Why is domestic abuse still not taken seriously in UK courts? – The Guardian

Posted March 8th, 2016 in criminal justice, domestic violence, news, sentencing, victims, women by sally

‘Female victims left in fear for their lives speak out about the failure of the justice system to punish abusers with long prison sentences.’

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The Guardian, 8th March 2016

Source: www.guardian.co.uk

The justice system of the future: online continuous hearings and a single point of entry – Legal Futures

Posted March 8th, 2016 in courts, internet, judges, news, speeches, tribunals by sally

‘The first trial of online dispute resolution (ODR) in the UK’s courts and tribunals will introduce a concept known as the “online continuous hearing”, it has emerged, with the Senior President of Tribunals urging a change in perception of litigation from an adversarial dispute to “a problem to be solved”.’

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Legal Futures, 8th March 2016

Source: www.legalfutures.co.uk

Woman jailed after explosives hoard found in house – The Guardian

Posted March 8th, 2016 in explosives, news, sentencing, women by sally

‘A woman who stored improvised hand grenades, other explosive materials and 2,000 rounds of ammunition in her house has been jailed for three years.’

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The Guardian, 7th March 2016

Source: www.guardian.co.uk

IPCC police complaints body to be rebranded and reformed – Daily Telegraph

Posted March 8th, 2016 in bills, complaints, news, police by sally

‘Independent Police Complaints Commission to be overhauled and renamed the ‘Office for Police Conduct’, Theresa May says.’

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Daily Telegraph, 7th March 2016

Source: www.telegraph.co.uk

Cases taking 19 months to get to appeal court owing to backlogs – The Guardian

Posted March 8th, 2016 in appeals, courts, delay, internet, judges, news, reports by sally

‘Cases are taking up to 19 months to reach trial in the court of appeal because of increasing courtroom backlogs, according to the judge in charge of introducing online justice.’

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The Guardian, 7th March

Source: www.guardian.co.uk

Joint enterprise: First murder case defendants walk free after landmark ruling – Daily Telegraph

Posted March 8th, 2016 in appeals, codefendants, joint enterprise, murder, news, sentencing by sally

‘Two men acquitted after judge decides pair have no case to answer following ruling that courts have been wrongly interpreting law for 30 years’

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Daily Telegraph, 7th March 2016

Source: www.telegraph.co.uk

The poppers ban: will it criminalise gay users? – The Guardian

Posted March 8th, 2016 in bills, crime, drug abuse, drug offences, homosexuality, news by sally

‘More than 2m bottles of poppers are sold legally every year – and Yorkshire is the centre of the trade. How is one factory preparing for the ban?’

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The Guardian, 7th March 2016

Source: www.guardian.co.uk

Nor any drop to drink – Nearly Legal

‘Jones v London Borough of Southwark [2016] EWHC 457 (Ch). Quite a lot of councils have agreements with water suppliers under which the council will collect water charges from their tenants, effectively as an addition to the rent. This case concerned a challenge to the nature and validity of Southwark’s agreement, at least before 2013.’

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Nearly Legal, 5th March 2016

Source: www.nearlylegal.co.uk/blog/

Of sink holes and strict liability – Nearly Legal

‘Lafferty v Newark & Sherwood District Council [2016] EWHC 320 (QB). Does section 4(4) of the Defective Premises Act 1972 create a strict liability on the landlord for any defect, such that it covers latent or undetectable defects? The short answer is no. This appeal sets out why.’

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Nearly Legal, 6th March 2016

Source: www.nearlylegal.co.uk/blog/

The Child in the Road Part 2 – Zenith PI Blog

‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’

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Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

Court rules council overcharged 37,000 tenants for water and sewerage – Local Government Lawyer

Posted March 7th, 2016 in housing, landlord & tenant, local government, news, rates, sewerage, utilities, water by tracey

‘A London borough has overcharged approximately 37,000 tenants for water and sewerage services, a High Court judge has ruled.’

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Local Government Lawyer, 4th March 2016

Source: www.localgovernmentlawyer.co.uk

Finance and Divorce Update (March 2016) – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during February 2016.’

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Family Law Week, 5th March 2016

Source: www.familylawweek.co.uk

In re JL and AO (Babies Relinquished for Adoption) – WLR Daily

In re JL and AO (Babies Relinquished for Adoption): [2016] EWHC 440 (Fam)

‘In two cases babies, JL and AO, were born in England to mothers from Eastern Europe but relinquished at birth for adoption. In the case of JL the child, whose Estonian mother worked in England and whose putative father lived in Estonia, was accommodated by the local authority with the mother’s consent pursuant to an agreement under section 20 of the Children Act 1989 and was placed with foster carers. The mother gave her written consent to his adoption and the putative father, maternal family and the Estonian authorities all supported his adoption in this country. The local authority sought a placement order under section 21 of the Adoption and Children Act 2002. In the case of AO, the Hungarian parents working in England wished the child to be adopted in this country. AO had been removed at birth and placed with foster carers and had been made a ward of court. The local authority, children’s guardian and Hungarian authorities sought the child’s return to Hungary so that she could be placed for adoption there. Common issues arose as to what jurisdiction the court had to make orders facilitating such placements, (ii) the factors which had to be taken into account when making decisions about relinquished babies, the possible outcomes and the procedures to be followed and (iii) where a child born to nationals of a foreign country had been placed voluntarily in the care of a local authority, with a view to adoption or otherwise, whether the authority was under an obligation under the Vienna Convention on Consular Relations 1963 to inform the consular officials of that country about the placement. In the case of JL, the further issues arose whether the court had jurisdiction to make a placement order and what order, if any, should be made. In the case of AO, the further issues arose whether it was open to the court either to transfer jurisdiction to Hungary under Council Regulation (EC) No 2201/2003 (“Brussels IIA”) or to make an order permitting the local authority to send AO to Hungary; and what order, if any, the court should make.’

WLR Daily, 3rd March 2016

Source: www.iclr.co.uk

John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust – WLR Daily

Posted March 7th, 2016 in causation, contribution, damages, delay, law reports, negligence, personal injuries by tracey

John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust: [2016] EWHC 407 (QB)

‘The claimant suffered a head injury and was taken to a hospital managed by the defendant. A CT scan was performed some six hours after his admission and he was transferred to another hospital where he underwent surgery. He was left with cognitive and neuropsychological deficits. He claimed damages in negligence against the defendant contending, inter alia, that the defendant’s negligent delay in undertaking the CT scan had resulted in a period of raised intra-cranial pressure which had caused or materially contributed to his brain damage. The defendant contended that only if the claimant could establish that damaging raised intra-cranial pressure caused by the defendant’s negligence had caused his brain injury that, applying the classic “but for” test of causation, he could recover as against the defendant, and that it was insufficient to establish “material contribution”.’

WLR Daily, 16th March 2016

Source: www.iclr.co.uk

Regina (Orbital Shopping Park Swindon Ltd) v Swindon Borough Council – WLR Daily

Posted March 7th, 2016 in interpretation, judicial review, law reports, local government, planning by tracey

Regina (Orbital Shopping Park Swindon Ltd) v Swindon Borough Council: [2016] EWHC 448 (Admin)

‘The claimant submitted two separate planning applications to the defendant: one for the installation of a mezzanine floor at its property; and the other for external works to the property, which created no additional floor space. The defendant granted planning permission for both applications, informing the claimant that the mezzanine installation was development liable to a community infrastructure levy (“CIL”). The defendant’s view was that the development proposals fell within the scope of the meaning of development for CIL purposes due to the direct link between the two applications for the mezzanine and external alterations. The defendant, as the relevant CIL collecting authority, subsequently issued a CIL liability notice under regulation 65 of the Community Infrastructure Levy Regulations 2010 in relation to the installation of a mezzanine floor and external alterations at the claimant’s property, and a demand notice under regulation 69 of the 2010 Regulations in respect of the same development. By a judicial review claim the claimant challenged the lawfulness of the defendant’s act in issuing the two notices on the grounds that the mezzanine planning permission fell within the exemption created by regulation 6(1)(c) and that the external planning permission created no floor space and so was not liable to a CIL.’

WLR daily, 3rd March 2016

Source: www.iclr.co.uk

Online abuse: ‘existing laws too fragmented and don’t serve victims’ – The Guardian

‘The chief constable leading the fight against digital crime is calling for new legislation to tackle an “unimagined scale of online abuse” that he says is threatening to overwhelm the police service. Stephen Kavanagh, who heads Essex police, argues it is necessary to consolidate and simplify offences committed online to improve the chance of justice for tens of thousands of victims.’

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The Guardian, 4th March 2016

Source: www.guardian.co.uk

Threat of deportation of 92-year-old Myrtle Cothill is lifted – BBC News

Posted March 7th, 2016 in deportation, elderly, health, immigration, news, visas by tracey

‘A 92-year-old woman facing deportation has been given permission to stay in the UK.’

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BBC News, 5th March 2016

Source: www.bbc.co.uk

‘Biggest crackdown’ on rogue pharmacists – BBC News

‘Nine pharmacists who sold drugs illegally have been banned from practice, after a BBC investigation led to the “biggest crackdown” in UK pharmaceutical history.’

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BBC News, 6th March 2016

Source: www.bbc.co.uk

Car smoking ban farce as Met nets no prosecutions – Daily Telegraph

Posted March 7th, 2016 in children, enforcement, fines, health, news, police, prosecutions, smoking, statistics by tracey

‘A new law aimed at protecting children from health risks of adults smoking in cars has turned into a farce after it emerged that Britain’s largest police force has not prosecuted a single driver.’

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Daily Telegraph, 7th March 2016

Source: www.telegraph.co.uk

Police fail to respond to psychiatric units amid rise in attacks on staff – The Guardian

‘Police refused to respond to calls for help from staff at psychiatric units covering a large swath of east London and Essex on more than 125 occasions last year. The figures were released in response to a Guardian freedom of information request that sheds new light on how overstretched staff in mental health units are increasingly on the receiving end of violence.’

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The Guardian, 7th March 2016

Source: www.guardian.co.uk