Month: December 2014

The pitfalls of sale and rent back – New Square Chambers

Posted December 3rd, 2014 in fraud, housing, landlord & tenant, loans, mortgages, news, sale of land, Supreme Court by sally

‘The Supreme Court has confirmed the risks of sale and rent back arrangements in Southern Pacific Mortgages Ltd v Scott [2014] UKSC 52. Mrs Scott was the vendor in a sale and rent back. Against her knowledge the purchaser had obtained a mortgage to fund the purchase of her home and defaulted, causing it to be repossessed. She was unsuccessful in arguing that her lease took priority to the mortgage.’

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New Square Chambers, 28th November 2014

Source: www.newsquarechambers.co.uk

Effect of rectification of the register under the Land Registration Act 2002 – New Square Chambers

Posted December 3rd, 2014 in appeals, land registration, news, rectification, restrictive covenants by sally

‘Gold Harp Properties Ltd v Macleod & Others [2014] EWCA Civ 1084 is a very important Court of Appeal decision explaining the effect of rectification of the register following a mistake. The effect on the priority of interests created after the mistake but before the rectification is different from what many in the profession thought it was.’

Full story (PDF)

New Square Chambers, 28th November 2014

Source: www.newsquarechambers.co.uk

Foreign Travel Orders by Madeleine Wolfe – One Inner Temple Lane

Posted December 3rd, 2014 in child abuse, children, foreign jurisdictions, news, sexual offences by sally

‘Sections 114 to 122 of the Sexual Offences Act 2003 (SOA) introduced Foreign Travel Orders (FTO) to assist in the disruption of behaviour of those who sexually offend against children in extra jurisdictional territories. They are civil orders enabling the courts in certain circumstances to prohibit those convicted of the sexual abuse of children under 16 years of age, from travelling overseas, where there is evidence that they intend to cause serious sexual harm to children in a foreign country.’

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One Inner Temple Lane, 19th November 2014

Source: www.1itl.com

Boundaries And The Interpretation Of Conveyances: Myths And Legends – No. 5 Chambers

Posted December 3rd, 2014 in boundaries, conveyancing, dispute resolution, evidence, interpretation, news by sally

‘The aim of this seminar is to examine a number of commonly held misconceptions about boundary interpretation – “the myths” – and to look at one or two legends along the way.’

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No. 5 Chambers, 28th November 2014

Source: www.no5.com

Child abuse database containing millions of images to launch – BBC News

Posted December 3rd, 2014 in child abuse, computer crime, computer programs, indecent photographs of children, news, police, victims, video recordings by sally

‘Data taken from tens of millions of child abuse photos and videos will shortly be used as part of a new police system to aid investigations into suspected paedophiles across the UK.’

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BBC News, 2nd December 2014

Source: www.bbc.co.uk

Ched Evans: Release, Retribution and Rehabilitation – Littleton Chambers

Posted December 3rd, 2014 in appeals, Criminal Cases Review Commission, employment, news, prisons, rape, rehabilitation, sentencing, sport, victims by sally

‘In April 2012 Ched Evans, the former Wales and Sheffield United striker, was convicted of raping a 19-year-old woman in a hotel room in Rhyl, Denbighshire. It is a shocking and a wholly unacceptable crime for him to have committed.’

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Littleton Chambers, 1st December 2014

Source: www.littletonchambers.com

Determined deterrence – what next? – White Collar Crime Blog

Posted December 3rd, 2014 in banking, financial regulation, fines, markets, news, sentencing by sally

‘The FCA’s Penalty Notices in the recent Spot FX Trading Investigation totalling £1.1 Bn set out very careful and thorough explanations of how the respective Penalties have been reached, identifying the relevant guidance and breaches of Principle. In the FCA’s Final Notice for Citibank for example, following the principles and guidance in the FCA’s Decision Procedures and Penalties Manual, the FCA expressly referred to five criteria: the need for “credible deterrence”, the nature, seriousness and impact of the breach, failures to respond adequately as regards conduct against the context of the LIBOR enforcement actions, Citibank’s previous disciplinary record and the discount applicable for settling terms “at an early stage of the Authority’s investigation”.’

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White Collar Crime Blog, 28th November 2014

Source: www.2harecourt.com

Chris Grayling to press ahead with probation service privatisation – The Guardian

Posted December 3rd, 2014 in murder, news, probation, public private partnerships, rehabilitation, trade unions by sally

‘The justice secretary, Chris Grayling, has told MPs he will press ahead with a decision on Wednesday to privatise the probation service, despite renewed public safety concerns and before the outcome of a high court challenge next week.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Lawyers and their Regulators: What Next? – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, alternative business structures, barristers, crime, foreign jurisdictions, inns of court, legal aid, legal education, legal profession, legal services, Legal Services Board, news, pro bono work, regulations, reports, rule of law, solicitors, Solicitors Regulation Authority, speeches by sally

Lawyers and their Regulators: What Next? (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 24th November 2014

Source: www.barcouncil.org.uk

LSB approves BSB’s application to regulate entities – Bar Standards Board

Posted December 3rd, 2014 in barristers, fees, legal profession, legal services, Legal Services Board, news, regulations, solicitors by sally

‘The Bar Standards Board (BSB) is pleased to confirm that its application to the Legal Services Board (LSB) to become a regulator of entities – businesses authorised to carry out and provide reserved legal activities – has been approved.’

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Bar Standards Board, 2nd December 2014

Source: www.barstandardsboard.org.uk

Judge criticises National Crime Agency over collapse of fraud trial – The Guardian

Posted December 3rd, 2014 in evidence, fraud, judges, juries, money laundering, national crime agency, negligence, news, trials by sally

‘The National Crime Agency has been labelled “incompetent” by an Old Bailey judge after a series of blunders led to the collapse of a £5m trial.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) – Supreme Court

Posted December 3rd, 2014 in damages, housing, landlord & tenant, law reports by sally

Loveridge (Appellant) v Mayor and Burgesses of the London Borough of Lambeth (Respondent) [2014] UKSC 65 (YouTube)

Supreme Court, 3rd December 2014

Source: www.youtube.com/user/UKSupremeCourt

Speech to the Bar Conference – Nicholas Lavender QC, Chairman of the Bar Council

Posted December 3rd, 2014 in advocacy, barristers, employment, families, family courts, foreign jurisdictions, housing, legal aid, legal history, legal profession, legal services, litigants in person, news, pro bono work, regulations, speeches, trials by sally

Speech to the Bar Conference (PDF)

Nicholas Lavender QC, Chairman of the Bar Council

The Bar Council, 8th November 2014

Source: www.barcouncil.org.uk

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law – Speech by Lord Chief Justice

Posted December 3rd, 2014 in assisted suicide, constitutional reform, criminal justice, devolution, disclosure, EC law, electronic mail, judicial appointments commission, judiciary, lord chancellor, parliament, rule of law, select committees, speeches, Supreme Court by sally

The Judiciary, the Executive and Parliament: Relationships and the Rule of Law (PDF)

Speech by Lord Chief Justice

Institute for Government, 1st December 2014

Source: www.judiciary.gov.uk

European court: asking asylum seekers to prove sexuality is breach of human rights – Daily Telegraph

Posted December 3rd, 2014 in asylum, EC law, homosexuality, human rights, news, proof by sally

‘European Court of Justice rules accepting video evidence in asylum cases that hinge on sexuality is a breach of human rights.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Jimmy Mubenga’s final moments acted out before Old Bailey jury – The Guardian

Posted December 3rd, 2014 in aircraft, airports, deportation, homicide, news, police, restraint, trials by sally

‘The wife of an Angolan man who died as he was being deported from the UK broke down in court as a G4S guard described her husband’s last moments.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

109 women prosecuted for false rape claims over the last five years – Daily Telegraph

Posted December 3rd, 2014 in domestic violence, miscarriage of justice, news, perverting the course of justice, prosecutions, rape, whistleblowers, women by sally

‘A number of women who report rapes are being ‘aggressively prosecuted’ by the police for perverting the course of justice, according to campaign group Women Against Rape.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk

Why do we ignore the mental health aspects of crime? – BBC News

Posted December 3rd, 2014 in crime, homicide, inquests, mental health, murder, news, prisons, suicide, teachers, violence, young offenders by sally

‘When 16-year-old Will Cornick admitted murdering the schoolteacher Ann Maguire, the reaction was one of shock and bewilderment.’

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BBC News, 3rd December 2014

Source: www.bbc.co.uk

Couple launch legal challenge against ban on heterosexual civil partnerships – The Guardian

Posted December 3rd, 2014 in civil partnerships, cohabitation, judicial review, marriage, news, sexual orientation discrimination by sally

‘Rebecca Steinfeld and Charles Keidan launch judicial review after trying to hold ceremony at town hall and being turned away.’

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The Guardian, 2nd December 2014

Source: www.guardian.co.uk

Jimmy Savile paedophile scandal has created ‘non-stop’ flow of sex abuse cases, judges tell Chris Grayling – Daily Telegraph

Posted December 3rd, 2014 in BBC, child abuse, hospitals, murder, news, prisons, sexual offences by sally

‘Chris Grayling, the Justice Secretary, says huge spike in sex offence cases since former BBC DJ’s crimes were exposed has put added pressure on prison service.’

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Daily Telegraph, 2nd December 2014

Source: www.telegraph.co.uk