Determined deterrence – what next? – White Collar Crime Blog

Posted December 3rd, 2014 in banking, financial regulation, fines, markets, news, sentencing by sally

‘The FCA’s Penalty Notices in the recent Spot FX Trading Investigation totalling £1.1 Bn set out very careful and thorough explanations of how the respective Penalties have been reached, identifying the relevant guidance and breaches of Principle. In the FCA’s Final Notice for Citibank for example, following the principles and guidance in the FCA’s Decision Procedures and Penalties Manual, the FCA expressly referred to five criteria: the need for “credible deterrence”, the nature, seriousness and impact of the breach, failures to respond adequately as regards conduct against the context of the LIBOR enforcement actions, Citibank’s previous disciplinary record and the discount applicable for settling terms “at an early stage of the Authority’s investigation”.’

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White Collar Crime Blog, 28th November 2014

Source: www.2harecourt.com

Chris Grayling to press ahead with probation service privatisation – The Guardian

Posted December 3rd, 2014 in murder, news, probation, public private partnerships, rehabilitation, trade unions by sally

‘The justice secretary, Chris Grayling, has told MPs he will press ahead with a decision on Wednesday to privatise the probation service, despite renewed public safety concerns and before the outcome of a high court challenge next week.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, alternative business structures, barristers, crime, foreign jurisdictions, inns of court, legal aid, legal education, legal profession, legal services, Legal Services Board, news, pro bono work, regulations, reports, rule of law, solicitors, Solicitors Regulation Authority, speeches by sally

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

LSB approves BSB’s application to regulate entities – Bar Standards Board

Posted December 3rd, 2014 in barristers, fees, legal profession, legal services, Legal Services Board, news, regulations, solicitors by sally

‘The Bar Standards Board (BSB) is pleased to confirm that its application to the Legal Services Board (LSB) to become a regulator of entities – businesses authorised to carry out and provide reserved legal activities – has been approved.’

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Bar Standards Board, 2nd December 2014

Source: www.barstandardsboard.org.uk

Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

Posted December 3rd, 2014 in evidence, fraud, judges, juries, money laundering, national crime agency, negligence, news, trials by sally

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) – Supreme Court

Posted December 3rd, 2014 in damages, housing, landlord & tenant, law reports by sally

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) [2014] UKSC 65 (YouTube)

Supreme Court, 3rd December 2014

Source: www.youtube.com/user/UKSupremeCourt

Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, barristers, employment, families, family courts, foreign jurisdictions, housing, legal aid, legal history, legal profession, legal services, litigants in person, news, pro bono work, regulations, speeches, trials by sally

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law – Speech by Lord Chief Justice

Posted December 3rd, 2014 in assisted suicide, constitutional reform, criminal justice, devolution, disclosure, EC law, electronic mail, judicial appointments commission, judiciary, lord chancellor, parliament, rule of law, select committees, speeches, Supreme Court by sally

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law (PDF)

Speech by Lord Chief Justice

Institute for Government, 1st December 2014

Source: www.judiciary.gov.uk

European court: asking asylum seekers to prove sexuality is breach of human rights – Daily Telegraph

Posted December 3rd, 2014 in asylum, EC law, homosexuality, human rights, news, proof by sally

‘European Court of Justice rules accepting video evidence in asylum cases that hinge on sexuality is a breach of human rights.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Jimmy Mubenga’s final moments acted out before Old Bailey jury – The Guardian

Posted December 3rd, 2014 in aircraft, airports, deportation, homicide, news, police, restraint, trials by sally

‘The wife of an Angolan man who died as he was being deported from the UK broke down in court as a G4S guard described her husband’s last moments.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

109 women prosecuted for false rape claims over the last five years – Daily Telegraph

Posted December 3rd, 2014 in domestic violence, miscarriage of justice, news, perverting the course of justice, prosecutions, rape, whistleblowers, women by sally

‘A number of women who report rapes are being ‘aggressively prosecuted’ by the police for perverting the course of justice, according to campaign group Women Against Rape.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Why do we ignore the mental health aspects of crime? – BBC News

Posted December 3rd, 2014 in crime, homicide, inquests, mental health, murder, news, prisons, suicide, teachers, violence, young offenders by sally

‘When 16-year-old Will Cornick admitted murdering the schoolteacher Ann Maguire, the reaction was one of shock and bewilderment.’

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BBC News, 3rd December 2014

Source: www.bbc.co.uk

Couple launch legal challenge against ban on heterosexual civil partnerships – The Guardian

Posted December 3rd, 2014 in civil partnerships, cohabitation, judicial review, marriage, news, sexual orientation discrimination by sally

‘Rebecca Steinfeld and Charles Keidan launch judicial review after trying to hold ceremony at town hall and being turned away.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Jimmy Savile paedophile scandal has created ‘non-stop’ flow of sex abuse cases, judges tell Chris Grayling – Daily Telegraph

Posted December 3rd, 2014 in BBC, child abuse, hospitals, murder, news, prisons, sexual offences by sally

‘Chris Grayling, the Justice Secretary, says huge spike in sex offence cases since former BBC DJ’s crimes were exposed has put added pressure on prison service.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Rise in racist, religious and homophobic hate crimes in London – The Independent

Posted December 3rd, 2014 in crime, hate crime, homosexuality, London, news, police, racism, religiously aggravated offences, travellers, violence by sally

‘Hate crimes motivated by racism, religion and homophobia have significantly increased in London over the past year, a new report has warned.’

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The Independent, 2nd December 2014

Source: www.independent.co.uk

Weight-loss ad featuring ex-Coronation Street star Denise Welch banned – The Guardian

Posted December 3rd, 2014 in advertising, health, news, obesity, regulations by sally

‘An advert for the weight loss programme LighterLife featuring former Coronation Street and Loose Women star Denise Welch has been banned after the actor lost weight more quickly than regulations deem to be safe.’

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The Guardian, 3rd December 2014

Source: www.guardian.co.uk

John Catt Brighton ‘extremism’ case at Supreme Court – BBC News

Posted December 2nd, 2014 in data protection, news, police, privacy, Supreme Court by sally

‘A decision that a Brighton peace activist’s details can be removed from an extremism database is being challenged in the UK’s highest court.’

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BBC News, 2nd December 2014

Source: www.bbc.co.uk

Regina (Joicey) v Northumberland County Council – WLR Daily

Posted December 2nd, 2014 in disclosure, documents, energy, law reports, local government, noise, planning by sally

Regina (Joicey) v Northumberland County Council [2014] EWHC 3657 (Admin); [2014] WLR (D) 506

‘As in failure to take account of relevant material consideration cases, so also in a case involving a breach of statutory duty to disclose information, relief would be granted unless the decision-maker could demonstrate that the decision in question would inevitably have been the same had the decision-maker acted as he was required to do.’

WLR Daily, 7th November 2014

Source: www.iclr.co.uk

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) – WLR Daily

Posted December 2nd, 2014 in contracts, fraud, gambling, law reports by sally

Ivey v Genting Casinos UK Ltd (trading as Crockfords Club) [2014] EWHC 3394 (QB); [2014] WLR (D) 504

‘The question whether the conduct of a party to a gaming contract amounted to cheating at common law for the purposes of the civil law, thereby breaching an implied term in the contract that the player would not cheat, was to be determined by the court applying an objective standard to the conduct complained of.’

WLR Daily, 8th October 2014

Source: www.iclr.co.uk

Osman and another v Natt and another – WLR Daily

Posted December 2nd, 2014 in appeals, enfranchisement, landlord & tenant, law reports, leases, notification by sally

Osman and another v Natt and another [2014] EWCA Civ 1520; [2014] WLR (D) 505

‘On its proper interpretation the statutory scheme of the Leasehold Reform, Housing and Urban Development Act 1993 required the court to hold that a purported notice under section 13 claiming the right to collective enfranchisement was invalid by virtue of the non-compliance with section 13(3)(e) in failing to identify all the qualifying tenants and to state their addresses in the property. The intention of the legislature as to the consequences of non-compliance with the statutory procedure had to be ascertained in the light of the statutory scheme as a whole.’

WLR Daily, 26th November 2014

Source: www.iclr.co.uk