Regina (Gibson) v Secretary of State for Justice – WLR Daily

Posted September 11th, 2013 in assets recovery, confiscation, Crown Court, drug trafficking, interest, law reports, magistrates, sentencing by sally

Regina (Gibson) v Secretary of State for Justice: [2013] EWHC 2481 (Admin);   [2013] WLR (D)  344

“Where the Crown Court fixed a term of imprisonment in default of a sum recoverable under a confiscation order the words ‘at the time the period of detention was imposed’ in section 79(2) of the Magistrates’ Courts Act 1980 meant the time when the default term was activated by the magistrates’ court, not the time when it was fixed by the Crown Court, for the purposes of calculating a reduction in the term of imprisonment.”

WLR Daily, 4th September 2013

Source: www.iclr.co.uk

Acpo’s role to be examined by Sir Nick Parker – BBC News

Posted September 11th, 2013 in inquiries, news, police, standards by sally

“A retired general will lead an inquiry into whether an association for senior police officers is fit for purpose.”

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BBC News, 10th September 2013

Source: www.bbc.co.uk

Michael Le Vell: CPS defends prosecution of Coronation Street actor – Daily Telegraph

Posted September 11th, 2013 in child abuse, Crown Prosecution Service, evidence, news, prosecutions, public interest by sally

“Prosecutors last night defended the decision to put Michael Le Vell on trial insisting it was in the public interest to let the jury decide on his guilt or innocence.”

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Daily Telegraph, 11th September 2013

Source: www.telegraph.co.uk

Equitable Life scandal victims to receive compensation this year – Daily Telegraph

Posted September 11th, 2013 in compensation, maladministration, news, pensions, victims by sally

“Around 10,000 victims of the Equitable Life scandal will receive a £5,000 compensation payment a year early, the Government has announced.”

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Daily Telegraph, 10th September 2013

Source: www.telegraph.co.uk

‘Shocking’ bedroom tax should be axed, says UN investigator – The Guardian

Posted September 11th, 2013 in government departments, housing, human rights, news, taxation, United Nations by sally

“Housing expert Raquel Rolnik says policy could constitute a violation of the human right to adequate housing.”

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The Guardian, 11th September 2013

Source: www.guardian.co.uk

 

Hospital settles Stafford mother’s poor care claim – BBC News

Posted September 11th, 2013 in birth, compensation, hospitals, medical treatment, news, standards by sally

“A six-figure settlement has been agreed for a woman who suffered life-changing injuries caused by mistakes when she gave birth at Stafford Hospital.”

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BBC News, 11th September 2013

Source: www.bbc.co.uk

Fine wine fraudsters jailed for conning elderly investors – Daily Telegraph

Posted September 11th, 2013 in conspiracy, elderly, fraud, news, sentencing by sally

“Two members of a family of fraudsters who conned elderly investors in a £4.5 million fine wine scam have been jailed for a total of ten-and-a-half years.”

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Daily Telegraph, 11th September 2013

Source: www.telegraph.co.uk

On-the-spot fines are making High Streets ‘fair game’ to young criminals – Daily Telegraph

Posted September 11th, 2013 in cautions, courts, fines, magistrates, news, police, recidivists, young offenders by sally

“Britain’s High Streets are at risk of becoming ‘fair game’ to young criminals who are ‘blighting our communities’ because they know they can escape with on-the-spot fines, the Justice Secretary warns today.”

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Daily Telegraph, 11th September 2013

Source: www.telegraph.co.uk

IPCC’s Tom Davies: Police disciplinary system’s ‘grave flaws’ – BBC News

Posted September 11th, 2013 in disciplinary procedures, news, ombudsmen, police, Wales by sally

“The disciplinary process for serious complaints against police officers has ‘grave flaws’ and needs to be overhauled, says the outgoing head of the police watchdog in Wales.”

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BBC News, 11th September 2013

Source: www.bbc.co.uk

Michael Le Vell cleared: Should rape suspects get anonymity? – BBC News

Posted September 11th, 2013 in anonymity, child abuse, news, rape, sexual offences, victims by sally

“In the wake of Coronation Street actor Michael Le Vell being cleared of child rape and other sex abuse charges, the question of whether suspects in such cases should be granted anonymity, just as complainants are, arises once more.”

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BBC News, 11th September 2013

Source: www.bbc.co.uk

Gym chains forced to improve contract terms – Daily Telegraph

Posted September 10th, 2013 in consumer protection, contracts, news by sally

“Three leading health and fitness operators have been forced to improve their contracts for customers after an investigation by the Office of Fair Trading (OFT).”

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Daily Telegraph, 10th September 2013

Source: www.telegraph.co.uk

Dyson sues Samsung over new vacuum’s steering mechanism – BBC News

Posted September 10th, 2013 in intellectual property, news, patents by sally

“British manufacturer Dyson is suing Samsung over claims that the South Korean firm ‘ripped off’ one of its inventions.”

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BBC News, 10th September 2013

Source: www.bbc.co.uk

Police Taser use more than doubles in four years – The Independent

Posted September 10th, 2013 in firearms, news, police by sally

“Use of stun guns by police officers in England and Wales has more than doubled over two years, according to official figures.”

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The Independent, 10th September 2013

Source: www.independent.co.uk

Abuse of Asian girls missed because of focus on white victims, says report – The Guardian

Posted September 10th, 2013 in news, race discrimination, reports, sexual grooming, sexual offences, victims by sally

“Asian girls are the hidden victims of child grooming gangs, dipping under the radar of police or social services, according to a report released on Tuesday. Vulnerable girls and some boys are being sexually exploited by gangs of men but are being missed by the authorities because agencies are too focused on a model of grooming involving white victims, according to research from the Muslim Women’s Network UK.”

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The Guardian, 10th September 2013

Source: www.guardian.co.uk

Mortgage companies’ additional data reporting must serve a valid purpose and be limited to a necessary volume, says ICO – OUT-LAW.com

Posted September 10th, 2013 in data protection, mortgages, news, privacy by sally

“The Financial Conduct Authority (FCA) should review the necessity of asking mortgage providers to provide it with additional personal information about customers in order to ensure those individuals’ privacy rights are respected, a data protection watchdog has said.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com

BAILII: Recent Decisions

Posted September 10th, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Sutherland Professional Funding Ltd v Bakewells (a firm) & Ors [2013] EWHC 2685 (QB) (03 September 2013)

Source: www.bailii.org

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc – WLR Daily

Posted September 10th, 2013 in agency, banking, contracts, disclosure, law reports, news by sally

Torre Asset Funding Ltd and another v Royal Bank of Scotland plc: [2013] EWHC 2670 (Ch);   [2013] WLR (D)  343

“A term was not to be implied into a mezzanine lending agreement that a bank, which had acted as agent for two special purpose vehicles (‘SPVs’) when they participated as junior lenders in such structured lending to a property company which subsequently collapsed, was obliged to disclose to the SPVs material financial information in its possession as to the declining health of the company.”

WLR Daily, 3rd September 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 10th, 2013 in legislation by sally

The Tonnage Tax (Training Requirement) (Amendment) (No. 2) Regulations 2013

The Insurance Companies (Amendment to Schedule 17 to the Finance Act 2012 (Transitional Provision)) Regulations 2013

The Children Act 2004 (Commencement No. 9) (Wales) Order 2013

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2013

The Value Added Tax (Amendment) (No. 2) Regulations 2013

The Contaminants in Food (England) Regulations 2013

Source: www.legislation.gov.uk

Criminal barristers seek judicial review of LSB over QASA – Legal Futures

Posted September 10th, 2013 in barristers, judicial review, Legal Services Board, news, quality assurance by sally

“A long-awaited judicial review of the Quality Assurance Scheme for Advocates (QASA) has been launched by criminal law barristers against the Legal Services Board (LSB).”

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Legal Futures, 9th September 2013

Source: www.legalfutures.co.uk

High Court quashes 116-home St Albans scheme refusal – OUT-LAW.com

Posted September 10th, 2013 in housing, local government, news, planning by sally

“A Planning Inspector was wrong to use Regional Spatial Strategy (RSS) figures as a base for a Council’s projected housing need, a High Court judge has ruled.”

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OUT-LAW.com, 9th September 2013

Source: www.out-law.com