Miscarriages of justice will result from fresh cuts to legal aid budget, say solicitors – The Independent

Posted June 11th, 2015 in budgets, legal aid, miscarriage of justice, news, solicitors by sally

‘Miscarriages of justice will result from fresh cuts to the legal aid budget announced on 10 June, solicitors are warning.’

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The Independent, 10th June 2015

Source: www.independent.co.uk

Boy wins £120,000 damages for narcolepsy caused by swine flu vaccine – The Guardian

Posted June 11th, 2015 in children, damages, disabled persons, health, news, vaccination by sally

‘A 12-year-old boy has been awarded £120,000 by a court that agreed he had been left severely disabled by narcolepsy triggered by the swine flu vaccine, following a three-year battle in which the government had claimed that his illness was not serious enough to merit payment.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

Forced marriage jail first as Cardiff man sentenced – BBC News

Posted June 11th, 2015 in bigamy, forced marriages, news, rape, sentencing, voyeurism by sally

‘A 34-year-old Cardiff man has become the first person in the UK to be prosecuted under forced marriage laws introduced a year ago.’

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BBC News, 10th June 2015

Source: www.bbc.co.uk

Yarl’s Wood holding vulnerable women for too long, say monitors – The Guardian

Posted June 10th, 2015 in detention, immigration, mental health, news, women by sally

‘Yarl’s Wood immigration removal centre is holding vulnerable women for too long in conditions that are causing them serious distress and are not suitable for those with mental health problems, according to a damning independent report.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

Upper Tribunal: Ocean Finance VAT arrangements could stand as not ‘wholly artificial’ – OUT-LAW.com

Posted June 10th, 2015 in advertising, HM Revenue & Customs, news, tax avoidance, tribunals, VAT by sally

‘HM Revenue and Customs (HMRC) should not look beyond the contractual arrangements that govern a company’s structure when establishing liability for VAT unless those arrangements do not reflect “economic and commercial reality”, a tribunal has ruled.’

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OUT-LAW.com, 5th June 2015

Source: www.out-law.com

Surge in number of prisoners killing themselves in solitary confinement revealed by report – The Independent

‘The number of prisoners who take their own lives in solitary confinement has reached a nine-year high with the death toll including a man who hanged himself after officers refused to give him a book, a report has disclosed today.’

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The Independent, 9th June 2015

Source: www.independent.co.uk

MPs to debate assisted dying legislation – The Guardian

Posted June 10th, 2015 in assisted suicide, bills, news, parliament by sally

‘Private member’s bill to adopt Lord Falconer’s draft regulations that would allow terminally ill people the right to die subject to checks by doctors and a judge.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

Animal charities in legal victory against family of elderly donor to get £350k house she ‘left to carer nephew’ – Daily Telegraph

Posted June 10th, 2015 in animals, appeals, charities, documents, news, wills by sally

‘Chiltern Dog Rescue and Redwings Horse Sanctuary win appeal against ruling that man who cared for elderly aunt before she died entitled to home.’

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Daily Telegraph, 9th June 2015

Source: www.telegraph.co.uk

Mother and son missing after custody ruling in Bristol – The Guardian

‘Judge takes exceptional step of lifting reporting restrictions to help find Rebecca and Ethan Minnock and reunite three-year-old with his father.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

Kyle Farrell murder: Farieissia Martin jailed for life – BBC News

Posted June 10th, 2015 in domestic violence, murder, news, sentencing by sally

‘A mother-of-two who fatally stabbed her ex-partner in a row at her Liverpool house has been jailed for life.’

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BBC News, 9th June 2015

Source: www.bbc.co.uk

Stress-testing Schedule 3: cross-border placements and the Court of Protection

‘In Re PA, PB and PC [2015] EWCOP 38, Baker J has conducted a detailed analysis of the jurisdiction of the Court of Protection to recognise and enforce foreign protective measures under Schedule 3 to the Mental Capacity Act (MCA) 2005. That Schedule represents the implementation in English law of obligations contained within the 2000 Hague Convention on the International Protection of Adults (the Convention) (which the United Kingdom has ratified in respect of Scotland, but not England).’

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Halsbury’s Law Exchange, 9th June 2015

Source: www.halsburyslawechange.co.uk

Jean Charles de Menezes: European court to hear human rights challenge – The Guardian

‘The family of Jean Charles de Menezes will challenge the decision not to bring charges over his death at the European court of human rights (ECHR) on Wednesday.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

NSPCC queries High Court judge’s smacking remarks – BBC News

‘Children need to be protected from being physically abused by their parents irrespective of “cultural sensitivities”, a UK charity has said.’

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BBC News, 10th June 2015

Source: www.bbc.co.uk

Owner of dog that killed baby girl is jailed for possessing dangerous animal – The Guardian

‘Th owner of a dog that mauled an 11-month-old girl to death has been jailed for 18 weeks after being found guilty of possessing a dangerous animal.’

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The Guardian, 9th June 2015

Source: www.guardian.co.uk

MoD secretary Yasmin Disney jailed for £100k fraud – The Independent

Posted June 10th, 2015 in armed forces, expenses, fraud, news, sentencing by sally

‘A former MoD secretary who submitted £100,000 in false expenses to buy a sports car and luxury holidays has been jailed for her “spree of dishonesty”.’

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The Independent, 10th June 2015

Source: www.independent.co.uk

Make allowances for immigrants who slap their children, says high court judge – The Guardian

‘Police and social workers should make allowances for immigrants who slap or hit their children when investigating allegations of physical abuse, a high court judge has said.’

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The Guardian, 10th June 2015

Source: www.guardian.co.uk

In re Hartmann Capital Ltd (in special administration) – WLR Daily

Posted June 9th, 2015 in administrators, fees, insolvency, law reports by sally

In re Hartmann Capital Ltd (in special administration); [2015] EWHC 1514 (Ch); [2015] WLR (D) 241

‘As a matter of construction of article 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No 5 and Saving Provisions) Order 2013, which spoke in specific terms of an administrator “appointed pursuant to the provisions of Part II of the [Insolvency] 1986 Act” and a company which had “entered into administration under Part II of the 1986 Act”, administrators appointed pursuant to the Investment Bank Special Administration Regulations 2011 (SI 2011/245) were denied the funding possibilities available to other administrators.’

WLR Daily, 13th May 2015

Source: www.iclr.co.uk

BESTrustees plc v Corbett – WLR Daily

Posted June 9th, 2015 in assignment, debts, law reports, pensions, trusts by sally

BESTrustees plc v Corbett: [2014] EWHC 3038 (Ch); [2015] WLR (D) 242

‘The trustee or manager of a qualifying occupational pension scheme was entitled to assign a debt arising pursuant to section 75 of the Pensions Act 1995.’

WLR DAily, 16th October 2014

Source: www.iclr.co.uk

Dear Occupier – Nearly Legal

Posted June 9th, 2015 in costs, housing, land registration, mortgages, news, rent by sally

‘For reasons that will become clear in this post, rentcharges are a bit of a legal oddity. It has been a new realm for me, but I was intrigued by this case, and wiser members of the NL collective have held my hand as I headed down this particular rabbit hole.’

Full story

Nearly Legal, 8th June 0215

Source: www.nearlylegal.co.uk

Relief from sanctions- Be sensible or be prepared to pay – Zenith PI Blog

Posted June 9th, 2015 in delay, news, sanctions, service, striking out by sally

‘Viridor Waste Management Ltd v Veolia ES Ltd [2015] (unreported)
The Claimant was awarded costs on the indemnity basis when the Defendant had taken unreasonable advantage of the Claimant’s late service of its particulars of claim in the hope of obtaining a windfall strike-out when it was obvious that relief from sanctions was appropriate.’

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Zenith PI Blog, 8th June 0215

Source: www.zenithpi.wordpress.com