English Law

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  • How To Create A Monthly Budget

    Financial self-care check list

    Source: everylasttemplate.com

    Regardless of your income and financial situation, a budget is one of the most important tools at your disposal. You can be alerted to trends you might not have noticed when you track your money habits, like spending nearly £70 a month on lunch-break coffees. Noticing those trends is an essential step in identifying your behaviours, and accepting a change is needed.  Read more by clicking here →


    Budget

    A budget is a financial plan for a defined period, often one year. It may also include planned sales volumes and revenues, resource quantities, costs and expenses, assets, liabilities and cash flows. Companies, governments, families, and other organizations use it to express strategic plans of activities or events in measurable terms (Wikipedia).

    Budget Planner

    Your detailed spending breakdown

    Our free Budget Planner puts you in control of your household spending and analyses your results to help you take control of your money. It’s already helped hundreds of thousands of people. Read more by clicking here →

    Converting Weekly
    to Monthly Amounts

    To help with budgeting it is useful to know how to calculate weekly to monthly
    amounts. Read more by clicking here →

    Time Calculator: Duration Between Two Times and Dates

    How many years, months, days, hours, minutes, and seconds are there between two moments in time? Read more by clicking here →


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  • Latest News Week

    COURT DOCUMENTS

    English Law

    Abuse Of Process And Judicial Stays Of Criminal Proceedings philpapers.org

    The criminal courts have a power to stop a prosecution.

    This power to stay proceedings which constitute an abuse of the process of the court has assumed great practical significance and is potentially applicable in many situations. Andrew L-T Choo

    The basic principle is that it is for the prosecution, not the court, to decide whether a prosecution should be commenced and, if commenced, whether it should continue. Environment Agency v Stanford [1998] .

  • Know The Real Court Process: Learn The Rules Of Your Local Court

    As ever, the 2019 edition of Archbold will be fully up-to-date with the latest legislation, including the Data Protection Act 2018 and the Sanctions and Anti-Money Laundering Act 2018. Amendments have been made by the commencement of provisions of the Policing and Crime Act 2017 and the Criminal Finances Act 2017 to the Proceeds of Crime Act 2002 and the Police and Criminal Evidence Act 1984. In addition, amendments to the Criminal Procedure Rules 2015 (SI 2015/1490) and the Criminal Practice Directions 2015 are included, the highlight of which is the substitution of a new Part 22 (Evidence of a complainant’s previous sexual behaviour).

    Parents Rights Blog

    Know The Real Court Process: Learn The Rules Of Your Local Court

    “Following a survey of all Resident Judges in 2016, the decision was taken centrally to provide Blackstone’s Criminal Practice in every Crown courtroom in England & Wales. ”

    Exposing Court Corruption – Civil & Parental Rights Advocacy

    When someone starts a claim in the English courts for, say, a debt owed, and the defendant does not put in a defence, the claimant can simply ask the court to enter judgment for the sum claimed, and can bring enforcement proceedings based upon that judgment. In this procedure, the court is acting administratively, and typically no judge will be involved in the process. All very simple then.

    Understanding the Court Process

    2019 Edition Of Archbold

    Source: wildy.com

    As ever, the 2019 edition of Archbold will be fully up-to-date with the latest legislation, including the Data…

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  • Parents Rights Blog

    See on Scoop.itPublic Law Children Act Cases

    In October, the European Court of Human Rights in Strasbourg issued two rulings bolstering the rights of persons with psycho-social disabilities. Both cases were brought by Hungarian-Slovakian disability rights activist János Fiala-Butora LL.M. ’10, an S.J.D. candidate at Harvard Law School and an associate of the Harvard Law School Project on Disability, known as HPOD. (see a feature about the program).

    In one of the cases, Bures v. Czech Republic (PDF), the plaintiff, who had been hospitalized after he inadvertently overdosed on medication prescribed by his psychiatrist, was strapped to a bed for several hours, resulting in long-term injuries to his arms and ending his career as a cello player. He brought criminal charges, but they were dismissed.
    See on www.law.harvard.edu

     

    View original post

  • Absolute Immunity

    Absolute Immunity

    Absolute immunity is a form of legal immunity in contrast to qualified immunity. While qualified immunity, by its very nature, carries with it a set of conditions that must be fulfilled in order for the immunity to attach, an absolute immunity is unconditional.

    Examples of absolute immunity include judicial immunity and legislative immunity.

    1. Judicial immunity
    2. Legislative immunity

    Litigants

    Judicial Immunity

    Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for judicial actions, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.

    United Kingdom

    Immunity in proceedings

    Historically, the general rule in the United Kingdom has been that the Crown has never been able to be prosecuted or proceeded against in either criminal or civil cases. The only means by which civil proceedings could be brought were:

    • by way of petition of right, which was dependent on the grant of the royal fiat (i.e. permission);
    • by suits against the Attorney-General for a declaration; or
    • by actions against ministers or government departments where an Act of Parliament had specifically provided that immunity be waived.

    The position was drastically altered by the Crown Proceedings Act 1947 which made the Crown (when acting as the government) liable as of right in proceedings where it was previously only liable by virtue of a grant of a fiat. With limited exceptions, this had the effect of allowing proceedings for tort and contract to be brought against the Crown. Proceedings to bring writs of mandamus and prohibitionwere always available against ministers, because their actions derive from the royal prerogative.[citation needed]

    Criminal proceedings are still prohibited from being brought unless expressly permitted by statute.

    As the Crown Proceedings Act only affected the law in respect of acts carried on by or on behalf of the UK government, the monarch remains personally immune from criminal and civil actions.[11] However, civil proceedings can, in theory, still be brought using the two original mechanisms outlined above – by petition of right or by suit against the Attorney-General for a declaration.

    Great-grandfather and Crown Prince William
    Great-grandfather and Crown Prince William (Photo credit: XiXiDu)

    Other immunities

    The monarch is immune from arrest in all cases, and members of the royal household are also immune from arrest in civil proceedings. No arrest can be made “in the monarch’s presence”, or within the “verges” of a royal palace. When a royal palace is used as a residence (regardless of whether the monarch is actually living there at the time), judicial processes cannot be executed within that palace.

    The monarch’s goods cannot be taken under a writ of execution, nor can distress be levied on land in their possession. Chattels owned by the Crown, but present on another’s land, cannot be taken in execution or for distress. The Crown is not subject to foreclosure.

    Litigants
  • Protected: IN THE NORTHAMPTON HIGH COURT

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    Litigants
  • Learn The Rules Of Your Local Court

    Learn The Rules Of Your Local Court

    IN THE NORTHAMPTON HIGH COURT

    County Court Bulk Centre My Pick From The frequently asked questions

    What is the Claim process?

    The Claimant issues a Claim through the Claim Production Centre (CPC) – further details regarding the CPC can be found on the Bulk Centre web site. When the Claim form is sent, the Defendant has 14 days to respond to the Claim from the date of service (5 days after the date of issue) before judgment by default may be entered.  This information can be found at the top of your Claim form.

    If you send an Acknowledgment of Service, you then have 28 days after the date of service to send your Defence or Part Admission. If you agree to the full amount then complete the N9A form and send this directly to the Claimant.  Submitting an admission response may result in Judgment being entered against you.

    All of the above information can be found in your Claim pack.

    Litigants

    This case in the EU Court of Justice may sound rather abstruse, but is actually quite important. When someone starts a claim in the English courts for, say, a debt owed, and the defendant does not put in a defence, the claimant can simply ask the court to enter judgment for the sum claimed, and can bring enforcement proceedings based upon that judgment. In this procedure, the court is acting administratively, and typically no judge will be involved in the process. All very simple then.

    But that is not what happened in this case. The complication was that  the claimant wished to enforce the English judgment in Latvia.

    Northampton Bulk Centre.

    The purpose of the Bulk Centre is to provide an excellent service designed around the diverse needs of our customers. We use modern, streamlined systems to facilitate the removal of repetitive staff-intensive work from local courts to a central, computer-supported office in Northampton. There are about 170 staff dealing with the work at the Bulk Centre, which is made up of:

    What is your address, fax and DX number?

    The Northampton Bulk Centre
    4th floor, St Katherine’s House
    21-27 St Katherine’s Street
    Northampton
    NN1 2LH Tel: 0845 408 5302
    Fax: 0845 408 5304
    DX: 702885 Northampton 7

    English: It is showing a person a claim form t...
    English: It is showing a person a claim form to a legislator Español: Es una persona mostrando un formulario de reclamacion a un legislador (Photo credit: Wikipedia)

    Litigants
  • Protected: Don’t Talk to Police

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    Litigants
  • Suing The Police

    Suing The Police

    Mr. William Stirrat

    If the police threaten to arrest you unlawfully (for example, under an unlawful Section 14 notice) then they have assaulted you, as assault is defined at common law as any act that puts someone in anticipation of a battery Use the small claims procedure in your local County Court, which can be used for claims of up to £5,000 and is free to those on Income Support or JSA. It’s a user friendly procedure designed for ordinary people not lawyers, and you don’t have to pay costs even if you lose. Your local courts will have leaflets explaining delete ‘how’ the procedure. When suing the police, you would usually sue the chief constable of the police force in question.   It is your right to sue, and it is important that it is exercised. If you do not sue, it sends a message to the police that they can get away with breaking the law and oppressing you. If everyone sued then the police would be a lot more careful before arresting activists indiscriminately, Suing may take several years, and you will need to fight your corner at times. However, by doing so you will no only be gaining a considerable sum of money but helping other activists in the long run. Recommended solicitors to use for suing the police are:

    • Irwin Mitchell, St Peter’s House, Hartshead, Sheffield, S1 2EL. Tel: 0114 276 7777. Web: http://www.irwinmitchell.co.uk/
    • Bindman & Partners, 275 Gray’s Inn Road, London, WC1X 8QB. Tel: 020 7833 4433.

    www.freebeagles.org

    Suing the Police

    Before the passing of the HRA, it was much harder to assert your European Rights. If you wanted to sue the police for infringement of your ECHR rights, you had to go to the European court in Strasbourg – a lengthy and time-consuming experience. Now the Act has “brought the ECHR home”, and you can sue the police in the county courts and the High Court. Section 6 of the Act states that it is unlawful for a public authority to act in a way, which is incompatible with a convention right. Public authorities include both the courts and the police. So if a police officer acts in a way, which is incompatible with a convention right, you can sue them for breach of Section 6 of the Act. And this also imposes an obligation on the courts themselves to develop the law consistently with the convention.

    This now gives us a powerful tool against the police. Most of them don’t understand the new law, and probably don’t even realise that it is now unlawful for them to act in a way, which is incompatible with a convention right. On demonstrations always let the police know that that you know they are obliged by law to respect your convention rights. The police will often back down when confronted by someone who clearly knows the law better than they do, especially if you are videoing them at the same time. Good instances of when to quote the convention are when the police are threatening to make arrests for obstruction of the highway or under Section 5 of the Public Order Act 1986.

    Man suing police over alleged framing handed gun ban

    William Stirrat was jailed for six years over a £500,000 amphetamine sulphate bust in 2004.

    But his conviction was quashed by appeal judges who blasted Scottish Drug Enforcement Agency officers who worked on the investigation.

    Map of Gray's Inn Road
    Map of Gray’s Inn Road (Photo credit: Wikipedia)

  • LIBEL – LIBER

     

    LIBEL – LIBER

    Updating

    Claim Form (CPR Part 8)

    Freedom
    Freedom

    Lawsuits and allegations of homosexuality

    From Wikipedia, the free encyclopedia
    Liberace in 1968

    Liberace’s fame in the United States was matched for a time in the United Kingdom. In 1956, an article in The Daily Mirror by veteran columnist Cassandra (William Connor) mentioned that Liberace was “…the summit of sex—the pinnacle of masculine, feminine, and neuter. Everything that he, she, and it can ever want… a deadly, winking, sniggering, snuggling, chromium-plated, scent-impregnated, luminous, quivering, giggling, fruit-flavoured, mincing, ice-covered heap of mother love”, a description which did everything it could to imply he was homosexual without actually saying so.

    Yesterdays News Posted on February 6th, 2006 – 1:28 AM Thursday, June 18, 1959: Liberace wins libel suit