Affordability and intentionality – adding it up – Nearly Legal

‘A second appeal from a s.204 County Court appeal that addressed the council’s decision-making on whether the property from which Ms Samuels had become homeless was affordable (and thus, whether she was intentionally homeless for failing to pay the full rent).’

Full story

Nearly Legal, 8th November 2015

Source: www.nearlylegal.co.uk

Up-skirt lewd photographer sentenced to community order – BBC News

‘A PhD student who took lewd pictures up women’s skirts at a wedding has been spared jail so he can learn how to control his “urges”.’

Full story

BBC News, 6th November 2015

Source: www.bbc.co.uk

Disciplinary tribunals halves budget for so far non-existent ABS appeals – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has halved its budget for appeals from alternative business structures (ABSs), as it has yet to receive one since the Solicitors Regulation Authority (SRA) started licensing them in 2012.

Full story

Legal Futures, 9th November 2015

Source: www.legalfutures.co.uk

IPCC could investigate Bradford City fire after police referral – BBC News

Posted November 9th, 2015 in complaints, fire, inquiries, news, ombudsmen, police, sport by sally

‘West Yorkshire Police has referred itself to the Independent Police Complaints Commission (IPCC) over the 1985 Bradford City fire disaster.’

Full story

BBC News, 6th November 2015

Source: www.bbc.co.uk

Employment tribunal fees ‘may put off claimants’ – BBC News

‘The father of three sisters who brought employment claims against an award-winning chef has said tribunal fees could put people off filing a dispute.’

Full story

BBC News, 9th November 2015

Source: www.bbc.co.uk

Parents sue Government over sidelining of humanism in Religious Studies – Daily Telegraph

‘Three parents have launched a judicial review against the Government’s decision to sidelining humanism in the Religious Studies curriculum.’

Full story

Daily Telegraph, 8th November 2015

Source: www.telegraph.co.uk

Siblings of different faiths in high court row over mother’s funeral – The Guardian

Posted November 9th, 2015 in bereavement, burials and cremation, Church of England, families, Judaism, news by sally

‘A brother and sister who follow different faiths have gone to the high court to settle a dispute over how to conduct their mother’s funeral.’

Full story

The Guardian, 6th November 2015

Source: www.guardian.co.uk

Negligent valuation overturned, but security issuer entitled to sue, says court – OUT-LAW.com

Posted November 9th, 2015 in appeals, damages, mortgages, negligence, news, statistics, surveyors, valuation by sally

‘The Court of Appeal has suggested that a commercial mortgage-backed security (CMBS) issuer would be entitled to sue a surveyor for a potentially negligent valuation, despite overturning the finding of negligence itself.’

Full story

OUT-LAW.com, 6th November 2015

Source: www.out-law.com

Gove admits the UK sentencing framework needs to be more sensitive, & 7 more things we learned at the 2015 Howard League AGM – Halsbury’s Law Exchange

‘Since his appointment as Justice Secretary & Lord Chancellor in May this year, the Rt Hon Michael Gove has maintained a fairly low profile. Aside from his Making Prisons Work speech in July, Mr Gove’s plans for the future of the Criminal Justice System have not been very clearly outlined. Although since his swearing in, to the delight of many, Gove has managed to overturn the previous Lord Chancellor, Chris Grayling’s ban on books for prisoners; scrapped plans to create a super youth prison; and halted massively controversial plans for the UK to undertake Saudi Arabian prison training contracts.’

Full story

Halsbury’s Law Exchange, 6th November 2015

Source: www.halsburyslawexchange.co.uk

The chips are down for Barry Beavis – but what does it mean for the penalty rule? – Technology Law Update

Posted November 9th, 2015 in appeals, consumer protection, contracts, fees, news, parking, penalties, Supreme Court by sally

‘This week the UK Supreme Court gave a single decision on a pair of wildly different cases. They involved a chip shop owner overstaying in a retail car park and the heavily negotiated sale of a substantial Middle Eastern advertising group. (Cavendish Square v El Makdessi and ParkingEye v Beavis) Why? Because they both concerned the idea of a penalty clause – very roughly, a clause that is unenforceable because it imposes an exorbitant obligation to pay on a party that breaches a contract.’

Full story

Technology Law Update, 6th November 2015

Source: www.technology-law-blog.co.uk

Intensive care, and the outer limits of Cheshire West – UK Human Rights Blog

‘Where a coroner has reason to suspect that a person has died in custody or “otherwise in state detention” and that the death was violent, unnatural or by way of unknown cause, the coroner must hold an inquest with a jury (section 7 Coroners and Justice Act 2009 (“CJA”)). The interesting issue in this case was whether and/or in what circumstances a person who has died whilst in intensive care will be regarded as having died “in state detention”, thus triggering a jury inquest.’

Full story

UK Human Rights Blog, 6th November 2015

Source: www.ukhumanrightsblog.com

Spending review: Nine new prisons to replace Victorian jails – BBC News

Posted November 9th, 2015 in budgets, Ministry of Justice, news, prisons, rehabilitation, statistics by sally

‘Nine new prisons will open in England and Wales – five by 2020 – under plans to close Victorian jails and sell them for housing, the government has said.’

Full story

BBC News, 9th November 2015

Source: www.bbc.co.uk

No appetite for scrapping Human Rights Act, says Amnesty – The Guardian

Posted November 9th, 2015 in charities, human rights, Ministry of Justice, news, precedent, statistics by sally

‘Only one in 10 people in Britain believe that scrapping the Human Rights Act should be a major government priority, according to an opinion poll conducted by Amnesty International.’

Full story

The Guardian, 8th November 2015

Source: www.guardian.co.uk

Lady Hale: supreme court should be ashamed if diversity does not improve – The Guardian

Posted November 6th, 2015 in diversity, judiciary, news, Supreme Court, women by sally

‘The UK’s supreme court should be “ashamed” if it does not radically improve its diversity in the next round of judicial appointments, according to its only female judge, Lady Justice Hale.’

Full story

The Guardian, 6th November 2015

Source: www.guardian.co.uk

Nurse Julia Knight jailed for 14 years for trying to kill mother – BBC News

Posted November 6th, 2015 in attempted murder, attempts, murder, news, nurses, sentencing by sally

‘A nurse who injected her mother with insulin as she lay in hospital after a fall has been jailed for 14 years for attempted murder.’

Full story

BBC News, 6th November 2015

Source: www.bbc.co.uk

Inquiry to examine claims police spied on Jeremy Corbyn and Ken Livingstone – The Guardian

Posted November 6th, 2015 in inquiries, news, police, spying, whistleblowers by sally

‘A public inquiry is to scrutinise allegations that police covertly monitored Labour MPs including Jeremy Corbyn and Ken Livingstone in the 1990s.’

Full story

The Guardian, 6th November 2015

Source: www.guardian.co.uk

Offences against the person – modernising the law on violence – Law Commission

Posted November 6th, 2015 in assault, Law Commission, press releases, violence by sally

‘New rules are needed to tackle violent offences and make better use of court time, according to the Law Commission.’

Full press release

Law Commission, 3rd November 2015

Source: www.justice.gov.uk/lawcommission

Speech by Lady Justice Arden: International and European Law: A view from the Bench – Courts and Tribunals Judiciary

Posted November 6th, 2015 in EC law, human rights, judiciary, speeches by sally

‘Lady Justice Arden gave the keynote speech at the Government Legal Department International Conference on 15 October 2015.’

Full speech

Courts and Tribunals Judiciary, 5th November 2015

Source: www.judiciary.gov.uk

Bar Council comments on Draft Investigatory Powers Bill – The Bar Council

‘Responding to the publication of the Draft Investigatory Powers Bill, Alistair MacDonald QC, Chairman of the Bar, said: “The ‘double lock’ requirement of needing both judicial and senior ministerial authorisation for the most intrusive investigatory powers is not as secure as it is made out to be.” ‘

Full press release

The Bar Council, 5th November 2015

Source: www.barcouncil.org.uk

Exeter rapist sees sentence increase – Attorney General’s Office

Posted November 6th, 2015 in appeals, press releases, rape, sentencing by sally

‘The Court of Appeal today quashed the 6 year sentence given to Exeter rapist Lawrence Fernandes and increased it to 12 years.’

Full press release

Attorney General’s Office, 4th November 2015

Source: www.gov.uk/ago