Deaf and blind man fears losing home over “bedroom tax” as disabled legal challenges mount – The Independent

Posted October 29th, 2013 in benefits, disabled persons, housing, news, social services by sally

“A deaf and blind man who uses his spare bedroom to store braille equipment fears that he could lose his home due to the ‘bedroom tax’ as lawyers warned that the controversial measure is having a discriminatory impact on the disabled.”

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The Independent, 28th October 2013

Source: www.independent.co.uk

Sharon Shoesmith agrees unfair dismissal payout – The Guardian

Posted October 29th, 2013 in compensation, local government, news, social services, unfair dismissal by sally

“Sharon Shoesmith , the former Haringey council children’s services director sacked in the wake of the controversy surrounding the death of Baby P, has agreed a settlement for unfair dismissal with her former employers.”

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The Guardian, 29th October 2013

Source: www.guardian.co.uk

A modern British murder: Vigilante neighbours face jail after convictions over murder of disabled man Bijan Ebrahimi wrongly accused of paedophilia – The Independent

“The two men will be sentenced next month after admitting their roles in the death of the 44-year-old Iranian national, who was described by his family as a ‘caring, loving and unselfish man’. Three police officers have also been suspended as an inquiry continues into how the Avon and Somerset force dealt with Mr Ebrahimi’s requests for help after the abuse began. Six civilian call handlers are set to be questioned by the police complaints watchdog as it investigates whether his cries for help were taken seriously. Bristol City Council, which housed Mr Ebrahimi, has launched its own inquiry into what went wrong.”

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The Independent, 28th October 2013

Source: www.independent.co.uk

Victims of crime get chance to speak in court under new code – BBC News

Posted October 29th, 2013 in codes of practice, news, victims by sally

“Victims of crime in England and Wales are to be given a greater opportunity to speak in courts.”

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BBC News, 29th October 2013

Source: www.bbc.co.uk

Judge bans film of Afghan ‘execution’ by British Marine – The Independent

Posted October 29th, 2013 in appeals, armed forces, courts martial, disclosure, execution, news, video recordings by sally

“Footage showing the alleged execution of an injured Afghan insurgent by a British serviceman will not be released for fear it could spark revenge attacks on troops, a judge has ruled.”

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The Independent, 28th October 2013

Source: www.independent.co.uk

Chris Grayling told to delay probation service privatisation or risk deaths – The Guardian

Posted October 29th, 2013 in contracting out, news, probation, rehabilitation by sally

“Three leading figures in the probation service have warned the justice secretary, Chris Grayling, he must delay his probation service privatisation plan for at least six months or face inevitable protection failures and risks to public safety, the Guardian has learned.”

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The Guardian, 28th October 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 28th, 2013 in legislation by sally

The Building (Amendment No. 2) (Wales) Regulations 2013

The Education (Admission Appeals Arrangements) (Wales) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 28th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Laws-Chapman v R [2013] EWCA Crim 1851 (25 October 2013)

Court of Appeal (Civil Division)

Sharma v Sharma & Ors [2013] EWCA Civ 1287 (25 October 2013)

Lanner Parish Council, R (on the application of) v The Cornwall Council & Anor [2013] EWCA Civ 1290 (25 October 2013)

High Court (Queen’s Bench Division)

Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 (QB) (25 October 2013)

High Court (Administrative Court)

Lewis v Three Rivers District Council [2013] EWHC 3250 (Admin) (24 October 2013)

McCarthy v Visitors to the Inns of Court & Anor [2013] EWHC 3253 (Admin) (25 October 2013)

Ingenious Media Holdings Plc & Anor, R (on the application of) v HM Revenue & Customs [2013] EWHC 3258 (Admin) (25 October 2013)

High Court (Technology and Construction Court)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2013] EWHC 3059 (TCC) (25 October 2013)

Doosan Babcock Ltd & Anor v Comercializadora De Equipos Y Materiales Mabe Limitada [2013] EWHC 3201 (TCC) (24 October 2013)

BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor [2013] EWHC 3183 (TCC) (24 October 2013)

Source: www.bailii.org

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily

Posted October 28th, 2013 in appeals, charterparties, law reports, shipping law by sally

Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA [2013] EWCA Civ 1723; [2013] WLR (D) 406

“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

PGF II SA v OMFS Co 1 Ltd – WLR Daily

PGF II SA v OMFS Co 1 Ltd [2013] EWCA Civ 1288 ; [2013] WLR (D) 405

“As a general rule, complete silence in the face of a serious invitation to consider alternative dispute resolution amounted to unreasonable conduct and the judge in his discretion could impose costs sanctions.”

WLR Daily, 23rd October 2013

Source: www.iclr.co.uk

When a decision-maker gives retro-reasons – UK Human Rights Blog

Posted October 28th, 2013 in appeals, housing, judicial review, local government, news, planning, reasons by sally

“This planning judicial review tackles the problem posed by an authority who says one thing in its formal reasons granting planning permission, and another thing in the court proceedings when the grant is challenged.”

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UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

SFO could snoop on communications to uncover evidence of corruption, says director – OUT-LAW.com

“The director of the Serious Fraud Office (SFO) has warned that the agency may use powers of surveillance to uncover evidence of corruption within corporates.”

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OUT-LAW.com, 25th October 2013

Source: www.out-law.com

Court of Appeal refuses anonymity for offender – UK Human Rights Blog

“Only ‘clear and cogent evidence’ that it was strictly necessary to keep an offender’s identity confidential would lead a court to derogate from the principle of open justice. The possibility of a media campaign that might affect the offender’s resettlement could not work as a justification for banning reporting about that offender, even though a prominent and inaccurate report about him had already led to harassment of his family.”

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UK Human Rights Blog, 25th October 2013

Source: www.ukhumanrightsblog.com

Needs, wants and principles – Law Society’s Gazette

“The High Court recently offered a useful starter pack in both planning and administrative law.”

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Law Society’s Gazette, 28th October 2013

Source: www.lawgazette.co.uk

Phone-hacking: trial of Andy Coulson and Rebekah Brooks to begin – The Guardian

“The trial of former News International chief executive Rebekah Brooks and others linked with alleged phone-hacking at the now-defunct News of the World will begin on Monday at the Old Bailey, kicking off what is likely to be one of the longest criminal trials in recent memory.”

Full story

The Guardian, 28th October 2013

Source: www.guardian.co.uk

Two new Upper Tribunal decisions: commercial confidentiality, ministerial communications – Panopticon

Posted October 28th, 2013 in confidentiality, disclosure, news, public interest, tribunals by sally

“The Upper Tribunal has issued two decisions on information rights matters this week. Both are by Upper Tribunal Judge David Williams, and both include substantive treatments of some of the issues that arise most commonly in information rights litigation.”

Full story

Panopticon, 25th October 2013

Source: www.panopticonblog.com

‘Family Law Reform: Some Missing Views’ by Rebekah Wilson – Garden Court Family Law Blog

“It is with interest, as a barrister committed to representation of parties in care proceedings that I read the monthly, View from the President’s Chambers (available online). And more recently an interview with the President himself in Counsel Magazine (Justic Delayed is Justice Denied, Chris McWatters talks to Sir James Munby, Counsel October 2013).”

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Garden Court Family Law Blog, 25th October 2013

Source: www.gcfamily.wordpress.com

Christopher Symons guilty of Patricia Goodband murder – BBC News

Posted October 28th, 2013 in murder, news, perverting the course of justice, wills by sally

“A man has been found guilty of murdering his business partner and throwing her down a well shaft in an attempt to gain a £1m inheritance.”

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BBC News, 25th October 2013

Source: www.bbc.co.uk

Another hall of mirrors human rights story from the Telegraph – Daily Telegraph

“Yesterday saw another poor piece of human rights reporting from the Telegraph, again from Home Affairs Correspondent David Barrett. Strasbourg human rights court threatens key counter-terrorism powers. It is a typical piece of hall-of-mirrors reporting; all of the basic elements are there but presented in a distorted and inaccurate way.”

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UK Human Rights Blog, 27th October 2013

Source: www.ukhumanrightsblog.com

​How to: change specialisms – Law Society’s Gazette

Posted October 28th, 2013 in legal profession, news, solicitors by sally

“Grania Langdon-Down hears from practitioners who have reshaped their career by moving practice area.”

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Law Society’s Gazette, 28th October 2013

Source: www.lawgazette.co.uk