Beccles rapist to spend longer in prison – Attorney General’s Office
‘The Court of Appeal today increased the unduly lenient sentence handed to rapist Martin Tom.’
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
‘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
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
‘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
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
‘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.’
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
‘In a landmark case, a driver has been jailed after another car’s dashboard camera filmed his dangerous overtaking manoeuvres.’
Daily Telegraph, 3rd December 2015
Source: www.telegraph.co.uk
Islamist extremist’s wife and children win citizenship battle – BBC News
‘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.’
BBC News, 3rd December 2015
Source: www.bbc.co.uk
Outdated inheritance tax too toxic to save, says thinktank – The Guardian
‘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.’
The Guardian, 4th December 2015
Source: www.guardian.co.uk
Primark breastfeeding claim mother avoids jail ‘by a whisker’ – The Guardian
‘Judge gives suspended sentence to Caroline Starmer, who lied about security guard taking baby from her while she fed.’
The Guardian, 3rd December 2015
Source: www.guardian.co.uk
Transgender woman who was sent to male prison is freed – The Guardian
‘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.’
The Guardian, 3rd December 2015
Source: www.guardian.co.uk
Courts – Written statement to Parliament – Ministry of Justice
‘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.’
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
‘The criminal courts charge is to be scrapped, Justice Secretary Michael Gove has announced.’
BBC News, 3rd December 2015
Source: www.bbc.co.uk
Acts and Omissions of Returning Officer – Local Government Law
‘The two issues raised by the Local Government Election Petition in Baxter v Fear [2015] EWHC 3136 (QB) were described by the Court as “important and novel”.’
Local Government Law, 3rd December 2015
Ownership Rights of a Highway Authority – Local Government Law
‘What one might call the “normal” or “traditional” ownership rights of a highway authority lay at the heart of the dispute in Southwark LBC v Transport for London [2015] EWHC 3448 (Ch).’
Local Government Law, 3rd December 2015
Bank fined after outsourcing faults led to improper money transfers and exposure to financial risk – OUT-LAW.com
‘The Prudential Regulatory Authority (PRA) has fined a bank more than £1 million after finding that faults with its outsourcing arrangements helped rogue employees at a third party service provider to move money out of its bank accounts without its knowledge or consent and put the bank’s own financial health at risk.’
OUT-LAW.com, 2nd December 2015
Source: www.out-law.com
E-Privacy Goes Mobile – Panopticon
‘Although most readers of this blog will be familiar, to some extent, with the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“PECR”), they are a rarely sighted beast in the reported jurisprudence. Panopticon is aware of individual damages claims brought in the County Courts for small sums, but even they are few and far between.’
Panopticon, 2nd December 2015
Source: www.panopticonblog.com
Making new criminal offences – Ministry of Justice
‘This guidance is for officials who may be considering creating new criminal offences or amending existing criminal offences.’
Ministry of Justice, 2nd December 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
Court of Appeal rules third-party capture insurer still has to pay solicitors’ costs – Litigation Futures
‘The Court of Appeal has made a major strike against the practice of third-party capture by ordering an insurance company that settled personal injury claims directly with the clients of a law firm to pay the solicitors the costs they would have earned.’
Litigation Futures, 3rd December 2015
Source: www.litigationfutures.com
