Recent Statutory Instruments – legislation.gov.uk

Posted November 1st, 2013 in legislation by sally

The Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013

The Unauthorised Unit Trusts (Tax) Regulations 2013

The Public Service Pensions Act 2013 (Commencement No. 2 and Transitional Provisions) Order 2013

The Court of Appeal (Recording and Broadcasting) Order 2013

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted November 1st, 2013 in law reports by sally

Supreme Court

Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 (30 October 2013)

Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions [2013] UKSC 68 (30 October 2013)

Court of Appeal (Criminal Division)

SO v The Crown [2013] EWCA Crim 1725 (11 October 2013)

Silvera, R. v [2013] EWCA Crim 1764 (04 October 2013)

Bailey, R. v [2013] EWCA Crim 1779 (04 October 2013)

High Court (Technology and Construction Court)

Co-Operative Group Ltd v Birse Development Ltd [2013] EWHC 3352 (TCC) (17 October 2013)

High Court (Patents Court)

HTC Corporation v Nokia Corporation [2013] EWHC 3247 (Pat) (30 October 2013)

Hamsard 3147 Ltd (t/a Mini Mode Childrenswear) & Anor v Boots UK Ltd [2013] EWHC 3251 (Pat) (31 October 2013)

Source: www.bailii.org

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Law, morality and religion in the family courts – Keynote address given by Sir James Munby

Posted November 1st, 2013 in family courts, judges, legal history, news, speeches by sally

Law, morality and religion in the family courts (PDF)

Keynote address given by Sir James Munby

The Law Society’s Family Law Annual Conference, 29th October 2013

Source: www.judiciary.gov.uk

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Bar Council responds to legal aid consultation: MoJ is putting cuts before justice – The Bar Council

Posted November 1st, 2013 in barristers, consultations, criminal justice, legal aid, news by sally

The Bar Council, which represents barristers in England and Wales, has today responded to the Ministry of Justice’s (MoJ) second consultation on legal aid cuts, launching a profound and reasoned criticism on the Department for putting instant savings above the long-term health of the justice system.

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The Bar Council, 1st November 2013

Source: www.barcouncil.org.uk

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Therapeutic Provision for Parents in Care Proceedings – who should be footing the bill? – Family Law Week

Posted November 1st, 2013 in care orders, families, health, local government, mental health, news by sally

“Matthew Burman, barrister of St Albans Chambers explores the respective legal duties of the NHS and local authorities in securing the provision of psychotherapy for parents in care proceedings.”

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Family Law Week, 31st October 2013

Source: www.familylawweek.co.uk

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Young Legal Aid Lawyers: Social Mobility – Speech by Lady Hale

Posted November 1st, 2013 in diversity, judges, legal profession, news, speeches by sally

Young Legal Aid Lawyers: Social Mobility (PDF)

Speech by Lady Hale

London South Bank University, 30th October 2013

Source: www.supremecourt.gov.uk

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Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] UKSC 68; [2013] WLR (D) 413

“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

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You can’t be disabled when you’re dead – a footnote to R (Antoniou) – UK Human Rights Blog

Posted November 1st, 2013 in detention, disabled persons, inquests, mental health, news, suicide by sally

“A somewhat curious additional point arises out of the case of R (Antoniou) – see my earlier post for the main issue – in which the court decided that Article 2 ECHR does not require an independent investigation into deaths in state detention prior to a coroner’s inquest. There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self-harm, of a mentally ill person detained under Section 3 of the Mental Health Act 1983. There is such an investigation when a prisoner commits suicide. The Claimant thought this smacked of discrimination against the mentally disabled. The Court disagreed – on the somewhat surprising ground that you can’t be disabled once you’re dead.”

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UK Human Rights Blog, 31st October 2013

Source: www.ukhumanrightsblog.com

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Lawyers to earn higher legal aid fees for early guilty pleas – The Guardian

Posted November 1st, 2013 in criminal justice, fees, guilty pleas, legal aid, news by sally

“Lawyers will be given financial incentives to encourage clients to plead guilty early under government reforms to legal aid but will lose money if cases go to trial, according to solicitors in London.”

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The Guardian, 1st November 2013

Source: www.guardian.co.uk

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Don’t ignore the Court of Appeal – NearlyLegal

Posted November 1st, 2013 in appeals, damages, harassment, landlord & tenant, news, repossession by sally

“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”

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NearlyLegal, 31st October 2013

Source: www.nearlylegal.co.uk

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First verdict on Jackson: litigators give thumbs down – Litigation Futures

Posted November 1st, 2013 in budgets, civil justice, costs, legal profession, news by sally

“Seven months into the Jackson reforms and litigators see rising costs and no greater access to justice as the main results so far, according to a new poll.”

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Litigation Futures, 31st October 2013

Source: www.litigationfutures.com

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Women sentenced for stripping at Manchester airport – Daily Telegraph

Posted November 1st, 2013 in airports, alcohol abuse, conditional discharge, costs, fines, news, public order, sentencing by sally

“Two women have been sentenced for taking off their clothes in front of shocked passengers at Manchester airport.”

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Daily Telegraph, 1st November 2013

Source: www.telegraph.co.uk

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Court of Appeal broadcasters must learn the Supreme Court lessons – UK Human Rights Blog

Posted November 1st, 2013 in appeals, courts, media, news, Supreme Court by sally

“TV cameras are recording Court of Appeal hearings from today. The BBC, ITN, Sky News and the Press Association are cooperating on the project, and have hired an in-court video-journalist who will recommend the most interesting cases.”

Full story

UK Human Rights Blog, 31st October 2013

Source: www.ukhumanrightsblog.com

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Schedule 7: A Necessary Evil? – Garden Court Chambers Blog

Posted November 1st, 2013 in bills, immigration, investigatory powers, news, stop and search, terrorism by sally

“Ali Naseem Bajwa QC and Terry McGuinness examine port stops carried out under Schedule 7 of the Terrorism Act 2000.”

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Garden Court Chambers Blog,

Source: www.gclaw.wordpress.com

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Proportion of young offenders committing new crimes reached 10-year high – Daily Telegraph

Posted November 1st, 2013 in crime, news, statistics, young offenders by sally

“Young criminals are more likely to commit additional crimes than they were 10 years ago, according to figures published by the Government.”

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Daily Telegraph, 31st October 2013

Source: www.telegraph.co.uk

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Liz Fisher: The Proposal for a New Specialist Planning Chamber and the Framing of Administrative Law – UK Constitutional Law Group

Posted November 1st, 2013 in courts, environmental protection, judicial review, news, planning, tribunals by sally

“One of proposals in the Ministry of Justice’s paper on Judicial Review: Proposals for Further Reform is the creation of a new specialist planning chamber as part of the Upper Tribunal. While planning tends to be thought of as a niche area of public law (and a technically dense one at that) the way in which the paper frames discussion should give public lawyers pause for thought. This is particularly when planning judicial reviews have often been cited by government representatives as examples of why reform is needed to judicial review. The Further Reforms paper is no exception – the only two ‘case studies’ (albeit no case names) given in the paper are of judicial review of planning decisions (p 5 and 6).”

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UK Constitutional Law Group, 1st November 2013

Source: www.ukconstitutionallaw.org

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FCA outlines plans to tighten regulation in asset management industry – OUT-LAW.com

Posted November 1st, 2013 in conflict of interest, consultations, financial regulation, news, speeches by sally

“The Financial Conduct Authority (FCA) is to conduct a review into the asset management industry in an effort to understand whether payment arrangements between asset managers and brokers give rise to conflicts of interest in the market.”

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OUT-LAW.com, 31st October 2013

Source: www.out-law.com

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Human Rights Act is stopping us deporting foreign criminals, minister says – Daily Telegraph

Posted November 1st, 2013 in crime, deportation, human rights, news by sally

“European human rights laws that prevent the deportation of foreign criminals must be overhauled, a minister has said, after figures showed that only a tiny fraction are ever thrown out of Britain.”

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Daily Telegraph, 31st October 2013

Source: www.telegraph.co.uk

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Freedom of expression – nakedness in a public place – UK Human Rights Blog

Posted November 1st, 2013 in freedom of expression, human rights, news, public order by sally

“Mr Gough wishes to walk up and down the UK naked. Others do not approve of this, so his progress has been somewhat stop-start. This appeal concerns a brief and inglorious autumnal outing in Halifax. He was released from the local nick at 11.30 am on 25 October 2012, wearing only walking boots, socks, a hat, a rucksack and a compass on a lanyard around his neck. ‘He was otherwise naked and his genitalia were on plain view.’ He then walked through Halifax town centre for about 15 minutes.”

Full story

UK Human Rights Blog, 31st October 2013

Source: www.ukhumanrightsblog.com

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Senior judge warns of leap in Oxbridge lawyers – Daily Telegraph

Posted November 1st, 2013 in diversity, judges, legal profession, news, speeches by sally

“A ‘startling leap’ in the proportion of lawyers from Oxbridge and professional backgrounds threatens the diversity of the profession, Baroness Hale, Britain’s most senior female judge, warns.”

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Daily Telegraph, 1st November 2013

Source: www.telegraph.co.uk

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