Teacher who hit boy, six, over head with ruler acquitted of assault – Daily Telegraph

Posted December 19th, 2014 in assault, child cruelty, news, school children, teachers by sally

‘Rina Khan walks free from court after being found not guilty of common assault and child cruelty during primary school maths lesson.’

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Daily Telegraph, 18th December 2014

Source: www.telegraph.co.uk

Man jailed over cling film mummification ‘sex death’ – BBC News

Posted December 19th, 2014 in homicide, negligence, news, sentencing by sally

‘A man has been jailed for five years for causing the death of a man covered in cling film during a sex game.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

Some youth offending teams failing to protect at-risk girls, say inspectors – The Guardian

Posted December 19th, 2014 in children, criminal justice, news, police, probation, young offenders by sally

‘Many girls in the criminal justice system are being sexually exploited and some youth offending teams are failing to provide protection for them, independent inspectors have said.’

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The Guardian, 19th December 2014

Source: www.guardian.co.uk

28-day police bail limit proposed for England and Wales – BBC News

Posted December 18th, 2014 in bail, consultations, news, time limits by sally

‘The time people can be put on pre-charge police bail could be limited to 28 days, the home secretary has said.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

Exceptional legal aid funding should not be limited to extreme cases – Court of Appeal – UK Human Rights Blog

Posted December 18th, 2014 in appeals, human rights, immigration, legal aid, news by sally

‘The Court of Appeal has ruled that the Lord Chancellor’s Guidance on exceptional funding in civil legal aid is incompatible with the right of access to justice under Article 6 of the ECHR and Article 47 of the Charter of Fundamental Rights of the European Union. The Court has further decided that this Guidance was not compatible with Article 8 of the ECHR in immigration cases; in other words, that legal aid should not be refused when applicants for entry to the UK seek to argue that refusal of entry would interfere with their right to respect for private and family life.’

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UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

Judicial Review: Case Update – No. 5 Chambers

Posted December 18th, 2014 in costs, dispute resolution, judicial review, news by sally

‘In this paper, I will review two cases from earlier this year. The first case discusses the issue of costs and what may be considered to be an unreasonable refusal to engage in Alternative Dispute Resolution ( ADR) or not. The second case examines the scope and implications of an order that an application for permission to judicial review is totally without merit.’

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No. 5 Chambers, 15th December 2014

Source: www.no5.com

Asset finance in the education sector: the ultra vires predicament – Henderson Chambers

Posted December 18th, 2014 in contracts, education, news, ultra vires by sally

‘The ability of many state schools to enter into lease agreements (often for office equipment such as photocopiers) is limited by statute. Where a school exceeds its statutory power, the agreement will be void and unenforceable by the creditor. This article examines the issue of ultra vires, the consequences and potential remedies for both creditors and schools.’

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Henderson Chambers, 18th December 2014

Source: www.hendersonchambers.co.uk

Settling a taxing point about taxation of settlement agreements – Cloisters

Posted December 18th, 2014 in age discrimination, news, redundancy, taxation, tribunals, unfair dismissal by sally

‘If you are an advisor who only occasionally dabbles with tax issues in settlements for fear of having to delve into murky tax law, take note of a recent decision providing a lucid summary of the relevant principles. The case is also a cautionary tale for claimants challenging tax assessments as the claimant’s unsuccessful challenge before the First-Tier Tax Tribunal (FTT) resulted in a tax bill larger than the one sent to him by HMRC. If Oti-Obhihara [2011] IRLR 386 and Orthet v Vince Cain [2005] ICR 374 ring a distant bell from advising on settlements past, they should now be retuned to the sound of alarm bells as the FTT in Moorthy v HMRC [2014] UKFTT 834 (TC) has doubted their correctness.’

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Cloisters, 12th December 2014

Source: www.cloisters.com

Access To Justice Effective Remedy And Rule Of Law: The Adequacy Of Judicial Review – No. 5 Chambers

‘The ideal judge is a supremely intelligent woman. She is especially empathetic. She has limitless expertise in every field and infinite patience. We can trust her to do right. She is perfect justice. Lets place her on a pedestal.’

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No. 5 Chambers, 16th December 2014

Source: www.no5.com

New domestic abuse law on controlling behaviour unveiled – BBC News

‘A new domestic abuse offence for “coercive and controlling behaviour” within relationships has been announced by the home secretary.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

Man banned from having sex with wife by High Court judge – Daily Telegraph

‘Bangladeshi man claims he has right under his culture to have sex with wife, who has mental age of a child, whenever he pleases and she has no right to refuse.’

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Daily Telegraph, 17th December 2014

Source: www.telegraph.co.uk

The legal confusion over perpendicular parking – BBC News

Posted December 18th, 2014 in news, parking, road traffic offences by sally

‘A Smart car owner has won a year-long battle over a £50 parking ticket given because she parked at a right angle to the kerb. But what is the law, asks Chris Stokel-Walker.’

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BBC News, 17th December 2014

Source: www.bbc.co.uk

ECHR cases won by UK government show flexibility of human rights system – The Guardian

‘Strasbourg human rights court is ready to admit it gets things wrong when presented with good arguments.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

Supreme Court homeless appeals – Law Society’s Gazette

‘Three landmark appeals being heard this week should clarify who is ‘vulnerable’ and entitled to priority rehousing by local authorities.’

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Law Society’s Gazette, 16th December 2014

Source: www.lawgazette.co.uk

Jehovah’s Witnesses, and judicial review being a last resort – UK Human Rights Blog

Posted December 18th, 2014 in charities, data protection, human rights, judicial review, news, proportionality by sally

‘Judicial review is an excellent and flexible remedy, filling the gaps when statutory and other appeals do not provide a remedy for unlawful administrative acts or omissions.’

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UK Human Rights Blog, 17th December 2014

Source: www.ukhumanrightsblog.com

Can offensive use of social media justify a decision to dismiss? – Technology Law Update

Posted December 18th, 2014 in appeals, dismissal, employment, employment tribunals, internet, news by sally

‘Does use by an employee of a personal Twitter account in a way that is “intimidating, racist and anti disability” and “offensive to other groups of people including dentists, caravan drivers, golfers, the A&E department, Newcastle supporters, the police and disabled people” justify a decision to fire?’

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Technology Law Update, 18th December 2014

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

National Crime Agency begins Rotherham abuse inquiry – BBC News

‘The National Crime Agency (NCA) has begun an investigation into child sexual exploitation in Rotherham.’

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BBC News, 18th December 2014

Source: www.bbc.co.uk

Appeal court throws out attack on Bar disciplinary tribunals over time-expired members – Legal Futures

Posted December 18th, 2014 in appeals, barristers, disciplinary procedures, inns of court, news, time limits by sally

‘Anomalies in the appointment of panel members to Bar disciplinary tribunals between 2006 and 2011 did not affect the validity of their findings, the Court of Appeal decided yesterday.’

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Legal Futures, 17th December 2014

Source: www.legalfutures.co.uk

London student faces jail over Isis bid – The Guardian

Posted December 18th, 2014 in firearms, imprisonment, news, terrorism, young persons by sally

‘A student who wanted the black flag of Isis to fly over Downing Street is facing jail after being found guilty of planning to join rebel forces in Syria.’

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The Guardian, 17th December 2014

Source: www.guardian.co.uk

Al Sweady inquiry Q&A: What happened on 14 May 2004? – The Independent

Posted December 18th, 2014 in aggravated vehicle taking, armed forces, inquiries, Iraq, law firms, murder, news by sally

‘Q: What happened on 14 May 2004?

A: The summer of 2004 saw a sharp spike in attacks on Coalition forces by the Mahdi Army militia in southern Iraq. British troops were ambushed at two locations either side of the “Danny Boy” vehicle checkpoint, near Al Amarah. Witnesses said the fighting was particularly fierce and had involved the use of bayonets by British troops for the first time since the Falklands War.’

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The Independent, 17th December 2014

Source: www.independent.co.uk