European court says UK ban on prisoners voting ‘breaches their human rights’ – but won’t grant them compensation – The Independent

Posted August 13th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Britain’s blanket ban denying all prisoners the vote is a breach of human rights, European judges have ruled – but those jailed will not receive any costs or compensation.’

Full story

The Independent, 12th August 2014

Source: www.independent.co.uk

Extremist jailed for possessing terrorist material and evading justice – The Guardian

Posted August 12th, 2014 in bail, news, passports, sentencing, terrorism by sally

‘An extremist convicted of trying to flee the country after he was caught with terrorist material on his computer has been jailed for a total of two years and seven months.’

Full story

The Guardian, 12th August 2014

Source: www.guardian.co.uk

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) – WLR Daily

Posted August 12th, 2014 in appeals, contracts, insurance, law reports, ships, warranties by sally

Amlin Corporate Member Ltd and others v Oriental Assurance Corpn (No 2) [2014] EWCA Civ 1135; [2014] WLR (D) 373

‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) – WLR Daily

In re X and others (Court of Protection Guidance: Deprivation of Liberty Cases) [2014] EWCOP 25; [2014] WLR (D) 376

‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Erlam and others v Rahman and another – WLR Daily

Posted August 12th, 2014 in corruption, elections, law reports, local government by sally

Erlam and others v Rahman and another [2014] EWHC 2766 (Admin); [2014] WLR (D) 374

‘Non-compliance with the requirement in rule 4(1) of the Election Petition Rules 1960 for “setting out with sufficient particularity the facts relied on” did not render the petition a nullity, or compel its dismissal; the court had power under the CPR or its inherent jurisdiction to order the provision of further particulars to remedy the default.’

WLR Daily, 7th August 2014

Source: www.iclr.co.uk

Q v Q; In re B (A Child); In re C (A Child) – WLR Daily

Posted August 12th, 2014 in appeals, children, law reports, legal aid by sally

Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372

‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’

WLR Daily, 6th August 2014

Source: www.iclr.co.uk

Ordinary Residence: Can the ‘Shah test’ survive after Re A and the Cornwall Council case? – Family Law Week

Posted August 12th, 2014 in appeals, children, mental health, news, residence orders, Supreme Court by sally

‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’

Full story

Family Law Week, 12th August 2014

Source: www.familylawweek.co.uk

Finance & Divorce Update – Family Law Week

Posted August 12th, 2014 in divorce, financial provision, news by sally

‘Jessica Craigs, senior solicitor with Mills & Reeve LLP analyses the financial remedies and divorce news and cases published in July.’

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Family Law Week, 11th August 2014

Source: www.familylawweek.co.uk

The role of judges in human rights jurisprudence: a comparison of the Australian and UK experience – Speech by Lord Neuberger

Posted August 12th, 2014 in human rights, judges, judiciary, news, speeches by sally

The role of judges in human rights jurisprudence: a comparison of the Australian and UK experience (PDF)

Lord Neuberger

Supreme Court of Victoria, Melbourne, 8th August 2014

Source: www.supremecourt.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 12th, 2014 in legislation by sally

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 5) Order 2014

The Childcare (Childminder Agencies) (Miscellaneous Amendments) Regulations 2014

The Childcare (Childminder Agencies) (Cancellation etc.) Regulations 2014

The Childcare (Childminder Agencies) (Registration, Inspection and Supply and Disclosure of Information) Regulations 2014

The Tribunal Procedure (Amendment No. 3) Rules 2014

Source: www.legislation.gov.uk

UK prisoners denied the vote should not be paid compensation, ECHR rules – The Guardian

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European court of human rights (ECHR) has ruled that prisoners who have not been allowed to vote should not be paid compensation.’

Full story

The Guardian, 12th August 2014

Source: www.guardian.co.uk

Tax barristers should report colleagues who break rules, Davies says – Legal Futures

‘Tax barristers who have evidence of colleagues breaking the rules should report it to the Bar Standards Board (BSB), chief executive Dr Vanessa Davies has said.’

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Legal Futures, 12th August 2014

Source: www.legalfutures.co.uk

Robbers who threatened boy with axe jailed – BBC News

Posted August 12th, 2014 in news, offensive weapons, robbery, sentencing, threatening behaviour by sally

‘Three men have been jailed for a series of robberies across the Midlands, including one in which they held an axe to the throat of a nine-year-old boy.’

Full story

BBC News, 11th August 2014

Source: www.bbc.co.uk

Daniel Palmer found guilty of Portuguese man’s murder – BBC News

Posted August 12th, 2014 in alcohol abuse, closed circuit television, DNA, murder, news, sentencing by sally

‘A man has been found guilty of the murder of a Portuguese immigrant who was about to travel home after failing to find work in the UK.’

Full story

BBC News, 11th August 2014

Source: www.bbc.co.uk

Two men cleared of manslaughter after slimmer died from drinking weedkiller – The Guardian

‘Two men have been cleared of the manslaughter of a slimmer who died after drinking weedkiller that was given to him as a weight-loss aid at his local gym.’

Full story

The Guardian, 11th August 2014

Source: www.guardian.co.uk

Abolishing prison sentences for drug users: sensible or a step too far? – Halsbury’s Law Exchange

Posted August 12th, 2014 in drug abuse, health, imprisonment, news, rehabilitation, sentencing by sally

‘Nick Clegg announced last week that a pledge to abolish prison sentences for the possession of drugs for personal use will form part of the Liberal Democrat’s manifesto for the next election. The manifesto commitment would include a promise to move the drug policy lead from the Home Office to the Department of Health, and would seek to divert users into treatment for their addiction, community sentences, or to civil penalties that do not attract a criminal record. The plans would even extend to the possession of Class A substances such as heroin and crack cocaine. This is a controversial proposal, but does it have merit?’

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Halsbury’s Law Exchange, 11th August 2014

Source: www.halsburyslawexchange.co.uk

Judges ‘too ready’ to follow Strasbourg rulings, says Lord Neuberger – Daily Telegraph

Posted August 12th, 2014 in courts, judges, judiciary, news, speeches by sally

‘President of the Supreme Court admits ‘we should be more ready not to follow’ European Court of Human Rights.’

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Daily Telegraph, 11th August 2014

Source: www.telegraph.co.uk

Strasbourg payout ruling due on jail vote ban – BBC News

Posted August 12th, 2014 in compensation, courts, elections, electoral register, human rights, news, prisons by sally

‘The European Court of Human Rights (ECHR) is due to rule on whether prisoners who have been denied the vote should get compensation.’

Full story

BBC News, 12th August 2014

Source: www.bbc.co.uk

Justice Secretary Chris Grayling’s policy ‘responsible for prisoner suicides’ – The Independent

Posted August 12th, 2014 in news, prisons, reports, suicide by sally

‘Chief Inspector slams Justice Secretary for failures on staffing and overcrowding.’

Full story

The Independent, 11th August 2014

Source: www.independent.co.uk

Gang leader loses court battle over crime debt – The Guardian

‘A “retired” high-profile criminal has lost a high court battle over how much he has to pay back from his days of crime.’

Full story

The Guardian, 11th August 2014

Source: www.guardian.co.uk