BAILII: Recent Decisons

Posted November 26th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Oboh & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1525 (25 November 2013)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWCA Civ 1515 (25 November 2013)

High Court (Queen’s Bench Division)

Croesus Financial Services Ltd v Bradshaw & Anor [2013] EWHC 3685 (QB) (25 November 2013)

Source: www.bailii.org

What’s mine is mine… – New Law Journal

Posted November 26th, 2013 in cohabitation, divorce, financial provision, news by sally

‘Ed Heaton explores the rights of cohabitants.’

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New Law Journal, 22nd November 2013

Source: www.newlawjournal.co.uk

MoJ data shows black offenders more likely to be jailed – Law Society’s Gazette

Posted November 26th, 2013 in imprisonment, news, race discrimination, sentencing, statistics by sally

‘Black people are more likely to be charged and sent to prison than white people – and to receive longer custodial sentences, according to official Ministry of Justice statistics.’

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Law Society’s Gazette, 25th November 2013

Source: www.lawgazette.co.uk

Clare’s Law: is it just a sticking plaster on a far more serious problem? – Daily Telegraph

Posted November 26th, 2013 in domestic violence, legislation, news, victims by sally

‘The new legislation is supposed to protect victims of domestic violence, but will it really help? Olivia Goldhill interviews domestic violence charity NIA to find out how much Clare’s Law can help prevent abuse.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent

Posted November 26th, 2013 in appeals, asylum, demonstrations, deportation, detention, immigration, news by sally

‘A man who is “close to death” after being on hunger strike in immigration detention for three months could be sent back to Nigeria on Wednesday after his case failed in the Court of Appeal.’

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The Independent, 25th November 2013

Source: www.independent.co.uk

Surgeon struck off for lying about removing brain tumour – Daily Telegraph

Posted November 26th, 2013 in disciplinary procedures, disqualification, doctors, news, professional conduct by sally

‘A neurosurgeon who falsely told a woman he had removed her brain tumour, and then tried to cover up his lie, has been struck off.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

High Court moves to hotel room as frail father sues sons – The Independent

Posted November 26th, 2013 in courts, families, hotels, news, trusts by sally

‘The barristers removed their wigs and gowns, the judge presided over the hearing in a suit and the usual wood-panelled backdrop was replaced with a conference suite when the High Court moved to a luxury London hotel yesterday. The unusual venue was granted for an extraordinary feud involving members of the Singh family, the owners of part of the Radisson Blu hotel chain.’

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The Independent, 26th November 2013

Source: www.independent.co.uk

One in 10 women have been forced into sex against their will, Lancet study says – The Guardian

Posted November 26th, 2013 in consent, news, rape, reports, women by sally

‘One in 10 women in Britain admit they have been forced into having sex against their will, the most comprehensive survey of Britons’ sexual behaviour for decade reveals today, prompting a warning from researchers that sexual coercion may have become “normalised”. The findings from the third National Survey of Sexual Attitudes and Lifestyles (Natsal) survey, which questioned 15,000 people aged 16 to 74, also show that the proportion of women saying they have been victims of sexual coercion is more than double that of those who say they have been victims of rape.’

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The Guardian, 26th November 2013

Source: www.guardian.co.uk

Child-on-child abuse shocking, children’s commissioner report says – BBC News

Posted November 26th, 2013 in child abuse, children, gangs, inquiries, news, rape, reports, sexual offences, social services by sally

‘ “Shocking” sexual violence is being carried out by children against other children as young as 11, according to an official report. The Office of the Children’s Commissioner for England said the perpetrators could be 12 or 13, and rape is seen as “normal and inevitable” in some areas, especially among gangs.’

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BBC News, 26th November 2013

Source: www.bbc.co.uk

Short jail sentences disrupt criminals’ lives, says top judge – Daily Telegraph

Posted November 26th, 2013 in judges, news, prisons, sentencing by sally

‘A top judge has been criticised for questioning the value of short prison sentences, saying they were ineffective and disrupted criminals’ home lives. Lord Neuberger, president of the Supreme Court, dismissed the idea jail time could help reform criminals and instead said a short stay behind bars could be “disruptive” for the prisoner’s job and family life.’

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Daily Telegraph, 26th November 2013

Source: www.telegraph.co.uk

RBS appoints law firm Clifford Chance to examine small business allegations – The Guardian

Posted November 26th, 2013 in banking, law firms, news, reports, small businesses by sally

‘Royal Bank of Scotland has appointed the law firm Clifford Chance to examine damaging allegations that the bailed-out bank is deliberately wrecking viable small businesses to make a profit. The move came as Sir Andrew Large said in a report commissioned by the bank that RBS had left itself open to accusations of conflict of interest by small firms placed in its restructuring division because of its opaque management structure.’

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The Guardian, 25th November 2013

Source: www.guardian.co.uk

Richard III remains: York v Leicester legal battle to be laid to rest – The Guardian

‘An “unseemly and undignified” legal battle over where the remains of the last Plantagenet king of England, Richard III, should be laid to rest resumes on Tuesday, 528 years after his death and a year after his skeleton was found under a Leicester car park. Richard’s remains are currently in a laboratory at Leicester University.’

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The Guardian, 26th November 2013

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted November 25th, 2013 in parliamentary papers by sally

Better workplace pensions: a consultation on charging, Cm 8737  (PDF)

Government response to the consultation Supporting separated families; securing children’s futures, Cm 8742 (PDF)

European Union finances 2013: statement on the 2013 EU budget and measures to counter fraud and financial mismanagement, Cm 8740 (PDF)

Transforming management of young adults in custody, CM 8733 (PDF)

Reshaping workplace pensions for future generations: public consultation, Cm 8710 (PDF)

Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974: adopted London 1 November 2002, Cm 8760 (PDF)

Partnership and cooperation agreement between the European Union and its member states, of the one part, and the Republic of Iraq, of the other part: Brussels, 11 May 2012, Cm 8753 (PDF)

Source: www.official-documents.gov.uk

Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by sally

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

Full story

UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Man jailed after one million child abuse images discovered – BBC News

‘A pensioner who had more than a million child abuse images and filmed his own attacks on young girls has been jailed for 19 years.’

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BBC News, 25th November 2013

Source: www.bbc.co.uk

Islamic “marriage” ceremony at home declared invalid by Court of Protection – UK Human Rights Blog

Posted November 25th, 2013 in Court of Protection, immigration, learning difficulties, marriage, news by sally

‘A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013].
A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the purpose of seeking to bolster his immigration appeal had engaged in an invalid marriage ceremony.’

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UK Human Rights Blog, 25th November 2013

Source: www.ukhumanrightsblog.com

Payday loan costs cap unveiled by George Osborne – The Guardian

Posted November 25th, 2013 in debts, interest, loans, news by sally

‘George Osborne said the cap on the overall cost of credit was the next logical step as the coalition sought to regulate what had been a wholly unregulated market.’

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The Guardian, 25th November 2013

Source: www.guardian.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by sally

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

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Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

Linking to infringing material may not on its own be an act of copyright infringement, says UK judge – OUT-LAW.com

Posted November 25th, 2013 in copyright, injunctions, internet, media, news by sally

‘Businesses that merely publish a link on their website to copyright infringing material online may not themselves be liable for copyright infringement, a High Court judge has said.’

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OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Loan shark father and son ordered to repay £300k+ in assets – Local Government Lawyer

Posted November 25th, 2013 in assets recovery, gambling, loans, money laundering, news, sentencing by sally

‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’

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Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk