June 2013 – Page 2 – Current Awareness

Snakes & ladders – New Law Journal

Posted June 28th, 2013 in appeals, causation, ex turpi causa, joint enterprise, negligence, news, personal injuries, proportionality by tracey

“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

A matter of trust… New Law Journal

Posted June 28th, 2013 in company law, financial provision, matrimonial home, news, Supreme Court, trusts by tracey

“To widespread surprise, the Supreme Court allowed the wife’s appeal in Prest v Petrodel Resources [2013] UKSC 34, [2013] All ER (D) 90 (Jun) although on a different basis from the decision of Mr Justice Moylan at first instance. For those law “nerds” amongst us, the new Supreme Court live feed added an extra frisson, with social media abuzz with speculation as to what it might mean that Lord Sumption was to give the lead judgment. It quickly became clear that this may be a red herring (for Lady Hale to give the lead judgment would have been too obvious a clue). However, a more detailed consideration of the judgment may lead us to conclude that Lord Sumption was a clue indeed and that the corporate veil has survived fully intact, albeit it with the Supreme Court wedging open some doors for family lawyers on the issues of trusts and inferences to be drawn from both pre- and post-litigation behaviour.”

New Law Journal, 27th June 2013

Source: www.newlawjournal.co.uk

British army chief warns over negligence lawsuits – The Guardian

Posted June 28th, 2013 in armed forces, families, human rights, negligence, news, speeches by tracey

“Litigation threat over ill-equipped troops will not affect decisions made in heat of battle, says General Sir Peter Wall.”

The Guardian, 27th June 2013

Source: www.guardian.co.uk

Mobile phone insurance firms chastised by regulator – The Guardian

Posted June 28th, 2013 in claims management, complaints, consumer protection, financial regulation, fines, insurance, news, telecommunications by tracey

“Millions of people should now receive better protection from their mobile phone insurance after an investigation by the main City regulator uncovered examples of ‘unfair’ terms, poor product design and inadequate complaints handling.”

The Guardian, 27th June 2013

Source: www.guardian.co.uk

Jail term for Broad Street head stamp attacker Piara Purewal – BBC News

Posted June 28th, 2013 in closed circuit television, grievous bodily harm, news, sentencing, wounding by tracey

“A man has been jailed for more than seven years after admitting stamping 10 times on a teenager’s head in Birmingham city centre.”

BBC News, 27th June 2013

Source: www.bbc.co.uk

David Ribchester jailed for insurance fraud claim – BBC News

Posted June 28th, 2013 in fraud, insurance, news, sentencing by tracey

“A man who falsely claimed nearly £1m in compensation has been jailed for eight months.”

BBC News, 27th June 2013

Source: www.bbc.co.uk

Senior judge backs calls for Litvinenko public inquiry – Daily Telegraph

Posted June 28th, 2013 in inquests, inquiries, judges, murder, news, spying by tracey

“A senior judge has joined calls for a public inquiry in to the death of Russian
dissident Alexander Litvinenko, piling more pressure on the Government to act.”

Daily Telegraph, 27th June 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Complaints against judges and magistrates soar – Daily Telegraph

Posted June 28th, 2013 in complaints, judiciary, magistrates, news, reports, statistics by tracey

“New figures from the Office for Judicial Complaints (OJC) showed it received 2,154 complaints in 2012-13, up from 1,615 in the previous 12 months. However, after investigation only 55 cases led to disciplinary sanction, the report said.”

Daily Telegraph, 27th June 2013

Soruce: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Sentencing Council moves for tougher terms for UK-based fraudsters – The Guardian

Posted June 28th, 2013 in bribery, foreign jurisdictions, fraud, news, sentencing by tracey

“Latest moves are a step in the right direction but they fall short of pledge to ‘take white collar crime as seriously as other crime.’ ”

The Guardian, 27th June 2013

Source: www.guardian.co.uk

Afghan detainees drop legal challenge – BBC News

Posted June 28th, 2013 in Afghanistan, armed forces, detention, explosives, news, war by tracey

“Two Afghan detainees captured by British forces have dropped legal challenges to their detention and can now be transferred to the Afghan authorities, the High Court has heard.”

BBC News, 27th June 2013

Source: www.bbc.co.uk

Courtrooms to be fully digital by 2016 – BBC News

Posted June 28th, 2013 in case management, courts, documents, electronic filing, news by tracey

“Courtrooms in England and Wales will be fully digital by 2016, the government
says, ending what it described as ‘an outdated reliance on paper. ‘ ”

BBC News, 28th June 2013

Source: www.bbc.co.uk

Oxford sex grooming gang jailed for life – Daily Telegraph

Posted June 28th, 2013 in children, complaints, conspiracy, gangs, news, police, prostitution, rape, sentencing, sexual grooming, sexual offences, social services, trafficking in human beings by tracey

“Members of an Oxford gang who groomed vulnerable young girls for sex, repeatedly raping them and threatening to kill them if they told anyone, have been jailed for life.”

Daily Telegraph, 27th June 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Judge had ‘lenient’ sentencing decisons overturned three times in just one year – Daily Telegraph

Posted June 28th, 2013 in attorney general, judges, news, sentencing, statistics by tracey

“Judge Martin Joy, who sits at Maidstone Crown Court, was the only judge last year to see three of his decisions challenged by the government’s senior law officer, although two other judges had two referrals apiece.”

Daily Telegraph, 27th June 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Reforming children’s homes care: consultation on changes to The Children’s Homes Regulations 2001 (as amended) and The Care Standards Act 2000 (Registration) (England) Regulations 2010 – Department for Education

Posted June 27th, 2013 in care homes, children, consultations, news, regulations by sally

“This consultation seeks views on proposals to amend the Children’s Homes Regulations 2001 (as amended) (‘the Children’s Homes Regulations’), with a related amendment to the Care Standards Act 2000 (Registration) (England) Regulations 2010 (‘the Registration Regulations’), and a minor amendment to the Fostering Services (England) Regulations 2011 (covered at paragraph 12) (‘the Fostering Services Regulations’). The amendments are necessary to improve collaboration and partnership between children’s homes and services in their local communities so that there are effective safeguards in place for the vulnerable group of children relying on residential care.”

Full story (PDF)

Department for Education, 25th June 2013

Source: www.gov.uk/government/organisations/department-for-education

Girl awarded £14m compensation after car crash left her paralysed – The Guardian

Posted June 27th, 2013 in accidents, compensation, news, personal injuries by sally

“A teenager, left paralysed from the neck down following a car crash, has been awarded £14m – one of the largest compensation payments made to a minor.”

The Guardian, 26th June 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 27th, 2013 in law reports by sally

Supreme Court

Abela & Ors v. Baadarani [2013] UKSC 44 (26 June 2013)

Brown, R. v (Northern Ireland) [2013] UKSC 43 (26 June 2013)

North & Ors v Dumfries and Galloway Council (Scotland) [2013] UKSC 45 (26 June 2013)

Court of Appeal (Criminal Division)

Thompson, R v [2013] EWCA Crim 988 (25 June 2013)

Cox, R v [2013] EWCA Crim 1025 (25 June 2013)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Raju & Ors [2013] EWCA Civ 754 (25 June 2013)

Emezie v Secretary of State for the Home Department [2013] EWCA Civ 733 (26 June 2013)

The Pollen Estate Trustee Company Ltd & Anor v HM Revenue and Customs [2013] EWCA Civ 753 (26 June 2013)

Boyd v Incommunities Ltd [2013] EWCA Civ 756 (26 June 2013)

High Court (Queen’s Bench Division)

Cruddas v Calvert & Ors [2013] EWHC 1791 (QB) (26 June 2013)

Amin v Director General of the Security Service (MI5) & Ors [2013] EWHC 1579 (QB) (26 June 2013)

High Court (Chancery Division)

Avrahami & Ors v Biran & Ors [2013] EWHC 1776 (Ch) (25 June 2013)

JSC BTA Bank v Usarel Investments Ltd [2013] EWHC 1780 (Ch) (24 June 2013)

High Court (Administrative Court)

Hopkins Development Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1783 (Admin) (25 June 2013)

High Court (Commercial Court)

Sea-Cargo Skips AS v State Bank of India [2013] EWHC 177 (Comm) (26 June 2013)

High Court (Patents Court)

Eli Lilly & Company v Janssen Alzheimer Immunotherapy [2013] EWHC 1737 (Pat) (25 June 2013)

Source: www.bailii.org

Are you committed to the justice system? – Bar Standards Board

Posted June 27th, 2013 in barristers, legal profession, news by sally

“The Bar Standards Board is looking for a new lay member and a new Barrister member to contribute to our Board.”

Bar Standards Board, 26th June 2013

Source: www.barstandardsboard.org.uk

Abela v Baadarain – WLR Daily

Posted June 27th, 2013 in appeals, documents, foreign jurisdictions, law reports, news, service, Supreme Court by sally

Abela v Baadarain [2013] UKSC 44; [2013] WLR (D) 251

“The court’s power, when the parties were within the jurisdiction, to make an order under CPR r 6.15(2), that steps already taken to bring the claim form to the attention of the defendant by an alternative method or at an alternative place was good service, was applicable to claims where the defendant was outside the jurisdiction in a state in respect of which no relevant bilateral convention on service of judicial documents existed.”

WLR Daily, 26th June 2013

Source: www.iclr.co.uk

Hate Crime: The Case for Extending the Existing Offences – Law Commission

Posted June 27th, 2013 in consultations, crime, disabled persons, harassment, hate crime, homosexuality, incitement, Law Commission, news by sally

“This project came to the Law Commission by a reference from the Ministry of Justice, following the Government’s publication of its three-year hate crime action plan in 2012.”

Law Commission, 27th June 2013

Source: www.lawcommission.justice.gov.uk

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