Father cleared of manslaughter of son who died 12 years after he shook him – The Guardian

Posted August 4th, 2014 in children, grievous bodily harm, homicide, news by sally

‘A man who shook his newborn son, causing catastrophic brain injuries said to have led to the child’s death more than a decade later, has been found not guilty of manslaughter following a landmark trial.’

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The Guardian, 1st August 2014

Source: www.guardian.co.uk

Whiplash assessment report fees cut to tackle fake claims – BBC News

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

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BBC News, 3rd August 2014

Source: www.bbc.co.uk

Legal aid cuts: In the new landscape, it’s the lawyers who could now suffer – The Independent

Posted August 4th, 2014 in barristers, budgets, fees, legal aid, legal profession, news, solicitors by sally

‘Public access work allows barristers to bypass solicitors to gain clients on fixed fees agreed in advance.’

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The Independent, 3rd August 2014

Source: www.independent.co.uk

The death of privacy – The Guardian

‘Google knows what you’re looking for. Facebook knows what you like. Sharing is the norm, and secrecy is out. But what is the psychological and cultural fallout from the end of privacy?’

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The Guardian, 3rd August 2014

Source: www.guardian.co.uk

Rolf Harris challenges indecent assault conviction – BBC News

Posted August 1st, 2014 in appeals, news, sexual offences by sally

‘Entertainer Rolf Harris has applied for permission to appeal against his conviction for indecent assaults, a spokesman for the Judicial Office says.’

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BBC News, 1st August 2014

Source: www.bbc.co.uk

End of the line for mediation? – New Law Journal

Posted August 1st, 2014 in budgets, dispute resolution, families, legal services, news by sally

‘Family mediation services are in decline & in need of urgent reform, says Graham Lyons.’

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New Law Journal, 31st July 2014

Source: www.newlawjournal.co.uk

The Rangers Case and EBTs – RPC Privacy Law

Posted August 1st, 2014 in employment, news, remuneration, sham transactions, trusts by sally

‘On 8 July 2014, the Upper Tribunal (Tax and Chancery Chamber) (UT) handed down its eagerly awaited judgement in HMRC v Murray Group Holdings and Others[1], which concerned an Employee Benefit Trust (EBT) structure. Most readers will know this case as the ‘Rangers Case’, as the facts relate to employees of the Scottish football club as it existed before its liquidation and subsequent purchase.’

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RPC Privacy Law, 31st July 2014

Source: www.rpc.co.uk

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) – WLR Daily

Regina (OP) v Secretary of State for Justice (Just for Kids Law intervening) [2014] EWHC 1944 (Admin); [2014] WLR (D) 348

‘It might be a necessary requirement to provide a full registered (rather than non-registered) intermediary when an individual of special vulnerability, who was in jeopardy by reason of being before the courts upon criminal accusation, came to give evidence, as such a person should be put in the best position to do themselves justice.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone – WLR Daily

Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081; [2014] WLR (D) 350

‘In possession proceedings the court should approach a defence based on disability discrimination under section 15 of the Equality Act 2010 in the same way as it would approach one based on article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Hounga v Allen and another (Anti-Slavery International intervening) – WLR Daily

Hounga v Allen and another (Anti-Slavery International intervening) [2014] UKSC 47; [2014] WLR (D) 353

‘A claim for the statutory tort of discrimination in relation to dismissal by an employee who had entered the United Kingdom illegally was not barred by the defence of illegality in circumstances where the application of the defence would be an affront to the public policy of protecting the victims of human trafficking.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Wiggins v Regent Wealth Ltd and others – WLR Daily

Wiggins v Regent Wealth Ltd and others [2014] EWCA Civ 1078; [2014] WLR (D) 352

‘Section 2 of the Leasehold Reform, Housing and Urban Development Act 1993 did not permit exercise of a right to collective enfranchisement in relation to leasehold interests which were not in existence at the date of service of the initial notice under section 13 of the Act, and paragraph 15(2)(b) of Schedule 3 to the Act did not confer power on the court to permit amendment of the initial notice to specify such interests.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service – WLR Daily

Posted August 1st, 2014 in EC law, health, law reports, news, public procurement, Scotland, tenders by sally

Healthcare at Home Ltd v Common Services Agency for the Scottish Health Service [2014] UKSC 49; [2014] WLR (D) 351

‘On a challenge by an unsuccessful tenderer for a public contract, the question whether the published criteria for the award of the contract had been sufficiently clear was to be determined by the court applying an objective legal standard by reference to a reasonably well informed and diligent tenderer and did not depend on the evidence of witnesses as to how they had understood the document.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted August 1st, 2014 in benefits, council tax, domicile, law reports, local government, news, ultra vires by sally

Regina (Winder and others) v Sandwell Metropolitan Borough Council (Equality and Human Rights Commission intervening) [2014] EWHC 2617 (Admin); [2014] WLR (D) 349

‘The provisions of the Local Government Finance Act 1992 did not empower a billing authority for an area to impose a condition of residence on individuals seeking to utilise a council tax reduction scheme created under section 13A(2) of the Act.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

Employment tribunal cases drop significantly, but claims that go forward tend to be more expensive, says expert – OUT-LAW.com

Posted August 1st, 2014 in employment tribunals, fees, news, statistics by sally

‘The number of claims referred to employment tribunals may have dropped by as much as 79% in the year since fees were introduced, according to figures produced for the Trade Unions Congress (TUC).’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

School’s out? Peers ask Government to use summer holidays to reflect on controversial judicial review reforms – UK Human Rights Blog

Posted August 1st, 2014 in bills, costs, judicial review, news, parliament by sally

‘As the House of Lords closes its gilded doors for the long recess, the Westminster village enters its equivalent of the school holidays. Yet, as Ministers pack their red boxes and MPs head diligently back to their constituency business, the House of Lords – debating the Committee Stage of controversial judicial review proposals in Part 4 of the Criminal Justice and Courts Bill – may have suggested that officials and Ministers yet have some homework to do.’

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UK Human Rights Blog, 1st August 2014

Source: www.ukhumanrightsblog.com

Top London school’s ‘serious failings’ over paedophile teacher William Vahey – Daily Telegraph

Posted August 1st, 2014 in child abuse, complaints, news, school children, sexual offences, teachers by sally

‘Southbank International, a £25,000-a-year private school failed to adequately address concerns raised internally about the 64-year old American, according to a review.’

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Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Planning inspector dismisses developer’s appeal against affordable housing requirement – OUT-LAW.com

Posted August 1st, 2014 in appeals, housing, news, planning by sally

‘A planning inspector has dismissed a developer’s appeal to have the affordable housing requirement removed from a planning obligation, under a procedure introduced by the Growth and Infrastructure Act.’

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OUT-LAW.com, 31st July 2014

Source: www.out-law.com

Open justice and freedom of information – Court of Appeal judgment in Browning – Panopticon

Posted August 1st, 2014 in closed material, evidence, freedom of information, news, tribunals by sally

‘Last month I penned a post on the issue of how the principle of natural justice can be reconciled with the use of closed procedures in FOIA appeals. The post was written against the backdrop of the Court of Appeal hearing of the appeal in the Browning case. Today the Court of Appeal has handed down its judgment. Mr Browning’s appeal was dismissed.’

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Panopticon, 30th July 2014

Source: www.panopticonblog.com

Barrister led ABS: too much to take on? – The Future of Law

Posted August 1st, 2014 in alternative business structures, barristers, legal services, news by sally

‘There is a mystique to the Bar of England and Wales, designed to present a timeless image of legal practitioners. Working in rabbit warrens around the Temple, wearing robes and a horsehair wig, and dealing with only the highest levels of legal thought, it is a façade that conceals some very radical ambitions for change.’

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The Future of Law, 31st July 2014

Source: www.futureoflaw.lexisnexis.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

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The Independent, 1st August 2014

Source: www.independent.co.uk