Legal Aid Statistics in England and Wales – Ministry of Justice

Posted June 26th, 2013 in appeals, legal aid, news, statistics by sally

Legal Aid Statistics in England and Wales (PDF)

Ministry of Justice, 25th June 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Private landlords, disability discrimination and mandatory possession claims – What is the relevance? – Hardwicke Chambers

“Last year Arthur Moore and I ran a seminar in Chancery Lane on the (then) vexed question of to what extent Article 8 and Article 1 of the First Protocol of the European Convention on Human Rights impacted upon private landlords’ possession claims.”

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Hardwicke Chambers, 20th June 2013

Source: www.hardwicke.co.uk

Oxford child sex abuse ring members being sentenced today – The Independent

Posted June 26th, 2013 in child abuse, news, sentencing, sexual grooming, sexual offences by sally

“The sentencing of seven men convicted of running a child sex abuse ring in Oxford is due to start today. The gang were found guilty of a range of sexual offences against girls as young as 12 last month.”

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The Independent, 26th June 2013

Source: www.independent.co.uk

Costs budgets- revisions and indemnity costs – 4 New Square

Posted June 26th, 2013 in amendments, budgets, costs, indemnities, news by sally

“On 14 June 2013 in Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1643 (TCC) Mr Justice Coulson handed down another important judgment on the application of the new costs management rules (in CPR r.3.15- r.3.18), albeit his decision relates to the Costs Management in Mercantile Courts and Technology and Construction Courts – Pilot Scheme (‘PD 51G’). In particular, Coulson J considered (i) the impact of an order for costs on the indemnity basis; (ii) what a party needs to do to seek approval of a revised costs budget; (iii) when a party should make an application for such approval; and (iv) what test the court applies on such an application. Coulson J’s findings are highlighted in bold below.”

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4 New Square, 25th June 2013

Source: www.4newsquare.com

Peter Kay brother imposter jailed for 24 months – BBC News

Posted June 26th, 2013 in fraud, impersonation, news, sentencing by sally

“A conman who posed as the brother of comedian Peter Kay while pretending to raise money for a boy with cancer has been jailed for 24 months.”

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BBC News, 24th June 2013

Source: www.bbc.co.uk

A1P1 and property rights in the Supreme Court again – UK Human Rights Blog

“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”

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UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

Berney v Saul: No road to Damascus moment – Hardwicke Chambers

Posted June 26th, 2013 in appeals, limitations, negligence, news, solicitors by sally

“A claimant’s chose in action represented by his claims in litigation is something which has a value, provided it is not certain or nearly certain to fail. Clients pay lawyers to take care of that chose in action by putting the claim forward in the proper way and by managing its progress in accordance with the rules and orders of the Court.”

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Hardwicke Chambers, 25th June 2013

Source: www.hardwicke.co.uk

UKBA failed to pursue missing asylum seeker leads – The Independent

Posted June 26th, 2013 in asylum, immigration, investigatory powers, news by sally

“Border officials failed to pursue more than 3,000 leads identified on police databases when attempting to track down missing asylum seekers, an inspector has found.”

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The Independent, 26th June 2013

Source: www.independent.co.uk

Sacking GP from government drugs advisor post for ‘anti-gay’ views was lawful – UK Human Rights Blog

“Dr Hans-Christian Raabe lost his judicial review challenge to the revocation of his appointment as the GP member of the Government’s Advisory Council on the Misuse of Drugs (ACMD). His appointment was revoked less than a month after he had accepted an offer to join the ACMD, as a result of certain views about homosexuality expressed in a paper he had co-written in Canada some 6 years earlier.”

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UK Human Rights Blog, 25th June 2013

Source: www.ukhumanrightsblog.com

Bank Mellat: Closed Material Procedures and FOIA – Panopticon

“Last week, the Supreme Court gave judgment in Bank Mellat v Her Majesty’s Treasury (no.1) [2013] UKSC 38. The Bank Mellat case involved financial restrictions imposed by HMT on the Bank under the Counter-Terrorism Act 2008 (“the 2008 Act”), on the basis that it enabled funding for Iran’s nuclear weapons programme. The High Court and Court of Appeal had both adopted a closed material procedure (“CMP”) – i.e. a procedure in which the court sits in private, and hears evidence and/or submissions without one party either being present or seeing the material – in order to consider sensitive material adduced by HMT which could not be disclosed to the Bank. They had specific statutory authority to do so under the 2008 Act. The Supreme Court did not have such authority. The relevant questions were whether it was possible for the Supreme Court to adopt a CMP on appeal, in the absence of specific statutory provision; and if so, whether it was appropriate to do so in that particular case. The Supreme Court was faced with the difficulty of reconciling two strong but opposing interests. On the one hand, it was important that the Court should be able to see and consider any relevant material before the High Court and Court of Appeal. On the other, the Supreme Court itself in Al Rawi v Security Service [2012] 1 AC 531 had uncompromisingly set its face against any derogation from the open justice principle. The Supreme Court was divided; but the majority considered that the Court had implied authority to adopt a CMP under its powers conferred by the Constitutional Reform Act 2005, where the lower courts had themselves used a CMP. Nevertheless, the Court was uncomfortable about doing so, and expressed that discomfort in strong terms.”

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Panopticon, 25th June 2013

Source: www.panopticonblog.com

Ian Brady: Witnessing the tribunal evidence – BBC News

Posted June 26th, 2013 in imprisonment, mental health, news, tribunals by sally

“Moors Murderer Ian Brady spoke publicly for the first time in 47 years as he appeared before a mental health tribunal at Ashworth Hospital.”

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BBC News, 25th June 2013

Source: www.bbc.co.uk

Right of appeal for family visit visas abolished – Home Office

Posted June 26th, 2013 in appeals, families, human rights, news, visas by sally

“Removal of right of appeal for family visit visas will save more than £100 million over next decade.”

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Home Office, 25th June 2013

Source: www.gov.uk/home-office

Wife in £20m divorce rifled husband’s safe while he played golf – Daily Telegraph

Posted June 26th, 2013 in divorce, financial provision, freezing injunctions, news by sally

“A wife persuaded a court to freeze £20 million of her husband’s assets using papers she raided from his safe while he was out playing golf, a High Court judge has disclosed.”

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Daily Telegraph, 25th June 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

The Right to Be Forgotten – BBC Law in Action

Posted June 26th, 2013 in data protection, EC law, internet, news, privacy by sally

“The Right to be Forgotten: What information do internet companies and social networks have on us and can we delete it? Joshua Rozenberg explores the legal battle going on in Europe about a new law to enable consumers more rights to delete information held on them. We hear what Facebook thinks of the proposed law.”

Listen

BBC Law in Action, 25th June 2013

Source: www.bbc.co.uk

Lords block Chris Grayling’s plans to let private companies supervise ex-prisoners – Daily Telegraph

“The Coalition’s plans to let private companies supervise ex-prisoners have been blocked in the House of Lords.”

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Daily Telegraph, 25th June 2013

Source: www.telegraph.co.uk

Health and Safety – an Employee’s Duties – One Inner Temple Lane

Posted June 26th, 2013 in employment, health & safety, imprisonment, news by sally

“The law upon health and safety is becoming ever more punitive. Traditionally it had been considered regulatory rather than penal legislation designed to prevent tragedy not punish transgressors. The maximum penalty under the Health and Safety at Work Act 1974 was a fine proportionate to the means of the offender until very recently. For the first time ever under the Health and Safety Offences Act 2008 an offending employee can face custody of up to two years. We can all generally support the principles of the legislation but the removal of a person’s liberty is so serious that it is imperative that cases are defended with vigour.”

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One Inner Temple Lane, 26th June 2013

Source: www.1itl.com

Second ordeal for Sam Hallam months after jail release – The Independent

Posted June 26th, 2013 in assault, closed circuit television, miscarriage of justice, news, police by sally

“A man who spent seven years in jail for a murder he did not commit was allegedly injured by police and charged with assault just months after his release, it can be disclosed.”

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The Independent, 25th June 2013

Source: www.independent.co.uk

The Sun gets regulator reprimand and apologises for misleading on European human rights – UK Human Rights Blog

Posted June 26th, 2013 in complaints, criminal records, EC law, human rights, media, news by sally

“Remember Inhuman Rights, The Sun’s garbled reporting of this Court of Appeal decision on Criminal Record Bureau checks? In February, I wrote this: No, The Sun, the Human Rights Act is not the EU. My complaint was about the headline, which screamed ‘Now EU could let fiends like him prey on your children’. This was obvious nonsense, since the judgment had nothing to do with the EU.”

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UK Human Rights Blog, 26th June 2013

Source: www.ukhumanrightsblog.com

Lord Judge’s correspondence with Chris Grayling on court privatisation – the full text – The Guardian

Posted June 26th, 2013 in budgets, courts, judiciary, legal profession, Ministry of Justice, news by sally

“Read a copy of the letter that the lord chief justice sent to the justice secretary warning him not to undermine judicial independence.”

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The Guardian, 25th June 2013

Source: www.guardian.co.uk

At last: Rapist Wendell Baker finally found guilty of 1997 attack after police bungles – The Independent

Posted June 26th, 2013 in DNA, double jeopardy, evidence, news, police, rape by sally

“A rapist was finally convicted today after a series of police and prosecution blunders allowed him to evade justice for 15 years following his merciless attack on a pensioner inside her own home.”

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The Independent, 25th June 2013

Source: www.independent.co.uk