Command Papers – official-documents.gov.uk

Posted November 25th, 2013 in parliamentary papers by tracey

Better workplace pensions: a consultation on charging, Cm 8737  (PDF)

Government response to the consultation Supporting separated families; securing children’s futures, Cm 8742 (PDF)

European Union finances 2013: statement on the 2013 EU budget and measures to counter fraud and financial mismanagement, Cm 8740 (PDF)

Transforming management of young adults in custody, CM 8733 (PDF)

Reshaping workplace pensions for future generations: public consultation, Cm 8710 (PDF)

Protocol of 2002 to the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, 1974: adopted London 1 November 2002, Cm 8760 (PDF)

Partnership and cooperation agreement between the European Union and its member states, of the one part, and the Republic of Iraq, of the other part: Brussels, 11 May 2012, Cm 8753 (PDF)

Source: www.official-documents.gov.uk

Inquiry Impasse, Charter Confusion and Competition Time – The Human Rights Roundup – UK Human Rights Blog

Posted November 25th, 2013 in asylum, detention, EC law, human rights, inquiries, Iraq, news, terrorism, torture by tracey

‘This week, there are criticisms over the delay of inquiries both into the mistreatment of terrorism suspects and the Iraq War. Meanwhile, discussion continues over the relevance of the EU Charter of Fundamental Rights for UK law, and a dying asylum seeker on hunger strike will not be released.’

Full story

UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Man jailed after one million child abuse images discovered – BBC News

Posted November 25th, 2013 in child abuse, indecent photographs of children, news, sentencing, sexual offences by tracey

‘A pensioner who had more than a million child abuse images and filmed his own attacks on young girls has been jailed for 19 years.’

Full story

BBC News, 25th November 2013

Source: www.bbc.co.uk

Islamic “marriage” ceremony at home declared invalid by Court of Protection – UK Human Rights Blog

Posted November 25th, 2013 in Court of Protection, immigration, learning difficulties, marriage, news by tracey

‘A Local Authority v SY [2013] EWHC 3485 COP (12 November 2013].
A judge in the Court of Protection has ruled that a man who had “exploited and took advantage” of a young woman for the purpose of seeking to bolster his immigration appeal had engaged in an invalid marriage ceremony.’

Full story

UK Human Rights Blog, 25th November 2013

Source: www.ukhumanrightsblog.com

Payday loan costs cap unveiled by George Osborne – The Guardian

Posted November 25th, 2013 in debts, interest, loans, news by tracey

‘George Osborne said the cap on the overall cost of credit was the next logical step as the coalition sought to regulate what had been a wholly unregulated market.’

Full story

The Guardian, 25th November 2013

Source: www.guardian.co.uk

Cost-cutting council ‘contributed to death of student’ by switching off street lights – Daily Telegraph

Posted November 25th, 2013 in budgets, inquests, local government, news, road traffic by tracey

‘A coroner has said a council switching off street lights as a cost-cutting measure contributed to the death of a student. The verdict came following an inquest into the death of 18-year-old Warwick University student Archie Wellbelove, who died after he was hit by a taxi on the A452 near Leamington in the early hours of December 7 2012.’

Full story

Daily Telegraph, 25th November 2013

Source: www.telegraph.co.uk

Linking to infringing material may not on its own be an act of copyright infringement, says UK judge – OUT-LAW.com

Posted November 25th, 2013 in copyright, injunctions, internet, media, news by tracey

‘Businesses that merely publish a link on their website to copyright infringing material online may not themselves be liable for copyright infringement, a High Court judge has said.’

Full story

OUT-LAW.com, 22nd November 2013

Source: www.out-law.com

Loan shark father and son ordered to repay £300k+ in assets – Local Government Lawyer

Posted November 25th, 2013 in assets recovery, gambling, loans, money laundering, news, sentencing by tracey

‘A father and son convicted of illegal money lending have been ordered to pay back more than £300,000 in assets.’

Full story

Local Government Lawyer, 25th November 2013

Source: www.localgovernmentlawyer.co.uk

High Court sends clear message to judges on granting relief from sanctions – Litigation Futures

Posted November 25th, 2013 in negligence, news, personal injuries, road traffic, striking out by tracey

‘A High Court judges has sent a strong message to county courts about dealing with applications for relief from sanctions in a case where “a wholesale and flagrant disregard” of directions occurred.’

Full story

Litigation Futures, 25th November 2013

Source: www.www.litigationfutures.com

Legal Services Board publishes results of investigation into Bar Council influence on the BSB – Legal Services Board

‘LSB announcement regarding the conclusion of its investigation into the Bar Council’s failure to comply with the Internal Governance Rules in its dealings with the Bar Standards Board.’

Full press release

Legal Services Board, 25th November 2013

Source: www.legalservicesboard.org.uk

Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court

Posted November 25th, 2013 in causation, contracts, equity, mistake, rectification, restitution, speeches, trusts by tracey

‘Role of Equity in Mistaken Transactions – Speech by the Chancellor of the High Court. ACTAPS lecture 2013, delivered 20th November 2013.’

Full speech

Judiciary of England and Wales, 21st November 2013

Source: www.judiciary.gov.uk

Evaluation of the pilot of Domestic Violence Protection Orders – Home Office

Posted November 25th, 2013 in domestic violence, pilot schemes, press releases, victims by tracey

‘Domestic Violence Protection Orders (DVPOs) were piloted in three police force areas in 2011-12. DVPOs are a new civil provision designed to provide immediate protection for victim-survivors of domestic violence where no other enforceable restrictions can be placed upon the perpetrator. This evaluation of the pilot suggests that DVPOs were generally seen positively by practitioners and victim-survivors and were associated with a reduction in re-victimisation, particularly when used in “chronic” cases.’

Full text

Home Office, 25th November 2013

Source: www.gov.uk/home-office

Disclosure and Barring Service: criminal record checks and referrals – Home Office

Posted November 25th, 2013 in criminal records, employment, press releases, vetting by tracey

‘Disclosure and Barring Service: criminal record checks and referrals – guidance.’

Full guidance

Home Office, 25th November 2013

Source: www.gov.uk/home-office

The Court of Appeal on Cartels and Conflicts – Competition Bulletin from Blackstone Chambers

Posted November 25th, 2013 in appeals, competition, conflict of laws, damages, jurisdiction, news by tracey

‘The Court of Appeal handed down two important decisions last week on the application of conflict of law principles to cartel follow-on damages claims: Deutsche Bahn AG & Ors v Morgan Advanced Materials plc & Ors [2013] EWCA Civ 1484 and Ryanair Limited v Esso Italiana Srl [2013] EWCA Civ 1450. The defendants in each case challenged the jurisdiction of the English courts to hear damages claims arising from their cartel activities.’

Full story

Competition Bulletin from Blackstone Chambers, 24th November 2013

Source: www.competitionbulletin.com

Barrister to be disbarred for prejudicing the administration of justice – Bar Standards Board

Posted November 25th, 2013 in barristers, disciplinary procedures, fees, press releases, professional conduct by tracey

‘A public disciplinary tribunal has ordered the disbarment of a barrister for acting in a way that was prejudicial to the administration of justice, after he failed to comply with orders from a District Judge.’

Full press release

Bar Standards Board, 22nd November 2013

Source: www.barstandardsboard.org.uk

Personal consultation with solicitor must be offered before terror questioning, rules High Court – UK Human Rights Blog

‘Elosta v Commissioner of Police for the Metropolis [2013] EWHC 3397.
The High Court has held that a person detained for questioning under the Terrorism Act 2000 is entitled to consult with a solicitor in person prior to answering questions.’

Full story

UK Human Rights Blog, 24th November 2013

Source: www.ukhumanrightsblog.com

Expensive choices – NearlyLegal

Posted November 25th, 2013 in homelessness, housing, judicial review, local government, news, rent by tracey

‘One of a couple of cases on intentional homelessness and affordability of accommodation.’

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Allocation, Allocation, Allocation – NearlyLegal

‘Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession.”

Full story

NearlyLegal, 24th November 2013

Source: www.nearlylegal.co.uk/blog/

Judicial review proceedings may not be terminated by the government – Court of Appeal – UK Human Rights Blog

Posted November 25th, 2013 in immigration, judicial review, ministers' powers and duties, news, setting aside by tracey

‘Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498. A certificate issued by the Home Secretary under Section 2 C of the Special Immigration Appeals Commission Act 1997 (the “1997 Act”), as inserted by Section 15 of the Justice and Security Act 2013 (“the 2013 Act”), did not terminate existing judicial review proceedings in relation to an exclusion direction which had been certified.’

Full story

UK Human Rights Blog, 22nd November 2013

Source: www.ukhumanrightsblog.com

When is an advert “political” for the purposes of a ban under the Communications Act? – UK Human Rights Blog

Posted November 25th, 2013 in advertising, Christianity, freedom of expression, human rights, media, news by tracey

‘R (on the application of London Christian Radio Ltd & Christian Communications Partnerships) v Radio Advertising Clearance Centre (Respondent) & Secretary of State for Culture, Media and Sport (Interested Party) [2013] EWCA Civ 1495.The ban on Christian Radio’s proposed advert seeking data on the “marginalisation of Christians” in the workplace was lawful and did not constitute an interference with free speech, the Court of Appeal has ruled. When determining whether a radio or television advertisement was “political” fur the purposes of Section 321(2)(b) of the Communications Act 2003 the court should consider the text objectively; the motives of the advertiser were irrelevant.’

Full story

UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com