Sentencing sexual offenders – a lost opportunity? – Halsbury’s Law Exchange

Posted December 19th, 2013 in news, sentencing, sexual grooming, sexual offences, victims by sally

‘The Sentencing Council has issued a new Guideline in relation to sexual offences this month. The aim: “to help ensure appropriate and consistent sentences for sex offenders”, says the accompanying press release.’

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Halsbury’s Law Exchange, 18th December 2013

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 19th, 2013 in legislation by sally

The Taxation of Regulatory Capital Securities Regulations 2013

The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013

The Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2013

The Civil Legal Aid (Merits Criteria) (Amendment) (No. 3) Regulations 2013

The Financial Services and Markets Act 2000 (Designated Consumer Bodies) Order 2013

The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013

The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013

The Air Navigation (Amendment) Order 2013

The Territorial Sea (Limits) (Amendment) Order 2013

The Fishery Limits (Revocation) Order 2013

The Continental Shelf (Designation of Areas) Order 2013

The Exclusive Economic Zone Order 2013

The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2013

The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

The Merchant Shipping (Prevention of Pollution) (Limits) (Revocation) Regulations 2013

The Infrastructure Planning (Business or Commercial Projects) Regulations 2013

The HGV Road User Levy (HMRC Information Gateway) Regulations 2013

Source: www.legislation.gov.uk

AA (Somalia) v Entry Clearance Officer – WLR Daily

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81;   [2013] WLR (D)  499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013

Source: www.iclr.co.uk

In re London Scottish Finance Ltd; Jack and another v Craig and others – WLR Daily

Posted December 19th, 2013 in agreements, consumer credit, law reports by sally

In re  London Scottish Finance Ltd; Jack and another v Craig and others [2013] EWHC 4047 (Ch);   [2013] WLR (D)  498

‘For the purposes of section 106(d) of the Consumer Act 1974 the words “realisation of the security” should be interpreted conventionally so as to achieve the policy objective stated in section 113(1) that the security provided in relation to a regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In the case of a secured loan to which section 106(d) applied, its provisions did not catch all sums paid by the debtor in discharge of the loan.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Regina v Williams (Dean Arthur) – WLR Daily

Regina v Williams (Dean Arthur): [2013] WLR (D)  497

‘For the purposes of establishing the defence of diminished responsibility, the concept of mental responsibility, within section 2(1) of the Homicide Act 1957, described the extent to which a person’s acts were the choice of a free and rational mind.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 19th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Buzzoni & Ors v Revenue & Customs, Re the Estate of Lia Kamhi (Deceased)) [2013] EWCA Civ 1684 (19 December 2013)

7722656 Canada Inc & Anor v The Financial Conduct Authority [2013] EWCA Civ 1662 (19 December 2013)

Khan v Royal Mail Group Ltd & Ors [2013] EWCA Civ 1659 (19 December 2013)

John Mander Pension Scheme Trustees Ltd v Revenue & Customs [2013] EWCA Civ 1683 (19 December 2013)

Flanagan & Anor v Greenbanks Ltd (t/a Lazenby Insulation) [2013] EWCA Civ 1702 (19 December 2013)

Lindsay v London School of Economics and Political Science [2013] EWCA Civ 1650 (18 December 2013)

J (Child) [2013] EWCA Civ 1685 (18 December 2013)

Champion, R (On the Application Of) v North Norfolk District Council & Ors (Rev 1) [2013] EWCA Civ 1657 (18 December 2013)

Bristol Alliance Nominee No 1 & Ors v Bennett & Ors [2013] EWCA Civ 1626 (18 December 2013)

Court of Appeal (Criminal Division)

Kwaik, R. v [2013] EWCA Crim 2397 (19 December 2013)

Smith, R. v [2013] EWCA Crim 2388 (18 December 2013)

High Court (Administrative Court)

Sienkiewicz, R (On the Application Of) v South Somerset District Council & Anor [2013] EWHC 4090 (Admin) (19) December 2013)

High Court (Chancery Division)

Patley Wood Farm Llp v Brake & Anor [2013] EWHC 4035 (Ch) (18 December 2013)

Seakom Ltd & Anor v Knowledgepool Group Ltd [2013] EWHC 4007 (Ch) (18 December 2013)

Storm Funding Ltd, Re [2013] EWHC 4019 (Ch) (18 December 2013)

High Court (Commercial Court)

Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm) (18 December 2013)

High Court (Queen’s Bench Division)

Hall v The Ministry of Defence [2013] EWHC 4092 (QB) (19 December 2013)

Flood v Times Newspapers Ltd [2013] EWHC 4075 (QB) (19 December 2013)

Pike & Anor v The Indian Hotels Company Ltd [2013] EWHC 4096 (QB) (19 December 2013)

Kneafsey & Ors v Independent Television News Ltd & Ors [2013] EWHC 4046 (QB) (19 December 2013)

Brown v Hamid, Re Estate of Ronald Brown Deceased [2013] EWHC 4067 (QB) (19 December 2013)

Fox v Boulter [2013] EWHC 4012 (QB) (18 December 2013)

Ali Shah v North West London Hospital NHS Trust [2013] EWHC 4088 (QB) (18 December 2013)

High Court (Technology and Construction Court)

Venulum Property Investments Ltd v Space Architects Ltd & Ors [2013] EWHC 3948 (TCC) (17 December 2013)

Source: www.bailii.org

 

Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by sally

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

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Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

Children: Private Law Update (December 2013) – Family Law Week

Posted December 19th, 2013 in appeals, children, domestic violence, education, names, news, parental responsibility by sally

‘Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.’

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Family Law Week, 18th December 2013

Source: www.familylawweek.co.uk

Banking reforms become law after getting Royal Assent – BBC News

Posted December 19th, 2013 in banking, bills, crime, financial regulation, news by sally

‘Reforms to the UK banking sector aimed at making it more resilient after the 2008 financial crisis have become law. The Financial Services Bill was given Royal Assent on Wednesday after being approved by Parliament earlier.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Boston double murder: Mehmet Ozen jailed for life – BBC News

Posted December 19th, 2013 in murder, news, sentencing by sally

‘A landlord convicted of two murders after a row over rent has been jailed for life.’

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BBC News, 18th December 2013

Source: www.bbc.co.uk

UK inquiry on rendition and torture to be handed to ISC – The Guardian

Posted December 19th, 2013 in inquiries, intelligence services, news, rendition, select committees, torture by sally

‘The stalled official inquiry into the UK’s involvement in rendition and torture in the years after 9/11 is to be handed to the controversial intelligence and security committee (ISC), the government will announce on Thursday.’

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The Guardian, 18th December 2013

Source: www.guardian.co.uk

Cannabis user who murdered his grandmother jailed for 24 years – The Guardian

Posted December 19th, 2013 in children, drug abuse, families, guilty pleas, murder, news, offensive weapons, sentencing by sally

‘A man who murdered his 84-year-old grandmother by stabbing her 50 times in her bed and then attempted to kill a nine-year-old boy has been told he must serve minimum of 24 years in prison.’

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The Guardian, 18th December 2013

Source: www.guardian.co.uk

Kadan Beaumont murder: Father jailed for life – BBC News

‘A father who claimed the family dog caused fatal injuries to his 11-month-old son has been jailed for life for his murder.’

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BBC News, 18th December 2013

Source: www.bbc.co.uk

The old debate: punish prisoners, or rehabilitate them? – Daily Telegraph

Posted December 19th, 2013 in imprisonment, media, news, prisons, rehabilitation by sally

‘Debates over how to treat prisoners have gone on since imprisonment began: should the prison system leave inmates to fester in cold cells, with punishment and deterrence as the goal of incarceration? Or should it let them wander from classroom to games room, preaching rehabilitation into society as its main aim?’

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Daily Telegraph, 18th December 2013

Source: www.telegraph.co.uk

FGM inquiry launched to uncover reasons for lack of prosecution in UK – The Guardian

Posted December 19th, 2013 in child abuse, crime, female genital mutilation, inquiries, news, prosecutions by sally

‘A major inquiry has been launched into female genital mutilation (FGM) to uncover why there has not been a single prosecution in the UK since it was made a criminal offence, and to try to bring an end to the illegal practice.’

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The Guardian, 18th December 2013

Source: www.guardian.co.uk

Theresa Villiers did not break ministerial code report finds – BBC News

Posted December 19th, 2013 in codes of practice, lobbying, ministers' powers and duties, news, reports, transport by sally

‘Northern Ireland Secretary Theresa Villiers did not breach the ministerial code over a meeting with a lobbyist, an internal No 10 report has found. She had faced allegations that, as a transport minister, she failed to declare a meeting with a representative of a firm seeking to build a railway depot in the Hertfordshire green belt. But a report by the Cabinet Secretary Sir Jeremy Heyward has cleared her.’

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BBC News, 18th December 2013

Source: www.bbc.co.uk

Divorced wife ‘cheated out of millions after husband failed to reveal assets’ – Daily Telegraph

Posted December 19th, 2013 in appeals, divorce, evidence, financial provision, news by sally

‘A divorced wife claims her ex-husband misled her about the value of his computer software business to cheat her out of a multi-million-pound settlement. Alison Sharland, 46, says Charles, 53, convinced her to give up her claim to an equal share when they divorced.’

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Daily Telegraph, 18th December 2013

Source: www.telegraph.co.uk

RSPCA hires former CPS lawyer to review its prosecutions policy – Daily Telegraph

Posted December 19th, 2013 in animal cruelty, charities, news, private prosecutions, solicitors by sally

‘The RSPCA has bowed to pressure from MPs and campaigners and hired a senior lawyer to carry out a £50,000 review into its controversial prosecutions policy.’

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Daily Telegraph, 19th December 2013

Source: www.telegraph.co.uk

Lostprophets’ Ian Watkins begins 35-year term for child sex offences – BBC News

‘Paedophile Lostprophets’ singer Ian Watkins is beginning a 35-year sentence for child sex offences, including attempted rape of a baby.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Stephen Bett mileage: IPCC considers Norfolk PCC claim – BBC C News

Posted December 19th, 2013 in complaints, expenses, news, police by sally

‘Mileage claims lodged by a police and crime commissioner are being looked at by the police watchdog.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk