Children denied visits to fathers in jail after rule changes – charity – The Guardian

Posted December 4th, 2015 in children, families, news, prisons, punishment by sally

‘Thousands of children are being denied visiting rights to see their fathers in prison because of changes to the prison discipline system, according to a report. The report, Locked Out, by the children’s charity Barnardo’s, says 17,000 children a month visit a parent in prison, and changes to the incentives and earned privileges (IEP) scheme mean that prison visits are being used as a way to enforce discipline.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

The “socialite” who rejected life saving treatment – UK Human Rights blog

Posted December 4th, 2015 in consent, Court of Protection, medical treatment, news by sally

‘King’s College Hospital NHS Foundation Trust v C and another [2015] EWCOP 80. A woman who suffered kidney failure as a result of a suicide attempt has been allowed to refuse continuing dialysis. The Court of Protection rejected the hospital’s argument that such refusal disclosed a state of mind that rendered her incapable under the Mental Capacity Act. An adult patient who suffers from no mental incapacity has an absolute right to choose whether to consent to medical treatment. Continuation of such treatment is unlawful, even if the refusal seems irrational to others.’

Full story

UK Human Rights Blog, 3rd December 2015

Source: www.ukhumanrightsblog.com

Court of Appeal: employer may challenge the amount due under a builder’s final account despite his failure to serve a pay less notice – OUT-LAW.com

Posted December 4th, 2015 in appeals, construction industry, contracts, dispute resolution, news by sally

‘Failure to serve a payment or pay less notice does not prevent an employer from disputing his building contractor’s final account in adjudication proceedings, even where the contractor has already obtained an adjudicator’s decision in his favour, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

Court of Appeal highlights ‘real prospect of success’ of accelerated payment notice judicial review – OUT-LAW.com

Posted December 4th, 2015 in appeals, judicial review, limited liability partnerships, news, tax avoidance, taxation by sally

‘Investors in the Ingenious Media film partnership schemes have been granted the right to appeal the High Court’s dismissal of their challenge to HM Revenue and Customs (HMRC), which had required up-front payment of disputed tax.’

Full story

OUT-LAW.com, 3rd December 2015

Source: www.out-law.com

Upper Tribunal continues to refuse to enforce procedure rules against Home Office – Free Movement

Posted December 4th, 2015 in costs, government departments, immigration, judicial review, news by sally

‘In the recent case of R (on the application of Turay) v Secretary of State for the Home Department IJR [2015] UKUT 485 (IAC) Mr Ockelton, the Deputy President of the Immigration and Asylum Chamber of the Upper Tribunal, concludes (1) that applicants for judicial review cannot supplement or amend their position but (2) the Home Office can.’

Full story

Free Movement, 2nd December 2015

Source: www.freemovement.org.uk

SRA to research competence of personal injury lawyers – Legal Futures

Posted December 4th, 2015 in news, personal injuries, quality assurance, solicitors, Solicitors Regulation Authority by sally

‘The Solicitors Regulation Authority (SRA) is to launch a research project on the “competence” of personal injury lawyers, it has emerged.’

Full story

Legal Futures, 4th December 2015

Source: www.legalfutures.co.uk

Speech by Lord Justice Treacy at the Criminal Law Review Conference – Courts and Tribunals Judiciary

Posted December 4th, 2015 in health & safety, robbery, sentencing, speeches, theft, victims by sally

‘I am pleased to be here today as I think this a good opportunity for me as Chairman, to outline four broad themes which go some way to showing different aspects of the Sentencing Council’s work.’

Full speech

Courts and Tribunals Judiciary, 3rd December 2015

Source: www.judiciary.gov.uk

Beccles rapist to spend longer in prison – Attorney General’s Office

Posted December 4th, 2015 in appeals, press releases, rape, sentencing by sally

‘The Court of Appeal today increased the unduly lenient sentence handed to rapist Martin Tom.’

Full press release

Attorney General’s Office, 3rd December 2015

Source: www.gov.uk/ago

Regina (HS and others) v South Cheshire Magistrates’ Court and another; Regina (MU and another)North Cheshire Magistrates’ Court; Regina (AM)South Cheshire Magistrates’ Court and another – WLR Daily

Posted December 4th, 2015 in judicial review, law reports, search & seizure, warrants by sally

Regina (HS and others) v South Cheshire Magistrates’ Court and another: Regina (MU and another)North Cheshire Magistrates’ Court: Regina (AM)South Cheshire Magistrates’ Court and another: Regina (HS and others)Crown Court at Manchester and another: [2015] EWHC 3415 (Admin); [2015] WLR (D) 500

‘There was no general rule that there could be no application to the Crown Court under section 59 of the Criminal Justice and Police Act 2001 until every issue raised in a judicial review claim had been resolved by a decision of the High Court.’

WLR Daily, 30th November 2015

Source: www.iclr.co.uk

In re BCA Pension Plan – WLR Daily

Posted December 4th, 2015 in law reports, notification, pensions, trusts by sally

In re BCA Pension Plan: [2015] EWHC 3492 (Ch); [2015] WLR (D) 502

‘Where the court made an order under section 48 of the Administration of Justice Act 1985 which directly related to the level of benefits that would be payable to members of a pension scheme, members should be told of the order unless there were compelling reasons to the contrary.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another – WLR Daily

Posted December 4th, 2015 in apportionment, interpretation, landlord & tenant, law reports, leases, rent by sally

Marks and Spencer plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd and another: [2015] UKSC 72; [2015] WLR (D) 501

‘A term would only be implied into a detailed commercial contract if its implication were necessary to give business efficacy to the contract or so obvious that went without saying.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Sanam v National Crime Agency – WLR Daily

Posted December 4th, 2015 in assets recovery, human rights, married persons, news, proceeds of crime, third parties by sally

Sanam v National Crime Agency: [2015] EWCA Civ 1234; [2015] WLR (D) 495

‘There was no basis for concluding that a civil recovery order obtained by the National Crime Agency pursuant to Part 5 of the Proceeds of Crime Act 2002 in respect of property derived from unlawful conduct would violate the rights of an innocent former wife of the criminal under article 1 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though she would be left without any assets if a recovery order was made.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Worker stole nearly £500,000 of council funds to pay for lavish wedding – The Guardian

Posted December 4th, 2015 in abuse of position of trust, care workers, fraud, money laundering, news, sentencing by sally

‘A finance officer in one of London’s poorest boroughs has been jailed after she defrauded the council of almost £500,000, paying for a lavish wedding, a honeymoon in Dubai and extensive home renovations.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Dash cam footage of dangerous overtaking lands driver in jail in UK first – Daily Telegraph

Posted December 4th, 2015 in dangerous driving, evidence, news, sentencing, video recordings by sally

‘In a landmark case, a driver has been jailed after another car’s dashboard camera filmed his dangerous overtaking manoeuvres.’

Full story

Daily Telegraph, 3rd December 2015

Source: www.telegraph.co.uk

Islamist extremist’s wife and children win citizenship battle – BBC News

Posted December 4th, 2015 in citizenship, families, news, terrorism by sally

‘The wife and children of an Islamist extremist linked to al-Qaeda have won a legal battle against the Home Secretary’s refusal to grant them UK citizenship.’

Full story

BBC News, 3rd December 2015

Source: www.bbc.co.uk

Outdated inheritance tax too toxic to save, says thinktank – The Guardian

Posted December 4th, 2015 in budgets, gifts, inheritance tax, news, political parties by sally

‘The Fabian Society said the evidence from a series of focus groups conducted after the general election in May showed that Labour voters were as hostile to inheritance tax as Conservatives. The thinktank said the tax, seen as illegitimate and unfair by voters, should be replaced by the levying of income tax on gifts and bequests.’

Full story

The Guardian, 4th December 2015

Source: www.guardian.co.uk

Primark breastfeeding claim mother avoids jail ‘by a whisker’ – The Guardian

Posted December 3rd, 2015 in news, perverting the course of justice, sentencing, suspended sentences by sally

‘Judge gives suspended sentence to Caroline Starmer, who lied about security guard taking baby from her while she fed.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Transgender woman who was sent to male prison is freed – The Guardian

Posted December 3rd, 2015 in news, prisons, suicide by sally

‘A transgender woman who was sent to a male prison, causing a storm of protest, has been freed after 40 days behind bars.
Tara Hudson, 26, spent a week in the all-male HMP Bristol, where she was tormented by inmates, before being moved to a female prison after more than 150,000 people signed a petition calling for her to be transferred.’

Full story

The Guardian, 3rd December 2015

Source: www.guardian.co.uk

Courts – Written statement to Parliament – Ministry of Justice

Posted December 3rd, 2015 in costs, courts, criminal courts charge, criminal justice, press releases by sally

‘The courts take money from offenders in a number of ways, including fines, the victim surcharge, compensation orders, prosecution costs and the Criminal Courts Charge. This array of penalties, fines and charges is complex and confusing. I have therefore asked my department to review the entire structure, and purpose, of court-ordered financial impositions for offenders, in order to bring greater simplicity and clarity to the system.’

Full press release

Ministry of Justice, 3rd December 2015

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

Criminal courts charge to be scrapped by government – BBC News

Posted December 3rd, 2015 in courts, criminal courts charge, criminal justice, magistrates, news by sally

‘The criminal courts charge is to be scrapped, Justice Secretary Michael Gove has announced.’

Full story

BBC News, 3rd December 2015

Source: www.bbc.co.uk