Gay marriage: freedom of speech and conscience – Halsbury’s Law Exchange

“At the beginning of 2013 11 countries allowed gay marriage to be performed. By the middle of the year that number had increased to 15 with more to come. Some states in the US and Mexico also allow gay marriages to take place and some jurisdictions recognise same-sex marriages conducted elsewhere but do not perform them. While civil partnerships were introduced throughout the UK in 2004, England and Wales and Scotland look likely to be the next jurisdictions to allow same-sex marriage. The Marriage (Same-Sex Couples) Bill 2012-13 to 2013-14 regarding England and Wales is already in the House of Lords and the Marriage and Civil Partnership (Scotland) Bill has just been introduced. Northern Ireland, by contrast, looks set to stick solely with civil partnerships (and will recognise the other jurisdictions same-sex marriages as such).”

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Halsbury’s Law Exchange, 16th July 2013

Source: www.halsburyslawexchange.co.uk

Pension liberation test case gets underway at High Court – OUT-LAW.com

Posted July 17th, 2013 in consumer protection, fraud, news, pensions, retirement by sally

“A test case to establish whether a number of pension schemes which allowed members access to their savings before the minimum retirement age were legal has begun at the High Court.”

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OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Dr David Kelly: 10 years on, death of scientist remains unresolved for some – The Guardian

Posted July 17th, 2013 in BBC, coroners, evidence, inquiries, Iraq, news, suicide, war, weapons, whistleblowers by sally

“Death of WMD dossier scientist contributed to erosion of trust in politics.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 17th, 2013 in law reports by sally

High Court (Commercial Court)

Burger King v King Franchises [2013] EWHC 1761 (Comm) (26 April 2013)

Bikam OOD & Anor v Adria Cable SARL [2013] EWHC 1985 (Comm) (12 July 2013)

ARB International Ltd. v Baillie [2013] EWHC 2060 (Comm) (12 July 2013)

Cavendish Square Holdings BV & Anor v El Makdessi [2012] EWHC 4305 (Comm) (18 December 2012)

High Court (Technology and Construction Court)

Northumbrian Water Ltd v Sir Robert McAlpine Ltd [2013] EWHC 1940 (TCC) (12 July 2013)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 1121 (TCC) (03 May 2013)

ABB Ltd v Bam Nuttall Ltd [2013] EWHC 1983 (TCC) (12 July 2013)

Source: www.bailii.org

Sir John Thomas named as next lord chief justice – The Guardian

Posted July 17th, 2013 in judges, judicial appointments commission, judiciary, news by sally

“Sir John Thomas, president of the queen’s bench division, is to become the next lord chief justice of England and Wales, Downing Street has confirmed.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Is complicity with the death penalty illegal? – UK Human Rights Blog

“In a previous blog post on these pages, the case of Lindsay Sandiford was examined. Sandiford – a British citizen facing the death penalty in Indonesia – had asked the UK Government for funding to help her appeal, but was refused financial help. The Court of Appeal ruled in favour of the Government, stating that the decision to provide legal aid to a British citizen abroad is a discretionary matter for the executive.”

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UK Human Rights Blog, 17th July 2013

Source: www.ukhumanrightsblog.com

Tax tribunal ruling against SDLT avoidance scheme could ensure payment of £135m tax, says HMRC – OUT-LAW.com

Posted July 17th, 2013 in bills, HM Revenue & Customs, news, stamp duty, tax avoidance, tribunals by sally

“A tax tribunal has ruled against a stamp duty land tax (SDLT) avoidance scheme, under which a property developer used a sub-sale and alternative finance scheme to try to avoid paying the tax on the purchase of the Chelsea Barracks in London.”

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OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Morton Hall detainee held for nearly three years, report finds – BBC News

Posted July 17th, 2013 in asylum, demonstrations, detention, news, recidivists, time limits, trials by sally

“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”

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BBC News, 17th July 2013

Source: www.bbc.co.uk

NHS inquiry: trust by trust, the Keogh Report’s findings – Daily Telegraph

Posted July 17th, 2013 in health & safety, hospitals, inquiries, news, statistics by sally

“The Keogh Report’s findings on 14 hospitals reveal that NHS failings of care claimed thousands of lives, including that of a man due to be married and a newborn baby.”

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Daily Telegraph, 16th July 2013

Source: www.telegraph.co.uk

Cardiff Three police corruption case collapsed ‘due to disclosure failures’ – The Guardian

“Prosecutors and police were overwhelmed by more than 1 million pages of evidence during the trial of eight former South Wales police officers that eventually collapsed, the Crown Prosecution Service has said.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Gay marriage set to enter law with first wedding ceremonies to take place by next summer – The Independent

Posted July 17th, 2013 in bills, equality, homosexuality, marriage, news by sally

“Legislation to introduce same-sex marriage has completed its passage through the House of Commons, paving the way for the first gay weddings in England and Wales next summer.”

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The Independent, 16th July 2013

Source: www.independent.co.uk

Jimmy Mubenga: Home Office official makes qualified apology to family – The Guardian

“David Wood, the head of the Home Office’s immigration enforcement, has given a qualified apology to the family of Jimmy Mubenga, the Angolan asylum seeker who an inquest jury last week ruled was unlawfully killed by three G4S escort guards.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Newport scrap metal dealer ‘first in UK’ to be fined under new law – BBC News

Posted July 17th, 2013 in fines, handling stolen goods, news, prosecutions by sally

“A scrap metal dealer from Newport is believed to be the first in the UK to be prosecuted for not checking sellers’ ID under new laws introduced in March.”

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BBC News, 16th July 2013

Source: www.bbc.co.uk

‘Badger was fox’ lie Cumbria men’s convictions upheld – BBC news

“Three men given jail sentences after taking a badger from a wood and trying to pretend it was a fox have had their convictions upheld at an appeal.”

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BBC News, 16th July 2013

Source: www.bbc.co.uk

Michael Gove strips council of child protection powers – The Guardian

“A council has been stripped of its powers to provide child protection by the education secretary, Michael Gove, after the latest in a series of damning reports found its services could not overcome a persistent culture of ‘failure and disillusion’.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Only one in every 100 reports of illegal immigration results in deportation – Daily Telegraph

Posted July 17th, 2013 in appeals, bills, deportation, immigration, news, select committees, statistics by sally

“Only one in every 100 reports of illegal immigration has resulted in someone being removed from the country, the Home Office has admitted.”

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Daily Telegraph, 16th July 2013

Source: www.telegraph.co.uk

Mother calls for law change after Surrey coach crash ruling – The Guardian

Posted July 17th, 2013 in accidents, health & safety, inquests, news, regulations by sally

“Accident that led to deaths of three people caused by ‘catastrophic failure’ in a 20-year-old tyre, coroner rules.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Theresa May considers ‘second-tier’ banning orders – The Guardian

“Ministers are ‘actively considering’ a second-tier banning order that would outlaw groups that are not outright terrorist organisations but promote extremism and hatred on the streets, the home secretary, Theresa May, has confirmed.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin); [2013] WLR (D) 280

“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Turbill; Regina v Broadway – WLR Daily

Posted July 16th, 2013 in appeals, care homes, jury directions, law reports, negligence, wilful neglect by sally

Regina v Turbill; Regina v Broadway [2013] WLR (D) 279

“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk