Did MoD owe marine duty of care? – Law Society’s Gazette

Posted August 4th, 2015 in armed forces, duty of care, news, personal injuries by sally

‘Spencer Vaughan was a Royal Marine taking part in an adventure training exercise in Gran Canaria. On the last day of the trip, his supervisor, Corporal Sanders told Spencer and his colleagues that they were free to do what they wanted until about 1.30pm. While visiting a tourist beach, Vaughan executed a shallow dive into the sea. At trial, he said that he had struck a sand bar. As a result he sustained a fracture of the cervical spine, which resulted in incomplete tetraplegia.’

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Law Society’s Gazette, 3rd August 2015

Source: www.lawgazette.co.uk

The Something Must Be Done Bill, Calais edition – Nearly Legal

Posted August 4th, 2015 in housing, human rights, immigration, landlord & tenant, news by sally

‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
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Nearly Legal, 3rd August 2015

Source: www.nearlylegal.co.uk

Supreme Court: a right to a student loan? – UK Human Rights Blog

Posted August 4th, 2015 in appeals, education, human rights, immigration, news, Supreme Court, universities by sally

‘Ms Tigere is 20. She arrived in the UK from Zambia when she was 6. She did very well at school. In 2013, she applied for a student loan to fund a university place.’

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UK Human Rights Blog, 3rd August 2015

Source: www.out-law.com

Slow off the blocks? BSB regulates fewer firms than expected as ABS launch date slips further – Legal Futures

‘The Bar Standards Board (BSB), which predicted at one point last year that it would authorise 400 firms in 2015, has approved only 32 in its first four months as an entity regulator, it has emerged.’

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Legal Futures, 4th August 2015

Source: www.legalfutures.co.uk

Former City trader Tom Hayes given 14-year sentence for Libor rigging – The Guardian

Posted August 4th, 2015 in banking, conspiracy, fraud, interest, news, sentencing by sally

‘Former City trader Tom Hayes has been sentenced to 14 years in jail after becoming the first person to be convicted by a jury of rigging the Libor interest rate.’

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The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Jailed: Evesham gran stole more than £500,000 from boss – BBC News

Posted August 4th, 2015 in fraud, news, sentencing, theft by sally

‘A “trusted” grandmother has been jailed for three years after stealing more than £500,000 to fund her lifestyle with a younger man.’
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BBC News, 3rd August 2015

Source: www.bbc.co.uk

Revenge porn: ‘We need a second law to stop porn sites escaping justice’ – Daily Telegraph

Posted August 4th, 2015 in burden of proof, civil justice, crime, harassment, internet, news, pornography, victims by sally

‘The Government needs to introduce a second civil law to tackle revenge porn – because the current criminal law does not go far enough to help victims – according to a specialist in the field.’

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Daily Telegraph, 4th August 2015

Source: www.telegraph.co.uk

Girl, 16, given 10-month referral order for attacking two girls in the street – The Guardian

’16-year-old who assaulted two younger girls in a video that was later posted online and seen by millions of people has been given a 10-month referral order.’

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The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Welsh Supreme Court judge ‘should be considered’ – BBC News

Posted August 4th, 2015 in judiciary, news, reports, Supreme Court, Wales by sally

‘Appointing a Welsh justice to the Supreme Court should be considered in the near future, a report has said.’

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BBC News, 4th August 2015

Source: www.bbc.co.uk

Two men jailed for life after shooting woman in attack aimed at her partner – The Guardian

Posted August 4th, 2015 in assisting offenders, conspiracy, murder, news, sentencing by sally

‘Two men have been jailed for life after shooting dead a mother-of-two in an attack that was intended to kill someone else.’

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The Guardian, 3rd August 2015

Source: www.guardian.co.uk

‘Terrorised’ pensioner jailed for having a shotgun in his car – Daily Telegraph

Posted August 3rd, 2015 in elderly, firearms, news, sentencing by sally

‘Judge jails 88-year-old Roy Delph for two years, saying he showed a ‘brazen disregard’ for the gun laws when he was found with a shotgun in his car.’

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Daily Telegraph, 31st July 2015

Source: www.telegraph.co.uk

Billet v Ministry of Defence– Ogden Tables Revisited – Zenith PI Blog

‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’

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Zenith PI Blog, 31st July 2015

Source: www.zenithpi.wordpress.com

The Right to be Forgotten and the County Court – Panopticon

‘The right to be forgotten is beginning to generate some litigation, albeit not yet with any blaze of glory. Following on from the attempt to judicially review the ICO for refusing to try and enforce an individual’s complaint that his data rights were being breached (see here), earlier this week a claimant failed to get his right to be forgotten claim to fly before the Nottingham County Court.’

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Panopticon, 31st July 2015

Source: www.panopticonblog.com

Mothers Confined – Part 2: Time for action – Halsbury’s Law Exchange

It is plain that across the board there is a desire for change in relation to women and criminal justice. Many examples exists of wonderful, creative, worthwhile and even evidently successful projects in relation to diverting women away from custody and improving conditions for women who lose their liberty. Research related to women and criminal justice is ongoing from a range of respected and vociferous advocates such as Women’s Breakout, The Prison Reform Trust, Women in Prison and Halsbury’s Law Exchange to name but a few – many working together to effect change. There is no doubt that evidence and recommendations from each of these respected bodies – and more alongside them – will call for real change, offering genuine educated and reasonable arguments for doing so. However arguably (at least for now), the real “power” lies with the Courts, ergo it is the Courts who need to be at the vanguard of change.

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Halsbury’s Law Exchange, 3rd August 2015

Source: www.halsburyslawexchange.co.uk

Subjective suitability – Nearly Legal

‘At issue in this second appeal from a s.204 appeal was whether it was reasonable for Ms Poshteh to have refused an offer of accommodation. Both parties agreed that the property was objectively suitable. The question then was the second part of the two stage test in Housing Act 1996 section 193(7F):

(7F) The local housing authority shall not –

(a) make a final offer of accommodation under Part 6 for the purposes of subsection (7);

… unless they are satisfied that the accommodation is suitable for the applicant and that it is reasonable for him to accept the offer.”’

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Nearly Legal, 2nd August 2015

Source: www.nearlylegal.co.uk

Two-partner firm succeeds in striking out £8m professional negligence claim – Legal Futures

‘A two-partner central London law firm has succeeded in striking out a professional negligence claim for over £8m.’
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Legal Futures, 3rd August 2015

Source: www.legalfutures.co.uk

Magistrates resign over court charges that encourage innocent to plead guilty – The Guardian

Posted August 3rd, 2015 in benefits, courts, criminal justice, guilty pleas, magistrates, news, penalties by sally

‘Magistrates have begun to resign in protest at punitive court charges of up to £1,200 that they claim can never be collected and encourage the innocent to plead guilty.’
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The Guardian, 31st July 2015

Source: www.guardian.co.uk

Bedroom Tax and separated families – UT again – Nearly Legal

‘The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside.’

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Nearly Legal, 1st August 2015

Source: www.nearlylegal.co.uk

Gillingham and chairman Paul Scally fined £75,000 for ‘race victimisation’ – The Guardian

‘Gillingham and their chairman, Paul Scally, have each been fined £75,000 for “race victimisation” relating to the departure of the striker Mark McCammon in 2011.’

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The Guardian, 31st July 2015

Source: www.guardian.co.uk

PC Neil Doyle killing: Two men guilty of manslaughter – BBC News

Posted August 3rd, 2015 in assault, homicide, news, police by sally

‘Two men have been found guilty of killing an off-duty policeman in an attack during a night out in Liverpool.’

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BBC News, 31st July 2015

Source: www.bbc.co.uk