Peterborough sex gang jailed for total of 54 years – The Independent

Posted February 20th, 2014 in child abuse, gangs, news, rape, sentencing, sexual grooming, sexual offences, young offenders by sally

‘Members of a child sex gang responsible for raping and sexually abusing girls as young as 12 in Peterborough were jailed at the Old Bailey today.’

Full story

The Independent, 20th February 2014

Source: www.independent.co.uk

Pre-nuptial agreements – legal endorsement round the corner? – Halsbury’s Law Exchange

Posted February 20th, 2014 in divorce, married persons, news, prenuptial agreements by sally

‘The law in respect of pre-nuptial agreements is developing rapidly.

Parties have always been free to make their own agreements or arrangements in the past, but it has been an established truth that you cannot oust the jurisdiction of the court.’

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Halsbury’s Law Exchange, 20th February 2014

Source: www.halsburyslawexchange.co.uk

High Court ruling means that challenges to arbitral awards in court remain difficult if parties have agreed to arbitrate, says expert – OUT-LAW.com

Posted February 20th, 2014 in appeals, arbitration, construction industry, news, tribunals by michael

‘A recent decision by the Technology and Construction division of the High Court has underlined how unlikely it is that a court will interfere with an award made by an arbitration tribunal.’

Full story

OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Whole life appeal – not quite a “victory” over Strasbourg – Halsbury’s Law Exchange

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘On 18 February 2014, a specially constituted five-judge Court of Appeal (Criminal Division) handed down its judgment in the latest (but not necessarily the last) round of the Westminster vs Strasbourg battle over whole life tariffs. Much has been written already about the effect of the judgment. Some of it of questionable accuracy, quality and usefulness. [ … ] This article will attempt to provide a concise summary of the issues and effect of the judgment.’

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Halsbury’s Law Exchange, 19th February 2014

Souce: www.halsburyslawexchange.co.uk

“Golly Costume” pictures taken down following Advertising Standards Authority ruling – Independent

Posted February 20th, 2014 in advertising, complaints, news, racism by michael

‘Jokers’ Masquerade, a fancy dress online retailer, has been ordered by the Advertising Standards Authority (ASA) to take down the pictures of its “golly” costumes from its website.

The ASA found the depiction of the costume to be racist. It ruled the pictures had to be taken down from the website under rule 4.1 of the Committee of Advertising Practice (CAP) code, which stipulates “marketing communications must not contain anything that is likely to cause serious or widespread offence”.’

Full story

Independent, 19th February 2014

Source: www.independent.co.uk

British couple lose their battle against extradition to the US – Daily Telegraph

Posted February 20th, 2014 in extradition, fraud, money laundering, news by michael

‘A British couple who have lost their High Court fight against extradition to the US over an alleged work expenses fraud have said that the “injustice is too much to bear”.’

Full story

Daily Telegraph, 20th February 2014

Source: www.telegraph.co.uk

Sex claim victims are not money grabbers, says DPP – Daily Telegraph

‘Alison Saunders, the Director of Public Prosecutions, has strongly defended   the prosecutions that have followed the Jimmy Savile scandal and said she intends to keep pursuing such cases.’

Full story

Daily Telegraph, 20th February 2014

Source: www.telegraph.co.uk

C1 bus strangler sentenced to eight years in prison – BBC News

Posted February 20th, 2014 in attempted murder, attempts, closed circuit television, murder, news, sentencing by michael

‘A man who strangled a passenger until he passed out on a crowded bus has been sentenced to eight years in prison.’

Full story

BBC News, 19th February 2014

Source: www.bbc.co.uk

Strasbourg law does not prevent the imposition of whole life orders for “heinous” crimes – UK Human Rights Blog

Posted February 20th, 2014 in appeals, human rights, murder, news, sentencing by michael

‘The Court of Appeal has today [18 February] ruled that judges can continue to impose whole life orders in accordance with Schedule 21 of the Criminal Justice Act 2003. On the facts of two individual cases, the Court increased the sentence of Ian McLoughlin to one of a whole life term for the murder of Graham Buck. The Court dismissed an appeal by Lee Newell against his whole life order for the murder of Subhan Anwar.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

David Miranda challenge dismissed in High Court – UK Human Rights Blog

‘The High Court has rejected all the arguments supporting David Miranda’s application for judicial review of his detention at Heathrow Airport in August last year. In a highly readable and pungent judgment, Laws LJ has some robust things to say about the vaunting of journalistic interests over public security in the guise of Article 10, and the “mission creep” of requirements demanded by the courts for state action to be considered “proportionate”.’

Full story

UK Human Rights Blog, 19th February 2014

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted February 19th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

McLoughlin, R. v [2014] EWCA Crim 188 (18 February 2014)

Court of Appeal (Civil Division)

Barnwell Manor Wind Energy Ltd v East Northamptonshire District Council & Ors [2014] EWCA Civ 137 (18 February 2014)

Cornwall Council, R (on the application of) v Secretary of State for Health & Ors [2014] EWCA Civ 12 (18 February 2014)

High Court (Queen’s Bench Division)

Ontulmus & Ors v Collett & Ors [2014] EWHC 294 (QB) (18 February 2014)

Webley v St George’s Hospital NHS Trust & Anor [2014] EWHC 299 (QB) (14 February 2014)

High Court (Administrative Court)

Walker v The Secretary for State for Education [2014] EWHC 267 (Admin) (14 February 2014)

Decker, R (On the Application Of) v Secretary of State for the Home Department & Anor [2014] EWHC 354 (Admin) (19 February 2014)

Hiri v Secretary of State for the Home Department [2014] EWHC 254 (Admin) (18 February 2014)

Performance Retail Ltd Partnership v Eastbourne Borough Council & Anor [2014] EWHC 102 (Admin) (18 February 2014)

Source: www.bailii.org

Loss of capacity does not automatically terminate solicitor’s retainer – UK Human Rights Blog

‘Upholding the rights of individuals who lack the mental capacity to conduct proceedings can be a minefield for the unwary or even, as shown by this case, the wary. The point at issue before the court was whether, where a party loses mental capacity in the course of proceedings, such loss of capacity has the automatic and immediate effect of terminating their solicitor’s retainer.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

Couple in custody feud told: ‘sit down and have a cup of tea’ – Daily Telegraph

Posted February 19th, 2014 in children, custody, dispute resolution, news by sally

‘Man and woman embroiled in years of legal action over children suggested by judge to “sit down around the kitchen table”.’

Full story

Daily Telegraph, 19th February 2014

Source: www.telegraph.co.uk

Insolvency practitioners to be prevented from charging by the hour under new proposals – OUT-LAW.com

‘Administrators and other insolvency practitioners (IPs) could be prevented from charging an hourly rate for their services and could instead have to base their fees on a percentage of property dealt with under plans put forward for consultation by the Government.’

Full story

OUT-LAW.com, 19th February 2014

Source: www.out-law.com

Aarhus: CJEU rules against UK costs regime – UK Human Rights Blog

‘Litigation costs are troublesome, but they are particularly difficult in environmental cases where the claimant is not necessarily pursuing his private interests. This case is the result of a long-running and successful campaign by NGOs to persuade the EU Commission to investigate UK environmental legal costs. The main finding may not bother the UK too much, because wisely it saw this one coming and changed costs rules in environmental public law cases. But a subsidiary ruling about cross-undertakings as to damages will cause the courts, if not the Government, to rethink things.’

Full story

UK Human Rights Blog, 18th February 2014

Source: www.ukhumanrightsblog.com

A ton of new QCs hit the courts – Litigation Futures

Posted February 19th, 2014 in barristers, diversity, news, queen's counsel, solicitor advocates, statistics by sally

‘Exactly 100 advocates – made up of 95 barristers and five solicitors – were today named in the annual silk round.’

Full story

Litigation Futures, 19th February 2014

Source: www.litigationfutures.co.uk

OFT warns universities about sanctions on students in debt – The Guardian

Posted February 19th, 2014 in consumer protection, debts, disciplinary procedures, news, ombudsmen, universities by sally

‘The Office of Fair Trading has written to more than 170 universities and other higher education groups warning that the widespread practice of stopping students graduating or continuing with their course if they owe money over issues such as late library books or childcare services could breach consumer laws.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk

Bedrooms and a family home – NearlyLegal

Posted February 19th, 2014 in appeals, benefits, children, families, housing, human rights, local government, news, tribunals by sally

‘A new First Tier Tribunal bedroom tax appeal decision from Liverpool, again a successful one, and this time on wholly new grounds.’

Full story

NearlyLegal, 18th February 2014

Source: www.nearlylegal.co.uk

Food for thought: is an unauthorised photo of your restaurant meal an IP breach? – Legal Week

Posted February 19th, 2014 in consent, food, intellectual property, internet, misrepresentation, news, photography by sally

‘I do it. My friends do it. And I suspect that you’ve occasionally done it. It is what is colloquially referred to as ‘food porn’ – the salivating over restaurant menus online in preparation for a meal and then, depending on your social media connectedness, the Instagram shot of what you are about to devour.

One would think the broadcasting of delicious delicacies by diners would be welcomed by chefs and restaurateurs as free advertising of their wares. Not so. France TV Info reports that Gilles Goujon, who operates a three-starred restaurant called L’Auberge du vieux Puits in the south of France declares that such activities are not only poor etiquette (fair enough) but, when his dishes appear online, it takes away “a little bit of my intellectual property”. The BBC reports that another chef in La Madelaine-sous-Montreuil in the north of France has also inserted a ‘no camera’ provision on his menus.’

Full story

Legal Week, 18th February 2014

Source: www.legalweek.co.uk

Detained David Miranda loses legal battle – BBC News

‘David Miranda has lost his legal challenge over his detention at Heathrow Airport under anti-terrorism powers.’

Full story

BBC News, 19th February 2014

Source: www.bbc.co.uk