George Galloway launches legal challenge to his election defeat in Bradford West – The Independent

Posted May 11th, 2015 in complaints, elections, news, political parties by sally

‘Former MP George Galloway is to mount a legal challenge against his general election defeat, he has said.’

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The Independent, 11th May 2015

Source: www.independent.co.uk

Michael Gove to proceed with Tories’ plans to scrap human rights act – The Guardian

Posted May 11th, 2015 in bills, human rights, news, political parties, treaties by sally

‘Michael Gove, the new justice secretary, is to press ahead with plans to scrap the Human Rights Act which could see Britain pull out of the European convention on human rights (ECHR) if the reforms are rejected by Strasbourg.’

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The Guardian, 10th May 2015

Source: www.guardian.co.uk

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Regina (Gilbert) v Secretary of State for Justice – WLR Daily

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Millionaire businessman wins gagging order over alleged sex parties – Daily Telegraph

‘A multi-millionaire businessman has won a permanent ban on a former friend and business colleague from exposing details of alleged sex and drugs parties.’

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Daily Telegraph, 7th May 2015

Source: www.telegraph.co.uk

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

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NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

Revised framework document for the National Crime Agency – Home Office

Posted May 8th, 2015 in codes of practice, documents, national crime agency, news by sally

‘This revised framework document replaces the first framework document signed by the Home Secretary and the director general of the National Crime Agency on 15 October 2013.’

Full text

Home Office, 6th May 2015

Source: www.gov.uk/home-office

Student sues Oxford over handling of rape complaints – The Guardian

Posted May 8th, 2015 in complaints, harassment, news, rape, sexual offences, statistics, universities, women by sally

‘A former Oxford student is launching a legal challenge against the university’s policy on investigating complaints of rape and sexual assault. Elizabeth Ramey, who has chosen to waive her right to anonymity, reported an alleged assault in 2011. There was a police investigation but no prosecution followed because of evidential problems.’

Full story

The Guardian, 7th May 2015

Source: www.guardian.co.uk

Housekeeper jailed for stealing antiques and artwork from employer – The Guardian

Posted May 8th, 2015 in employment, fraud, news, sentencing, theft by sally

‘A former showjumper who stole antiques and art including a Picasso sketch and Ben Nicholson painting from a countess while working as her housekeeper has been jailed for three years.’

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The Guardian, 7th May 2015

Source: www.guardian.co.uk

Syrian asylum seekers successfully appeal UK convictions – BBC News

‘Two Syrian asylum seekers who were jailed for arriving in the UK without passports, have successfully appealed against their convictions.’

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BBC News, 7th May 2015

Source: www.bbc.co.uk

M1 crash death driver Ian Walters guilty of murdering wife – BBC News

Posted May 8th, 2015 in domestic violence, married persons, murder, news, sentencing by sally

‘A man accused of murdering his wife by deliberately driving their car into a motorway embankment has been convicted.’

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BBC News, 7th May 2015

Source: www.bbc.co.uk

Mother in legal battle to bear dead daughter’s child – BBC News

Posted May 8th, 2015 in bereavement, children, consent, families, grandparents, news, pregnancy, surrogacy by sally

‘A mother is launching a legal battle for possession of her dead daughter’s frozen eggs so that she can become pregnant with her own grandchild.’

Full story

The Guardian, 8th May 2015

Source: www.guardian.co.uk

Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 7th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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The Court of Appeal and the Birth Family: Making Certain Justice is Seen to be Done – Family Law Week

Posted May 7th, 2015 in adoption, appeals, guardianship, news, parental rights, residence orders by sally

‘David Bedingfield, barrister of 4 Paper Buildings, considers two recent Court of Appeal judgments which had cause to consider the significance of a child’s family ties.’

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Family Law Week, 6th May 2015

Source: www.familylawweek.co.uk

The Law and Parenthood – BBC Unreliable Evidence

Posted May 7th, 2015 in children, news, parental rights by sally

‘In the first of a news series, Clive Anderson and a panel of senior lawyers, judges and other experts discuss how the law balances the sometimes conflicting interests of parents and their children.’

Listen

BBC Unreliable Evidence, 6th May 2015

Source: www.bbc.co.uk

Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Reporting Restrictions in the Criminal Courts – Courts and Tribunals Judiciary

‘A fourth updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, News Media Association (NMA), Society of Editors and the Media Lawyers Association. The new edition covers the new reporting restrictions applying to under 18 year olds, which came into force last month, the Female Genital Mutilation anonymity provisions which came into force this month and other changes relevant to reporting the work of the criminal courts.’

Full story

Courts and Tribunals Judiciary, 6th May 2015

Source: www.judiciary.gov.uk