Foreign Secretary v Rahmatullah: Reprieve’s dodgy press release – Head of Legal

Posted November 7th, 2012 in Afghanistan, habeas corpus, human rights, news, rendition, Supreme Court by sally

“Last Wednesday the Supreme Court gave judgment in this case in which Yunus Rahmatullah, who’s being held by American forces in Afghanistan, applied for habeas corpus against the British government.”

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Head of Legal, 6th November 2012

Source: www.headoflegal.com

Miners’ Knee Litigation: Judgment in the Court of Appeal – 4 New Square

Posted November 7th, 2012 in delay, industrial injuries, limitations, miners, negligence, news by sally

“On 25 October 2012, the Court of Appeal handed down judgment in the Miners’ Knee Group Litigation. This is the latest determination of the appellate courts on issues of limitation arising in group actions and follows the recent decision of the Supreme Court in the Atomic Veterans Litigation earlier this year.”

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4 New Square, 1st November 2012

Source: www.4newsquare.com

McRoberts v McRoberts – WLR Daily

Posted November 7th, 2012 in bankruptcy, divorce, family courts, insolvency, law reports by sally

McRoberts v McRoberts [2012] EWHC 2966 (Ch); [2012] WLR (D) 305

“If review or modification of an obligation imposed in matrimonial proceedings was not within the jurisdiction of the matrimonial courts under the Matrimonial Causes Acts, then s 281(5) of the Insolvency Act 1986 should not be deployed to supply some additional basis of review. When exercising its discretion under s 281(5) to release a bankrupt from bankruptcy debt, the question the court had to ask was whether, accepting that the obligation’s imposition was justified, there was any real prospect of it being satisfied now or in the future and whether its release was necessary to enable or at least substantially assist the discharged bankrupt to re-establish himself.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

Ched Evans refused appeal against rape conviction – BBC News

Posted November 7th, 2012 in appeals, news, rape by sally

“Footballer Ched Evans has lost the right to appeal against his conviction for rape.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Education Committee calls for earlier use of care proceedings – Family Law Week

Posted November 7th, 2012 in child abuse, child neglect, news, reports, young persons by sally

“The House of Commons Education Committee’s report Children first: the child protection system in England calls for earlier intervention by local authorities to prevent abuse to and neglect of children.”

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Family Law Week, 7th November 2012

Source: www.familylawweek.com

Sorting out extradition and prisoner voting – BBC Law in Action

Posted November 7th, 2012 in elections, extradition, human rights, news, prisons by sally

“Joshua Rozenberg considers how the tension between politicians’ wishes and what the law requires is likely to be resolved in two highly controversial areas of government policy: extradition and the right of prisoners to vote.”

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BBC Law in Action, 6th November 2012

Source: www.bbc.co.uk

Police play judge and jury in too many cases, say magistrates – Daily Telegraph

Posted November 7th, 2012 in cautions, courts, fines, magistrates, news, police, victims by sally

“Police have become judge and jury dispensing inappropriate summary justice on the streets, the country’s leading magistrates have warned.”

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Daily Telegraph, 6th November 2012

Source: www.telegraph.co.uk

Wales child abuse: Theresa May launches inquiry – BBC News

Posted November 7th, 2012 in care homes, child abuse, inquiries, news, sexual offences, Wales by sally

“Home Secretary Theresa May has announced a new police inquiry into allegations of child abuse in north Wales in the 1970s and 1980s.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

GCSE results row: high court to hear schools’ appeal for judicial review – The Guardian

Posted November 7th, 2012 in education, examinations, judicial review, news by sally

“A high court judge has ordered an urgent hearing of a legal challenge over the summer’s GCSE English controversy mounted by an alliance of pupils, schools and councils.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

Report #5: The English Legal System – the foundation – Charon QC

Posted November 7th, 2012 in legal history, legal services, news by sally

“Today, I am at 6 Bedford Square, the former home of Lord Eldon, Lord Chancellor, talking with Professor Gary Slapper, Director of NYU in London. We discuss the pervasiveness of law in our lives and the foundation and structure of the law of England & Wales. The intention is to provide an overview of the system for non-lawyers to set the scene for the remainder of the tour.”

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Charon QC, 6th November 2012

Source: www.charonqcuklawtour.com

Eye-gouge man Shane Jenkin loses appeal over Tina Nash attack – BBC News

“A man jailed for life for blinding his girlfriend by gouging out her eyes has had an appeal against his sentence refused.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Library closures may be unlawful, says Commons select committee – The Guardian

Posted November 6th, 2012 in illegality, libraries, news, reports, select committees by sally

“A ‘damning’ report into library closures up and down the country has found that councils making plans to shut branches without taking proper account of local needs risk breaking the law.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

Extradition cases: Should politicians or courts decide? – BBC News

Posted November 6th, 2012 in courts, extradition, human rights, ministers' powers and duties, news by sally

“Who should decide whether a suspect should be extradited to stand trial abroad? Is extradition purely a legal matter, to be decided by the courts? Or should ministers have the discretion to block extradition in appropriate cases?”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Bus driver sacked for BNP membership wins case in Strasbourg – The Guardian

Posted November 6th, 2012 in human rights, news, political opinion discrimination, unfair dismissal by sally

“A Bradford bus diver should not have been sacked for being a member of the British National Party, the European court of human rights has ruled.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

How UK immigration laws are splitting families apart – BBC News

Posted November 6th, 2012 in elderly, families, immigration, news by sally

“The government’s promise to reduce net migration by 2015 includes measures that have made it more difficult for people from outside Europe to join family members in the UK, creating tough choices for some British residents.”

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BBC News, 6th November 2012

Source: www.bbc.co.uk

Civil enforcement remedies – consultation on extending the range of remedies available to public enforcers of consumer law – Department for Business Innovation and Skills

Posted November 6th, 2012 in consultations, consumer protection, enforcement, news by sally

“The consultation sets out proposals to extend the range of remedies available to enforcers of consumer law.”

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Department for Business Innovation and Skills, 5th November 2012

Source: www.bis.gov.uk

BAILII: Recent Decisions

Posted November 6th, 2012 in law reports by sally

Court of Appeal (Civil Division)

KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1420 (06 November 2012)

Child Maintenance and Enforcement Commission (CMEC) v Gibbons [2012] EWCA Civ 1379 (30 October 2012)

High Court (Queen’s Bench Division)

Jolly v Harsco Infrastructure Services Ltd [2012] EWHC 3086 (QB) (05 November 2012)

High Court (Chancery Division)

Bamford & Ors v Harvey & Anor [2012] EWHC 2858 (Ch) (18 October 2012)

High Court (Administrative Court)

Doherty v Westminster Magistrates’ Court [2012] EWHC 2990 (Admin) (17 October 2012)

High Court (Commercial Court)

Gemini (Eclipse 2006-3) Plc & Anor v Danske Bank AS & Anor [2012] EWHC 3103 (Comm) (05 November 2012)

Source: www.bailii.org

Police commissioner elections turnout threshold ruled out – The Guardian

Posted November 6th, 2012 in crime, elections, news, police by sally

“The home secretary, Theresa May, has refused to set a minimum turnout for next week’s police and crime commissioner elections in the face of claims that it could fall to the lowest in British election history.”

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The Guardian, 6th November 2012

Source: www.guardian.co.uk

Ched Evans rape case: nine fined over naming of footballer’s victim – The Guardian

Posted November 6th, 2012 in anonymity, fines, identification, internet, news, rape, victims by sally

“Nine people have been fined after admitting to revealing online the identity of a woman raped by the footballer Ched Evans.”

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The Guardian, 5th November 2012

Source: www.guardian.co.uk

Ignorance is no defence on Twitter and Facebook, warn legal experts – Daily Telegraph

Posted November 6th, 2012 in defamation, defences, internet, malicious communications, news, publishing by sally

“Media lawyers Niri Shan and Lorna Caddy explain why commenting on Twitter and Facebook is no longer the same as a chat down the pub.”

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Daily Telegraph, 5th November 2012

Source: www.telegraph.co.uk