Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Bar Council chairman: further legal aid cuts would be false economy – The Guardian

Posted January 29th, 2014 in barristers, budgets, criminal justice, fees, legal aid, miscarriage of justice, news by sally

‘There will be too few experienced barristers to deal with complex criminal cases if the government pushes through proposals for further cuts to legal aid, the new chairman of the Bar Council has warned.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

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Panopticon, 28th January 2014

Source: www.panopticonblog.com

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

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The Independent, 29th January 2014

Source: www.independent.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

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OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Legal aid lawyers form new group to oppose cuts – Law Society’s Gazette

Posted January 29th, 2014 in barristers, budgets, demonstrations, legal aid, news, solicitors by sally

‘Groups representing legal aid lawyers have formed a new campaign group to oppose fresh cuts in funding.’

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Law Society’s Gazette, 28th January 2014

Source: www.lawgazette.co.uk

Killer Paul Smith’s appeal rejected in Rosie May murder case – BBC News

Posted January 29th, 2014 in appeals, causing death of children or vulnerable adults, murder, news by sally

‘A man who killed a 10-year-old girl at a Christmas party in 2003 has lost an appeal against his conviction and sentence.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

Woman ordered to stop posting images of two-year-old granddaughter in Facebook ‘campaign’ after she was taken into care – The Independent

Posted January 28th, 2014 in anonymity, care orders, children, grandparents, news by sally

‘A woman has been ordered to stop an online “campaign” against a court’s decision to take her two-year-old granddaughter into care.’

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The Independent, 28th January 2014

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2014 in legislation by sally

The Non-Domestic Rating (Designated Areas) Regulations 2014

The Costs in Criminal Cases (Legal Costs) (Exceptions) Regulations 2014

The Civil Legal Aid (Merits Criteria) (Amendment) Regulations 2014

The Uplands Transitional Payment Regulations 2014

Source: www.legislation.gov.uk

Ian Watkins verdict: How did he coerce Woman A and Woman B? – Barristers’ Hub

Posted January 28th, 2014 in child abuse, duress, harassment, news by sally

‘Ian Watkins was sentenced to 35 years’ imprisonment for a series of child sex offences, including the attempted rape of a baby, on the 18th of December 2013. His co-defendants, known as Woman A and Woman B, also received lengthy custodial sentences: 14 years and 17 years respectively.’

Full story

Barristers’ Hub, 27th January 2014

Source: www.barristershub.co.uk

BAILII: Recent Decisions

Posted January 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Harvey & Ors, R v [2014] EWCA Crim 54 (24 January 2014)

Court of Appeal (Civil Division)

Core Issues Trust, R (On the Application Of) v Transport for London & Anor [2014] EWCA Civ 34 (27 January 2014)

C v North Cumbria University Hospitals NHS Trust (Rev 1) [2014] EWHC 61 (QB) (23 January 2014)

Tracey, R (on the application of) v Cambridge University Hospitals NHS Foundation Trust & Ors [2014] EWCA Civ 33 (24 January 2014)

ZZ v Secretary of State for the Home Department [2014] EWCA Civ 7 (24 January 2014)

S (A Child) , Re [2014] EWCA Civ 25 (24 January 2014)

Rajaratnam v Secretary of State for the Home Department [2014] EWCA Civ 8 (24 January 2014)

Miller v Associated Newspapers Ltd [2014] EWCA Civ 39 (24 January 2014)

High Court (Administrative Court)

Mohammed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 98 (Admin) (27 January 2014)

Miller Homes Limited, R (On the Application Of) v Leeds City Council [2014] EWHC 82 (Admin) (27 January 2014)

Department of Work and Pensions v Kole- Emmanuel [2013] EWHC 4368 (Admin) (26 June 2013)

Islington Borough Council v Secretary of State for Communities And Local Government & Anor [2014] EWHC 62 (Admin) (24 January 2014)

South Yorkshire Police, R (on the application of) v Sheffield Crown Court & Anor [2014] EWHC 81 (Admin) (24 January 2014)

Chowdhury, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 59 (Admin) (24 January 2014)

Trafford v Blackpool Borough Council [2014] EWHC 85 (Admin) (24 January 2014)

Source: www.bailii.org

Childhood memories can be deceptive – Daily Telegraph

Posted January 28th, 2014 in children, news, witnesses by sally

‘The brain may fill in gaps when it cannot remember details from childhood, according to study which could have important implications for court cases.’

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Daily Telegraph, 28th January 2014

Source: www.telegraph.co.uk

Escalating legal fees – why family judges need to “get a grip” – Halsbury’s Law Exchange

Posted January 28th, 2014 in case management, civil procedure rules, costs, family courts, fees, news by sally

‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’

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Halsbury’s Law Exchange, 27th January 2014

Source: www.halsburyslawexchange.co.uk

Man and woman jailed for trafficking two prostitutes – BBC News

Posted January 28th, 2014 in news, prostitution, sentencing, trafficking in human beings by sally

‘A man and a woman have been jailed for trafficking two Czech women to Cardiff to work as prostitutes.’

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BBC News, 27th January 2014

Source: www.bbc.co.uk

Baby dies of rickets from vegetarian mother – Daily Telegraph

Posted January 28th, 2014 in child cruelty, Christianity, food, guilty pleas, health, homicide, news, vegetarianism by sally

‘Couple told they could face jail after admitting manslaughter of their son Ndingeko, who died from rickets after his parents insisted on strict eating regime as part of their religion.’

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Daily Telegraph, 27th January 2014

Source: www.telegraph.co.uk

Missing terrorist suspect appeals against movement restriction – The Guardian

‘A terrorist suspect who went missing after changing into a burka at a mosque has begun an appeal against measures taken against him to protect the public.’

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The Guardian, 27th January 2014

Source: www.guardian.co.uk

Met Police custody healthcare a ‘major problem’ – BBC News

Posted January 28th, 2014 in death in custody, detention, duty of care, health, London, news, nurses, police, reports by sally

‘The Met Police is struggling to provide adequate medical staffing to assess and treat detainees in their custody, according to a new report.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

Prosecutors ‘behaving ludicrously’ in case of alleged undercover officer – The Guardian

Posted January 28th, 2014 in assault, miscarriage of justice, news, police, private hearings, prosecutions by sally

‘Prosecutors have been accused of behaving “ludicrously” by concealing the cause of a miscarriage of justice in which an undercover police officer is alleged to have used his fake identity in court to hide his covert infiltration.’

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The Guardian, 27th January 2014

Source: www.guardian.co.uk

Veiled Muslim woman will not give evidence – Daily Telegraph

Posted January 28th, 2014 in evidence, freedom of expression, intimidation, Islam, news by sally

‘Woman on trial on witness intimidation charges who was told to remove full-face veil if she wanted to take to the witness box decides not to give evidence.’

Full story

Daily Telegraph, 27th January 2014

Source: www.telegraph.co.uk