Tasers used by police more than 10,000 times last year – Daily Telegraph

Posted October 16th, 2014 in firearms, news, police, statistics by sally

‘New figures show the controversial weapons were drawn or fired 10,488 times in England and Wales in the 12 months to the end of June.’

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Daily Telegraph, 15th October 2014

Source: www.telegraph.co.uk

Cellar slave girl: Salford couple must pay victim £100,000 – BBC News

‘A deaf girl from Pakistan kept as a slave for nine years by a millionaire couple from Salford is to receive £100,000 in compensation.’

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BBC News, 15th October 2014

Source: www.bbc.co.uk

‘Prolific’ thief banned from all London drinking venues for 25 years in first Asbo of its kind – The Independent

Posted October 16th, 2014 in ASBOs, licensed premises, London, news, recidivists, sentencing, theft by sally

‘A man has been banned from every drinking establishment in Greater London for 25 years after admitting numerous thefts.’

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The Independent, 15th October 2014

Source: www.independent.co.uk

Rapes increase by 29% as overall crime falls in England and Wales – BBC News

Posted October 16th, 2014 in crime, news, rape, statistics by sally

‘The number of rapes reported to and recorded by police in England and Wales are at their highest ever level, police figures have shown.’

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BBC News, 16th October 2014

Source: www.bbc.co.uk

Show us your evidence, Society tells MoJ consultation – Law Society’s Gazette

‘The Law Society has urged the Ministry of Justice to release for formal consultation a report on the criminal legal aid market which casts doubt on its controversial reform proposals.’

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Law Society’s Gazette, 14th October 2014

Source: www.lawgazette.co.uk

Judy Finnigan and the danger of belittling rape – Halsbury’s Law Exchange

Posted October 16th, 2014 in media, news, rape, victims, violence by sally

‘The broadcaster Judy Finnigan has been the cynosure of all eyes after ill-considered remarks she made on ITV’s “Loose Women” show on Monday 13 October 2014, when referring to convicted rapist and sometime Wales international and Sheffield United footballer Ched Evans.’

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Halsbury’s Law Exchange, 15th October 2014

Source: www.halsburyslawexchange.co.uk

Court of Appeal fires warning over lengthy skeleton arguments – Litigation Futures

Posted October 16th, 2014 in appeals, courts, delay, news, skeleton arguments by sally

‘Lord Justice Jackson has led the Court of Appeal in issuing a stark warning to advocates over submitting lengthy skeleton arguments, with his fellow judges making it clear that there will be no special treatment of Commercial Court litigation.’

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Litigation Futures, 16th October 2014

Source: www.litigationfutures.com

Judge blasts Southwark Council for evicting Sudanese tenant and destroying all of his possessions – The Independent

Posted October 16th, 2014 in damages, housing, local government, news, repossession by sally

‘Housing officers conspired to unlawfully evict a Sudanese refugee from his council flat and destroy his possessions, including memory sticks holding thousands of hours of work, before then covering up their wrongdoing, a judge has ruled.’

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The Independent, 16th October 2014

Source: www.independent.co.uk

CPS tells George Galloway he faces no charges over ‘Israel-free zone’ speech – The Guardian

Posted October 16th, 2014 in inciting racial hatred, news, prosecutions, speeches by sally

‘George Galloway will not face charges over a speech he made in August declaring Bradford an “Israel-free zone”.’

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The Guardian, 16th October 2014

Source: www.guardian.co.uk

Are juries being blinded by science? – The Guardian

Posted October 15th, 2014 in criminal justice, expert witnesses, forensic science, juries, Law Commission, news by sally

‘Expert witnesses are being subjected to greater scrutiny by the criminal courts, despite the government’s refusal to implement safeguards recommended by its own law reform advisers.’

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The Guardian, 15th October 2014

Source: www.guardian.co.uk

Property gifts in contemplation of death: Donatio mortis causa – Hardwicke Chambers

Posted October 15th, 2014 in animals, charities, gifts, news, wills by sally

‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one –

“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’

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Hardwicke Chambers, 25th September 2014

Source: www.hardwicke.co.uk

To litigate or not to litigate in claims involving wills: practical points for charities – New Square Chambers

Posted October 15th, 2014 in animals, appeals, charities, families, gifts, news, wills by sally

My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.

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New Square Chambers, 2nd October 2014

Source: www.newsquarechambers.co.uk

The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’

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Littleton Chambers, 3rd October 2014

Source: www.littletonchambers.com

Will it be enough? – Zenith Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘The 1st October 2014 sees the implementation of long awaited changes to the way in which intestacy and claims for reasonable financial provision are approached. The Inheritance and Trustees’ Powers Act 2014 is the result of a six year Law Commission review of the intestacy rules and claims for reasonable financial provision. The review was prompted by research that suggested 58% of the adult population does not have a will and the intestacy rules did not properly provide for modern relationships.’

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Zenith Chambers, 1st October 2014

Source: www.zenithchambers.co.uk

Save the date! – New Square Chambers

Posted October 15th, 2014 in families, intestacy, married persons, news, trusts, wills by sally

‘‘Save the Date!’ The Inheritance and Trustees’ Powers Act 2014 comes into force on 1 October 2014. Alexander Learmonth summarises the important changes being brought in by the new Act.’

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New Square Chambers, October 2014

Source: www.newsquarechambers.co.uk

VAT on property transfers and hierarchy clauses: CLP Holding Company – Hardwicke Chambers

Posted October 15th, 2014 in contracts, news, sale of land, VAT by sally

‘Over the summer, the Court of Appeal handed down judgment in the case of CLP Holding Company Ltd v Singh (1) & Kaur (2) [2014] EWCA Civ 1103. The case throws up some useful warnings and reminders about VAT on property transfers, the proper construction of contracts and hierarchy clauses.’

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Hardwicke Chambers, 8th October 2014

Source: www.hardwicke.co.uk

Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014

Source: www.no5.com

Public Access Work For The Young Bar – No. 5 Chambers

Posted October 15th, 2014 in advocacy, barristers, legal profession, news, solicitors by sally

‘“The Times They Are A-Changing” wrote Bob Dylan in 1963. Is public access (PA) a reinvention of the wheel or an opportunity for all lawyers? The work that barristers can now do is utterly different from a decade ago. The growth of McKenzie friends shows the legal landscape has been affected by financial constrictions and widening consumer choice. Solicitors have higher rights of audience and employed barristers can be advocates. Professionals from both sides wonder whether there is still a real difference. The answer currently is that there remain significant differences though the edges are becoming blurred. This article will not examine those differences or likely future of the professions. Instead it offers an insight to how barristers, especially young barristers willing to embrace change, can help their future while continuing to work with solicitors.’

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No. 5 Chambers, 2nd October 2014

Source: www.no5.com

Causes of action in claims against banks for missold swaps: Bailey Trading v Barclays Bank – Hardwicke Chambers

Posted October 15th, 2014 in banking, financial regulation, interest, loans, news by sally

‘Interest Rate Hedging Products (“IRHP”) are financial products that enable the purchaser to limit their exposure to interest rate movements. They are often purchased at the same time as entering into a loan.’

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Hardwicke Chambers, 19th September 2014

Source: www.hardwicke.co.uk

Binning the smoke alarm: Why repealing the Human Rights Act would be the biggest mistake of a generation – Doughty Street Chambers

‘Following plans announced at the Conservative Party’s recent conference to withdraw from the European Convention on Human Rights, Harriet Johnson reminds us why we signed it in the first place, and underlines why it remains such an important safeguard over half a century later.’

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Doughty Street Chambers, 3rd October 2014

Source: www.doughtystreet.co.uk