Civil procedure: costs recoverability – Law Society’s Gazette

‘A discrete but significant issue on costs recently came before the Court of Appeal in R (on the application of HS2 Action Alliance Ltd) v Secretary of State for Transport [2015] EWCA Civ 203.’

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Law Society’s Gazette, 18th May 2015

Source: www.lawgazette.co.uk

Garry Newlove killer’s sentence reduction bid rejected – BBC News

Posted May 20th, 2015 in appeals, murder, news, sentencing by sally

‘A man who kicked to death a father-of-three outside his Warrington home in 2007 has lost a bid to have his sentence reduced.’

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BBC News, 19th May 2015

Source: www.bbc.co.uk

Sex and the selfie generation – Halsbury’s Law Exchange

‘It is not just people that struggle to keep up with technology, but the law itself often lags behind. We have seen that on numerous occasions with the “Twitter prosecutions”, and had another example of that this week, when the Daily Mirror highlighted the story of “Alison” and “’Peter” (both pseudonyms) a couple aged 17 and 22 respectively.’

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Halsbury’s Law Exchange, 19th May 2015

Source: www.halsburyslawexchange.co.uk

Council defeats second judicial review challenge to nursery education decision – Local Government Lawyer

Posted May 20th, 2015 in children, education, judicial review, local government, news by sally

‘Two mothers have lost a High Court challenge to a council’s decision to stop providing full time nursery education free of charge for three-year-old children.’

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Local Government Lawyer, 19th May 2015

Source: www.localgovernmentlawyer.co.uk

Police officer found guilty of assaulting student at tuition fees protest – The Guardian

Posted May 20th, 2015 in assault, demonstrations, news, perverting the course of justice, police by sally

‘A police officer who knocked out part of a student’s front tooth with his riot shield during a demonstration against tuition fees faces jail after being convicted of assault occasioning actual bodily harm.’

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The Guardian, 19th May 2015

Source: www.guardian.co.uk

Female kickboxer knocks out sex attacker who pounces as she walks home – Daily Telegraph

Posted May 20th, 2015 in assault, news, sexual offences by sally

‘Judge says Mark Willis ‘bit off more than he could chew’ when he targeted young woman as she walked home through Cheltenham.’

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Daily Telegraph, 20th May 2015

Source: www.telegraph.co.uk

Letting public authorities lose: The dangers of repealing the Human Rights Act – UK Human Rights Blog

Posted May 20th, 2015 in human rights, news, repeals by sally

‘With the post-election dust barely settled, the Human Rights Act is firmly in the Conservatives’ sights. Caught in the crosshairs is section 2 HRA, which requires UK courts to take into account, but not necessarily follow, the case law of the European Court of Human Rights.’
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UK Human Rights Blog, 19th May 2015

Source: www.ukhumanrightsblog.com

A home without a household – Nearly Legal

Posted May 20th, 2015 in benefits, children, housing, news, residence orders by sally

‘In MR v North Tyneside Council and Secretary of State for Work and Pensions (Housing and council tax benefits : other) [2015] UKUT 34 (AAC) [Our report], we saw the Upper Tribunal accept the DWP argument on the position of ‘shared care’ families for bedroom tax purposes. In short, the child’s only ‘home’ was with the person receiving child benefit. It may yet turn out to be significant that that decision was not the result of an argued hearing, only the DWP turning up.’

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Nearly Legal, 19th May 2015

Source: www.nearlylegal.co.uk

Family reunited after housing battle led to homelessness and separation – The Guardian

Posted May 20th, 2015 in benefits, budgets, homelessness, housing, news by sally

‘Titina Nzolameso on her successful fight to be rehoused after the benefits cap left her homeless and her children being taken into care, and the impact this could have on similar cases.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

Too many are dying without dignity, health ombudsman warns – Daily Telegraph

Posted May 20th, 2015 in hospitals, medical treatment, news, ombudsmen by sally

‘The Parliamentary and Health Service Ombudsman’s report found ‘tragic’ cases of patients spending their last days in ‘unnecessary pain’.’

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Daily Telegraph, 20th May 2015

Source: www.telegraph.co.uk

Staffordshire doctor’s ‘sexual touching’ was misconduct – BBC News

Posted May 20th, 2015 in doctors, news, professional conduct by sally

‘A doctor who inappropriately touched two midwives while on duty has been found guilty of misconduct.’

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BBC News, 19th May 2015

Source: www.bbc.co.uk

Mandatory orders in immigration judicial review applications – Free Movement

Posted May 20th, 2015 in immigration, judicial review, news, tribunals by sally

‘The issue of when the Upper Tribunal might make a mandatory order requiring the Home Office to act in a specific way was considered in the case of R (on the application of Sultana) v Secretary of State for the Home Department (mandatory order – basic principles) IJR [2015] UKUT 226 (IAC).’

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Free Movement, 20th May 2015

Source: www.freemovement.org.uk

Air steward jailed for five years over smuggling fake passports in underwear – The Guardian

‘An airline steward who tried to smuggle fake passports by hiding them in a pair of specially adapted underpants has been jailed for five years.’
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The Guardian, 19th May 2015

Source: www.guardian.co.uk

Theresa May pledges £15m to keep mentally ill people out of police cells – The Guardian

Posted May 20th, 2015 in budgets, detention, mental health, news, police by sally

‘The home secretary, Theresa May, is to pledge up to £15m of new funding to provide health-based alternatives for the 4,000 people a year who spend time in detention in police cells under the Mental Health Act.’

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The Guardian, 20th May 2015

Source: www.guardian.co.uk

HRA Watch: Reform, Repeal, Replace? Mark Elliott: Could the Devolved Nations Block Repeal of the Human Rights Act and the Enactment of a New Bill of Rights? – UK Constitutional Law Association

‘In my last post on the proposed repeal of the Human Rights Act 1998 and the enactment of a British Bill of Rights, I considered the extent to which the House of Lords might thwart the Government’s plans. My conclusion was that the Lords might plausibly assert itself so as to delay the legislation, traditional understandings of the Salisbury Convention notwithstanding, but that the Parliament Act 1911 clearly deprives the Lords of any absolute veto. What, however, of the devolved nations? Could they block the implementation of the UK Government’s proposals?’

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UK Constitutional Law Association, 16th May 2015

Source: www.ukconstitutionallaw.org

Police force fined £160k after losing DVDs of interview with abuse victim – Local Government Lawyer

Posted May 19th, 2015 in data protection, evidence, fines, news, police, video recordings by sally

‘The Information Commissioner’s Office has imposed a £160,000 monetary penalty on a police force after it lost DVDs of an interview which formed part of the evidence in a sexual abuse case.’

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Local Government Lawyer, 18th May 2015

Source: www.localgovernmentlawyer.co.uk

Stepping Hill hospital: how Victorino Chua’s poisonings were uncovered – The Guardian

Posted May 19th, 2015 in murder, news, nurses by sally

‘The nurse convicted of murdering patients was caught after a night of curious incidents, but his motive remains a mystery.’

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The Guardian, 18th May 2015

Source: www.guardian.co.uk

Mosley v Google: RIP – Panopticon

Posted May 19th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘So Max Mosley has done a deal with Google in respect of his claim that Google had breached his rights under the DPA 1998 by refusing to block certain images and videos accessible via the Google search engine (see this FT article which suggests that the settlement also applies to claims brought by Mr Mosley in Germany and France). The settlement of the claim, which follows on from Google’s failed strike out application (discussed further below), leaves unanswered a number of really important questions concerning the application of data protection rights in the online world. Not least, the settlement leaves open the question of the extent to which the so-called ‘right to be forgotten’ can operate so as to force internet search engines, not only to de-index individual URLs on request, but also to block access to the offending data globally (i.e. as ISEs already do, for example, where images of child pornography are identified).’

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Panopticon, 18th May 2015

Source: www.panopticonblog.com

Two teenagers who ‘tortured’ a girl in Hertfordshire detained – BBC News

‘Two teenagers who kidnapped then “tortured” a girl aged 14 by pouring salt down her throat and making her perform a sex act have been sentenced.’

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BBC News, 18th May 2015

Source: www.bbc.co.uk

Costs, Orders, Discontinuance and CPR r.38.6(1): Barker and Barker v Barnett (2015) (QBD) – Zenith PI Blog

Posted May 19th, 2015 in appeals, civil procedure rules, costs, news, pre-action conduct by sally

‘The court can depart from the usual rule in CPR r.38.6(1) that a Claimant who has discontinued their claim is liable for the costs which a Defendant has incurred and, alternatively, order that the Defendant pay a part of the Claimant’s costs.’

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Zenith PI Blog, 18th May 2015

Source: www.zenithpi.wordpress.com