Man jailed for four-year bomb hoax campaign in UK, US and Canada – The Independent

Posted December 3rd, 2019 in communicating false information, explosives, news, school children, sentencing by tracey

‘A man who carried out a campaign of bomb hoaxes against targets in the US, Canada and the UK has been jailed for more than four years.’

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The Independent, 3rd December 2019

Source: www.independent.co.uk

Education, street protests and injunctions: Afsar – Law & Religion UK

‘Birmingham City Council v Afsar & Ors [2019] EWHC 3217 (QB) was a claim by the Council for injunctions to restrict street protests about Anderton Park Infant and Junior School and to prohibit online abuse of teachers at that school.’

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Law & Religion UK, 2nd December 2019

Source: www.lawandreligionuk.com

Après nous le déluge – rents and water resellers – Nearly Legal

Posted December 2nd, 2019 in landlord & tenant, local government, news, rates, rent, water by tracey

‘Royal Borough of Kingston-Upon-Thames v Moss (2019) EWHC 3261 (Ch). Ever since Jones v London Borough of Southwark (2016) EWHC 457 (Ch) (our report), the position on water rates taken as rent by a number of London Councils and Housing Associations under agreements with Thames Water has been conflicted. Some councils (including Southwark) refunded tenants the ‘discount’ that they had received. Other councils did nothing, and frantically tried to settle and defence to rent arrears possession proceedings that raised the water rates point (not always successfully), in the hope and expectation that someone else would take another case to the High Court and overturn or distinguish Jones.’

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Nearly Legal, 1st December 2019

Source: nearlylegal.co.uk

More barristers to skip court security – but solicitors still have to queue – Law Society’s Gazette

Posted December 2nd, 2019 in barristers, courts, identification, identity cards, news, solicitors by tracey

‘A scheme which enables barristers to bypass court security has been rolled out in 30 more courts – but solicitors still have to undergo searches.’

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Law Society's Gazette, 29th November 2019

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted December 2nd, 2019 in law reports by tracey

Court of Appeal (Civil Division)

Mackenzie v Alcoa Manufacturing (Gb) Ltd [2019] EWCA Civ 2110 (29 November 2019)

Court of Appeal (Criminal Division)

McChleery v R. [2019] EWCA Crim 2100 (29 November 2019)

Cunningham & Anor v R. [2019] EWCA Crim 2101 (29 November 2019)

High Court (Administrative Court)

Venuscare Ltd v Cumbria County Council [2019] EWHC 3268 (Admin) (29 November 2019)

The Liberal Democrats & The Scottish National Party, R. (On the Application of) v ITV Broadcasting Ltd [2019] EWHC 3282 (Admin) (29 November 2019)

High Court (Chancery Division)

Royal Borough of Kingston-Upon-Thames v Moss [2019] EWHC 3261 (Ch) (29 November 2019)

High Court (Commercial Court)

UCP Plc v Nectrus Ltd [2019] EWHC 3274 (Comm) (29 November 2019)

High Court (Patents Court)

Conversant Wireless Licensing SARL v Apple Retail UK Ltd & Ors [2019] EWHC 3266 (Pat) (29 November 2019)

Source: www.bailii.org

Sentencing Guidelines – Devon Chambers

Posted December 2nd, 2019 in news, sentencing by sally

‘Sixteen years ago, we knew nothing of sentencing guidelines. As practitioners we would browse through Current Sentencing Practice (Thomas) to try to find a similar case to the one we were dealing with in the hope of persuading the judge to our way of thinking.’

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Devon Chambers, November 2019

Source: www.devonchambers.co.uk

Child abduction—use of the 1996 Hague Convention as opposed to the inherent jurisdiction (Re I-L (children) (1996 Hague Child Protection Convention—inherent jurisdiction) – 1 GC: Family Law

Posted December 2nd, 2019 in child abduction, conflict of laws, jurisdiction, news, treaties by sally

‘In Re I-L (children) the Court of Appeal allowed the father’s appeal and held that where the 1996 Hague Convention applies between two countries, if a 1980 Hague Convention application is made and is not successful, the applicable jurisdictional provisions are those of the 1996 Hague Convention, particularly Art 11, and the inherent jurisdiction is not available to use. Eleri Jones, barrister at 1GC Family Law, who represented the appellant father, considers the implications.’

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1 GC: Family Law, 21st November 2019

Source: 1gc.com

Council secures £400k+ confiscation order against landlord over house in multiple occupation with 15 tenants – Local Government Lawyer

‘Joint action by Hillingdon Council’s planning enforcement and trading standards teams has seen a Hayes landlord ordered to pay more than £430,000 after she turned her property into an illegal House in Multiple Occupation (HMO).’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Levitt v Euro Building & Maintenance Contractors Limited (1) Dual Oliva Limited (2) [2019] EWHC 2926 (QB) – 12 King’s Bench Walk

‘A claim relating to an unlawful trespass to the Claimant’s person that occurred on 26 October 2014. During the course of their work, three sub-contractors engaged on a construction site by First Defendant, namely the Claimant, Kieran Fowler and Alan Fowler, became involved in an argument concerning their work. The incident started as verbal argument on a scaffold and culminated a few minutes later (off the scaffold) with Kieran Fowler striking the Claimant violently over the head with a scaffolding pole. As a result, the Claimant sustained a right-sided subdural haemorrhage, a subarachnoid haemorrhage, and extensive skull fractures. Following the incident Kieran Fowler was convicted of causing Grievous Bodily Harm and sentenced to 12 years in prison. The Claimant’s case was that the First Defendant were vicariously liable for the actions of Kieran Fowler. The Second Defendant was the insurer of the First Defendant.’

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12 King's Bench Walk, 20th November 2019

Source: www.12kbw.co.uk

Alleged tout given suspended sentence over sale of Wimbledon tickets – The Guardian

Posted December 2nd, 2019 in consumer protection, contempt of court, news, sentencing, suspended sentences by sally

‘An alleged tout who said he would rather go to prison than “grass up” his boss, who prosecutors claim is a reality TV star, has been handed a six-month suspended prison sentence over the sale of Wimbledon tickets.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Welsh council defeats appeal by dog breeder over refusal to renew licence – Local Government Lawyer

Posted December 2nd, 2019 in appeals, dogs, licensing, local government, news, Wales by sally

‘A Welsh council has successfully defended its decision not to renew a dog breeder’s licence over breaches of conditions identified during unannounced inspections.’

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Local Government Lawyer, 2nd December 2019

Source: www.localgovernmentlawyer.co.uk

Boy, 17, sentenced over London night bus harassment – The Guardian

‘A 17-year-old boy has been sentenced to a four-month youth rehabilitation order for his part in the harassment and intimidation of two women on a late-night London bus in an incident which became the focus of concerns about the targeting of LGBTQ+ people.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Andrew Highton jailed for murder of partner Linda Treeby – BBC News

Posted December 2nd, 2019 in domestic violence, murder, news, sentencing by sally

‘A man has been jailed for life for the “savage and brutal” murder of his partner on her 64th birthday.’

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BBC News, 28th November 2019

Source: www.bbc.co.uk

Restrictions to maintain free and fair elections – Law Society’s Gazette

Posted December 2nd, 2019 in advertising, defamation, elections, news by sally

‘Elections are hotly contested affairs, rife with accusations and mud-slinging. George Bernard Shaw put it bluntly: ‘An election is a moral horror, as bad as a battle except for the blood; a mud bath for every soul concerned in it.’ ‘

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Law Society's Gazette, 2nd December 2019

Source: www.lawgazette.co.uk

Extinction Rebellion: The ‘reluctant activists’ facing criminal records – BBC News

Posted December 2nd, 2019 in climate change, demonstrations, imprisonment, news, public order by sally

‘Thousands of people from across the UK have been arrested this year as part of climate change protests that police said have stretched resources.’

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BBC News, 1st December 2019

Source: www.bbc.co.uk

Divorce rate falls for heterosexual couples in England and Wales – The Guardian

Posted December 2nd, 2019 in divorce, news, statistics by sally

‘The divorce rate for opposite sex couples in England and Wales has plunged to its lowest level for almost half a century – partly due to problems in processing applications.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Vegan activists banned by ASA from using poster which claimed eating meat is worse than all forms of transport – Daily Telegraph

Posted December 2nd, 2019 in advertising, agriculture, climate change, complaints, news, veganism by sally

‘A vegan poster campaign has been banned by the Advertising Standards Authority for claiming that eating meat is worse for greenhouse gas emissions than all forms of transport.’

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Daily Telegraph, 29th November 2019

Source: www.telegraph.co.uk

Hillsborough victims’ families criticise CPS over handling of case – The Guardian

‘Bereaved Hillsborough families have criticised the Crown Prosecution Service and called for a review of how it conducted the case against David Duckenfield, the former South Yorkshire police chief superintendent acquitted on Thursday of manslaughter.’

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The Guardian, 29th November 2019

Source: www.theguardian.com

Court of Appeal gives guidance on Secure Accommodation Orders – Transparency Project

‘The local authority was applying for a secure accommodation order in respect of B (aged 15). B and her parents opposed this, mainly because the proposed placement was some distance away.’

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Transparency Project, 29th November 2019

Source: www.transparencyproject.org.uk

Solicitor took 15 years to finish distributing estate – Legal Futures

Posted December 2nd, 2019 in delay, disciplinary procedures, fines, news, probate, solicitors by sally

‘A veteran solicitor who failed to complete several probate matters promptly – with one taking 15 years – has been fined by a tribunal.’

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Legal Futures, 2nd December 2019

Source: www.legalfutures.co.uk