Theresa May to outline anti-extremism plans – BBC News

Posted December 4th, 2013 in charities, consultations, incitement, internet, news, terrorism by sally

‘Home Secretary Theresa May is due to set out measures to tackle extremism after recommendations from a taskforce set up by the prime minister.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

Charity Commission ‘not fit for purpose’, says Margaret Hodge – The Guardian

‘Margaret Hodge has described the Charity Commission as not “fit for purpose” after a highly critical report warned that its failure to investigate fraud and abuse was undermining public faith in good causes.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

School abuse victims paid £350,000 by Cardiff council – BBC News

‘Seven men who say they were sexually abused while pupils at a former Cardiff school in the 1960s and 1970s have received about £350,000 in payouts since 2011, BBC Wales has learnt.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

Chambers in scrap with MoJ over reduced rates for Very High Cost Cases – The Lawyer

Posted December 4th, 2013 in barristers, costs, fees, legal aid, Ministry of Justice, news, solicitors by sally

‘A number of high profile criminal sets have clashed with the Ministry of Justice (MoJ) due to its circulation of a list of practitioners who might undertake Very High Cost Cases, which are now subject to reduced rates.’

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The Lawyer, 3rd December 2013

Source: www.thelawyer.com

Tweeters warned about contempt of court – The Guardian

Posted December 4th, 2013 in attorney general, contempt of court, internet, juries, news by sally

‘The attorney general is to begin issuing legal warnings to steer Twitter users away from prejudicial comments that might force trials to be abandoned.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Man who held woman and boy in ‘armed’ Lincoln siege is jailed – BBC News

‘A man who pointed a pistol at police before carrying out a four-hour siege, trapping his estranged wife and a young boy in a flat, has been jailed.’

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BBC News, 3rd December 2013

Source: www.bbc.co.uk

“Forced” C-section case – what we know now – Halsbury’s Law Exchange

‘Reports of a C-section being forcibly carried out on a woman that came to light in the mainstream press this past weekend have quickly made international news.’

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Halsbury’s Law Exchange, 3rd December 2013

Source: www.halsburyslawexchange.co.uk

Young people to be allowed to remain in foster care until age 21 – The Guardian

Posted December 4th, 2013 in budgets, education, fostering, local government, news, pilot schemes, young persons by sally

‘Children and young people brought up by foster carers in England will be allowed to remain with families until they are 21 if they choose to under a new legal duty for councils, ministers will announce on Wednesday.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

Man who stripped naked and stuck a fire extinguisher hose up his bottom in a hotel corridor walks free – The Independent

‘A man who appeared from the storage cupboard of a hotel naked with a fire extinguisher hose up his bottom, has walked free from court.’

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The Independent, 3rd December 2013

Source: www.independent.co.uk

Woman with IQ of 49 ‘was targeted for sham marriage’ – The Independent

‘A young woman with learning difficulties was “deliberately targeted” for a sham marriage to bolster a man’s immigration case, a High Court judge has ruled.’

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The Independent, 3rd December 2013

Source: www.independent.co.uk

Senior judge: European court of human rights undermining democratic process – The Guardian

‘The European court of human rights exceeds its legitimate powers, usurps the role of politicians and “undermines the democratic process”, one of the UK’s most senior judges has warned.’

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The Guardian, 28th November 2013

Source: www.guardian.co.uk

David Partington’s unique take on the Mitchell decision – Sovereign Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news by sally

‘The ramifications of “Plebgate” rumble on, not merely in the corridors of Whitehall and “the Met.” Much more seriously (some would say) it has now impinged into the arena of the “Jackson Reforms” and sanctions for relief against failure to abide by the Civil Procedure Rules in general. Andrew Mitchell MP v News Group Newspapers Limited (citation above) took place in the context of costs budgeting and the failure to provide the necessary budget in time, but it is also an important case with wider implications concerning the approach of the court to failures to comply with orders or directions of the Court or procedures of the CPR post “Jackson”. Many practitioners will be alarmed by the result.’

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Sovereign Chambers, 28th November 2013

Source: www.sovereignchambers.co.uk

The Court of Appeal’s Clear Message on New Costs Regime – Littleton Chambers

Posted December 3rd, 2013 in appeals, budgets, costs, news, solicitors by sally

‘The Master of the Rolls has delivered a unanimous judgment limiting Andrew Mitchell MP’s legal costs in his defamation action against “The Sun” newspaper to his court fees only despite his budget being in excess of £500,000. This is the first time the Court of Appeal has considered sanctions under the new Jackson costs regime and is a sobering lesson for litigators.’

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Littleton Chambers, 27th November 2013

Source: www.littletonchambers.com

Ramifications of the Mitchell Costs Appeal – Hardwicke Chambers

Posted December 3rd, 2013 in appeals, budgets, civil procedure rules, costs, news, solicitors by sally

‘There have been lots of sound bites from today’s costs and CPR compliance judgment dismissing the appeal in Mitchell v News Group Newspapers Limited [2013] EWCA Civ 1526. Other articles will detail the Court’s findings, although I suggest it would be negligent for any civil litigator not to read the entire judgment. It is the most far-reaching decision in civil litigation since the introduction of the CPR in 1999. I plan to analyse the consequences (and unintended consequences) for litigators, the Courts and civil litigation generally. My initial tweet was: “Mitchell costs appeal dismissed. Check your insurance policies litigators. The CPR alligators are coming and this time they’re hungry!” Here are my views, not limited to 140 characters.’

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Hardwicke Chambers, 27th November 2013

Source: www.hardwicke.co.uk

Inheritance Tax Planning and Trusts – New Square Chambers

Posted December 3rd, 2013 in consultations, inheritance tax, news, trusts by sally

‘The Finance Act 2006 introduced significant changes to the Inheritance Tax (IHT) treatment of
trusts with effect from 22 March 2006. The purpose of this paper is to investigate estate planning
opportunities which are still available both (a) during the lifetime of an individual and (b) on death.’

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New Square Chambers, 28th November 2013

Source: www.newsquarechambers.co.uk

Professional Negligence and Purchases of Property in Joint Names – Zenith Chambers

Posted December 3rd, 2013 in cohabitation, conveyancing, negligence, news, trusts by sally

‘The purpose of this article is to consider the increasingly common situation where purchasers buy property in their joint names, subject to an express declaration of trust, and where one party has contributed significantly more towards the purchase price (or may have provided all of the funds for the purchase). The same principles apply whether the purchase is by cohabitees, family members or friends.’

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Zenith Chambers, 27th November 2013

Source: www.zenithchambers.co.uk

Sitting in the garden may be pleasant but it’s no holiday – Hardwicke Chambers

‘For a case about garden leave, the apparently aptly named (the irony comes later) employee was a Mr Holliday. He is a stockbroker. On 5 July 2013 he gave notice to his employers that he was intending to leave to join a competitor. On 10 July 2013 he was placed on garden leave. The contract under which he worked had been amended in 2008. It provided for 12 months garden leave on notice to terminate being given. At the same time, his salary was tripled from £40,000 to £120,000 per year. He had an exit interview on 29 July 2013, the purpose of which was to ensure he understood the conditions of his garden leave.’

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Hardwicke Chambers, 22nd November 2013

Source: www.hardwicke.co.uk

Court of Appeal clarifies “lawsuits pending” in Art 32 of EC Directive 2001/24 on Reorganisation and Winding Up of Credit Institutions – 11 Stone Buildings

Posted December 3rd, 2013 in appeals, EC law, foreign jurisdictions, insolvency, news, winding up by sally

‘In a judgment handed down today (Isis Investments Ltd v Kaupthing Bank h.f. & Elfar Adalsteinsson [2013] EWCA Civ 1493), the Court of Appeal has clarified the meaning and scope of “lawsuits pending” in Article 32 of the EC Directive on the Reorganisation and Winding Up of Credit Institutions (Directive 2001/24/EC). Charles Samek QC who acted for the successful respondent, Mr Adalsteinsson (acting as a representative party on behalf of high net-worth investors) explains the significance of the judgment.’

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11 Stone Buildings, 27th November 2013

Source: www.11sb.com

Legal Aid cuts challenge democratic notion of justice – The Lawyer

Posted December 3rd, 2013 in criminal justice, law firms, legal aid, news by sally

‘New research highlights the impact of Government cuts on lawyers entering criminal practice.’

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The Lawyer, 2nd December 2013

Source: www.thelawyer.com

Radical overhaul of sentencing continues – Ministry of Justice

Posted December 3rd, 2013 in community service, news, penalties, sentencing by sally

‘From this month community sentences will have to include an element of punishment, as the radical overhaul of sentencing continues Justice Secretary Chris Grayling said today.’

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Ministry of Justice, 2nd December 2013

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