The law should not become “over precious” about human rights, says the Divisional Court – UK Human Rights Blog

“Protestors have to put up with ‘sensible and good natured’ controls by the authorities as a limitation on their rights to free expression and assembly, the Divisional Court has ruled.”

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UK Human Rights Blog, 8th November 2011

Source: www.ukhumanrightsblog.com

Loner jailed for preying on girls – The Independent

“A dangerous loner who preyed on young girls and threatened to burn down one teenage victim’s family home was jailed indefinitely today.”

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The Independent, 8th November 2011

Source: www.independent.co.uk

Lady Justice Hallett: profile – Daily Telegraph

Posted November 8th, 2011 in judges, legal profession, news, sex discrimination by sally

“Lady Justice Hallett, one of the country’s most senior judges, has claimed she encountered ‘horrific’ sexism during her rise through the judiciary.”

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Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

Catholic church can be held responsible for wrongdoing by priests – The Guardian

Posted November 8th, 2011 in appeals, child abuse, employment, news, sexual offences, vicarious liability by sally

“Victims of clerical sexual abuse will find it easier to bring compensation claims against the Catholic church after a judge ruled it can be held responsible for the wrongdoings of its priests.”

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The Guardian, 8th November 2011

Source: www.guardian.co.uk

Commercial sense can determine ambiguous contractual meanings, Supreme Court rules – OUT-LAW.com

Posted November 8th, 2011 in contracts, interpretation, news, Supreme Court by sally

“Courts should apply ‘business common sense’ when construing the meaning of disputed ambiguous contractual terms, the Supreme Court has ruled.”

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OUT-LAW.com, 8th November 2011

Source: www.out-law.com

Man jailed for record tyre dumps – The Guardian

Posted November 8th, 2011 in news, sentencing, waste by sally

“A man has been jailed for 15 months for illegally dumping more than 1m tyres across England, a figure believed to be a record for one individual.”

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The Guardian, 8th November 2011

Source: www.guardian.co.uk

Fenland District Council v Sheppard and others – WLR Daily

Posted November 8th, 2011 in insolvency, law reports, mortgages by sally

Fenland District Council v Sheppard and others [2011] EWHC 2829 (Ch); [2011] WLR (D) 316

“In making a vesting order, pursuant to section 320 of the Insolvency Act 1986, in favour of a statutory chargee whose charge ranked in priority to the mortgagees’ charge over the property, the court was not bound to set aside the mortgagees’ charge where the mortgagees did not themselves apply for a vesting order. Such an order would not effectively benefit only the mortgagees by extinguishing the statutory charge if it could be shown that the statutory chargee intended to preserve the benefit of its charge, or that the extinguishment of its charge would be against the statutory chargee’s interests, in which case there would be a presumption against extinguishment.”

WLR Daily, 3rd November 2011

Source: www.iclr.co.uk

Assange v Swedish Prosecution Authority – WLR Daily

Posted November 8th, 2011 in appeals, extradition, law reports by sally

Assange v Swedish Prosecution Authority [2011] EWHC 2849 (Admin); [2011] WLR (D) 315

“In the context of the Extradition Act 2003, through interpretation of article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’) and recognising differences of terminology used among member states, a ‘judicial authority’ was not confined to a judge who adjudicated, but could extend to a body that prosecuted.”

WLR Daily, 2nd November 2011

Source: www.iclr.co.uk

Social Services have both statutory and common law duty to protect children from abuse – UK Human Rights Blog

Posted November 8th, 2011 in child abuse, duty of care, local government, news, social services by sally

“This case concerned the entitlement to compensation for the years of abuse the claimants, three brothers a sister, the youngest, who had suffered at the hands of their father. The older claimants had both suffered regular abuse from an early age until late teens. The third claimant escaped the prolonged abuse suffered by his brothers. The fourth claimant, who was conceived after the defendant social services became aware of the situation, nevertheless endured abuse for five or six years.”

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UK Human Rights Blog, 8th November 2011

Source: www.ukhumanrightsblog.com

Tomney family from Cleveleys jailed for driveway fraud – BBC News

Posted November 8th, 2011 in conspiracy, elderly, fraud, news, sentencing by sally

“Four family members have been jailed for cheating elderly and vulnerable people out of thousands of pounds.”

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BBC News, 7th November 2011

Source: www.bbc.co.uk

Gordon Brown wins ruling over Sunday Telegraph’s ‘Murdoch rant’ story – The Guardian

Posted November 8th, 2011 in codes of practice, complaints, media, news by sally

“Gordon Brown has won a Press Complaints Commission ruling that a Sunday Telegraph article claiming he told Rupert Murdoch in a phone conversation that he would “smash the tycoon’s media empire” was inaccurate and misleading.”

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The Guardian, 7th November 2011

Source: www.guardian.co.uk

Clare’s law: Government urged to back campaign – BBC News

Posted November 8th, 2011 in consultations, criminal records, domestic violence, murder, news by sally

“The government has been urged to support a campaign by the father of a Salford woman who was murdered by a man she met on Facebook.”

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BBC News, 7th November 2011

Source: www.bbc.co.uk

Legal aid cuts ‘will undermine pro bono work’ – Law Society’s Gazette

Posted November 8th, 2011 in legal aid, news, pro bono work by sally

“Proposed cuts to legal aid threaten to undermine a decade of pro bono work, the legal profession has warned at the start of the tenth national pro bono week.”

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Law Society’s Gazette, 7th November 2011

Source: www.lawgazette.co.uk

The long arm of online libel laws – The Guardian

Posted November 8th, 2011 in anonymity, bills, defamation, internet, news by sally

“Online publishers may be accountable to the same libel laws as traditional media, but reacting to complaints is not always as straightforward. It is hoped, reports Alex Heshmaty, that a new defamation bill will clarify the process.”

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The Guardian, 7th November 2011

Source: www.guardian.co.uk

Calls for UK laws to be made easier to understand – BBC News

Posted November 8th, 2011 in legal language, legislation, news, parliament by sally

“Peers have called on the government to look at options for making UK legislation easier to understand, including the use of digital technology to present laws in a clearer format.”

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BBC News, 7th November 2011

Source: www.bbc.co.uk

Judge rules on case that exposed Liam Fox and Adam Werritty friendship – The Guardian

Posted November 8th, 2011 in blackmail, damages, ministers' powers and duties, news by sally

“The legal battle that exposed Adam Werritty’s role at the heart of government has been settled by a high court judge.”

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The Guardian, 7th November 2011

Source: www.guardian.co.uk

Court of protection must balance needs of vulnerable with rights of family – The Guardian

Posted November 8th, 2011 in Court of Protection, families, news by sally

2The court of protection’s reputation as a faceless or secretive court is unfair. By their very nature, the cases heard are private to the individuals concerned and their families.”

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The Guardian, 7th November 2011

Source: www.guardian.co.uk

Cyclist’s family fail in bid for new inquest into TV producer’s death – The Guardian

Posted November 8th, 2011 in accidents, appeals, bicycles, inquests, news by sally

“The sister of a TV producer who was crushed by an HGV while cycling through west London has spoken of her dismay after failing in a high court attempt to secure a fresh inquest into her sister’s death. Eilidh Cairns, 30, was cycling in morning rush-hour traffic on 5 February 2009 when a tipper truck knocked her from her bike at Notting Hill Gate. An experienced cyclist, she is believed to have been in front of the lorry and hit from behind in the incident.”

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The Guardian, 7th November 2011

Source: www.guardian.co.uk

Husband in £4m divorce ‘should count himself lucky’ – Daily Telegraph

Posted November 8th, 2011 in appeals, divorce, financial provision, matrimonial home, news by sally

“The question: what are the ‘reasonable needs’ of a 55-year-old divorced woman with one teenage child still living at home? The answer, the appeal court ruled yesterday, is a nine-bedroom country house with 40 acres of parkland, a £1.65 million lump sum and £75,000-a-year child maintenance.”

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Daily Telegraph, 8th November 2011

Source: www.telegraph.co.uk

UK should not waste this opportunity in Strasbourg – The Guardian

Posted November 8th, 2011 in courts, human rights, news by sally

“New British president of the European court of human rights begins as the UK takes over as chair of Council of Europe.”

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The Guardian, 7th November 2011

Source: www.guardian.co.uk