One officer charged over ‘Plebgate’ – BBC News
‘A police officer is to be charged with misconduct in a public office over the Andrew Mitchell “Plebgate” row.’
BBC News, 26th November 2013
Source: www.bbc.co.uk
Judge sentencing rapist, 12, warns against using Internet as a babysitter – Daily Telegraph
‘A judge has warned that the Internet cannot be used as a “babysitter” as he sentenced a 12-year-old for raping his younger sister after watching porn at school.’
Daily Telegraph, 26th November 2013
Source: www.telegraph.co.uk
Adam Perry and Farrah Ahmed: Are Constitutional Statutes ‘Quasi-Entrenched’? – UK Constitutional Law Group
‘The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about constitutional statutes.’
UK Constitutional Law Group, 26th November 2013
Source: www.ukconstitutionallaw.org/blog
Small and mighty – Legal Voice
‘The government may want to hand out criminal legal aid contracts to fewer, bigger firms, but smaller practices with lower overhead costs are arguably in a better position to survive the planned 17.5 per cent cuts, argues David Gilmore.’
Legal Voice, 26th November 2013
Source: www.legalvoice.org.uk
Forced marriage and the “lawfully wedded” wife – Halsbury’s Law Exchange
‘Today, on the 32nd International Day for the Elimination of Violence Against Women, the Anti-Social Behaviour, Crime and Policing Bill reaches the Committee stage of the House of Lords. The Bill introduces a raft of measures covering matters as diverse as dangerous dogs, extradition proceedings, firearms and, tucked away in Part 10, forced marriage. Forced marriage is to be criminalised. “Was it not already?”, you may ask.’
Halsbury’s Law Exchange, 25th November 2013
Source: www.halsburyslawexchange.co.uk
FGM – No More Excuses – Halsbury’s Law Exchange
‘There is no topic more appropriate to write about on the International Day for the Elimination of Violence against Women than that of Female Genital Mutilation (FGM). FGM involves the partial or total removal of a girl’s genitalia for non-medical reasons. The potential health risks resulting from the FGM procedure are numerous and severe: in extreme cases it can lead to sterility, infection, haemorrhaging and death. The risks associated with FGM are exacerbated by the fact that it is usually performed by people with no formal medical training in unsanitary conditions. Many statements from girls who were mutilated describe being physically held down on tables in make-shift theatres, and having their genitalia cut with sharp implements. Anaesthetic is rarely used.’
Halsbury’s Law Exchange, 25th November 2013
Source: www.halsburyslawexchange.co.uk
Recent Statutory Instruments – legislation.gov.uk
Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily
‘New certification provisions introduced in 2013, in so far as they purported to empower the Home Secretary automatically to terminate any existing proceedings for judicial review of a direction excluding the claimant from the United Kingdom on national security grounds, were outside the powers conferred by the Special Immigration Appeals Commission Act 1997 as amended.’
WLR Daily, 21st November 2013
Source: www.iclr.co.uk
Patel and others v Secretary of State for the Home Department; Anwar v Same; Alam v Same – WLR Daily
‘The Home Secretary was not under a duty to issue a direction for removal from the United Kingdom at the same time as refusing an application for an extension of limited leave to remain in the United Kingdom. A tribunal hearing an immigration appeal against a refusal of further leave to remain in the United Kingdom may consider additional grounds which had not been raised before the Home Secretary before the decision under appeal had been made but which had subsequently been raised in response to a one stop notice.’
WLR Daily, 20th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisons
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
‘Ed Heaton explores the rights of cohabitants.’
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
‘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.’
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
‘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.’
Daily Telegraph, 25th November 2013
Source: www.telegraph.co.uk
‘Close to death’ hunger striker faces imminent deportation after court defeat – The Independent
‘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.’
The Independent, 25th November 2013
Source: www.independent.co.uk
Surgeon struck off for lying about removing brain tumour – Daily Telegraph
‘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.’
Daily Telegraph, 25th November 2013
Source: www.telegraph.co.uk
High Court moves to hotel room as frail father sues sons – The Independent
‘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.’
The Independent, 26th November 2013
Source: www.independent.co.uk
Child-on-child abuse shocking, children’s commissioner report says – BBC News
‘ “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.’
BBC News, 26th November 2013
Source: www.bbc.co.uk
Short jail sentences disrupt criminals’ lives, says top judge – Daily Telegraph
‘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.’
Daily Telegraph, 26th November 2013
Source: www.telegraph.co.uk
