Briton Lindsay Sandiford challenges government refusal to fund appeal against Bali drug smuggling death sentence – The Independent

“Lawyers for British grandmother Lindsay Sandiford today launched an urgent new legal challenge over a UK Government refusal to fund her appeal against a death sentence imposed by an Indonesian court after she was found guilty of drug smuggling.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Comments Off

Teacher wins right to have dropped allegation removed from criminal record checks – The Independent

“A police force unlawfully infringed a physical education teacher’s human rights by refusing to remove detail of an 18-year-old woman’s harassment allegation from a ‘criminal record certificate’ available to potential employers, a High Court judge has ruled.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Comments Off

The end of late chopping and changing – New Law Journal

Posted April 22nd, 2013 in amendments, budgets, civil procedure rules, costs, news, pleadings, trials by sally

“‘We will amend at trial’ was one of the most common phrases in legal parlance. No more. It is evident on several fronts that the days of belated change, even well before trial, are over. I would go so far as to say that a practitioner failing to act at the earliest possible opportunity is now looking at a potential negligence claim. The robust new attitude demonstrated by Lord Justice Jackson and his cohorts has been applied to pleadings, experts and joinder.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Comments Off

Criminal legal aid cuts prompt protest by northern lawyers – The Guardian

“Hundreds of barristers and solicitors are holding an all-day protest meeting against government plans to cut criminal legal aid and end defendants’ right to choose their lawyer.”

Full story

The Guardian, 22nd April 2013

Source: www.guardian.co.uk

Comments Off

BAILII: Recent Decisions

Posted April 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

F, R. v [2013] EWCA Crim 424 (14 March 2013)

Hursthouse, R. v [2013] EWCA Crim 517 (15 March 2013)

Court of Appeal (Civil Division)

Azevedo & Anor v Imcopa Importacao, Exportacao E Indústria De Oleos Ltd & Ors [2013] EWCA Civ 364 (22 April 2013)

Lawlor v Sandvik Mining & Construction Mobile Crushers and Screens Ltd [2013] EWCA Civ 365 (22 April 2013)

High Court (Queen’s Bench Division)

Hamaiziam & Anor v The Commissioner of Police for the Metropolis [2013] EWHC 848 (QB) (17 April 2013)

High Court (Chancery Division)

Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2013] EWHC 948 (Ch) (22 April 2013)

Shop Direct Group & Ors v HM Revenue and Customs [2013] EWHC 942 (Ch) (19 April 2013)

High Court (Administrative Court)

L, R (on the application of) v Cumbria Constabulary [2013] EWHC 869 (Admin) (19 April 2013)

Ashton v The General Medical Council [2013] EWHC 943 (Admin) (19 April 2013)

Evans, R (on the application of) v Basingstoke And Deane Borough Council [2013] EWHC 899 (Admin) (19 April 2013)

Cain, R. (In the Application of) v Secretary of State for Justice [2013] EWHC 900 (Admin) (19 April 2013)

High Court (Commercial Court)

(Granton Action) JSC BTA Bank v Ablyazov & Ors [2013] EWHC 867 (Comm) (19 April 2013)

High Court (Technology and Construction Court)

Roche Diagnostics Ltd v The Mid Yorkshire Hospitals NHS Trust [2013] EWHC 933 (TCC) (19 April 2013)

High Court (Patents Court)

Nestec SA & Ors v Dualit Ltd & Ors [2013] EWHC 923 (Pat) (22 April 2013)

Source: www.bailii.org

Comments Off

A tricky path – New Law Journal

“The conveyancing profession has always had to walk a difficult line in carrying out its day-to-day activities in property transactions. Not only are conveyancers required to be expert in all aspects of property related law, but they have a duty of care to everyone in the transaction (or so it seems). It can easily be the case that, despite a firm’s intentions to act in their client’s best interests, under outcomes-focused regulation, they can still be held liable for issues that arise. This responsibility, coupled with increasing regulation and compliance requirements, downward pressure on fees and on-going problems with access to lender panels, makes the conveyancing landscape more than a little challenging.”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Comments Off

Boardman v Governing Body of Clarence High School and another – WLR Daily

Boardman v Governing Body of Clarence High School and another [2013] EWCA Civ 198; [2013] WLR (D) 145

“It was axiomatic that the Employment Appeal Tribunal could only interfere with the decision of an employment tribunal if it identified an error of law. In relation to unfair dismissal the appeal tribunal had to address the issue of whether the employment tribunal had found that the employer had satisfied the reasonable responses test and any criticisms of the employment tribunal were to be directed at that issue.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Comments Off

George v Ministry of Justice – WLR Daily

George v Ministry of Justice [2013] EWCA Civ 324; [2013] WLR (D) 144

“A provision in a collective agreement allowing for time off in lieu within a specified period where a prison officer was requested to work extra hours was not contractual.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Comments Off

Colloseum Holding AG v Levi Strauss & Co – WLR Daily

Posted April 22nd, 2013 in EC law, law reports, trade marks by sally

Colloseum Holding AG v Levi Strauss & Co (Case C–12/12); [2013] WLR (D) 143

“The condition of ‘genuine use’ of a trade mark, within the meaning of article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, was satisfied where a registered trade mark, which had become distinctive as a result of the use of another composite mark of which it constituted one of the elements, was used only through that other composite mark, or where it was used only in conjunction with another mark, and the combination of those two marks was, furthermore, itself registered as a trade mark.”

WLR Daily, 18th April 2013

Source: www.iclr.co.uk

Comments Off

Jacob Rowbottom: A surprise ruling? Strasbourg upholds the ban on paid political ads on TV and Radio – UK Constitutional Law Group

“The European Court of Human Rights has given its decision in Animal Defenders International , holding that the ban on political advertising on the broadcast media does not violate Article 10. I had been convinced that the Strasbourg Court, following earlier decisions in Switzerland and Norway, would come to the opposite conclusion – but I am relieved that they did not. The ban on political ads has been a crucial measure that has helped to keep the cost of politics down in the UK. That said, it was a close shave. The ban was upheld by a majority of 9, with 8 dissenting. The decision was published earlier this morning, so what follows are my initial thoughts.”

Full story

UK Constitutional Law Group, 22nd April 2013

Source: www.ukconstitutionallaw.org

Comments Off

Cutting to the chase – New Law Journal

Posted April 22nd, 2013 in case management, costs, damages, doctors, expert witnesses, news, personal injuries by sally

“The Jackson and associated reforms in civil court procedure are largely now in place. Extended ‘tracks’ and ‘portals’, reduced fixed fees, costs budgeting and non-recoverability of success fees will force lawyers to take a close look at the costs incurred in presenting an injury claim and how most efficiently to put the claim together. The medical report is essential, providing the foundations of much of the claim.”

Full story

New Law Journal, 19th April 2013

Source: www.newlawjournal.co.uk

Comments Off

The new model – New Law Journal

Posted April 22nd, 2013 in budgets, internet, legal aid, legal representation, litigants in person, news by sally

“Labour’s Lord Bach fought a good deal harder in the House of Lords to defend legal aid from the coalition’s cuts than many of his colleagues. But, the key provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 are now in force. Civil legal aid will never again have the comprehensive coverage that once it did: in particular, partners whose relationships break down are going to have a particularly hard time. No government, realistically, is going to restart funding at past levels. What can be done to assist the women who are most likely to be the major victims of these cuts?”

Full story

New Law Journal, 18th April 2013

Source: www.newlawjournal.co.uk

Comments Off

Court awards anonymity for victim of libellous “paedophile” allegations – UK Human Rights Blog

Posted April 22nd, 2013 in blackmail, child abuse, compensation, damages, defamation, fraud, internet, news, victims by sally

“The permanent damage that internet publications can inflict is very much the focus of Tugendhat J’s assessment of damages in this case, encapsulated in the memorable description he quoted in an earlier judgment: ‘what is to be found on the internet may become like a tattoo’.”

Full story

UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Comments Off

Law Commission proposes changes to ‘groundless threats’ IP laws – OUT-LAW.com

“A law reform body has proposed changes to the law that would make it easier for businesses seeking to protect their trade marks and design rights to make threats of legal action against alleged infringers of their rights without fear that those threats could be the subject of court action.”

Full story

OUT-LAW.com, 22nd April 2013

Source: www.out-law.com

Comments Off

Jihadist suspect cannot be extradited to United States because of his mental illness – UK Human Rights Blog

Posted April 22nd, 2013 in appeals, conspiracy, extradition, human rights, mental health, news, terrorism by sally

“The Strasbourg Court has ruled that a terrorist suspect detained in the United Kingdom’s Broadmoor hospital should not be extradited to the United States because of the risk that his mental condition would deteriorate there.”

Full story

UK Human Rights Blog, 21st April 2013

Source: www.ukhumanrightsblog.com

Comments Off

Home Office faces legal action unless it reveals details of ‘Snooper’s charter’ – Daily Telegraph

“The Home Office is facing legal action unless it reveals key details of its so-called Snooper’s Charter.”

Full story

Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Comments Off

Last British resident in Guantánamo ‘may never be allowed home’ – The Guardian

Posted April 22nd, 2013 in demonstrations, detention, intelligence services, news, police, torture by sally

“The last British resident being held in Guantánamo Bay may never be allowed to return to his family in London because of an alleged ‘secret deal’ between US authorities, Saudi Arabia and the British security services.”

Full story

The Guardian, 20th April 2013

Source: www.guardian.co.uk

Comments Off

Local authority ordered to pay substantial costs in family human rights case – UK Human Rights Blog

“This was a costs application arising from an extremely important decision by Peter Jackson J in June 2012 (see Alasdair Henderson’s post here and read judgment).”

Full story

UK Human Rights Blog, 19th April 2013

Source: www.ukhumanrightsblog.com

Comments Off

Christians launch landmark human rights case – Daily Telegraph

“Christians are to launch a landmark legal case arguing their religion is being treated as a ‘thought crime’ by government and courts.”

Full story

Daily Telegraph, 20th April 2013

Source: www.telegraph.co.uk

Comments Off

Justice by postcode: variety in magistrates’ sentences revealed – The Independent

Posted April 22nd, 2013 in magistrates, news, recidivists, sentencing, statistics by sally

“The number of criminals sent to prison by magistrates in England and Wales varies dramatically depending on which court does the sentencing, research reveals today.”

Full story

The Independent, 22nd April 2013

Source: www.independent.co.uk

Comments Off