Fake sheikh’ fails to prevent Panorama exposure of his appearance – The Guardian

Posted November 7th, 2014 in injunctions, media, news, perjury by tracey

‘Lawyers for the “fake sheikh” journalist, Mazher Mahmood, have failed to win a high court injunction preventing a documentary from revealing his appearance.’

Full story

The Guardian, 7th November 2014

Source: www.guardian.co.uk

Ian Edmondson jailed for eight months over phone hacking – The Guardian

Posted November 7th, 2014 in conspiracy, guilty pleas, interception, news, sentencing, telecommunications by tracey

‘A former news editor at the News of the World has been sentenced to eight months in prison after he pleaded guilty to plotting to hack the phones of public figures, sports stars and celebrities.’

Full story

The Guardian, 7th November 2014

Source: www.guardian.co.uk

‘Quadriplegic’ conman Alan Knight jailed for four and a half years – BBC News

Posted November 7th, 2014 in disabled persons, forgery, news, sentencing, theft by tracey

‘A fraudster who allegedly pretended to be a quadriplegic and in a coma for two years to evade justice has been jailed for four and a half years.’

Full story

BBC News, 7th November 2014

Source: www.bbc.co.uk

Control and restraint techniques used on people being removed from UK are lawful, says Court of Appeal – UK Human Rights Blog

Posted November 7th, 2014 in aircraft, human rights, immigration, news, restraint by tracey

‘R (on the application of FI) v Secretary of State for the Home Department [2014] EWCA Civ 1272. The Court of Appeal has held that the physical restraint of persons being removed from the UK by aircraft is subject to a sufficient framework of safeguards to fulfil the state’s obligations under Articles 2 and 3 of the European Convention on Human Rights. Further, the decision of the Home Secretary not to publish aspects of the applicable policy on the use of such control and restraint is lawful.’

Full story

UK Human Rights Blog, 7th November 2014

Source: http://ukhumanrightsblog.com/

Angela Patrick: Suing the state: judicial competence, restraint and redress in Belhadj – UK Constitutional Law Association

‘The coverage of last week’s Court of Appeal’s decision in Belhadj & Or. v Straw & Ors [2014] EWCA Civ 1394 has thus far generated more political heat than legal light. When a claim involves the suit of named officials and former Ministers for their alleged role in the rendition of a major political figure in the new Libya and his family to face torture under the Gaddafi regime, this is perhaps understandable. In a week where the Government – in the context of this claim – has conceded that it must disclose certain of its policies on surveillance and legal professional privilege, it is unsurprising that the press has had little time to digest the detail of this judgment.’

Full story

UK Constitutional Law Association, 7th November 2014

Source: http://ukconstitutionallaw.org/blog/

A return of sanity: Allocation and reasonable preference – NearlyLegal

Posted November 7th, 2014 in appeals, housing, judicial review, local government, news, statutory duty by tracey

‘Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438. Eligibility for allocation list, reasonable preference and homelessness. After a run of Court of Appeal housing decisions that might be mildly described as disappointing, it is good to see one that is definitely right, albeit apparently reluctantly given.’

Full story

NearlyLegal, 6th November 2014

Source: www.nearlylegal.co.uk/blog/

Recent Statutory Instruments – legislation.gov.uk

Posted November 7th, 2014 in legislation by tracey

The Education (Inspectors of Education and Training in Wales) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 7) Order 2014

The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2014

The Audiovisual Media Services Regulations 2014

The General Betting, Pool Betting and Remote Gaming Duties (Returns, Payments, Information and Records) Regulations 2014

The Immigration Act 2014 (Transitional and Saving Provisions) Order 2014

Source: www.legislation.gov.uk

Max Clifford loses appeal to cut assaults sentence – BBC News

Posted November 7th, 2014 in appeals, news, sentencing, sexual offences by tracey

‘Former celebrity publicist Max Clifford has had an appeal against his eight-year sentence for sex offences rejected by the Court of Appeal.’

Full story

BBC News, 7th November 2014

Source: www.bbc.co.uk

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council – WLR Daily

Posted November 7th, 2014 in agreements, judicial review, law reports, roads by tracey

Regina (Redrow Homes Ltd) v Knowsley Metropolitan Borough Council: [2014] EWCA Civ 1433; [2014] WLR (D) 465

‘A highway authority could lawfully enter into an agreement with a developer or other party under section 38 of the Highways Act 1980 for that other party to pay a sum for the expenses of highways maintenance after the date on which the highway became maintainable at public expense.’

WLR Daily, 31st October 2014

Source: www.iclr.co.uk

Wickland (Holdings) Ltd v Telchadder – WLR Daily

Posted November 7th, 2014 in agreements, law reports, nuisance, repossession by tracey

Wickland (Holdings) Ltd v Telchadder; [2014] UKSC 57; [2014] WLR (D) 469

‘Where the owners of a mobile home park had given an occupier written notice that they would seek a court order terminating his agreement to live at the park unless he stopped his anti-social behaviour, which under the Mobile Homes Act 1983 was required prior to any eviction, they could not rely on that same notice when he next committed a further act of anti-social behaviour three years later.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

Regina (B and others) v Westminster Magistrates’ Court and others – WLR Daily

Posted November 7th, 2014 in closed material, disclosure, evidence, extradition, law reports, magistrates by tracey

Regina (B and others) v Westminster Magistrates’ Court and others: [2014] UKSC 59; [2014] WLR (D) 470

‘A judge hearing extradition proceedings in the magistrates’ court had no power under the Extradition Act 2003 to hear evidence in a closed court and to make an order prohibiting the disclosure to the government of the requesting state of evidence adduced by individuals whose extradition was being sought. Extradition proceedings were not in a special category which would justify a departure from the principle of open justice.’

WLR Daily, 5th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 7th, 2014 in law reports by tracey

Supreme Court

AIB Group (UK) Plc v Mark Redler & Co Solicitors [2014] UKSC 58 (05 November 2014)

Telchadder v Wickland Holdings Ltd [2014] UKSC 57 (05 November 2014)

VB & Ors v Westminster Magistrates [2014] UKSC 59 (05 November 2014)

Court of Appeal (Civil Division)

Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 (06 November 2014)

L (Costs of Children Proceedings) [2014] EWCA Civ 1437 (05 November 2014)

Interflora Inc & Anor v Marks and Spencer Plc [2014] EWCA Civ 1403 (05 November 2014)

High Court (Administrative Court)

Grabowski v Regional Court In Wloclawek, Poland [2014] EWHC 3602 (Admin) (06 November 2014)

Khan, R (On the Application Of) v London Borough Of Sutton [2014] EWHC 3663 (Admin) (06 November 2014)

Mellat v HM Treasury [2014] EWHC 3631 (Admin) (05 November 2014)

Mosekari v The London Borough of Lewisham [2014] EWHC 3617 (Admin) (05 November 2014)

Cushnie, R (On the Application Of) v Secretary of State for Health [2014] EWHC 3626 (Admin) (05 November 2014)

High Court (Chancery Division)

Avonwick Holdings Ltd v Webinvest Ltd & Anor [2014] EWHC 3661 (Ch) (06 November 2014)

Wright v Waters & Anor [2014] EWHC 3614 (Ch) (06 November 2014)

Knighthead Master Fund Lp & Ors v The Bank of New York Mellon & Anor [2014] EWHC 3662 (Ch) (06 November 2014)

High Court (Commercial Court)

Teekay Tankers Ltd v STX Offshore & Shipping Co [2014] EWHC 3612 (Comm) (06 November 2014)

Lakatamia Shipping Co Ltd & Ors v Nobu Su & Ors [2014] EWHC 3611 (Comm) (05 November 2014)

Ipartner Pte Shipping Ltd & Ors v Panacore Resources Dmcc & Ors [2014] EWHC 3608 (Comm) (05 November 2014)

The Connaught Income Fund, Series 1 v (Capita Financial Managers Ltd & Anor [2014] EWHC 3619 (Comm) (05 November 2014)

Source: www.bailii.org

Compensation Fund could pay the price after High Court buy-to-let ruling – Legal Futures

‘The Solicitors Compensation Fund could be hit by a new wave of property claims after a High Court ruling on two test cases relating to a buy-to-let scheme.’

Full story

Legal Futures, 7th November 2014

Source: www.legalfutures.co.uk

Speech by The Hon. Mr Justice Green: Advocacy in Peril? – Judiciary of England and Wales

‘Key note address “Advocacy in Peril?” for the International Advocacy Teaching Conference, Nottingham Trent University on 28 June 2014 by The Honourable Mr Justice Green, Chairman, Advocacy Training Council.’

Full speech

Judiciary of England and Wales, 5th November 2014

Source: www.judiciary.gov.uk

Home Secretary’s oral statement on child abuse inquiry – Home Office

‘With permission, Mr Speaker, I would like to make a statement on the independent panel inquiry into child abuse, which has been established to consider whether institutions in England and Wales have taken seriously their duty of care to protect children from sexual abuse.’

Full statement

Home Office, 3rd November 2014

Source: www.gov.uk/home-office

Consultation on out of court disposals – Attorney General’s Office

Posted November 7th, 2014 in cautions, consultations, drug offences, penalties, police by tracey

‘The response to the joint government and police consultation on Out of Court Disposals (OOCD) sets out plans for a streamlined and more effective system.’

Full text

Attorney General’s Office, 3rd November 2014

Source: www.gov.uk/ago

Ann Maguire murder: Judge defends naming Will Cornick – BBC News

Posted November 7th, 2014 in anonymity, murder, news, public interest, reporting restrictions, young offenders by tracey

‘The judge who sentenced the teenage killer of teacher Ann Maguire has defended his decision to identify him.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

Sophie Jones methadone death: Father found guilty – BBC News

Posted November 7th, 2014 in child cruelty, drug abuse, homicide, news by tracey

‘The father of a two-year-old girl who died after drinking a heroin substitute has been found guilty of manslaughter.’

Full story

BBC News, 6th November 2014

Source: www.bbc.co.uk

Jimmy Savile NHS investigations widened to include 41 hospitals – The Independent

Posted November 7th, 2014 in child abuse, hospitals, inquiries, news, sexual offences by tracey

‘A total of 12 NHS Trusts have become embroiled in fresh abuse allegations against late BBC presenter Jimmy Savile, raising the number of NHS organisations undertaking investigations to 41.’

Full story

The Independent, 6th November 2014

Source: www.independent.co.uk

MI5, MI6 and GCHQ ‘spied on lawyers’ – BBC News

Posted November 7th, 2014 in disclosure, intelligence services, legal profession, news, privilege, spying by tracey

‘British intelligence agencies have policies allowing staff to access confidential communications between lawyers and their clients, official documents have revealed.’

Full story

BBC news, 6th November 2014

Source: www.bbc.co.uk