Man jailed for trying to strangle his wife: ‘Sorry, I need to get rid of you’ – The Independent

Posted April 28th, 2014 in assault, domestic violence, married persons, news, sentencing by sally

‘A man who attempted to strangle his wife of 10 years while she lay in bed sleeping has been jailed.’

Full story

The Independent, 26th April 2014

Source: www.independent.co.uk

Vulnerable witnesses allowed to give evidence pre-trial – BBC News

‘Vulnerable witnesses can give evidence before a trial starts from Monday as part of a pilot scheme in three Crown Courts in England.’

Full story

BBC News, 28th April 2014

Source: www.bbc.co.uk

Triple killer wins £800 after belongings are damaged in prison move – The Guardian

Posted April 28th, 2014 in compensation, delay, news, ombudsmen, prison officers, prisons by sally

‘A triple killer has won £800 in compensation after some of his belongings, including nose hair clippers, cranberry juice and an alarm clock, were lost or broken in prison.’

Full story

The Guardian, 28th April 2014

Source: www.guardian.co.uk

High Court injunction stops committee from hearing village green application – Local Government Lawyer

Posted April 25th, 2014 in commons, injunctions, local government, news by sally

‘A landowner has secured an injunction preventing a county council – in its role as a commons registration authority – from convening a committee of its councillors to hear an application to register land as a village green.’

Full story

Local Government Lawyer, 25th April 2014

Source: www.localgovernmentlawyer.co.uk

Gender inequality at the senior Bar – The Future of Law

Posted April 25th, 2014 in barristers, equality, judiciary, news, queen's counsel, women by sally

‘On 12 March 2014 Lord Neuberger gave the Rainbow Lecture on Diversity. The lecture concluded with an explicit reference to the duty of all those involved in the legal profession and judiciary to improve the inclusiveness of the legal world.’

Full story

The Future of Law, 24th April 2014

Source: www.futureoflaw.lexisnexis.co.uk

Ignoring the Court of Appeal? – NearlyLegal

‘There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the First Tier Tribunal, apparently on the basis of Mrs Carmichael’s disability, so on grounds of Article 14 read with Art 1 Protocol 1. The Tribunal apparently found that it would be unjustifiable discrimination to impose the bedroom tax.’

Full story

NearlyLegal, 24th April 2014

Source: www.nearlylegal.co.uk

EAT not usually entitled to resolve factual disagreements in UK employment cases, Court of Appeal rules – OUT-LAW.com

Posted April 25th, 2014 in appeals, employment tribunals, news by sally

‘The UK’s Employment Appeal Tribunal (EAT) will not normally be able to resolve factual disagreements between parties involved in an employment dispute without parties’ permission, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 24th April 2014

Source: www.out-law.com

Boy’s ‘campaign of rape’ against nine-year-old sister – BBC News

Posted April 25th, 2014 in incest, news, rape, sentencing, young offenders by sally

‘A teenage boy who carried out a “campaign of rape” against his younger sister has been given a 10-year custodial sentence.’

Full story

BBC News, 24th April 2014

Source: www.bbc.co.uk

Derby baby’s death: Court ‘disempowered’ carers of killed baby boy – BBC News

‘A baby boy who suffered head injuries inflicted by his father was refused a protection order by the courts, a serious case review has found.’

Full story

BBC News, 24th April 2014

Source: www.bbc.co.uk

‘King of Acid’ rave pioneer given five-year sentence for £1.25m bank cyber-fraud scheme – The Independent

Posted April 25th, 2014 in computer crime, conspiracy, news, sentencing, theft by sally

‘In the 1980s, Tony Colston-Hayter was the floppy-haired “King of Acid”, the fresh-faced advocate of the emerging rave scene and feisty battler of tabloid critics who suggested his events were drug-fuelled dens of vice and sin.’

Full story

The Independent, 24th April 2014

Source: www.independent.co.uk

Woman jailed for drunken bite attack while pregnant – Daily Telegraph

Posted April 24th, 2014 in alcohol abuse, assault, news, pregnancy, sentencing by sally

‘Fiona Leonard, who was 20 weeks pregnant, left her victim with permanent scars following the vicious attack at Royal Ascot.’

Full story

Daily Telegraph, 24th April 2014

Source: www.telegraph.co.uk

Family justice reforms to benefit children – Ministry of Justice

Posted April 24th, 2014 in care orders, children, family courts, press releases, time limits by sally

‘The largest family justice reforms for a generation will come into effect today.’

Full press release

Ministry of Justice, 22nd April 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Supreme Court to hold expedited hearing on benefit cap next week – Local Government Lawyer

Posted April 24th, 2014 in appeals, benefits, housing, news, social services, Supreme Court by sally

‘The Supreme Court will next week hold an expedited hearing of a challenge to the Government’s introduction of the controversial “benefit cap”. The case of R on the application of SG and others (previously JS and others) (Appellants) v The Secretary of State for Work and Pensions (Respondents) will be heard over two days on 29-30 April by a panel comprising Lady Hale, Lord Kerr, Lord Reed, Lord Carnwath and Lord Hughes.’

Full story

Local Government Lawyer, 23rd April 2014

Source: www.localgovernmentlawyer.co.uk

Social Investment by Charities – Law Commission

Posted April 24th, 2014 in charities, consultations, Law Commission by sally

‘We are opening a consultation seeking views on changes to the law that governs how charities make social investments. The consultation paper analyses the legal framework, explains the ways in which the law already supports charity trustees and proposes changes that would clarify the way in which charities can use social investments to achieve their charitable aims.’

Full press release

Law Commission, 24th April 2014

Source: www.justice.gov.uk/lawcommission

Relief from sanction and witness statements – The Barristers’ Hub

Posted April 24th, 2014 in case management, civil procedure rules, disclosure, news, sanctions, witnesses by sally

‘The Court of Appeal last week handed down judgment in the case of Chartwell Estate Agents v. Fergies Property & Anor. [2014] E. W. C. A. Civ. 506. It is an important decision for all civil practitioners, as it deals directly with the question of relief from sanction under the modified Rule 3.9 of the Civil Procedure Rules, and mollifies to some extent the (at least perceived) harshness of the rule in Mitchell v. News Group Newspapers [2014] 1 W. L. R. 795 – so much so that the Westlaw service run by respected legal publishers Sweet & Maxwell now state that the Mitchell decision has received “mixed or mildly negative judicial treatment”.’

Full story

The Barristers’ Hub, 23rd April 2014

Source: www.barristershub.co.uk

Travails of the War Horse orchestra – UK Human Rights Blog

Posted April 24th, 2014 in artistic works, contract of employment, human rights, news, redundancy, theatre by sally

‘Ashworth and others v the Royal National Theatre [2014] 1176. Anyone who saw one of the early performances of War Horse in its first season at the National Theatre will remember how profoundly moving was the live music, with the musicians visible along the sides of the theatre above the stage. Since that highly successful (and profitable) first season the role of the orchestra had been radically reduced, and now looks as if it is about to vanish altogether.’

Full story

UK Human Rights Blog, 23rd April 2014

Source: www.ukhumanrightsblog.com

Court of Appeal upholds Honda’s liability for workplace pensions caused by faulty legal documents – OUT-LAW.com

Posted April 24th, 2014 in appeals, documents, employment, news, pensions by sally

‘A recent Court of Appeal decision committing car company Honda to between £47 million and £70m in additional pension scheme benefits due to a mistake in one of the documents is “another lesson in the importance of getting pension scheme documents right”, an expert has said.’

Full story

OUT-LAW.com, 23rd April 2014

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted April 24th, 2014 in legislation by sally

The Education (School Teachers’ Prescribed Qualifications, etc) (Amendment) Order 2014

The Domestic Renewable Heat Incentive Scheme Regulations 2014

Source: www.legislation.gov.uk

In re St Lawrence, Wootton – WLR Daily

Posted April 24th, 2014 in ecclesiastical law, law reports, sale of goods by sally

In re St Lawrence, Wootton: [2014] WLR (D) 176

‘Where disposal of church treasures was contemplated would-be petitioners and chancellors should apply a sequential approach, considering first disposal by loan, and only where that was inapposite, disposal by limited sale; and only where that was inapposite, disposal by outright sale. Chancellors merely needed to decide whether the grounds for sale were sufficiently compelling to outweigh the strong presumption against sale. For the future little weight should normally attach to “separation” of the article from the church as a reason for disposal by sale, and it was doubtful that “separation” would ever, on its own, have sufficient strength to justify sale of a church treasure.’

WLR Daily, 14th April 2014

Source: www.iclr.co.uk

Kaneria v Kaneria and others – WLR Daily

Posted April 24th, 2014 in civil procedure rules, law reports, time limits by sally

Kaneria v Kaneria and others: [2014] EWHC 1165 (Ch); [2014] WLR (D) 177

‘An in-time application for extension of time was not to be treated as if it were an application for relief from sanctions, but was to be judged against the overriding objective rather than CPR r 3.9. When dealing with an in-time application, the court was not to give paramount status to the considerations of enforcing compliance with rules, Practice Directions and orders.’

WLR Daily, 15th April 2014

Source: www.iclr.co.uk