Woman who gave friend gas she used to kill herself found not guilty of assisting suicide – The Independent

Posted May 15th, 2015 in assisted suicide, assisting offenders, news, suicide by tracey

‘A woman who supplied a friend with the gas she used to kill herself has been cleared of assisting suicide.’

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The Independent, 14th May 2015

Source: www.independent.co.uk

Lorry driver who killed cyclist after running a red light jailed for three years – The Independent

Posted May 15th, 2015 in dangerous driving, guilty pleas, news, sentencing by tracey

‘A “cavalier” lorry driver who ran a red light before killing a cyclist has been jailed for three-and-a-half years and given a 10-year driving ban.’

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The Independent, 14th May 2015

Source: www.independent.co.uk

A blind eye to Nelson – Nearly Legal

Posted May 14th, 2015 in benefits, housing, news, social services, tribunals by tracey

‘A couple of bedroom tax decisions, one Upper Tribunal, one FTT, both of which involve findings for the tenant in the landscape after the Upper Tribunal decision in Nelson (SSWP v David Nelson and Fife Council, SSWP v James Nelson and Fife Council [2014] UKUT 0525 (AAC) – our report). Given that we appear to be stuck with the bedroom tax for the next 5 years at least, this is the landscape unless the Supreme Court does something dramatic in MA & Ors.’

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Nearly Legal, 12th May 2015

Source: www.nearlylegal.co.uk

Vulnerability – a fresh start – Nearly Legal

Posted May 14th, 2015 in appeals, equality, homelessness, local government, news, Supreme Court by tracey

‘The thing about the Supreme Court is that all those years of accrued, encrusted High Court and Court of Appeal case law just don’t matter. If the Supreme Court thinks otherwise, they are so much chaff. And so, to some extent, it proved to be in these joined appeals, where the issue was the meaning of vulnerability in s.189(1)(c) Housing Act 1996.’

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Nearly Legal, 13th May 2015

Source: www.nearlylegal.co.uk

Supreme Court overturns key test on homeless people and vulnerability – Local Government Lawyer

Posted May 14th, 2015 in appeals, homelessness, local government, news, Supreme Court by tracey

‘The Supreme Court has today issued a landmark ruling in three linked appeals over when homeless people are to be considered “vulnerable” under the Housing Act 1996 and therefore in priority need.’

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Local Government Lawyer, 13th May 2015

Source: www.localgovernmentlawyer.co.uk

Lord Chief Justice’s Statutory Delegations – Courts and Tribunals Judiciary

Posted May 14th, 2015 in courts, judiciary, news by tracey

‘The Lord Chief Justice has a number of statutory functions, the exercise of which may be delegated to a nominated judicial office holder (as defined by section 109(4) of the Constitutional Reform Act 2005 (the 2005 Act). This document sets out which judicial office holder has been nominated to exercise specific delegable statutory functions.’

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Courts and Tribunals Judiciary, 14th May 2015

Source: www.judiciary.gov.uk

Jackson: costs management is here to stay – Law Society’s Gazette

Posted May 14th, 2015 in budgets, case management, costs, news by tracey

‘The architect of controversial costs management reforms has returned to the subject to insist his changes will not be watered down.’

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Law Society’s Gazette, 14th May 2015

Source: www.lawgazette.co.uk

Retention of offenders’ DNA profiles not illegal, supreme court rules – The Guardian

Posted May 14th, 2015 in appeals, DNA, human rights, news, police, privacy, proportionality by tracey

‘Retaining DNA profiles of convicted adults indefinitely is not an illegal breach of their privacy, the supreme court has ruled in a test case involving a Northern Ireland drink driver. he judgment by the UK’s highest court sets a significant precedent in making a clear distinction between information that police forces may keep on those who have been convicted, as opposed to those who were merely suspects.’

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The Guardian, 13th May 2015

Source: www.guardian.co.uk

Sir Roger Moore wins damages over ‘grope’ claim – BBC News

Posted May 14th, 2015 in damages, defamation, news by tracey

‘The actor Sir Roger Moore has accepted undisclosed libel damages over claims that he groped a woman while shooting James Bond film For Your Eyes Only. The 87-year-old also received an apology and his legal costs over a story that appeared in the Daily Mail and on Mail Online in October 2014.’

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BBC News, 13th May 2015

Source: www.bbc.co.uk

Greece drops option of legal action in British Museum Parthenon marbles row – The Guardian

Posted May 14th, 2015 in artistic works, international courts, news by tracey

‘Greece has ruled out taking legal action in its battle to reclaim the Parthenon marbles from Britain. The unexpected move abruptly ends the legal battle in one of the world’s most bitter cultural disputes.’

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The Guardian, 13th May 2015

Source: www.guardian.co.uk

Alexa-Marie Quinn murder: Father Carl Wheatley found guilty – BBC News

Posted May 14th, 2015 in child abuse, diminished responsibility, mental health, murder, news by tracey

‘A man has been found guilty of murdering his four-year-old daughter by beating her to death.’

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BBC News, 13th May 2015

Source: www.bbc.co.uk

NCA slammed as ‘ignorant’ and ‘ill-informed’ by High Court judge after agency used unlawful search warrants – The Independent

Posted May 14th, 2015 in investigatory powers, national crime agency, news, warrants by tracey

‘The National Crime Agency has been condemned as “incompetent” and “systematically flawed” by a High Court judge – after officers unlawfully used search warrants to plant a surveillance device without warning magistrates.’

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The Independent, 13th May 2015

Source: www.independent.co.uk

Body-in-boot killer Aaron Mann ‘quit mental health treatment’ – BBC News

Posted May 14th, 2015 in domestic violence, mental health, murder, news, reports by tracey

‘A man who kept his partner’s body in a car boot after killing her had ended mental health treatment days before, a review revealed.’

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BBC News, 15th May 2015

Source: www.bbc.co.uk

In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily

In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208

‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’

WLR Daily, 7th May 2015

Source: www.iclr.co.uk

Using photographs from social media—rights of privacy – Halsbury’s Law Exchange

Posted May 13th, 2015 in complaints, consent, internet, media, news, photography, privacy by tracey

‘The Independent Press Standards Organisation (IPSO) recently upheld a complaint against a newspaper after it published an image taken from social media without consent.’

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Halsbury’s Law Exchange, 13th May 2015

Source: wwww.halsburyslawexchange.co.uk

Court of Appeal: female prisoners released to bail hostels are not discriminated against – Halsbury’s Law Exchange

Posted May 13th, 2015 in bail, news, prisons, sex discrimination, women by tracey

‘The Court of Appeal recently grappled with Approved Premises for women in the case of Coll v Secretary of State for Justice [2015] EWCA Civ 328. The appellant is serving a mandatory life sentence for murder and brought the challenge on the basis that women have been the subject unlawful sex discrimination as a result of the AP regime. It was argued it was both direct and indirect discrimination. In the High Court, Justice Cranston upheld a separate submission that the Secretary of State (SSJ) was in breach of its public sector equality duty (S.149 Equality Act 2010). This finding was not appealed by the SSJ in the Court of Appeal.’

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Halsbury’s Law Exchange, 12th May 2015

Source: www.halsburyslawexchange.co.uk

High Court critical of Pickles’ approach to neighbourhood planning appeal – OUT-LAW.com

Posted May 13th, 2015 in appeals, news, planning by tracey

‘The High Court has allowed an appeal against the decision of outgoing communities secretary Eric Pickles to block a 120-home development in a West Sussex village after Pickles was found to have placed too much weight on the policies of an emerging neighbourhood plan and failed properly to justify his decision in line with government planning policy.’

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OUT-LAW.com, 12th May 2015

Source: www.out-law.com

Priestley v Dunbar and Co – Zenith PI

Posted May 13th, 2015 in appeals, delay, negligence, news, setting aside by tracey

‘Denton and Delay: to what extent should delay impact upon an application to set aside judgment?’

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Zenith PI, 13th May 2015

Source: www.zenithpi.wordpress.com

Local authority prosecutes housing association tenant for unlawful subletting – Local Government Lawyer

Posted May 13th, 2015 in benefits, fraud, housing, landlord & tenant, local government, news by tracey

‘Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.’

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Local Government Lawyer, 12th May 2015

Source: www.localgovernmentlawyer.co.uk

Extend divorce mediation meetings to “smaller civil cases”, Lord Neuberger says – Litigation Futures

Posted May 13th, 2015 in dispute resolution, divorce, news by tracey

‘Lord Neuberger has said that the compulsory mediation information and assessment meetings (MIAMs) introduced for separating couples should be extended to “smaller civil cases”.’

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Litigation Futures, 13th May 2015

Source: www.litigationfutures.com