Day: 10 November 2015

Limping Infants and Article 15 BIIA: the “magisterial” judgment in In the Matter of N (Children) (Adoption: Jurisdiction) – Family Law Week

Posted November 10th, 2015 in adoption, appeals, care orders, EC law, foreign jurisdictions, news, treaties by sally

‘Alex Laing, barrister of Coram Chambers, considers two aspects of the decision in N (Children) (Adoption: Jurisdiction): (1) the jurisdiction of the courts of England and Wales to order the non-consensual adoption of a foreign child; and (2) the construction and use of Article 15 of Brussels IIA to transfer care proceedings.’

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Family Law Week, 10th November 2015

Source: www.familylawweek.co.uk

Legal Aid Cuts: The Solicitors’ Verdict – BBC Law in Action

Posted November 10th, 2015 in criminal justice, law firms, legal aid, news, solicitors by sally

‘Solicitors are in uproar over government changes to the criminal legal aid system. The budget has been slashed by 17.5 per cent and the number of firms eligible to provide duty solicitors to represent clients at police stations has been reduced from 1600 to just over 500.’

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BBC Law in Action, 3rd November 2015

Source: www.bbc.co.uk

Regina (LF) v HM Senior Coroner for Inner South London – WLR Daily

Posted November 10th, 2015 in coroners, detention, human rights, juries, law reports, mental health by sally

Regina (LF) v HM Senior Coroner for Inner South London [2015] EWHC 2990 (Admin); [2015] WLR (D) 442

‘A mentally incapacitated adult who died while in intensive care at a hospital was not, on the facts, in “state detention” at the time of her death for the purposes of the Coroners and Justice Act 2009, with the consequence that the coroner was entitled to hold an inquest without a jury.’

WLR Daily, 29th October 2015

Source: www.iclr.co.uk

Guidance on appealing Upper Tribunal costs decisions to the Court of Appeal – Free Movement

Posted November 10th, 2015 in appeals, costs, judicial review, law firms, news, tribunals by sally

‘President McCloskey gives guidance on appealing Upper Tribunal costs decisions to the Court of Appeal in the case of R (on the application of Soreefan and Others) v Secretary of State for the Home Department (judicial review – costs – Court of Appeal) [2015] UKUT 594 (IAC).’

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Free Movement, 10th November 2015

Source: www.freemovement.org.uk

New Country Guidance case on Afghan Sikhs – Free Movement

Posted November 10th, 2015 in Afghanistan, asylum, harassment, immigration, news, religious discrimination, Sikhism, tribunals by sally

‘At long last the long awaited new Country Guidance case on Sikhs from Afghanistan is out. The case is TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC).’

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Free Movement, 9th November 2015

Source: www.freemovement.org.uk

Taxi boss jailed after murdering estranged wife’s boyfriend with car – The Guardian

Posted November 10th, 2015 in closed circuit television, murder, news, sentencing by sally

‘A taxi boss who ran over and killed his estranged wife’s boyfriend in a revenge attack has been told he will serve at least 18 years of a life sentence.’

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The Guardian, 9th November 2015

Source: www.guardian.co.uk

Judge gives ‘opportunistic’ litigants costs warning – Law Society’s Gazette

Posted November 10th, 2015 in costs, news by sally

‘A High Court judge has threatened both parties with losing all their costs after accusing them of attempting to seek an ‘opportunistic advantage’.’

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Law Society’s Gazette, 4th November 2015

Source: www.lawgazette.co.uk

Justice Knowles urges legal community to ‘work harder’ to keep UK as dispute resolution leader – Legal Week

Posted November 10th, 2015 in arbitration, dispute resolution, judges, news, pilot schemes, speeches by sally

‘Leading commercial judge outlines strategy to keep UK’s status as top destination for business disputes’

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Legal Week, 6th November 2015

Source: www.legalweek.co.uk

Leading judge tells expert witnesses to find ‘common ground’ – Law Society’s Gazette

Posted November 10th, 2015 in costs, expert witnesses, judges, news by sally

‘A senior member of the judiciary wants to see expert witnesses create easy-to-understand guides highlighting common ground in disputes.’

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Law Society’s Gazette, 6th November 2015

Source: www.lawgazette.co.uk

Over egging it – Nearly Legal

Posted November 10th, 2015 in appeals, civil procedure rules, costs, interest, landlord & tenant, news, part 36 offers, rent by sally

‘This was a Court of Appeal hearing on an appeal on costs. The original case was the landlord’s claim for rent arrears of some £6,000 and interest. The landlord also claimed for physical damage to the property by the tenant amounting to some £20,000 and consequential loss of rent. The tenant agreed some £6,000 in rent arrears, but denied the property damage. The tenant counterclaimed for failure to repair the property and breach of quiet enjoyment. The tenant also challenged the landlord’s identity as landlord and the interest rate claimed.’

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Nearly Legal, 9th November 2015

Source: www.nearlylegal.co.uk

Suing Facebook is no easy matter – UK Human Rights Blog

Posted November 10th, 2015 in appeals, defamation, EC law, human rights, internet, news, privacy by sally

‘An action in defamation and under the right to privacy against Facebook has been dismissed in the High Court. The Facebook entity named as defendant did not “control” the publication so as to allow liability; and even if it did, no claim under the Human Rights Act could lie against FB as it could not be described as any sort of a public authority for the purposes of Section 6 of the Act.’

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UK Human Rights Blog, 9th November 2015

Source: www.ukhumanrightsblog.com

Prosecuting parents for term-time holidays – Education Law Blog

Posted November 10th, 2015 in appeals, education, fines, holidays, local government, news, parental responsibility by sally

‘We posted last month about a decision by a magistrates’ court on the Isle of Wight to throw out the prosecution of a parent for taking his child on holiday during term time. The BBC reports that the local authority has appealed and that the question is whether “the unauthorised absence of a child for seven consecutive school days on holiday… amounts to the child failing to attend the school regularly“.’

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Education Law Blog, 5th November 2015

Source: www.education11kbw.com

Online bingo addict jailed for murdering elderly uncle – BBC News

Posted November 10th, 2015 in gambling, murder, news, sentencing, theft by sally

‘An online bingo addict who murdered her elderly uncle in his own home and stole his money has been jailed for life.’

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BBC News, 9th November 2015

Source: www.bbc.co.uk

Home Office accused of breaking rules on cuffing asylum seekers – The Guardian

Posted November 10th, 2015 in asylum, detention, health, news, restraint, women by sally

‘The Home Office has been accused of breaching its guidelines on handcuffing asylum seekers, which were updated after an elderly man with dementia died while shackled in a detention centre near Heathrow.’

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The Guardian, 9th November 2015

Source: www.guardian.co.uk

UK surveillance bill could bring ‘very dire consequences’, warns Apple chief – The Guardian

Posted November 10th, 2015 in bills, intelligence services, interception, internet, investigatory powers, news, speeches by sally

‘Apple’s chief executive has sharply criticised surveillance powers proposed by the British government, warning that allowing spies a backdoor route into citizens’ communications could have “very dire consequences”.’

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The Guardian, 10th November 2015

Source: www.guardian.co.uk

The right to a fair trial: part two – OUP Blog

Posted November 10th, 2015 in death penalty, freedom of expression, human rights, news, Privy Council, trials by sally

‘Human rights law has had a long and tortuous history in the UK, defined by some of the most fascinating cases in legal memory.’

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OUP Blog, 10th November 2015

Source: www.blog.oup.com

Roy Harper criticises CPS for taking ‘so long’ to acquit him over sex abuse allegations – Daily Telegraph

Posted November 10th, 2015 in complaints, Crown Prosecution Service, evidence, news, retrials by sally

‘The 74-year-old songwriter hits out at the length of time the Crown Prosecution Service took to prove his innocence.’

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Daily Telegraph, 9th November 2015

Source: www.telegraph.co.uk

Tear down house or go to prison, high court tells farmer in planning dispute – The Guardian

Posted November 10th, 2015 in contempt of court, news, planning, sentencing, suspended sentences by sally

‘A farmer has been given a three-month suspended prison sentence for failing to tear down a mock Tudor castle that he built.

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The Guardian, 9th November 2015

Source: www.guardian.co.uk

Home Office criticised over delays in immigration cases – BBC News

Posted November 10th, 2015 in complaints, delay, government departments, immigration, news, ombudsmen, reports by sally

‘The Home Office has been accused of delays and poor decision making in its handling of immigration cases.’

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BBC News, 10th November 2015

Source: www.bbc.co.uk

David West jailed for killing bullying tycoon father – The Guardian

Posted November 10th, 2015 in bullying, families, homicide, murder, news, sentencing by sally

‘The heir to a multimillion-pound nightclub empire has been jailed for 13-and-a-half years for stabbing his father to death after years of being treated as his “whipping boy”.’

Full story

The Guardian, 9th November 2015

Source: www.guardian.co.uk