The Chagossian Wikileaks cable judgment, fishing rights and a dose of EU law – UK Human Rights Blog

“The Divisional Court has now dismissed the claim by Mr Bancoult on behalf of the Chagossian islanders. He had challenged the designation of the waters around the islands as a ‘no take’ Marine Protected Area, i.e. one which could not be fished.”

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UK Human Rights Blog, 11th June 2013

Source: www.ukhumanrightsblog.com

Can we really trust the Mental Capacity Act? – Halsbury’s Law Exchange

Posted June 12th, 2013 in consent, disabled persons, mental health, news by sally

“The introduction of the Mental Capacity Act 2005 (MCA 2005) was celebrated for establishing a groundbreaking legal framework which empowers and protects those who lack capacity. Yet only six years after its implementation, the criticisms of MCA 2005 have grown to such an extent that the House of Lords has established a post-legislative scrutiny committee. So what has led to this apparent volte face?”

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Halsbury’s Law Exchange, 12th June 2013

Source: www.halsburyslawexchange.co.uk

Sun holiday competition banned over rules breach – The Guardian

Posted June 12th, 2013 in advertising, complaints, exclusion clauses, families, news by sally

“The advertising watchdog has said that the Sun broke its rules for refusing to honour a family holiday prize won by a woman who said she intended to take her sister’s children on the trip.”

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The Guardian, 12th June 2013

Source: www.guardian.co.uk

Hundreds of millions from legal aid budget helps banks defend fraud cases – The Independent

Posted June 12th, 2013 in banking, barristers, budgets, fraud, legal aid, news by sally

“The poorest and most vulnerable people in society are being hit by cuts to the legal system while the government bankrolls the wealthiest, a senior QC said today [11 June].”

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The Independent, 11th June 2013

Source: www.independent.co.uk

Keir Starmer: terrorists could escape prosecution without ‘snoopers’ charter’ – Daily Telegraph

“There is a ‘real risk’ that terrorists could avoid prosecution if proposed internet monitoring powers are abandoned, the country’s top prosecutor has said.”

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Daily Telegraph, 11th June 2013

Source: www.telegraph.co.uk

Record rise in child custody cases before legal aid cuts – The Independent

Posted June 12th, 2013 in children, custody, dispute resolution, divorce, legal aid, news, statistics by sally

“A record number of child-custody cases were fought in court last month, in what experts believe may be a rush before cuts to legal aid start to bite.”

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The Independent, 11th June 2013

Source: www.independent.co.uk

Four sex-abuse cases referred to police for reconsideration – BBC News

“Police have been asked to reconsider their decision to drop four sex-abuse cases, the Crown Prosecution Service (CPS) has announced.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Case discontinued over social media comments after Woolwich murder – The Guardian

Posted June 12th, 2013 in armed forces, internet, malicious communications, murder, news, prosecutions by sally

“A 19-year-old man accused of making comments on a social media website following the murder of Drummer Lee Rigby has had his court case discontinued.”

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The Guardian, 11th June 2013

Source: www.guardian.co.uk

Family’s ‘torture’ as they face losing home under anti-terror law – The Independent

“The family of a grandfather convicted of attempting to recruit two undercover police officers to fight for the Taliban have spoken of their ‘torture’ as they face the prospect of becoming the first in Britain to have their home seized by the courts under anti-terrorism laws.”

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The Independent, 12th June 2013

Source: www.independent.co.uk

Too many human traffickers escape justice in UK, says solicitor general – The Guardian

“Too few of the human traffickers who force women to work in the sex trade and children to labour in cannabis farms are being prosecuted in the UK, according to the solicitor general, Oliver Heald QC.”

Full story

The Guardian, 11th June 2013

Source: www.guardian.co.uk

Jobseekers try to overturn law denying them benefit rebates – The Guardian

“Iain Duncan Smith and parliament have conspired to undermine the basic rights of hundreds of thousands of jobseekers by enacting retrospective emergency legislation, according to the contents of a legal filing sent to the Department for Work and Pensions (DWP).”

Full story

The Guardian, 11th June 2013

Source: www.guardian.co.uk

Lee Webster jailed for Jason Wood pills-in-beer ‘prank’ killing – BBC News

Posted June 11th, 2013 in homicide, news, perverting the course of justice, poisoning, sentencing by sally

“A man convicted of killing his friend by putting 27 anti-depressant tablets into his drink has been jailed for four-and-a-half years.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Woman loses baby after acne drug wrongly prescribed – BBC News

Posted June 11th, 2013 in damages, medicines, negligence, news, pregnancy by sally

“A hospital has paid an undisclosed amount after a pregnant woman was given acne drugs that caused her unborn baby severe abnormalities.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

Child sex abuse victims’ vulnerability must not be barrier to justice, says DPP – The Guardian

Posted June 11th, 2013 in child abuse, children, criminal justice, news, victims by sally

“Vulnerability among child sex abuse victims should no longer be a barrier to justice, the director of public prosecutions, Keir Starmer QC, has declared as he unveiled new guidelines for handling cases.”

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The Guardian, 11th June 2013

Source: www.guardian.co.uk

Chagos marine park is lawful, High Court rules – BBC News

“A UK government decision to create a controversial marine park in the Indian Ocean has been upheld by the High Court.”

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BBC News, 11th June 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted June 11th, 2013 in law reports by sally

Court of Appeal (Civil Division)

de Ferranti & Anor v Execuzen Ltd [2013] EWCA Civ 592 (10 June 2013)

Court of Appeal (Criminal Division)

X Ltd, R. v [2013] EWCA Crim 818 (23 May 2013)

Hobson v R. [2013] EWCA Crim 819 (23 May 2013)

High Court (Administrative Court)

Bancoult, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWHC 1502 (Admin) (11 June 2013)

Warnborough College Ltd., R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1510 (Admin) (10 June 2013)

High Court (Family Division)

A Council v M & Ors (Judgment 4: Foreign Adoption: Refusal of Recognition) [2013] EWHC 1501 (Fam) (06 June 2013)

High Court (Queen’s Bench Division)

Harris & Anor v Charalambous [2013] EWHC 1317 (QB) (07 June 2013)

Source: www.bailii.org

Command Papers – official-documents.gov.uk

Posted June 11th, 2013 in parliamentary papers by sally

Better defence acquisition: improving how we procure and support Defence equipment, Cm 8626 (PDF)

Source: www.official-documents.gov.uk

Costs that fall within court-approved budget not necessarily proportionate, court suggests – OUT-LAW.com

Posted June 11th, 2013 in appeals, budgets, costs, news, proportionality by sally

“Costs that fall within a court-approved budget will not necessarily be ‘reasonable’ or ‘proportionate’ simply because they fall within the scope of that budget, a Court of Appeal judge has suggested.”

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OUT-LAW.com, 10th June 2013

Source: www.out-law.com

Acas revises its draft Code of Practice on extended confidential settlement agreements – OUT-LAW.com

“The rules governing when and how an employer will be able to use a confidential
pre-termination settlement agreement to bring an employee contract to an end are
more complicated than they first appear, an expert has said.”

Full story

OUT-law.com, 11th June 2013

Source: www.out-law.com

Christmas Day murder: Man jailed for Charmaine Macmuiris stabbing – BBC News

Posted June 11th, 2013 in murder, news, offensive weapons, sentencing by sally

“A man has been jailed for life for the ‘vicious and brutal’ murder of his girlfriend of three weeks, who was found dead on Christmas Day.”

Full story

BBC News, 10th June 2013

Source: www.bbc.co.uk