running the national operation has revealed.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

Fraudster ‘Fast Eddie’ ordered to pay £13.5m – Daily Telegraph

Posted May 21st, 2015 in compensation, confiscation, fines, fraud, news, proceeds of crime by sally

‘The self-styled ‘Lord’ Davenport’s fine is over criminal profits he made selling London mansion used for sex parties.’

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Daily Telegraph, 21st May 2015

Source: www.telegraph.co.uk

No duty of care to disclose to pregnant daughter father’s genetic disease – High Court – UK Human Rights Blog

‘In short, in 2007 the claimant’s father (‘F’) shot and killed the claimant’s mother. He was convicted of manslaughter on grounds of diminished responsibility and detained at a hospital run by the second defendant. In 2009 St George’s Hospital diagnosed him as suffering from Huntington’s disease.’

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UK Human Rights Blog, 20th May 2015

Source: www.ukhumanrightsblog.com

Credit Hire Simplified? – Zenith PI Blog

Posted May 21st, 2015 in appeals, consumer credit, damages, news, rent by sally

‘In cases where the hirer of a car on credit terms is not impecunious, we thought we knew where we stood after Dimond v Lovell [2001] 1AC 384. The Claimant was entitled to recover the ‘spot rate’ or, as the Court of Appeal in Pattni v First Leicester Buses Ltd [2012] RTR 17 insisted, ‘basic hire rate’ or BHR. In Burdis v Livsey [2003] QB 36, three possible ways of calculating the basic hire rate were considered and indeed that consideration was repeated by Aikens LJ in Pattni. Both the Court of Appeal in Burdis and the Court of Appeal in Pattni rejected the mode of calculation of applying a reasonable discount to the credit hire rate charged. That left two methods of calculation. The first, which was not favoured by the Court of Appeal in Burdis, was to break down the charge made by the credit hire company and remove the additional elements from the claim in respect of credit, claim handling and delivery &c. The Court of Appeal in Burdis thought that the cost of working all that out might well be disproportionate. The court in Pattni, however, considered that where the actual credit hire company which had hired the replacement car to the Claimant, disclosed the BHR for that type of car in that area at that time, that might well be the best mode of calculation.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

Police officer jailed for eight months for assaulting student at London protest – The Guardian

‘A police officer who knocked part of a man’s tooth out with his riot shield during a student protest in 2010 has been sentenced to eight months in prison.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

Supreme Court upholds challenge to council decision on intentional homelessness – Local Government Lawyer

Posted May 21st, 2015 in appeals, homelessness, local government, news, Supreme Court by sally

‘Local authorities have been advised to review urgently their intentional homelessness decision making after the Supreme Court – by a 4-1 majority – today upheld an appellant’s challenge.’

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Local Government Lawyer, 21st May 2015

Source: www.localgovernmentlawyer.co.uk

‘I Started Something I Couldn’t Finish’ – Wasted Costs Application Against Legal Representatives – Zenith PI Blog

‘Anecdotal evidence suggests that Defendants in failed personal injury claims are increasingly making use of the Court’s wasted costs powers in an attempt to recover costs from Claimants’ legal representatives. Often this is in cases where the Defence is either explicitly or implicitly one of fraud. In such cases the terms of the ATE insurance (if indeed any is held by the Claimant) are often such that the policy does not pay out. Thus, Defendants are sometimes left in the position of holding a costs order against a ‘man of straw’. To circumvent this problem it seems some Defendants are making costs applications against legal representatives directly, using the wasted costs jurisdiction. The recent case of Kagalovsky v Balmore Invest Ltd [2015] EWHC 1337 (QB)[1] provides a salutary reminder of the difficulties a party faces when seeking to persuade a Court to make a wasted costs order.’

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Zenith PI Blog, 20th May 2015

Source: www.zenithpi.wordpress.com

The London borough that has turned homeless people into ‘criminals – The Independent

‘Homeless people face being criminalised in a east London borough due to a ban on anti-social behaviour, a charity has warned.’

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The Independent, 21st May 2015

Source: www.independent.co.uk