Criminal Justice, Advocacy and the Bar – The Bar Council

Posted March 31st, 2015 in barristers, criminal justice, news, reports by sally

‘A new report by His Honour Geoffrey Rivlin QC, chair of the Criminal Justice Reform Group, commissioned by the Bar Council, sets out key recommendations for sustaining the criminal justice system in England & Wales.’

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The Bar Council, 31st March 2015

Source: www.barcouncil.org.uk

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Transfers of Proceedings under Article 15 Brussels II Revised in a Public Law Context – Family Law Week

Posted March 31st, 2015 in adoption, care orders, delay, EC law, foreign jurisdictions, news by sally

‘Oliver Jones, barrister of 4 Paper Buildings, and Maria Wright, solicitor of Freemans, currently seconded to the Court of Appeal, analyse a series of recent judgments in which the English courts have considered whether public law children proceedings should be in this jurisdiction or abroad.’

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Family Law Week, 27th March 2015

Source: www.familylawweek.co.uk

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Avoidance scheme effective despite HMRC’s attempt to rely on Ramsay – RPC Tax Take

Posted March 31st, 2015 in appeals, corporation tax, HM Revenue & Customs, news, tax avoidance, tribunals by sally

‘In Gemsupa Limited and Consolidated Property Wilmslow Limited v HMRC [2015] UKFTT 0097 (TC), the First-tier Tribunal (Tax Chamber) (“FTT”) found that an avoidance scheme designed to avoid corporation tax on chargeable gains on the disposal of properties through the use of share sales and options to create and then disband a group was effective.’

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RPC Tax Take, 25th March 2015

Source: www.rpc.co.uk

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Leaning towards insurable interests – Hardwicke Chambers

Posted March 31st, 2015 in insurance, negligence, news by sally

‘Where a claimant assured has no insurable interest in the subject matter of the insurance, a claim against the insurer will fail. The rationale behind this rule is to preclude the possibility of gambling by the assured. But making good a defence of lack of insurable interest is a challenge. A court is naturally reluctant to accept that no contract exists where an insurer has already accepted an insurance premium. The recent High Court decision in Western Trading Ltd illustrates this reluctance.’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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Regina v ABC and others; Regina v Sabey – WLR Daily

Regina v ABC and others; Regina v Sabey [2015] EWCA Crim 539; [2015] WLR (D) 146

‘In a prosecution for misconduct in public office it was necessary for the judge to make clear that the necessary conduct was not simply a breach of duty or a breach of trust and that the level was one where the conduct was calculated to injure the public interest so as to call for condemnation and punishment, the threshold of conduct being so serious that it amounted to an abuse of the public’s trust in the office holder, and being a high threshold. In relation to aiding and abetting the offence it was not necessary to establish that the office holder intended to cross the threshold: means of knowledge available to the defendant to make the necessary assessment of the seriousness of the principal’s conduct was sufficient. In relation to conspiracy to commit the offence it was not necessary that a defendant knew or intended that the misconduct concerned would meet the requisite threshold of seriousness.’

WLR Daily, 26th March 2015

Source: www.iclr.co.uk

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In re International Game Technology plc and another – WLR Daily

Posted March 31st, 2015 in company law, law reports, mergers, regulations by sally

In re International Game Technology plc and another [2015] EWHC 717 (Ch); [2015] WLR (D) 148

‘The court had jurisdiction under regulation 16 of the Companies (Cross-Border Mergers) Regulations 2007 (SI 2007/2974) to make an order approving a cross-border merger subject to conditions and that conditionality was merely a factor for the court to take into account in exercising its discretion unless the court was satisfied that a conditional order would be futile.’

WLR Daily, 19th March 2015

Source: www.iclr.co.uk

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PF (Nigeria) v Secretary of State for the Home Department – WLR Daily

PF (Nigeria) v Secretary of State for the Home Department [2015] EWCA Civ 251; [2015] WLR (D) 149

‘Where a decision of the First-tier or Upper Tribunal was not unanimous and the votes of the tribunal members were equally divided, the power conferred on the presiding member of the tribunal to provide the casting vote was not to be exercised irrespective of the nature and extent of the disagreement between the tribunal members. Disagreement as to the applicable law might in general justify the exercise of the casting vote, but not disagreement on fundamental primary factual issues.’

WLR Daily, 25th March 2015

Source: www.iclr.co.uk

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Libel and slander – Law Society’s Gazette

Posted March 31st, 2015 in defamation, legislation, news by sally

‘The Defamation Act 2013 in some respects reformed the English law on defamation. Here are example cases in which it has been applied since last January.’

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Law Society’s Gazette, 30th March 2015

Source: www.lawgazette.co.uk

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Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd – WLR Daily

Posted March 31st, 2015 in appeals, company law, landlord & tenant, law reports, regulations by sally

Ninety Broomfield Road RTM Co Ltd v Triplerose Ltd; Garner Court RTM Co Ltd v Freehold Managers (Nominees) Ltd; Holybrook RTM Co Ltd v Proxima GR Properties Ltd [2015] EWCA Civ 282; [2015] WLR (D) 147

‘Pursuant to section 72 of the Commonhold and Leasehold Reform Act 2002, a right to manage company could not acquire the right to manage more than one self-contained building or part of a building.’

WLR Daily, 27th March 2015

Source: www.iclr.co.uk

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Regina v Quillan and others – WLR Daily

Regina v Quillan and others [2015] EWCA Crim 538; [2015] WLR (D) 144

‘If it was likely that a judge would need to make a ruling on a question of law relating to a criminal trial, it would usually be better to order a preparatory hearing before the start of the trial rather than having to make such a ruling after the jury had been sworn and the trial commenced, when any appeal against such a ruling by the Crown would require an undertaking that the defendant was entitled to be acquitted if the appeal failed.’

WLR Daily, 25th March

Source: www.iclr.co.uk

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Society outrage at ‘back door’ criminal court fees – Law Society’s Gazette

Posted March 31st, 2015 in courts, criminal justice, fees, news, trials by sally

‘Suspects pleading not guilty in the Crown court will risk paying a court fee of £1,200 if convicted under guidelines slipped into legislation without debate in the final days of the current parliament.’

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Law Society’s Gazette, 27th March 2015

Source: www.lawgazette.co.uk

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Is the defendant worth suing? – Hardwicke Chambers

Posted March 31st, 2015 in civil procedure rules, costs, insurance, negligence, news, regulations by sally

‘“You can’t get blood out of a stone”. “There’s no point in throwing good money after bad”. Many will have found themselves using clichés when advising a claimant where the defendant’s ability to meet any future award is very much in doubt. In professional negligence claims the normal expectation is that the defendant will have professional indemnity insurance cover that will meet any claim, but how can one be sure? And even if there is cover can one find out the level of that cover?’

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Hardwicke Chambers, 24th March 2015

Source: www.hardwicke.co.uk

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Senior male nurse filmed himself raping unconscious women in A&E – The Independent

Posted March 31st, 2015 in guilty pleas, news, nurses, pornography, rape, victims, voyeurism by sally

‘A male nurse has admitted filming himself raping two unconscious women in A&E while patients lay just feet away.’

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The Independent, 30th March 2015

Source: www.independent.co.uk

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War inside the court room – UK Human Rights Blog

Posted March 31st, 2015 in armed forces, foreign jurisdictions, human rights, Iraq, news, war by sally

‘The High Court has ruled that the ECHR applies to situations where Iraqi civilians were shot during security operations conducted by British soldiers. When taken together with the parallel cases being brought against the MOD for breach of its Article 2 obligations towards its own soldiers, it appears increasingly likely that any operation undertaken by the British Army in the future will lead to legal challenges being brought against almost every aspect of its actions pre, during and post any use of military force.’

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UK Human Rights Blog, 29th March 2015

Source: www.ukhumanrightsblog.com

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Media regulator issues new guidelines on young people on TV and radio – The Guardian

Posted March 31st, 2015 in children, codes of practice, complaints, consultations, media, news by sally

‘Broadcasters are being told to take into account the impact of bullying on social media in new guidelines covering the appearance of children and young people on TV and radio released by Ofcom.’

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The Guardian, 30th March 2015

Source: www.guardian.co.uk

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Appeal judges condemn district judge who failed to give “any adequate reasons” for ruling – Litigation Futures

Posted March 31st, 2015 in appeals, judges, judiciary, news, reasons, retrials by sally

‘The Court of Appeal has strongly criticised a district judge who failed to produce “any adequate reasons” for reaching his conclusions in an adverse possession case.’

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Litigation Futures, 31st March 2015

Source: www.litigationfutures.com

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PC Darren Heath jailed over sex with vulnerable women – BBC News

Posted March 31st, 2015 in misfeasance in public office, news, police, sentencing, sexual offences by sally

‘A “manipulative and calculating” police officer who abused his position to have sex with vulnerable women he met while on duty has been jailed.’

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BBC News, 30th March 2015

Source: www.bbc.co.uk

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DIY Justice – Panorama

Posted March 31st, 2015 in care orders, legal aid, legal representation, litigants in person, news by sally

‘Raphael Rowe meets the parents fighting for access to their children without any legal assistance. Cuts to legal aid mean they must represent themselves in court.’

iPlayer

Panorama, 30th March 2015

Source: www.bbc.co.uk

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After settlement of a claim for asbestos-related disease against two employers, is it an abuse of process to bring a claim for mesothelioma against a third employer two and a half years later? – Zenith PI Blog

Posted March 31st, 2015 in abuse of process, asbestos, industrial injuries, limitations, news by sally

‘The High Court decision in Lloyd v Humphreys and Glasgow Ltd [2015] EWHC 525 (QB) handed down on 20.3.2015 considers if there was abuse of process in those circumstances. It is also a useful example of the Court’s willingness to exercise its discretion under section 33 of the Limitation Act 1980.’

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Zenith PI Blog, 30th March 2015

Source: www.zenithpi.wordpress.com

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The Tale of the Black Spider: The Supreme Court speaks – UK Human Rights Blog

‘And so, the long legal saga of the Black Spider Letters finally comes to a close.

I last blogged about this case back in October 2012. At that time, the Attorney General had ignited controversy by invoking a little-known power under section 53 of the Freedom of Information Act 2000 (FOIA).’

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UK Human Rights Blog, 27th March 2015

Source: www.ukhumanrightsblog.com

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