Killer Marine told he ‘increased risk of revenge attacks’ and sentenced to minimum 10 years – Daily Telegraph

Posted December 6th, 2013 in armed forces, murder, news, sentencing by tracey

‘Royal Marine filmed executing injured Taliban insurgent in cold blood is given ten year minimum jail sentence, as judge tells him: “You have betrayed all British service personnel. ” ‘

Full story

Daily Telegraph, 6th December 2013

Source: www.telegraph.co.uk

Detective jailed after failing to investigate alleged rape – Daily Teleraph

Posted December 6th, 2013 in misfeasance in public office, news, police, sentencing by tracey

‘Acting Detective Constable Hannah Notley never submitted papers on the case to the Crown Prosecution Service.’

Full story

Daily Telegraph, 6th December 2013

Source: www.telegraph.co.uk

Halesowen forklift death factory fined over impaled worker – BBC News

Posted December 6th, 2013 in accidents, fines, health & safety, news by tracey

‘A glue manufacturer has been fined more than £173,000 after a worker died when he was impaled on the prongs of a forklift truck.’

Full story

BBC News, 6th December 2013

Source: www.bbc.co.uk

Tetraplegic student Andrew Risk paralysed after diving into 2ft of water loses damages claim against college – The Independent

’25-year-old had claimed his injury in June 2009 was caused by a breach of duty of care or negligence on the part of Rose Bruford College in Sidcup.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk

Command Papers – official-documents.gov.uk

Posted December 6th, 2013 in parliamentary papers by tracey

Economic and fiscal outlook December 2013, Cm 8748 (PDF)

Autumn statement 2013, Cm 8747 (PDF)

Source: www.official-documents.gov.uk

Industrial disease victims central to changes – Ministry of Justice

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

Full press release

Ministry of Justice, 4th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Government backtracks on mesothelioma reforms but moves to end recoverability – Litigation Futures

‘The government has responded to widespread pressure and scrapped plans to impose an insurance industry-devised mesothelioma pre-action protocol (PAP) and the fixed recoverable costs regime (FRC) that underpinned it.’

Full story

Litigtaiton Futures, 5th December 2013

Source: www.litigationfutures.com

Social media users warned over court case comments – BBC News

Posted December 6th, 2013 in contempt of court, internet, news, publishing, trials, victims by tracey

‘The attorney general is to publish guidance on Twitter to help prevent social media users from committing contempt of court when commenting on legal cases.’

Full story

BBC News, 4th December 2013

Source: www.bbc.co.uk

Government proposes higher court fees for commercial cases – OUT-LAW.com

Posted December 6th, 2013 in civil justice, company law, consultations, courts, fees, news by tracey

‘Companies seeking to recover large sums through the civil courts could be charged up to £20,000 in fees under proposals put forward by the Ministry of Justice (MoJ).’

Full story

OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Mba, Article 9 and Indirect Discrimination – Employment Law Blog

‘Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a necklace over her uniform so that others could see it. She considered that that was a religious belief. Over-simplifying, doing what she wanted to do meant a breach of her employer’s dress code. Ms Eweida complained that, amongst other things, she was the victim of an act of indirect discrimination.’

Full story

Employment Law Blog, 5th December 2013

Source: www.employment11kbw.com

HTC Corpn v Nokia Corpn – WLR Daily

Posted December 6th, 2013 in injunctions, intellectual property, law reports, patents, telecommunications by tracey

HTC Corpn v Nokia Corpn: [2013] EWHC 3778 (Pat);   [2013] WLR (D)  468

‘The criteria to be applied in deciding whether or not to grant an injunction for infringement of intellectual property rights were those of efficacy, proportionality, dissuasiveness, the avoidance of creating barriers to legitimate trade and the provision of safeguards against abuse as set out in article 3(2) of Parliament and Council Directive 2004/48/EC.’

WLR Daily, 3rd December 2013

Source: www.iclr.co.uk

Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by tracey

Rayner v Legal Services Commission: [2013] WLR (D)  467

‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’

WLR Daily, 2nd December 2013

Source: www.iclr.co.uk

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by tracey

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 6th, 2013 in news by tracey

Supreme Court

KL (A Child), Re [2013] UKSC 75 (4 December 2013)

Court of Appeal (Civil Division)

Pokhriyal v The Secretary of State for the Home Department [2013] EWCA Civ 1568 (05 December 2013)

IM (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1561 (05 December 2013)

Chandra & Anor v Brooke North (a firm) & Anor [2013] EWCA Civ 1559 (05 December 2013)

Smith v Secretary of State for Energy And Climate Change [2013] EWCA Civ 1585 (05 December 2013)

MBA v London Borough of Merton [2013] EWCA Civ 1562 (05 December 2013)

Obrey & Ors v The Secretary of State for Work And Pensions & Anor [2013] EWCA Civ 1584 (05 December 2013)

Court of Appeal (Criminal Division)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

G & Anor, R. v [2013] EWCA Crim 2237 (05 December 2013)

Scully, R. v [2013] EWCA Crim 2288 (05 December 2013)

Matthews, R. v [2013] EWCA Crim 2238 (05 December 2013)

High Court (Administrative Court)

HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 3874 (Admin) (06 December 2013)

Lee & Ors v Solihull Magistrates Court & Anor [2013] EWHC 3779 (Admin) (05 December 2013)

Hussain v General Medical Council [2013] EWHC 3865 (Admin) (05 December 2013)

Midcounties Co-Operative Ltd, R (On the Application Of) v Swindon Borough Council & Anor [2013] EWHC 3775 (Admin) (04 December 2013)

High Court (Chancery Division)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2013] EWHC 3788 (Ch) (04 December 2013)

High Court (Commercial Court)

The Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm) (29 November 2013)

High Court (Family Division)

Asaad v Kurter [2013] EWHC 3852 (Fam) (05 December 2013)

High Court (Queen’s Bench Division)

Norseman Holdings Ltd v Warwick Court (Harold Hill) Management Company Ltd [2013] EWHC 3868 (QB) (04 December 2013)

Source: www.bailii.org

 

Suspension ordered for ‘win at all costs’ Times solicitor – Law Society’s Gazette

‘The Times newspaper’s former legal director is to be suspended from practising for six months from 16 December after a Solicitors Disciplinary Tribunal hearing ruled that he had knowingly allowed a court to be misled through his “win at all costs” approach.’

Full story

Law Society’s Gazette, 6th December 2013

Source: www.lawgazette.co.uk

National Security trumps disclosure of Litvinenko secret documents, rules High Court – UK Human Rights Blog

‘Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin). The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.’

Full story

UK Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

Isa Muaza granted more time in UK – The Guardian

Posted December 6th, 2013 in asylum, deportation, judicial review, news, restraint orders by tracey

‘Asylum seeker who was returned to UK in a failed deportation attempt will stay in the country pending judicial review.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Teacher who molested pupils has sentence increased by court of appeal – The Guardian

Posted December 6th, 2013 in appeals, news, sentencing, sexual offences, teachers by tracey

‘A primary school teacher who molested his pupils and filmed children’s genitals as they changed for swimming lessons has seen his six-month jail sentence more than doubled.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Escort Michael Brennan jailed for Paul Simons murder – BBC News

Posted December 6th, 2013 in murder, news, sentencing by tracey

‘A male escort has been jailed for life for the “cold and calculated” murder of an antiques dealer.’

Full story

BBC News, 5th December 2013

Source: www.bbc.co.uk

The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk