Leveson warns journalistic standards could slip if bloggers not subject to law – The Guardian

Posted December 12th, 2012 in enforcement, internet, media, news, publishing, regulations by sally

“Lord Justice Leveson has warned that unless criminal and civil law is enforced against bloggers, the quality of journalism in conventional media could deteriorate.”

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The Guardian, 12th December 2012

Source: www.guardian.co.uk

Immigration detention casework – poor casework must be addressed – HM Inspectorate of Prisons

Posted December 12th, 2012 in case management, delay, deportation, detention, immigration, news, prisons, reports by sally

“Immigration casework needs to improve so that people aren’t detained for longer than necessary, said Nick Hardwick, Chief Inspector of Prisons, and John Vine, Chief Inspector of Borders and Immigration, publishing the report of a thematic review of immigration detention casework.”

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HM Inspectorate of Prisons, 12th December 2012

Source: www.justice.gov.uk

Court of Appeal: Criminal Appeals Heard More Quickly – Judiciary of England and Wales

Posted December 12th, 2012 in appeals, courts, news, statistics by sally

“The Court of Appeal (Criminal Division) heard appeals against conviction and sentence more quickly last year than in previous years according to the Court’s annual report published today (Tuesday 11 December).”

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Judiciary of England and Wales, 11th December 2012

Source: www.judiciary.gov.uk

Phillips & Co (a firm) v Bath Housing Co-operative Ltd – WLR Daily

Posted December 12th, 2012 in civil justice, costs, law reports, legal profession, limitations, solicitors by sally

Phillips & Co (a firm) v Bath Housing Co-operative Ltd [2012] EWCA Civ 1591; [2012] WLR (D) 372

“A solicitors’ claim for costs, billed but not yet fixed by assessment or agreement, fell within the phrase ‘debt or other liquidated pecuniary claim’ in section 29(5)(a) of the Limitation Act 1980.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Whiplash crackdown – Ministry of Justice

Posted December 12th, 2012 in compensation, consultations, news, personal injuries, road traffic, small claims by sally

“New measures to bring down the number and cost of whiplash claims, including speculative and fraudulent applications has been announced today [11th December].”

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Ministry of Justice, 11th December 2012

Source: www.justice.gov.uk

David Cameron hints at change of heart in secret courts policy – The Guardian

Posted December 12th, 2012 in bills, closed material, evidence, judiciary, news, private hearings by sally

“The government could be preparing to back down over whether judges or ministers should have the final say on legal evidence being heard in secret.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

Changes to stamp duty land tax sub-sale rules will affect commercial transactions, said expert – OUT-LAW.com

Posted December 12th, 2012 in bills, conveyancing, news, rent, stamp duty, tax avoidance by sally

“Changes to the stamp duty land tax (SDLT) sub-sale rules announced as part of the draft Finance Bill ‘will introduce complexity and uncertainty into commercial transactions’ said John Christian, a property tax expert at Pinsent Masons, the law firm behind Out-law.com.”

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OUT-LAW.com, 11th December 2012

Source: www.out-law.com

Model charity: ‘whatever happens, we’ll carry on, but it won’t be easy’ – The Guardian

Posted December 12th, 2012 in asylum, budgets, charities, homelessness, legal aid, news, refugees by sally

“Southampton and Winchester Visitors Group, which supports destitute refugees, may be hit by sweeping legal aid cuts.”

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The Guardian, 11th December 2012

Source: www.guardian.co.uk

Unmeritorious appeals ‘clogging the arteries’ of CoA – Law Society’s Gazette

Posted December 12th, 2012 in appeals, budgets, courts, legal aid, legal representation, news by sally

“Increasing numbers of ‘unmeritorious’ appeals could have the effect of ‘clogging the arteries’ of the court of appeal, the registrar of criminal appeals has warned.”

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Law Society’s Gazette, 11th December 2012

Source: www.lawgazette.co.uk

Prisons and immigration inspectors demand action on delayed deportations – The Guardian

Posted December 12th, 2012 in deportation, detention, immigration, news, prisons, reports by sally

“More than 40 people facing deportation have been held for longer than two years in prisons and immigration removal centres at a cost to the taxpayer of nearly £40,000 each, official inspectors have revealed.”

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The Guardian, 12th December 2012

Source: www.guardian.co.uk

Introduction of tax general anti abuse rule (GAAR) delayed for several months, says Treasury – OUT-LAW.com

Posted December 11th, 2012 in bills, consultations, legislation, news, taxation by sally

“The general anti abuse rule (GAAR) will come into force from royal assent to the Finance Bill 2013 and not from 1 April 2013 as originally proposed, according to draft legislation for the Finance Bill 2013 published today.”

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OUT-LAW.com, 11th December 2012

Source: www.out-law.com

Judge blames ‘diet of DVDs’ after boy, 17, murders mother – Daily Telegraph

Posted December 11th, 2012 in families, murder, news, offensive weapons, sentencing, young offenders by sally

“A teenager who murdered his mother after becoming fascinated with knives following a ‘two-year diet of constant DVDs’ has been sentenced to life imprisonment.”

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Daily Telegraph, 11th December 2012

Source: www.telegraph.co.uk

Q&A: Communications Data Bill – BBC News

Posted December 11th, 2012 in bills, electronic mail, internet, investigatory powers, news, telecommunications by sally

“The government’s draft Communications Data Bill details plans to increase the amount of data gathered about the web and mobile habits of anyone in the UK.”

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BBC News,

Source: www.bbc.co.uk

Equality Act 2010, possession claims and assessors – Hardwicke Chambers

Posted December 11th, 2012 in civil procedure rules, equality, landlord & tenant, news, repossession by sally

“It seemed a fairly straightforward hearing – a pre-trial review in an anti-social behaviour possession claim prior to a one-day trial at the end of December – with both my opponent and I agreeing that the matter was ready to proceed.”

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Hardwicke Chambers, 30th December 2012

Source: www.hardwicke.co.uk

Command Papers – official-documents.gov.uk

Posted December 11th, 2012 in parliamentary papers by sally

Reducing the number and costs of whiplash claims: A consultation on arrangements concerning whiplash injuries in England and Wales, Cm 8425 (PDF)

Source: www.official-documents.gov.uk

31 days later: Failure to comply with s 213 of the Housing Act 2004 – Hardwicke Chambers

Posted December 11th, 2012 in deposits, housing, landlord & tenant, news, penalties by sally

“The Tenancy Deposit Scheme came into force on 6th April 2007. After the Court of Appeal handing down a number of controversial ‘landlord friendly’ judgments on the meaning of ss 213-215 of Housing Act 2004 (‘the Act’), Parliament amended these provisions by s 184 of the Localism Act 2011 (‘2011 Act’). The amendments came into force on 6 April 2012. Since this date, there is a tough new world out there for unorganised or inexperienced landlords. This article seeks to set out what is required by landlords and what happens when things go wrong.”

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Hardwicke Chambers, 30th November 2012

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted December 11th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Imam-Sadeque v Bluebay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) (10 December 2012)

High Court (Administrative Court)

TNT Post UK Ltd, R (on the application of) v HM Revenue and Customs & Ors [2012] EWHC 3380 (Admin) (10 December 2012)

Linfoot v Secretary of State for the Department for Communities and Local Government [2012] EWHC 3514 (Admin) (10 December 2012)

High Court (Family Division)

B v A [2012] EWHC 3127 (Fam) (10 December 2012)

High Court (Technology and Construction Court)

UK Highways A55 Ltd & Ors v Hyder Consulting (UK) Ltd & Ors [2012] EWHC 3505 (TCC) (06 December 2012)

Source: www.bailii.org

Outright or suspended – The correct approach in discretionary residential possession cases – Hardwicke Chambers

Posted December 11th, 2012 in appeals, housing, local government, news, repossession by sally

“On 29 November 2012 the Court of Appeal handed down judgment in Birmingham City Council v Mr Neil Ashton [2012] EWCA Civ 1557. Though the facts of the case were similar to many anti-social behaviour cases heard around the country it did throw up three particularly interesting areas of confirmation and clarification.”

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Hardwicke Chambers, 3rd December 2012

Source: www.hardwicke.co.uk

Reducing the number and cost of whiplash claims – Ministry of Justice

Posted December 11th, 2012 in consultations, news, personal injuries, road traffic, small claims by sally

“The Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. However, increases in claims for compensation relating to whiplash injuries are having a significant impact on the motor insurance premiums paid by individuals, families and businesses.”

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Ministry of Justice, 11th December 2012

Source: www.justice.gov.uk

Property development in a cold climate – Hardwicke Chambers

Posted December 11th, 2012 in construction industry, news, planning, rights of way by sally

“In these somewhat tricky financial times, it is unsurprising that the Government is keen to persuade property developers to do their bit to kick-start the ailing economy by dusting off chunks of their carefully land-banked acreage and getting on with long-shelved construction projects. However, many things have changed in this post-banking-apocalypse world, and it is unlikely that developers will be in a position simply to take up projects exactly where they left off a few years ago. In addition to the obvious funding difficulties they now face, developers large and small will need to be alert to changes in planning policy and local needs since they put their projects on hold. These will be particularly relevant where the developer requires an extension of time on the original planning permission or where he wishes to escape from or mitigate the burden of an obligation previously accepted in order to obtain that permission or to deal with reserved matters.”

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Hardwicke Chambers, 10th December 2012

Source: www.hardwicke.co.uk