Politicians have a human right to sound racist, says equalities watchdog – Daily Telegraph

‘Equality and Human Rights Commission upholds right to publish Mohammed cartoons but not to teach that gay people will ‘burn in Hell’.’

Full story

Daily Telegraph, 4th February 2015

Source: www.telegraph.co.uk

Legal aid providers “trying to innovate” but destablised by cuts – Legal Futures

Posted February 4th, 2015 in budgets, case management, law centres, law firms, legal aid, legal services, news by sally

‘More than a third of advice agencies that have so far implemented charging for legal services appear to have done so sustainably, a survey of post-LASPO innovations has found.’

Full story

Legal Futures, 3rd February 2015

Source: www.legalfutures.co.uk

Relatives of road death victims get ‘poor’ service from prosecutors – Daily Telegraph

Posted February 4th, 2015 in accidents, dangerous driving, news, road traffic, road traffic offences, victims by sally

‘Report calls for wide range of improvements to the way the Crown Prosecution Service handles the prosecution of offenders who cause death on the roads.’

Full story

Daily Telegraph, 4th February 2015

Source: www.telegraph.co.uk

London student jailed over Isis terror plot – The Guardian

‘A radical Muslim student who wanted the black flag of the Islamic State (Isis) to fly over Downing Street has been jailed for three and a half years after being found guilty of planning to join rebel forces in Syria.’

Full story

The Guardian, 3rd February 2015

Source: www.guardian.co.uk

Motorist sentenced to 14 months after driving wrong way around M25 – The Guardian

Posted February 4th, 2015 in accidents, dangerous driving, news, road traffic offences, sentencing by sally

‘A motorist drove the wrong way for nine miles down major roads including Britain’s busiest motorway.’

Full story

The Guardian, 3rd February 2015

Source: www.guardian.co.uk

Can you stop a paedophile before they even start? – BBC News

‘Between 1-2% of men are thought to be paedophiles. Some become dangerous criminals preying on children, while others never act on their feelings. However views are divided on how and when to intervene in order to protect children.’

Full story

BBC News, 4th February 2015

Source: www.bbc.co.uk

Margate ‘potato masher attacker’ Mariusz Dobkowski who befriended elderly man before beating him almost to death is jailed for life – The Independent

‘A young man who befriended an elderly gentleman at a bus stop before following him home and beating him with a potato masher and a poker has been sentenced to life in jail.’

Full story

The Independent, 3rd February 2015

Source: www.independent.co.uk

ASA bans advert implying vitamin pills could help women conceive – The Guardian

Posted February 4th, 2015 in advertising, complaints, consumer protection, food, health, news, pregnancy, regulations by sally

‘An advert for a vitamin supplement designed for women trying to conceive has been banned after the regulator ruled there was no proof that the product could increase the likelihood of pregnancy.’

Full story

The Guardian, 4th February 2015

Source: www.guardian.co.uk

School exclusion revised guidance withdrawn after legal action threat – The Guardian

Posted February 3rd, 2015 in complaints, education, news, school exclusions by sally

‘The government has been forced into an embarrassing climbdown on school exclusions just weeks after introducing new guidelines to headteachers aimed at toughening up discipline in schools.’

Full story

The Guardian, 3rd February 2015

Source: www.guardian.co.uk

Topshop ordered to pay Rihanna’s legal costs – Daily Telegraph

Posted February 3rd, 2015 in appeals, costs, intellectual property, misrepresentation, news by sally

‘Topshop has been ordered to pay pop star Rihanna’s legal costs following their multi-million pound battle over a T-shirt. The high-street store lost the dispute when both the High Court and Court of Appeal declared Topshop had used her image unlawfully on a “tank” sleeveless T-shirt sold to thousands of fans.’

Full story

Daily Telegraph, 3rd February 2015

Source: www.telegraph.co.uk

Student David Souaan jailed after trying to join Isil in Syria – Daily Telegraph

Posted February 3rd, 2015 in news, proscribed organisations, sentencing, terrorism, young persons by sally

‘A radical Muslim student who wanted the black flag of the Islamic State to fly over Downing Street has been jailed for three-and-a-half years after being found guilty of planning to join rebel forces in Syria.’

Full story

Daily Telegraph, 3rd February 2015

Source: www.telegraph.co.uk

British courts can impose whole-life prison sentences – BBC News

Posted February 3rd, 2015 in human rights, news, sentencing by sally

‘British courts do have the right to impose whole-life tariffs on prisoners who are jailed for life, the European Court of Human Rights has ruled.’

Full story

BBC News, 3rd February 2015

Source: www.bbc.co.uk

Court of Appeal: conditional fee agreement with consumer unenforceable if notice of right to cancel not given – OUT-LAW.com

Posted February 3rd, 2015 in appeals, consumer protection, contracts, fees, news by sally

‘A conditional fee agreement (CFA) that was signed at a client’s home, rather than at the lawyer’s office, was unenforceable because the client had not been given notice of her right to cancel, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 3rd February 2015

Source: www.outlaw.com

Foreign nationals who pose a threat to national security may not be deported to Algeria because of human rights – Court of Appeal – UK Human Rights Blog

Posted February 3rd, 2015 in appeals, deportation, human rights, news by sally

‘BB, PP, U and others v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015). This was an appeal by Algerian nationals who had been found by the Special Immigration and Appeals Commission (SIAC) to constitute a threat to UK national security, against deportation to Algeria.’

Full story

UK Human Rights Blog, 2nd February 2015

Source: www.ukhumanrightsblog.com

Rehabilitation code “needs to deliver faster results” – Litigation Futures

Posted February 3rd, 2015 in codes of practice, delay, mental health, news, personal injuries, rehabilitation by sally

‘There should be tight deadlines on all parties to an injury claim – solicitors, insurers and rehabilitation providers – to ensure that rehabilitation achieves as much as it can, according to one well-known rehabilitation case management company.’

Full story

Litigation Futures, 3rd February 2015

Source: www.litigationfutures.com

Authorisation to Practise process now open – Bar Standards Board

Posted February 3rd, 2015 in barristers, press releases by sally

‘The annual Authorisation to Practise process has now opened, featuring a new method for calculating a barristers’ Practising Certificate Fee (PCF). Barristers have until 31 March 2015 to renew their practising certificates, which is a compulsory part of the Authorisation to Practise process.’

Full press release

Bar Standards Board, 2nd February 2015

Source: www.barstandardsboard.org.uk

Speaking to witnesses at court: consultation – Attorney General’s Office

‘We are committed to giving an excellent service to all victims and witnesses who attend court as part of our overall commitment to support victims and witnesses effectively throughout their time in the criminal justice system. The aim of this consultation is to ask for responses to the draft guidance which sets out the role played by prosecutors at or before court in ensuring that witnesses give their best evidence. This is a core part of the prosecutor’s job and will, if done properly, impact positively on both the quality of the witness’s evidence in court and the perception of the service they receive from us.’

Full consultation

Attorney General’s Office, 19th January 2015

Source: www.gov.uk/ago

Ealing London Borough Council and others v Notting Hill Housing Trust and another – WLR Daily

Posted February 3rd, 2015 in council tax, evidence, housing, law reports, local government, regulations by sally

Ealing London Borough Council and others v Notting Hill Housing Trust and another;[2015] EWHC 161 (Admin); [2015] WLR (D) 37

‘Article 3 of the Council Tax (Exempt Dwellings) Order 1992 provided that a dwelling was an exempt dwelling for the purposes of section 4 of the Local Government Finance Act 1992 if it fell into Class B: “a dwelling owned by a body established for charitable purposes only, which is unoccupied and has been so for a period of less than sixmonths since the last occupation day, and was last occupied in furtherance of the objects of the charity”. When seeking exemption from council tax under that provision applicants were required to provide sufficient evidence to show that those conditions were satisfied.’

WLR Daily, 29th January 2015

Source: www.iclr.co.uk

Edwards v Kumarasamy – WLR Daily

Posted February 3rd, 2015 in appeals, covenants, landlord & tenant, law reports, repairs by sally

Edwards v Kumarasamy; [2015] EWCA Civ 20; [2015] WLR (D) 40

‘A tenant was not required to give notice of a defect to a landlord for the latter to be liable under section 11(1A) of the Landlord and Tenant Act 1985 for injury or loss to the tenant resulting from the failure of the landlord to keep in repair any part of the building in which the landlord had an interest.’

WLR Daily, 28th January 2015

Source: www.iclr.co.uk

In re S-W (Children) (Care Proceedings: Case Management Hearing) – WLR Daily

Posted February 3rd, 2015 in appeals, care orders, case management, children, law reports by sally

In re S-W (Children) (Care Proceedings: Case Management Hearing): [2015] EWCA Civ 27; [2015] WLR (D) 38

‘It would not be appropriate in care proceedings to dispose of a case at the case management hearing where there remained any significant issue as to threshold, assessment, or placement; nor could it ever be appropriate where the children’s guardian had not at least had an opportunity of seeing the child or children in question and to prepare a case analysis. Where, unusually, a case was to be disposed of at that hearing adequate notice had to be given to the parties; reluctance on the part of the parents or the children’s guardian would ordinarily be fatal. Furthermore a care order should not be made without some reasons or a judgment, no matter how concise, noting the available options, the positions of the parties and confirming that the outcome for the child was in his or her best interests and was proportionate.’

WLR Daily, 30th January 2015

Source: www.iclr.co.uk