Refusal of relief from sanctions also highlights negligence risk for solicitors, warns QC – Litigation Futures

Posted October 9th, 2013 in disclosure, negligence, news, sanctions, solicitors, time limits by sally

“The latest High Court decision refusing relief from sanctions shows how tough the courts are becoming in implementing the Jackson reforms, a QC has warned.”

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Litigation Futures, 9th October 2013

Source: www.litigationfutures.com

Wife of Gurkha soldier murdered by serial sex attacker on hunt for woman to rape – Daily Telegraph

Posted October 9th, 2013 in murder, news, rape, sentencing by sally

“A serial sex attacker, who went looking for a woman to rape before murdering the wife of a Gurkha soldier, has been jailed for life by a judge who described him as a ‘very dangerous man’.”

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Daily Telegraph, 9th October 2013

Source: www.telegraph.co.uk

House of Lords reform – time for evolution rather than revolution? – Halsbury’s Law Exchange

Posted October 9th, 2013 in bills, news, parliament, peerages & dignities, statistics by sally

“When the House of Lords returns from recess in October, they will begin to welcome the 30 new peers announced at the beginning of August, including such diverse figures as paralympian Chris Holmes, racism campaigner Doreen Lawrence and Ministry of Sound co-founder James Palumbo. These 30 new peers (14 Conservative, ten Liberal Democrats, five Labour and one Green) will see the Conservatives again become the biggest bloc (with 222 peers, one ahead of Labour) and take the number of currently eligible sitting peers to 783. While such a size led to many comments about the ballooning size of the House (such as ‘New faces push the supersized House of Lords towards 1,000’ The Times August 2, 2013), this figure – which excludes those on leave of absence and those ineligible due to offices held – is actually lower than the figures as at March 2011 and March 2012. However, the annual reports of the House do show average attendance has increased by over a third in the last decade (from the mid-300s to the high 400s) and reflecting changing party balance in the House of Commons through creations is undoubtedly set to increase the size of the House of Lords (particularly if the parties fortunes ebb and flow; on this point see, eg, Michael White (Guardian, 17/5/2010) and the Electoral Reform Society 2013 report ‘The Super-Sized Second Chamber’). Thus among the Bills set to be scrutinised in the remainder of this session are no fewer than three House of Lords Reform Private Members’ Bills (PMBs) which seek to restrict the size of the House, Nick Clegg’s revolutionary – and much criticised – reform having been abandoned last year (at least until the next election).”

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Halsbury’s Law Exchange, 8th October 2013

Source: www.halsburyslawexchange.co.uk

Who, what, why: What’s behind the idea of banning 10-packs of cigarettes? – BBC News

Posted October 9th, 2013 in EC law, news, regulations, sale of goods, smoking by sally

“Euro MPs have voted to ban the sale of packs of 10 cigarettes as part of a general tightening of the law. Why?”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

Criminal law – Law Society’s Gazette

Posted October 9th, 2013 in appeals, barristers, criminal justice, defence, incitement, judges, news, sentencing, terrorism by sally

“Defendants being charged with a number of terrorism-related offences – First defendant’s trial counsel’s conduct at trial being criticised by judge and prosecution counsel on numerous occasions during trial.”

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Law Society’s Gazette, 8th October 2013

Source: www.lawgazette.co.uk

Baby P’s mother Tracey Connelly to be released from prison – The Guardian

“The mother of Peter Connelly, the toddler known as Baby P who died with more than 50 injuries despite being on the at-risk register, has been recommended for release from prison by the Parole Board.”

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The Guardian, 8th October 2013

Source: www.guardian.co.uk

Court of Appeal upholds CPO by council of site of famous amusement park – Local Government Lawyer

Posted October 9th, 2013 in appeals, compulsory purchase, inquiries, local government, news by sally

“A district council’s compulsory purchase of the site of a famous amusement park has today been upheld by the Court of Appeal.”

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Local Government Lawyer, 8th October 2013

Source: www.localgovernmentlawyer.co.uk

Significant changes to corporate crime regime on the way as National Crime Agency launches – OUT-LAW.com

Posted October 9th, 2013 in bribery, corruption, fraud, news, ombudsmen, penalties, whistleblowers by sally

“US-style incentives for whistleblowers against corporate fraud, bribery and corruption offences could be introduced in the UK following the launch of the new National Crime Agency (NCA), an expert has said.”

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OUT-LAW.com, 8th October 2013

Source: www.out-law.com

Michael Moss killing: Ex-partner Collette Booth arranged attack – BBC News

Posted October 9th, 2013 in assault, evidence, homicide, news, sentencing, telecommunications, video recordings by sally

“A woman who arranged for two men to attack her former partner has been jailed for manslaughter.”

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BBC News, 8th October 2013

Source: www.bbc.co.uk

Charity chiefs back ‘once-in-a-generation’ change to fostering law – Daily Telegraph

Posted October 9th, 2013 in bills, charities, children, education, fostering, local government, news, statistics by sally

“An alliance of 40 charity chiefs and experts is today urging members of the Lords to seize a ‘once-in-a-generation’ opportunity to change the law to give young people in foster care the same start in adult life as their peers.”

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Daily Telegraph, 9th October 2013

Source: www.telegraph.co.uk

Robin Thicke advert ruled ‘too sexual’ for early showing – BBC News

Posted October 9th, 2013 in advertising, children, complaints, media, news, video recordings, women by sally

“An advert featuring singer Robin Thicke performing his number one hit Blurred Lines must not be shown before 19:30 as it is too sexual, the Advertising Standards Authority (ASA) has said.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

Victim suing police for taking too long to arrive – Daily Telegraph

“A crime victim who was beaten almost to death by a baseball bat-wielding gang of thugs is fighting a landmark battle for compensation from Humberside police.”

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Daily Telegraph, 8th October 2013

Source: www.telegraph.co.uk

Bwlchyllan lake battle set to end after 20 years – BBC News

Posted October 9th, 2013 in enforcement notices, fines, health & safety, local government, news, planning, water by sally

“A farmer is set to win a 20-year-long legal battle for planning permission for a large lake on his land.”

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BBC News, 9th October 2013

Source: www.bbc.co.uk

Christian owners of Chymorvah Hotel who refused to allow gay couple to stay in double room take legal fight to Supreme Court – The Independent

“The Christian owners of a guesthouse who refused to allow a gay couple to stay in a double-bedded room have said they want to avoid a ‘collision’ between two different lifestyles as they prepare to take their case to the Supreme Court.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

Hundreds of criminals, including knife offenders, spared jail under Coalition – Daily Telegraph

Posted October 9th, 2013 in community service, news, prisons, sentencing, statistics, weapons by sally

“Hundreds of criminals who commit multiple crimes are being spared jail, new figures have revealed.”

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Daily Telegraph, 9th October 2013

Source: www.telegraph.co.uk

Home Office ‘go home’ vans banned over misleading figures – The Guardian

“The Home Office’s ‘go home’ poster vans targeting illegal immigrants have been banned by the Advertising Standards Authority for quoting misleading arrest statistics.”

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The Guardian, 9th October 2013

Source: www.guardian.co.uk

Britain pays out millions to criminals after losing 202 human rights cases since 1998 – The Independent

“Britain has had to pay out £4.4 million in taxpayers’ money as a result of losing 202 cases at the European Court of Human Rights (ECHR) in Strasbourg since 1998, figures from the House of Commons reveal.”

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The Independent, 8th October 2013

Source: www.independent.co.uk

EVENT: IALS – Making the law easier for users: the role of statutes

Posted October 8th, 2013 in Forthcoming events by sally

“Organised by the Statute Law Society (www.statutelawsociety.org) and the Institute of Advanced Legal Studies.”

Date: 14th October 2013, 6.00-7.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London, WC1B 5DR

Charge: Free

More information can be found here.

Witness evidence – Hardwicke Chambers

Posted October 8th, 2013 in evidence, news, witnesses by sally

“A good witness statement can greatly improve the chances of success in any case, whereas conversely a poorly drafted one can undermine what may otherwise be a potentially strong claim or defence. Andy Lane reports on a recent Chancery Division authority which serves as a timely reminder to us all.”

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Hardwicke Chambers, 2nd October 2013

Source: www.hardwicke.co.uk

Fairclough v Summers – An abuse of Process – Sovereign Chambers

“On the 13th May 2003 whilst acting in the course of his employment with Fairclough Homes Limited (‘Fairclough’), Shaun Summers (‘Mr Summers’) fell from a truck and sustained both a fractured bone in his right hand and a fractured left heel bone. On the 28th October 2003 Fairclough admitted liability for the accident through its insurers (‘the admission’). Mr Summers went on to issue a claim for personal injury and associated losses on the 10th May 2006 but, having examined his medical records (which appeared to cast doubt on Mr Summers’ account of the accident), Fairclough applied for permission to withdraw their admission and served an Amended Defence in relation to liability. On the 28th August 2007, following a trial before HHJ Tetlow (‘the Judge’), Mr Summers obtained judgment against Fairclough with damages to be assessed.”

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Sovereign Chambers, 25th September 2013

Source: www.sovereignchambers.co.uk