Colefax v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted July 9th, 2014 in criminal injuries compensation, law reports, time limits by sally

Colefax v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 945; [2014] WLR (D) 296

‘The ordinary meaning of paragraph 18(b) of the Criminal Injuries Compensation Scheme 2008, which provided that a claims officer could waive the two-year time limit, from the date of the relevant incident, for the making of an application for compensation in respect of a criminal injury where, in the particular circumstances of the case, it would not have been reasonable to expect the applicant to have made an application within the two-year period, required the late applicant to show that it was not reasonable to expect him to make any application for compensation within time thereby placing the burden on the late applicant to show that he did not fail to comply with a reasonable expectation that he would pursue his compensation rights in a timely manner.’

WLR Daily, 8th July 2014

Source: www.iclr.co.uk

Judge allows police to break down woman’s door for enforced caesarean – Daily Telegraph

Posted July 9th, 2014 in concealing birth, mental health, news, pregnancy, restraint, social services by sally

‘Pregnant woman has an irrational fear of hospitals but could die in child birth. Her third child was delivered using barbecue tongs and was found severely malnourished’

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Daily Telegraph, 7th July 2014

Source: www.telegraph.co.uk

Court of Appeal: landlord entitled to refuse new lease due to tenant’s failure to allow access – OUT-LAW.com

Posted July 9th, 2014 in covenants, landlord & tenant, leases, news, repairs by sally

‘A landlord was entitled to refuse to grant a new tenancy to a commercial tenant due to that tenant’s “substantial breach” of provisions in the lease allowing the landlord to access and inspect the property regularly, the Court of Appeal in England has said.’

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OUT-LAW.com, 9th July 2014

Source: www.out-law.com

Retrospective legislation that interfered with judicial ruling violated the Convention and the rule of law – UK Human Rights Blog

Posted July 9th, 2014 in human rights, judgments, legislation, news, retrospectivity by sally

‘The High Court has issued a declaration of incompatibility following a successful challenge to the Jobseekers (Back to Work Schemes) Act 2013. The regulations under the Act that sanctioned those who did not participate in unpaid “work for your benefit” schemes by depriving them of an allowance violated the rule of law protected by the Convention and this country’s unwritten constitution. However, the dispute did not engage Article 1 of the First Protocol to the ECHR.’

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UK Human Rights Blog, 8th July 2014

Source: www.ukhumanrightsblog.com

Supreme Court overturns liquidator’s challenge to pre-liquidation security granted over golf club – OUT-LAW.com

Posted July 9th, 2014 in appeals, hotels, liquidators, news, Scotland, Supreme Court by sally

‘A recent decision by the UK’s highest court reinforces how important it is for litigants to succeed in the court of first instance as chances of success on appeal are getting slimmer an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

Alison Hewitt family awarded £130,000 for stalker failings – BBC News

‘A family who endured a “living nightmare” at the hands of a stalker are to receive £130,000 because of Home Office failings.

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BBC News, 8th July 2014

Source: www.bbc.co.uk

Woman fined £1,000 in court for cruelty to rabbit found starving and with overgrown teeth – The Independent

Posted July 9th, 2014 in animal cruelty, fines, news by sally

‘A woman whose neglected rabbit had to be put down after its teeth grew more than two inches out of its mouth has been ordered to pay more than £1,000.’

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The Independent, 8th July 2014

Source: www.independent.co.uk

Could TV Licensing be given power to raid bank accounts? – Daily Telegraph

Posted July 9th, 2014 in BBC, debts, licensing, news by sally

‘HMRC chief Lin Homer indicates proposed powers to raid bank accounts of debtors could be extended to TV Licensing and DVLA, as MPs warn they violate Magna Carta.’

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Daily Telegraph, 8th July 2014

Source: www.telegraph.co.uk

Humberside Police officer pleads guilty to sex assaults – BBC News

‘A former police constable has pleaded guilty to four sexual assaults while serving as an officer in East Yorkshire.’

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BBC News, 8th July 2014

Source: www.bbc.co.uk

Rolf Harris, indecent images and the dangers of the dark net – Halsbury’s Law Exchange

‘News of concern over child abuse on the dark net came within a month of the children’s entertainer and artist Rolf Harris being convicted and sentenced for historic indecent assaults on more than one complainant. The full sentencing remarks are here. Other counts for making indecent images of children were separated and then not pursued. News reports are that paedophilic search terms were entered into his computer which suggests that the searches were done on open sources. It was also reported that Rolf Harris had notes on how to delete the internet history. Paedophilic activity is often cited as a reason to regulate the internet but caution needs to be exercised so as not to lose the essential freedoms that the web was designed to achieve.’

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Halsbury’s Law Exchange, 8th July 2014

Source: www.halsburyslawexchange.co.uk

Questions over choice of Butler-Sloss as head of child abuse allegations inquiry – The Guardian

Posted July 9th, 2014 in child abuse, conflict of interest, inquiries, judges, news, sexual offences by sally

‘The government faced questions on Tuesday over the appointment of a member of the House of Lords as the chair of a public inquiry into “serious failings by public bodies and important institutions” in their handling of allegations of child abuse.’

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The Guardian, 8th July 2014

Source: www.guardian.co.uk

Bookkeeper jailed for stealing £2m to buy property empire – Daily Telegraph

Posted July 9th, 2014 in abuse of position of trust, accountants, fraud, news, sentencing by sally

‘Mirriam Clark is jailed after building up a property empire in England and Zambia and sending her children to private school with stolen money.’

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Daily Telegraph, 7th July 2014

Source: www.telegraph.co.uk

Southampton ‘highly organised’ eBay gang sentenced – BBC News

Posted July 9th, 2014 in handling stolen goods, internet, news, sentencing, theft by sally

‘A group of family members and friends have been jailed for their parts a “highly organised” criminal enterprise selling stolen goods on eBay.’

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BBC News, 8th July 2014

Source: www.bbc.co.uk

NSPCC wants covering up abuse to be criminal offence – BBC News

‘The man leading a review into how the Home Office handled historical allegations of child abuse has said people who cover up such crimes should be prosecuted.’

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BBC News, 9th July 2014

Source: www.bbc.co.uk

Mark Duggan case goes back to court – The Guardian

Posted July 9th, 2014 in appeals, coroners, firearms, inquests, juries, news by sally

‘The mother of Mark Duggan, whose fatal shooting by police in London sparked nationwide riots, is challenging an inquest verdict of lawful killing.’

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The Guardian, 9th July 2014

Source: www.guardian.co.uk

Ex-senior judge Butler-Sloss to head child sex abuse inquiry – BBC News

Posted July 8th, 2014 in child abuse, documents, inquiries, judges, news, parliament, sexual offences by sally

‘Retired senior judge Elizabeth Butler-Sloss, 80, has been named as the chairman of a wide-ranging review into historical child sex abuse.’

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BBC News, 8th July 2014

Source: www.bbc.co.uk

Grayling agrees legal aid truce with barristers over complex fraud trials – The Guardian

Posted July 8th, 2014 in barristers, costs, fees, legal aid, Ministry of Justice, news, trials by sally

‘Barristers and the justice secretary, Chris Grayling, have agreed a temporary truce in a dispute that threatened to halt all complex fraud trials. Amid taunts of a government climbdown, the Ministry of Justice has enforced a 30% cut in legal aid fees for what are known as Very High Cost Cases (VHCC) but agreed to make more generous payments at an earlier stage in court proceedings.’

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The Guardian, 8th July 2014

Source: www.guardian.co.uk

Foreign students in high court bid to complete their UK courses – The Guardian

Posted July 8th, 2014 in education, immigration, news, universities, visas by sally

‘Group who paid £8,500 each to study in London say they are victims of failed deal between Glyndwr University and a private college.’

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The Guardian, 8th July 2014

Source: www.guardian.co.uk

Expert welcomes Court of Appeal’s “more nuanced approach” to granting relief from ‘Mitchell’ sanctions – OUT-LAW.com

Posted July 8th, 2014 in appeals, civil procedure rules, courts, news, proportionality, sanctions by sally

‘Courts should be much more ready to grant relief from sanctions for failure to comply with court orders, practice directions and rules after the Court of Appeal found that the current approach had been “misunderstood and is being misapplied by some courts”, an expert has said.’

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OUT-LAW.com, 8th July 2014

Source: www.out-law.com

District council loses High Court bid to stop DCLG claw back of EU funds – Local Government Lawyer

Posted July 8th, 2014 in advertising, contracts, government departments, local government, news by sally

‘A district council has lost a judicial review challenge over the Communities Secretary’s decision to claw back almost £160,000 in payments made from the European Regional Development Fund.’

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Local Government Lawyer, 7th July 2014

Source: www.localgovernmentlawyer.co.uk