September 2014 – Current Awareness

To Absent Friends…Part II – RTA Fraud – Zenith PI Blog

Posted September 30th, 2014 in fraud, insurance, mental health, news by tracey

‘Liverpool Victoria Insurance Company Ltd v Thumber [2014] EWHC 3051 (QB). It is worth spending a short time looking at some of the comments made by the judge. By way of a refresher, this was a road traffic accident involving a vehicle valued at £6,000, with credit hire charges of £130,000. The claim was found to be fraudulent, with the Claimant sentenced, in his absence, to 12 months imprisonment, following committal proceedings commenced by the Defendant insurer.’

Full story

Zenith PI Blog, 29th September 2014

Source: www.zenithpi.wordpress.com

Child Rights Impact Assessment on Legal Aid: Particpation work with children and young people – The Children’s Commissioner

Posted September 30th, 2014 in children, legal aid, reports by tracey

‘Child Rights Impact Assessment on Legal Aid: Particpation work with children and young people.’

Full report

The Children’s Commissioner, 24th September 2014

Source: www.childrenscommissioner.gov.uk

Intestacy Now: What you need to know about the Inheritance and Trustees’ Powers Act 2014 – Barristers’ Hub

Posted September 30th, 2014 in intestacy, news, trusts by tracey

It doesn’t take a legal qualification to realise that the Administration of Estates Act 1925 was outdated. A statute which starts the list of a widow’s inheritance entitlement with “carriages, horses, stable furniture and effects” is not at home in a world where last year’s iPhone is considered an antique. Fortunately, from 1st October 2014, the somewhat antediluvian “rules of intestacy” are getting a makeover in the form of The Inheritance and Trustees’ Powers Act 2014, which brings the 1925 Act into the 21st century.’

Full story

Barristers Hub, 29th September 2014

Source: www.barristershub.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 30th, 2014 in legislation by tracey

The Anti-social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 7, Saving and Transitional Provisions) Order 2014

The Children and Families Act 2014 (Commencement No. 4) Order 2014

Source: www.legislation.gov.uk

Top town hall lawyer who praised Hitler keeps his job – Daily Telegraph

Posted September 30th, 2014 in employment tribunals, local government, news, race discrimination, solicitors by tracey

‘A top town hall lawyer is to keep his job despite praising Hitler, winning the nickname “Piggy Eyes” because of the way he ogled women, and making up “inappropriate” nicknames for staff.’

Full story

Daily Telegraph, 29th September 2014

Source: www.telegraph.co.uk

High Court to rule whether boy, 1, should be allowed to die – Daily Telegraph

Posted September 30th, 2014 in anonymity, children, health, human rights, news by tracey

‘A High Court judge is considering whether a critically ill one-year-old boy should be taken off life-support after his father told her that no-one had the right to “take away the privilege of life from him”. ‘

Full story

Daily Telegraph, 29th September 2014

Source: www.telegraph.co.uk

South Yorkshire police under fire for failing to protect vulnerable children – BBC News

Posted September 30th, 2014 in children, news, police, reports, sexual grooming, victims by tracey

‘A police force criticised for turning a blind eye to the sexual exploitation of 1,400 children in Rotherham has been further rebuked for “weaknesses” in its child protection procedures. South Yorkshire police had “limited understanding” of the risk posed by offenders who target vulnerable children, while officers showed an inconsistent response to child sexual exploitation, Her Majesty’s Inspectorate of Constabulary (HMIC) said.’

Full story

BBC News, 30th September 2014

Source: www.bbc.co.uk

Up to 200 ‘dangerous’ GP surgeries face closure under inspection regime – Daily Telegraph

Posted September 30th, 2014 in doctors, health, news, quality assurance by tracey

‘Up to 200 GP surgeries face closure or being placed in special measures for providing potentially dangerous care to thousands of patients, the chief inspector of family doctors has warned.’

Full story

Daily Telegraph, 30th September 2014

Source: www.telegraph.co.uk

Police criticised over handling of stalking victim shot dead by husband – The Guardian

Posted September 29th, 2014 in domestic violence, firearms, harassment, news, ombudsmen, police, professional conduct, stalking, victims by tracey

‘A police force has been criticised for “weaknesses and shortcomings” in the way it handled fears raised by a stalking victim before she was shot dead by her estranged husband.’

Full story

The Guardian, 29th September 2014

Source: www.guardian.co.uk

Dave Lee Travis indecent assault sentence to be reviewed – The Guardian

Posted September 29th, 2014 in attorney general, complaints, Crown Prosecution Service, health, news, sentencing, sexual offences, suspended sentences by tracey

‘The attorney general’s office is to review the three-month suspended sentence given to the former BBC Radio 1 DJ Dave Lee Travis for indecent assault.’

Full story

The Guardian, 29th September 2014

Source: www.guardian.co.uk

Open Consultation – Transforming legal aid: crime duty contracts – Ministry of Justice

Posted September 29th, 2014 in consultations, contracts, Law Society, legal aid, Ministry of Justice, solicitors by tracey

‘A consultation on reports undertaken by Otterburn Legal Consulting and KPMG in relation to the proposed duty work contracts for criminal legal aid services.’

Full consultation

Ministry of Justice, 24th September

Source: https://www.gov.uk/government/organisations/ministry-of-justice

Peter Nunn jailed for abusive tweets to MP Stella Creasy – The Guardian

Posted September 29th, 2014 in harassment, internet, malicious communications, news, sentencing by tracey

‘Court sentences man to 18 weeks’ jail for bombarding politician with abuse on Twitter over Jane Austen £10 note campaign’

Full story

The Guardian, 29th September 2014

Source: www.guardian.co.uk

Competition watchdog bans deals between motor insurance and price comparison websites – OUT-LAW.com

Posted September 29th, 2014 in competition, consumer protection, electronic commerce, insurance, internet, news, ombudsmen by tracey

‘Exclusive pricing deals between car insurance providers and price comparison websites (PCWs) will be banned, the UK’s competition watchdog has confirmed, as part of its plans to increase competition and reduce the cost of insurance premiums for drivers.’

Full story

OUT-LAW.com, 26th September 2014

Source: www.out-law.com

Legal Aid Challenge Success, Assisted Suicide and the Future of UK Human Rights – the Human Rights Roundup – UK Human Rights Blog

Posted September 29th, 2014 in appeals, assisted suicide, closed material, contracts, Crown Prosecution Service, human rights, legal aid, media, news, prisons, prosecutions, sexual offences, solicitors, terrorism by tracey

‘This week, the Conservative Party will unveil its plans for human rights reform in the UK. In other news, Chris Grayling’s decision to drastically reduce the number of legal aid contacts granted is successfully challenged, while a prosecution for assisted suicide keeps the assisted dying debate alive.’

Full story

UK Human Rights Blog, 28th September 2014

Source: www.ukhumanrightsblog.com

They don’t shoot horse riders, do they? – Sports Law Bulletin from Blackstone Chambers

Posted September 29th, 2014 in appeals, disciplinary procedures, drug offences, horse racing, news, sport by tracey

‘Afficionados of Sherlock Holmes will recall “The Adventure of Silver Blaze”, a tale of horse nobbling and dark deeds amidst the turf fanciers of late Victorian England. “Silver Blaze” (incidentally the only Holmes story to feature a deerstalker cap, and that only in an accompanying illustration) is a story in which the question of custody of the horse is all important, and is best known for the curious incident of the dog in the night-time. The curious incident is that the dog did nothing (it had been doped, using curried mutton – not a frequently encountered doping agent in modern sporting life) , and nothing is also what the rider of the horse did in Turner v British Equestrian Federation (SR/0000120209, 1 August 2014). Nothing wrong, that is.’

Full story

Sports Law Bulletin from Blackstone Chambers, 25th September 2014

Source: www.sportslawbulletin.org

Law firm wins injunction against former client over online harassment – Legal Futures

Posted September 29th, 2014 in defamation, freedom of expression, harassment, injunctions, internet, law firms, news by tracey

‘A law firm has won an injunction against a former client who set up websites about the firm with its name in the URL, after the High Court deemed his actions to be harassment.’

Full story

Legal Futures, 29th September 2014

Source: www.legalfutures.co.uk

Applications to the Biometrics Commissioner under PACE – Home Office

Posted September 29th, 2014 in codes of practice, data protection, DNA, evidence, fingerprints, news, police by tracey

‘Guidance for chief police officers when considering whether to make an application to the Commissioner for the retention and use of biometric material.’

Full text

Home Office, 26th September 2014

Source: www.gov.uk/home-office

Bogdanic v Secretary of State for Home Department – WLR Daily

Posted September 29th, 2014 in appeals, immigration, interpretation, law reports by tracey

Bogdanic v Secretary of State for Home Department: [2014] EWHC 2872 (QB); [2014] WLR (D) 401

‘The Nationality, Immigration and Asylum Act 2002 (Commencement No 1) Order 2002 should be construed as having the effect that section 125 of, and Schedule 8 to, the Nationality, Immigration and Asylum Act 2002 came into force on 8 December 2002 for the purpose of clandestine entrants who arrived in the United Kingdom or in a prescribed immigration control zone concealed in a vehicle or a rail freight wagon.’

WLR Daily, 29th August 2014

Source: www.iclr.co.uk