Sarah McClay death: South Lakes Safari Zoo fined – BBC News

Posted June 13th, 2016 in animals, costs, employment, fines, guilty pleas, health & safety, inquests, news, sentencing by sally

‘A zoo where a keeper was mauled to death by a tiger has been fined for health and safety breaches.’

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BBC News, 10th June 2016

Source: www.bbc.co.uk

Migrants from UK urged to give evidence to child abuse inquiry – The Guardian

Posted June 13th, 2016 in child abuse, immigration, inquiries, news, sexual offences, victims by sally

‘Men and women transported to Australia and Canada after being sexually and physically abused as children in the UK are being encouraged to give evidence to Britain’s public inquiry into historic and ongoing child abuse.’

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The Guardian, 13th June 2016

Source: www.guardian.co.uk

Met officer wins sex discrimination case after towel incident – Daily Telegraph

Posted June 10th, 2016 in news, police, sex discrimination by sally

‘A respected police officer has won a sex discrimination case against the Metropolitan Police after he was “unlawfully punished” by a female officer following an incident involving a towel.’

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Daily Telegraph, 10th June 2016

Source: www.telegraph.co.uk

Council to challenge term-time holiday decision – BBC News

‘A court decision not to fine a father who took his daughter on an unauthorised term-time holiday is set to be challenged.’

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BBC News, 9th June 2016

Source: www.bbc.co.uk

Crown Prosecution Service statement: Operation Lydd – CPS News Brief

‘The Crown Prosecution Service (CPS) has considered a file of evidence from the Metropolitan Police relating to one suspect in connection with allegations made concerning the movement and alleged ill treatment of Abdel Hakim Belhadj and his wife, Fatima Boudchar, and Sami Al Saadi and his wife and children from countries in South East Asia to Libya in 2004.’

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CPS News Brief, 9th June 2016

Source: http://blog.cps.gov.uk

Southern Health trust accepts responsibility for teenager’s death – The Guardian

Posted June 10th, 2016 in compensation, disabled persons, hospitals, negligence, news by sally

‘The family of an 18-year-old man who drowned following an epileptic seizure while under the care of Southern Health NHS foundation trust has been awarded £80,000 compensation.’

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The Guardian, 9th June 2016

Source: www.guardian.co.uk

Knife crime: Almost half of repeat offenders spared jail – BBC News

Posted June 10th, 2016 in news, offensive weapons, recidivists, sentencing, statistics by sally

‘Almost half of repeat knife offenders were not immediately jailed, despite new legislation requiring judges to impose a prison sentence.’

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BBC News, 9th June 2016

Source: www.bbc.co.uk

Bar Council: use direct access barristers instead of paid McKenzie Friends – Legal Futures

Posted June 10th, 2016 in barristers, budgets, fees, McKenzie friends, news by sally

‘Litigants with limited funds should use direct access barristers to represent them in court rather than pay for McKenzie Friends, the Bar Council has argued.’

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Legal Futures, 10th June 2016

Source: www.legalfutures.co.uk

Government rules that shoppers have the right to buy items online – as it shames major golf club brand – Daily Telegraph

‘Shoppers cannot legally be denied the right to buy goods online, the Government has ruled, as its consumer arm declared a major golfing retailers’ ban on shops selling its products online as unlawful.’

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Daily Telegraph, 9th June 2016

Source: www.telegraph.co.uk

Adult Defendant Anonymity in Criminal Proceedings – Halsbury’s Law Exchange

Posted June 10th, 2016 in anonymity, news, reporting restrictions, trials by sally

‘Should defendant anonymity be granted to prevent reputational damage?
The current position for adult defendants is that the media will generally be able to report the name of a defendant facing a criminal charge. Anonymity will not be granted to defendants on the basis of embarrassment or stigma, harassment or economic loss caused by the publication of their name in criminal proceedings.’

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Halsbury’s Law Exchange, 9th June 2016

Source: www.halsburyslawexchange.co.uk

Two jurors given suspended sentences for contempt of court – BBC News

Posted June 10th, 2016 in contempt of court, juries, news, sentencing, suspended sentences by sally

‘A juror who caused a criminal trial to collapse at a cost of £80,000 has been been given a nine-month suspended sentence for contempt of court.’

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BBC News, 9th June 2016

Source: www.bbc.co.uk

Defendant who represented himself gets new case review hope – The Guardian

‘A dyslexic defendant who represented himself in a crown court trial – after being handed 790 hours of CCTV footage to review in prison to support his alibi – is challenging his conviction for attempted murder.’

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The Guardian, 10th June 2016

Source: www.guardian.co.uk

R+V Versicherung AG v Robertson & Co SA – WLR Daily

R+V Versicherung AG v Robertson & Co SA [2016] EWHC 1243 (QB)

‘The claimant reinsurer, a German company, engaged the defendant, a Swiss company, to provide loss-adjusting services in joint instruction with another reinsurer, AIG, a New Zealand-based company, which was already instructing the defendant. When a dispute arose between the claimant and the defendant concerning the performance of its loss-adjusting services, the claimant brought proceedings in England on the basis that it had contracted with the defendant on terms contained in a master agreement made between the defendant and another AIG company which provided for application of English law and the exclusive jurisdiction of the English courts. The claimant served the proceedings on the defendant, relying on article 23 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters 2007. The defendant, denying that the terms of the master agreement had been incorporated into its contract with the claimant, applied to set aside service of the proceedings for want of jurisdiction.’

WLR Daily, 27th May 2016

Source: www.iclr.co.uk

Cavanagh and others v Secretary of State for Work and Pensions – WLR Daily

Cavanagh and others v Secretary of State for Work and Pensions [2016] EWHC 1136 (QB)

The first and second claimant employees were, it was assumed for present purposes, employed by the defendant employer under civil service terms and conditions and various collective agreements. Under “check-off arrangements” in the employer’s deductions from pay policy, the employees had opted for their subscriptions to the third claimant trade union to be paid by deduction from their salary and paid by the employer to the union. Latterly the check-off arrangements had been included in the employer’s salary policy published on the staff intranet. When the employer ended the check-off arrangements, the claimants brought a claim against it, contending that the employees had a contractual right to insist that the employer continue with the arrangement enforceable by the trade union under the Contracts (Rights of Third Parties) Act 1999.

WLR Daily, 13th May 2016

Source: www.iclr.co.uk

Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Father who won High Court school holidays case eyes group litigation – Local Government Lawyer

‘The man who defeated Isle of Wight Council in a high-profile court battle over the enforcement of a fine imposed for taking his daughter to Florida during term time has unveiled plans to take forward group litigation.’

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Local Government Lawyer, 8th June 2016

Source: www.localgovernmentlawyer.co.uk

Hillsborough: the key lessons for our justice system – Law Society’s Gazette

‘What can lawyers learn from the tortuous 27-year struggle for justice?

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk

High Court’s confidentiality comments could have unintended consequences in pension rectification cases – OUT-LAW.com

Posted June 9th, 2016 in confidentiality, news, rectification, trusts by sally

‘Comments by a High Court judge during a recent application for rectification of a pension trust deed could have “unintended consequences” for future applications, an expert has said.’

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OUT-LAW.com, 9th June 2016

Source: www.out-law.com

‘Reasonable’ costs bill halved under proportionality test – Law Society’s Gazette

‘The senior costs judge has slashed a claimant’s costs bill in a high-profile media case because of the proportionality tests brought in by the Jackson reforms – despite deeming it to be ‘reasonable and necessary’.’

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Law Society’s Gazette, 6th June 2016

Source: www.lawgazette.co.uk

New protocol for criminal defence on prosecution ‘failures’ – Law Society’s Gazette

‘A practitioner group is challenging what it claims to be ‘repeated’ failures by prosecutors to disclose information on time by issuing a step-by-step guide for criminal defence solicitors.’

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Law Society’s Gazette, 8th June 2016

Source: www.lawgazette.co.uk