The Savile Estate Saga – Sovereign Chambers

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

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Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

‘You can’t wear that here’ – OUP Blog

‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’

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OUP Blog, 26th March 2014

Source: www.blog.oup.com

Care Proceedings: The European Dimension – Family Law Week

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

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Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission

‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’

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Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

Supreme Court set to hear latest in series of village green cases – Local Government Lawyer

Posted March 26th, 2014 in appeals, commons, housing, local government, news, Supreme Court by sally

‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’

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Local Government Lawyer, 25th March 2014

Source: www.localgovernmentlawyer.co.uk

Lawrence family lawyer Imran Khan: ‘We see what the state is capable of’ – The Guardian

‘Imran Khan has been routinely portrayed as an anti‑establishment troublemaker. Now, in the wake of the Ellison report on police corruption, he explains how it feels to be vindicated.’

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The Guardian, 25th March 2014

Source: www.guardian.co.uk

Released short term prisoner face another two weeks behind bars if they ignore new supervision – Daily Telegraph

Posted March 26th, 2014 in bills, diversity, magistrates, news, rehabilitation, supervision orders by sally

‘Damian Green, Justice minister, announces new powers for magistrates to ensure new supervision orders are met.’

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Daily Telegraph, 25th March 2014

Source: www.telegraph.co.uk

Cyber-bullies could be given tougher sentences – The Independent

‘The Government today backed tougher laws that could see cyber stalkers imprisoned for up for two years.’

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The Independent, 25th March 2014

Source: www.independent.co.uk

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another [2014] EWCA Civ 312; [2014] WLR (D) 138

‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Delay to the operation of new unified patent court – OUT-LAW.com

Posted March 25th, 2014 in courts, delay, news, patents by sally

‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’

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OUT-LAW.com, 24th March 2014

Source: www.out-law.com

Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer

Posted March 25th, 2014 in confiscation, imprisonment, news, reports, sanctions, select committees by sally

‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’

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Local Government Lawyer, 24th March 2014

Source: www.localgovernmentlawyer.co.uk

Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association

Posted March 25th, 2014 in constitutional law, constitutional reform, EC law, news, referendums by sally

‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’

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UK Constitutional Law Association, 25th March 2014

Source: www.ukconstitutionallaw.org

Judge cites Karl Marx in rejecting law firm’s bid to exit professional indemnity scheme – Legal Futures

Posted March 25th, 2014 in insurance, law firms, legal profession, news by sally

‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’

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Legal Futures, 25th March 2014

Source: www.legalfutures.co.uk

Right to privacy: can we really trust Google Glass? – Halsbury’s Law Exchange

Posted March 25th, 2014 in data protection, EC law, news, photography, privacy, video recordings by sally

‘It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.’

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Halsbury’s Law Exchange, 24th March 2014

Source: www.halsburyslawexchange.co.uk

Paedophile priest Francis Paul Cullen jailed for 15 years – BBC News

Posted March 25th, 2014 in clergy, news, sentencing, sexual offences by sally

‘A priest who sexually assaulted seven children before spending more than two decades on the run in Spain has been jailed.’

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BBC News, 24th March 2014

Source: www.bbc.co.uk

FGM: Top gynaecologist hits out at ‘political’ prosecution for female genital mutilation – The Independent

‘Has the DPP picked the right target for a landmark legal case against a barbaric medical practice? Jeremy Laurance talks to Dr Katrina Erskine.’

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The Independent, 24th March 2014

Source: www.independent.co.uk

Justice Minister Chris Grayling defends prisoner book rules – BBC News

Posted March 25th, 2014 in education, news, prisons, rehabilitation by sally

‘Justice Secretary Chris Grayling says new prison policies are not denying inmates access to books, despite criticisms from high-profile authors.’

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BBC News, 25th March 2014

Source: www.bbc.co.uk

Deepcut soldier’s family allowed to seek new inquest – The Guardian

Posted March 25th, 2014 in armed forces, inquests, news by sally

“The government’s most senior legal adviser has given permission to the family of a young army recruit who died nearly 19 years ago at the notorious Deepcut barracks in Surrey to apply for a new inquest into her death.”

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The Guardian, 25th March 2014

Source: www.guardian.co.uk

Regina v Achogbuo – WLR Daily

‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’

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WLR Daily, 19th March 2014

Source: www.iclr.co.uk