Current Awareness » judgments http://www.innertemplelibrary.com from the Inner Temple Library Fri, 24 May 2013 13:08:02 +0000 en-US hourly 1 When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children) – Family Law Week http://www.innertemplelibrary.com/2013/02/when-can-judges-change-their-minds-the-supreme-courts-judgment-in-l-and-b-children-family-law-week/ http://www.innertemplelibrary.com/2013/02/when-can-judges-change-their-minds-the-supreme-courts-judgment-in-l-and-b-children-family-law-week/#comments Fri, 22 Feb 2013 12:40:48 +0000 sally http://www.innertemplelibrary.com/?p=82054 “Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.”

Full story

Family Law Week, 22nd February 2013

Source: www.familylawweek.co.uk

]]> http://www.innertemplelibrary.com/2013/02/when-can-judges-change-their-minds-the-supreme-courts-judgment-in-l-and-b-children-family-law-week/feed/ 0 In re L and another (Children) (Preliminary Finding: Power to Reverse) – WLR Daily http://www.innertemplelibrary.com/2013/02/in-re-l-and-another-children-preliminary-finding-power-to-reverse-wlr-daily/ http://www.innertemplelibrary.com/2013/02/in-re-l-and-another-children-preliminary-finding-power-to-reverse-wlr-daily/#comments Thu, 21 Feb 2013 12:04:33 +0000 sally http://www.innertemplelibrary.com/?p=82028 In re L and another (Children) (Preliminary Finding: Power to Reverse) [2013] UKSC 8; [2013] WLR (D) 69

“Contrary to the practice previously adopted, a judge’s power to reverse his or her decision at any time before the court order had been sealed was not reserved for exceptional circumstances. A carefully considered change of mind by the judge was permisssible in the interests of the overriding objective of dealing with a case justly.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2013/02/in-re-l-and-another-children-preliminary-finding-power-to-reverse-wlr-daily/feed/ 0 In the matter of L and B (Children) – Supreme Court http://www.innertemplelibrary.com/2013/02/in-the-matter-of-l-and-b-children/ http://www.innertemplelibrary.com/2013/02/in-the-matter-of-l-and-b-children/#comments Thu, 21 Feb 2013 10:50:06 +0000 sally http://www.innertemplelibrary.com/?p=82009 In the matter of L and B (Children) [2013] UKSC 8 | UKSC 2012/0263 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

]]> http://www.innertemplelibrary.com/2013/02/in-the-matter-of-l-and-b-children/feed/ 0 Enforcement of foreign insolvency judgments in England and Wales ~ Rubin, New Cap and beyond – 11 Stone Buildings http://www.innertemplelibrary.com/2013/02/enforcement-of-foreign-insolvency-judgments-in-england-and-wales-rubin-new-cap-and-beyond-11-stone-buildings/ http://www.innertemplelibrary.com/2013/02/enforcement-of-foreign-insolvency-judgments-in-england-and-wales-rubin-new-cap-and-beyond-11-stone-buildings/#comments Thu, 07 Feb 2013 11:52:54 +0000 sally http://www.innertemplelibrary.com/?p=81738 “After the euphoria engendered by the Court of Appeal judgments in Rubin v Eurofinance SA and New Cap Reinsurance v Grant, the longawaited judgment of the Supreme Court which was handed down on 23 October 2012, has left the insolvency profession scratching its collective head. Lexa Hilliard QC takes a closer look at the judgment and explains why its reasoning is not entirely convincing.”

Full story (PDF)

11 Stone Buildings, January 2013

Source: www.11sb.com

]]> http://www.innertemplelibrary.com/2013/02/enforcement-of-foreign-insolvency-judgments-in-england-and-wales-rubin-new-cap-and-beyond-11-stone-buildings/feed/ 0 The supreme court’s YouTube channel is a welcome step for open justice – The Guardian http://www.innertemplelibrary.com/2013/01/the-supreme-courts-youtube-channel-is-a-welcome-step-for-open-justice-the-guardian/ http://www.innertemplelibrary.com/2013/01/the-supreme-courts-youtube-channel-is-a-welcome-step-for-open-justice-the-guardian/#comments Mon, 21 Jan 2013 16:05:43 +0000 sally http://www.innertemplelibrary.com/?p=81357 “Judgment summaries are a good start, but it would be useful to watch recordings of full hearings. Do you agree?”

Full story

The Guardian, 21st January 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/01/the-supreme-courts-youtube-channel-is-a-welcome-step-for-open-justice-the-guardian/feed/ 0 Christians and working on Sundays: what the tribunal really said – The Guardian http://www.innertemplelibrary.com/2013/01/christians-and-working-on-sundays-what-the-tribunal-really-said-the-guardian/ http://www.innertemplelibrary.com/2013/01/christians-and-working-on-sundays-what-the-tribunal-really-said-the-guardian/#comments Fri, 11 Jan 2013 09:31:18 +0000 tracey http://www.innertemplelibrary.com/?p=81178 “Written rulings should be published when tribunals give judgments in order to properly inform public debate.”

Full story

The Guardian, 10th Janaury 2013

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2013/01/christians-and-working-on-sundays-what-the-tribunal-really-said-the-guardian/feed/ 0 Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily http://www.innertemplelibrary.com/2012/12/abbey-forwarding-ltd-in-liquidation-and-another-v-hone-and-others-wlr-daily/ http://www.innertemplelibrary.com/2012/12/abbey-forwarding-ltd-in-liquidation-and-another-v-hone-and-others-wlr-daily/#comments Fri, 14 Dec 2012 12:40:10 +0000 tracey http://www.innertemplelibrary.com/?p=80915 Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch);   [2012] WLR (D)  375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2012/12/abbey-forwarding-ltd-in-liquidation-and-another-v-hone-and-others-wlr-daily/feed/ 0 Legal Academics: Forgotten Players or Interlopers? – The Hon. Mr Justice Beatson http://www.innertemplelibrary.com/2012/12/legal-academics-forgotten-players-or-interlopers-the-hon-mr-justice-beatson/ http://www.innertemplelibrary.com/2012/12/legal-academics-forgotten-players-or-interlopers-the-hon-mr-justice-beatson/#comments Fri, 07 Dec 2012 11:34:13 +0000 sally http://www.innertemplelibrary.com/?p=80777 Legal Academics: Forgotten Players or Interlopers? (PDF)

The Hon. Mr Justice Beatson

Inner Temple Reader’s Lecture Series, November 2012

Source: www.innertemple.org.uk

]]> http://www.innertemplelibrary.com/2012/12/legal-academics-forgotten-players-or-interlopers-the-hon-mr-justice-beatson/feed/ 0 Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange http://www.innertemplelibrary.com/2012/11/admission-of-hearsay-evidence-the-six-principle-questions-halsburys-law-exchange/ http://www.innertemplelibrary.com/2012/11/admission-of-hearsay-evidence-the-six-principle-questions-halsburys-law-exchange/#comments Tue, 27 Nov 2012 09:47:08 +0000 sally http://www.innertemplelibrary.com/?p=80533 “In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”

Full story

Halsbury’s Law Exchange, 26th November 2012

Source: www.halsburyslawexchange.co.uk

]]> http://www.innertemplelibrary.com/2012/11/admission-of-hearsay-evidence-the-six-principle-questions-halsburys-law-exchange/feed/ 0 No Judgment – No Justice – Lord Neuberger http://www.innertemplelibrary.com/2012/11/no-judgment-no-justice-lord-neuberger/ http://www.innertemplelibrary.com/2012/11/no-judgment-no-justice-lord-neuberger/#comments Wed, 21 Nov 2012 10:53:53 +0000 sally http://www.innertemplelibrary.com/?p=80397 No Judgment – No Justice (PDF)

Lord Neuberger

The First Annual BAILII Lecture, 20th November 2012

Source: www.supremecourt.gov.uk

]]> http://www.innertemplelibrary.com/2012/11/no-judgment-no-justice-lord-neuberger/feed/ 0 The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog http://www.innertemplelibrary.com/2012/11/the-dissenting-voices-in-rahmatullah-no-time-for-political-sensitivities-uk-human-rights-blog/ http://www.innertemplelibrary.com/2012/11/the-dissenting-voices-in-rahmatullah-no-time-for-political-sensitivities-uk-human-rights-blog/#comments Mon, 05 Nov 2012 10:30:00 +0000 sally http://www.innertemplelibrary.com/?p=80028 “Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”

Full story

UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2012/11/the-dissenting-voices-in-rahmatullah-no-time-for-political-sensitivities-uk-human-rights-blog/feed/ 0 Blow to Sarah’s Law as judges rule paedophiles’ human rights should be considered – Daily Telegraph http://www.innertemplelibrary.com/2012/10/blow-to-sarahs-law-as-judges-rule-paedophiles-human-rights-should-be-considered-daily-telegraph/ http://www.innertemplelibrary.com/2012/10/blow-to-sarahs-law-as-judges-rule-paedophiles-human-rights-should-be-considered-daily-telegraph/#comments Thu, 25 Oct 2012 08:38:41 +0000 sally http://www.innertemplelibrary.com/?p=79830 “A High Court ruling said paedophiles should be allowed to make representations before their details are revealed to members of the public.”

Full story

Daily Telegraph, 24th October 2012

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2012/10/blow-to-sarahs-law-as-judges-rule-paedophiles-human-rights-should-be-considered-daily-telegraph/feed/ 0 Disclosure of sex offender information – new high court judgment – Panopticon http://www.innertemplelibrary.com/2012/10/disclosure-of-sex-offender-information-new-high-court-judgment-panopticon/ http://www.innertemplelibrary.com/2012/10/disclosure-of-sex-offender-information-new-high-court-judgment-panopticon/#comments Thu, 25 Oct 2012 08:34:37 +0000 sally http://www.innertemplelibrary.com/?p=79829 “The High Court has today handed down an important judgment on the legality of the Government’s Child Sex Offender Disclosure Scheme (CSOD): X(South Yorkshire) v Secretary of State for the Home Department [2012] EWHC 2954 (Admin). CSOD is a non statutory scheme which police forces nationally have been free to adopt since 2010. It enables members of the public to ask the police to provide details of a person who has some form of contact with children with a view to ascertaining whether that person had convictions for sexual offences against children or whether there is other relevant information about him or her which ought to be made available.”

Full story

Panopticon, 24th October 2012

Source: www.panopticonblog.com

]]> http://www.innertemplelibrary.com/2012/10/disclosure-of-sex-offender-information-new-high-court-judgment-panopticon/feed/ 0 Why we allow dissent – by our judges – UK Human Rights Blog http://www.innertemplelibrary.com/2012/10/why-we-allow-dissent-by-our-judges-uk-human-rights-blog/ http://www.innertemplelibrary.com/2012/10/why-we-allow-dissent-by-our-judges-uk-human-rights-blog/#comments Mon, 15 Oct 2012 10:19:19 +0000 tracey http://www.innertemplelibrary.com/?p=79590 “Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE-100 companies do not generally do so, when their executives propose a merger or launch a new product. Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.”

Full story

UK Human Rights Blog, 14th October 2012

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2012/10/why-we-allow-dissent-by-our-judges-uk-human-rights-blog/feed/ 0 Is the UK listening to the European Court of Human Rights? – UK Human Rights Blog http://www.innertemplelibrary.com/2012/09/is-the-uk-listening-to-the-european-court-of-human-rights-uk-human-rights-blog/ http://www.innertemplelibrary.com/2012/09/is-the-uk-listening-to-the-european-court-of-human-rights-uk-human-rights-blog/#comments Thu, 13 Sep 2012 09:14:12 +0000 tracey http://www.innertemplelibrary.com/?p=78691 “The Ministry of Justice has published its annual report to the Joint Committee on Human Rights on the Government response to human rights judgments 2011–12. By signing up to the European Convention on Human Rights, the UK has committed to ‘abide by’ judgments of the court. This commitment is monitored by the Council of Europe’s Committee of Ministers. The report presents a snapshot of the current state of play in relation to the European Court of Human Rights, makes for very interesting reading (trust me!). Here are some tidbits.”

Full story

UK Human Rights Blog, 12th September 2012

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2012/09/is-the-uk-listening-to-the-european-court-of-human-rights-uk-human-rights-blog/feed/ 0 Alvi judgement – how to handle cases – UK Border Agency http://www.innertemplelibrary.com/2012/09/alvi-judgement-how-to-handle-cases-uk-border-agency/ http://www.innertemplelibrary.com/2012/09/alvi-judgement-how-to-handle-cases-uk-border-agency/#comments Mon, 10 Sep 2012 09:52:17 +0000 tracey http://www.innertemplelibrary.com/?p=78544 “Guidance for caseworkers on deciding applications, responding to legal challenges and reconsideration requests.”

Full guidance

UK Border Agency, 7th September 2012

Source: www.ukba.homeoffice.gov.uk

]]> http://www.innertemplelibrary.com/2012/09/alvi-judgement-how-to-handle-cases-uk-border-agency/feed/ 0 In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily http://www.innertemplelibrary.com/2012/08/in-rel-and-another-children-preliminary-fact-finding-hearing-judges-power-to-reverse-conclusions-on-findings-of-fact-wlr-daily/ http://www.innertemplelibrary.com/2012/08/in-rel-and-another-children-preliminary-fact-finding-hearing-judges-power-to-reverse-conclusions-on-findings-of-fact-wlr-daily/#comments Wed, 01 Aug 2012 10:55:35 +0000 sally http://www.innertemplelibrary.com/?p=76855 In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) [2012] EWCA Civ 984; [2012] WLR (D) 240

“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2012/08/in-rel-and-another-children-preliminary-fact-finding-hearing-judges-power-to-reverse-conclusions-on-findings-of-fact-wlr-daily/feed/ 0 The air that we breathe: NGO’s appeal dismissed – UK Human Rights Blog http://www.innertemplelibrary.com/2012/06/the-air-that-we-breathe-ngos-appeal-dismissed-uk-human-rights-blog/ http://www.innertemplelibrary.com/2012/06/the-air-that-we-breathe-ngos-appeal-dismissed-uk-human-rights-blog/#comments Wed, 06 Jun 2012 09:01:12 +0000 sally http://www.innertemplelibrary.com/?p=73519 “A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”

Full story

UK Human Rights Blog, 5th June 2012

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2012/06/the-air-that-we-breathe-ngos-appeal-dismissed-uk-human-rights-blog/feed/ 0 Julian Assange’s extradition stayed thanks to quick legal footwork – The Guardian http://www.innertemplelibrary.com/2012/05/julian-assanges-extradition-stayed-thanks-to-quick-legal-footwork-the-guardian/ http://www.innertemplelibrary.com/2012/05/julian-assanges-extradition-stayed-thanks-to-quick-legal-footwork-the-guardian/#comments Wed, 30 May 2012 14:16:39 +0000 tracey http://www.innertemplelibrary.com/?p=73391 “Dinah Rose QC buys her client another two weeks – much to the supreme court’s embarrassment.”

Full story

The Guardian, 30th May 2012

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2012/05/julian-assanges-extradition-stayed-thanks-to-quick-legal-footwork-the-guardian/feed/ 1 Courtroom cameras ‘risk turning trials into a circus’ – The Independent http://www.innertemplelibrary.com/2012/03/courtroom-cameras-risk-turning-trials-into-a-circus-the-independent/ http://www.innertemplelibrary.com/2012/03/courtroom-cameras-risk-turning-trials-into-a-circus-the-independent/#comments Thu, 29 Mar 2012 08:45:02 +0000 sally http://www.innertemplelibrary.com/?p=69886 “Plans to allow cameras into courtrooms would risk turning trials into media circuses and could jeopardise defendants’ safety, ministers were warned last night by a leading solicitor.”

Full story

The Independent, 29th March 2012

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2012/03/courtroom-cameras-risk-turning-trials-into-a-circus-the-independent/feed/ 0 Lord Neuberger’s seven principles empower judges to speak – The Guardian http://www.innertemplelibrary.com/2012/03/lord-neubergers-seven-principles-empower-judges-to-speak-the-guardian/ http://www.innertemplelibrary.com/2012/03/lord-neubergers-seven-principles-empower-judges-to-speak-the-guardian/#comments Mon, 19 Mar 2012 09:24:32 +0000 sally http://www.innertemplelibrary.com/?p=69091 “What should judges be able say outside the courts? One of the most senior judges, Lord Neuberger, has proposed some principles for ‘extra-judicial’ statements. These are likely to shape judicial contributions to public debate for some time to come, but do they go far enough?”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2012/03/lord-neubergers-seven-principles-empower-judges-to-speak-the-guardian/feed/ 0 Judges issue guidelines for consideration of human trafficking – The Independent http://www.innertemplelibrary.com/2012/02/judges-issue-guidelines-for-consideration-of-human-trafficking-the-independent/ http://www.innertemplelibrary.com/2012/02/judges-issue-guidelines-for-consideration-of-human-trafficking-the-independent/#comments Mon, 20 Feb 2012 15:00:40 +0000 sally http://www.innertemplelibrary.com/?p=67360 “The ‘evil’ crime of trafficking in human beings was highlighted by leading judges today.”

Full story

The Independent, 20th February 2012

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2012/02/judges-issue-guidelines-for-consideration-of-human-trafficking-the-independent/feed/ 0 Judgment reserved in Twitter airport threat appeal – The Guardian http://www.innertemplelibrary.com/2012/02/judgment-reserved-in-twitter-airport-threat-appeal-the-guardian/ http://www.innertemplelibrary.com/2012/02/judgment-reserved-in-twitter-airport-threat-appeal-the-guardian/#comments Thu, 09 Feb 2012 09:53:20 +0000 sally http://www.innertemplelibrary.com/?p=66711 “Two senior judges have retired to consider whether a Twitter message threatening to blow up a snowbound Doncaster airport was a joke or a menace to society.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2012/02/judgment-reserved-in-twitter-airport-threat-appeal-the-guardian/feed/ 0 Are some rights to private life just not cricket? – Legal Week http://www.innertemplelibrary.com/2012/01/are-some-rights-to-private-life-just-not-cricket-legal-week/ http://www.innertemplelibrary.com/2012/01/are-some-rights-to-private-life-just-not-cricket-legal-week/#comments Tue, 10 Jan 2012 10:19:49 +0000 sally http://www.innertemplelibrary.com/?p=63783 “Given previous poor reporting of human rights cases, alarm bells began to ring when the Sunday Telegraph recently reported student Abdullah Munawar’s appeal on human rights grounds against a refusal to grant him leave to stay in the UK, citing his playing cricket as a reason he had a private life under Article 8 of the European Convention on Human Rights.”

Full story

Legal Week, 10th January 2012

Source: www.legalweek.com

]]> http://www.innertemplelibrary.com/2012/01/are-some-rights-to-private-life-just-not-cricket-legal-week/feed/ 0 Cases in point – The Lawyer http://www.innertemplelibrary.com/2012/01/cases-in-point-the-lawyer/ http://www.innertemplelibrary.com/2012/01/cases-in-point-the-lawyer/#comments Tue, 10 Jan 2012 09:22:58 +0000 sally http://www.innertemplelibrary.com/?p=63777 “The top cases of 2011 show why London is still the centre of the litigation world – and why it is likely to stay that way.”

Full story

The Lawyer, 9th January 2012

Source: www.thelawyer.com

]]> http://www.innertemplelibrary.com/2012/01/cases-in-point-the-lawyer/feed/ 0 Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily http://www.innertemplelibrary.com/2011/12/designated-officer-for-sunderland-magistrates-court-v-krager-and-another-wlr-daily/ http://www.innertemplelibrary.com/2011/12/designated-officer-for-sunderland-magistrates-court-v-krager-and-another-wlr-daily/#comments Fri, 16 Dec 2011 12:22:42 +0000 tracey http://www.innertemplelibrary.com/?p=63077 Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch);  [2011] WLR (D)  367

“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2011/12/designated-officer-for-sunderland-magistrates-court-v-krager-and-another-wlr-daily/feed/ 0 In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) – WLR Daily http://www.innertemplelibrary.com/2011/12/in-re-a-children-judgment-adequacy-of-trial-judge%e2%80%99s-reasoning-wlr-daily/ http://www.innertemplelibrary.com/2011/12/in-re-a-children-judgment-adequacy-of-trial-judge%e2%80%99s-reasoning-wlr-daily/#comments Mon, 05 Dec 2011 10:00:24 +0000 sally http://www.innertemplelibrary.com/?p=62323 In re A (Children) (Judgment: Adequacy of Trial Judge’s Reasoning) [2011] EWCA Civ 1205; [2011] WLR (D) 346

“The Court of Appeal gave guidance as to the practice to be adopted where there was concern about the adequacy of a trial judge’s reasoning, when adjourning, part heard, an appeal by the mother of two children, A and L, against the decision of Judge Compston, sitting as a judge of the Family Division on 27 May 2011, as to the adequacy of his judgment on a fact finding hearing in ongoing care proceedings relating to the children, and inviting the judge to provide such further reasons on particular matters as he might think appropriate by way of elucidation, clarification, elaboration or otherwise of his judgment.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

]]> http://www.innertemplelibrary.com/2011/12/in-re-a-children-judgment-adequacy-of-trial-judge%e2%80%99s-reasoning-wlr-daily/feed/ 0 UK supreme court judges air concerns over having to follow Europe’s lead – The Guardian http://www.innertemplelibrary.com/2011/10/uk-supreme-court-judges-air-concerns-over-having-to-follow-europes-lead-the-guardian/ http://www.innertemplelibrary.com/2011/10/uk-supreme-court-judges-air-concerns-over-having-to-follow-europes-lead-the-guardian/#comments Thu, 27 Oct 2011 08:20:59 +0000 sally http://www.innertemplelibrary.com/?p=60192 “The UK’s supreme court is not always ‘supreme’ because it has to follow the lead of the European court of human rights in Strasbourg, whose rulings are sometimes too narrow in scope, according to the country’s most senior judge, Lord Phillips.”

Full story

The Guardian, 26th October 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/10/uk-supreme-court-judges-air-concerns-over-having-to-follow-europes-lead-the-guardian/feed/ 0 Transcripts Guide – revised edition http://www.innertemplelibrary.com/2011/10/transcripts-guide-revised-edition-2/ http://www.innertemplelibrary.com/2011/10/transcripts-guide-revised-edition-2/#comments Tue, 25 Oct 2011 09:24:03 +0000 sally http://www.innertemplelibrary.com/?p=60072 In February of this year the Inner Temple Library produced a revised edition of Transcripts of Judicial Proceedings in England and Wales: a guide to sources.

Since that edition was published a number of changes caused by the creation of Her Majesty’s Courts and Tribunals Service, and of the new government web portal, Justice, have affected the currency of some of the content. The information in the Guide has been updated, and is now, as far as possible, correct as at 1 July 2011.

More information can be found here.

]]> http://www.innertemplelibrary.com/2011/10/transcripts-guide-revised-edition-2/feed/ 0 Courts need not be bound by Europe, says top judge – Daily Telegraph http://www.innertemplelibrary.com/2011/10/courts-need-not-be-bound-by-europe-says-top-judge-daily-telegraph/ http://www.innertemplelibrary.com/2011/10/courts-need-not-be-bound-by-europe-says-top-judge-daily-telegraph/#comments Thu, 20 Oct 2011 08:33:08 +0000 tracey http://www.innertemplelibrary.com/?p=59808 “Lord Judge, the Lord Chief Justice, said the UK need only ‘take account’ of the decisions of the European Court of Human Rights but not necessarily follow it.”

Full story

Daily Telegraph, 20th october 2011

Source: www.teelgraph.co.uk

]]> http://www.innertemplelibrary.com/2011/10/courts-need-not-be-bound-by-europe-says-top-judge-daily-telegraph/feed/ 0 Independent schools can decide charitable status, says Tribunal – UK Human Rights Blog http://www.innertemplelibrary.com/2011/10/independent-schools-can-decide-charitable-status-says-tribunal-uk-human-rights-blog/ http://www.innertemplelibrary.com/2011/10/independent-schools-can-decide-charitable-status-says-tribunal-uk-human-rights-blog/#comments Tue, 18 Oct 2011 10:00:44 +0000 sally http://www.innertemplelibrary.com/?p=59680 ” It is not for the Charity Commission or the courts to impose on trustees of a school their own idea of what is for the ‘public benefit’ so as to qualify for charitable status, the Upper Tribunal has ruled. In a detailed assessment of the law on charitable status both before and after the Charities Act, the Tribunal has indicated that the Act has not introduced any legal requirement to act in a way prescribed by the Charity Commission or anyone else. Provided they run their charity to ensure that the poor are able to benefit in a way that is more than minimal or tokenistic, they should be free to make their own considered assessment of what is for the ‘public benefit’ in the circumstances pertaining to their own institution.”

Full story

UK Human Rights Blog, 18th October 2011

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2011/10/independent-schools-can-decide-charitable-status-says-tribunal-uk-human-rights-blog/feed/ 1 Lady Hale leads panel making feminist readings of court judgments – The Lawyer http://www.innertemplelibrary.com/2011/10/lady-hale-leads-panel-making-feminist-readings-of-court-judgments-the-lawyer/ http://www.innertemplelibrary.com/2011/10/lady-hale-leads-panel-making-feminist-readings-of-court-judgments-the-lawyer/#comments Tue, 18 Oct 2011 09:13:14 +0000 sally http://www.innertemplelibrary.com/?p=59661 “A panel of distinguished female lawyers and legal scholars gathered at Norton Rose’s InterLaw Diversity Forum event on Thursday 13 October to discuss judgments from a feminist lawyer’s point of view.”

Full story

The Lawyer, 17th October 2011

Source: www.thelawyer.com

]]> http://www.innertemplelibrary.com/2011/10/lady-hale-leads-panel-making-feminist-readings-of-court-judgments-the-lawyer/feed/ 0 The Carver merry-go-round and assorted other attractions – Zenith Chambers http://www.innertemplelibrary.com/2011/10/the-carver-merry-go-round-and-assorted-other-attractions-zenith-chambers/ http://www.innertemplelibrary.com/2011/10/the-carver-merry-go-round-and-assorted-other-attractions-zenith-chambers/#comments Tue, 11 Oct 2011 10:04:45 +0000 sally http://www.innertemplelibrary.com/?p=59316 “New rules and developments in Part 36.”

Full story (PDF)

Zenith Chambers, 10th October 2011

Source: www.zenithchambers.co.uk

]]> http://www.innertemplelibrary.com/2011/10/the-carver-merry-go-round-and-assorted-other-attractions-zenith-chambers/feed/ 0 High Court rules computer simulations can obtain patent protection – OUT-LAW.com http://www.innertemplelibrary.com/2011/10/high-court-rules-computer-simulations-can-obtain-patent-protection-out-law-com/ http://www.innertemplelibrary.com/2011/10/high-court-rules-computer-simulations-can-obtain-patent-protection-out-law-com/#comments Tue, 11 Oct 2011 09:45:54 +0000 sally http://www.innertemplelibrary.com/?p=59314 “Computer simulations of designs are not ‘unpatentable’ mental acts, the High Court has ruled.”

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OUT-LAW.com, 11th October 2011

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2011/10/high-court-rules-computer-simulations-can-obtain-patent-protection-out-law-com/feed/ 0 Don’t throw the BAILII out with the bath water – UK Human Rights Blog http://www.innertemplelibrary.com/2011/09/dont-throw-the-bailii-out-with-the-bath-water-uk-human-rights-blog/ http://www.innertemplelibrary.com/2011/09/dont-throw-the-bailii-out-with-the-bath-water-uk-human-rights-blog/#comments Tue, 27 Sep 2011 09:23:40 +0000 sally http://www.innertemplelibrary.com/?p=58616 “The Guardian published an editorial today (26 September) arguing that court judgments should be opened up to the public. The editorial challenges the fact that BAILII, the charity which currently publishes most judgments online, is not searchable on Google.”

Full story

UK Human Rights Blog, 26th September 2011

Source: www.ukhumanrightsblog.com

]]> http://www.innertemplelibrary.com/2011/09/dont-throw-the-bailii-out-with-the-bath-water-uk-human-rights-blog/feed/ 0 Televised sentencing: a screen test for open justice – The Guardian http://www.innertemplelibrary.com/2011/09/televised-sentencing-a-screen-test-for-open-justice-the-guardian/ http://www.innertemplelibrary.com/2011/09/televised-sentencing-a-screen-test-for-open-justice-the-guardian/#comments Tue, 06 Sep 2011 14:17:27 +0000 sally http://www.innertemplelibrary.com/?p=57642 “David Cameron’s plan to allow TV cameras into court will shed light on the judicial process but, crucially, leave parts in the dark.”

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The Guardian, 6th September 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/09/televised-sentencing-a-screen-test-for-open-justice-the-guardian/feed/ 0 David Cameron to announce court verdicts will be televised – The Guardian http://www.innertemplelibrary.com/2011/09/david-cameron-to-announce-court-verdicts-will-be-televised-the-guardian/ http://www.innertemplelibrary.com/2011/09/david-cameron-to-announce-court-verdicts-will-be-televised-the-guardian/#comments Tue, 06 Sep 2011 08:45:40 +0000 sally http://www.innertemplelibrary.com/?p=57609 “Judges’ sentencing of offenders is to be televised under plans to be unveiled by the prime minister shortly, the Guardian has learned.”

Full story

The Guardian, 5th September 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/09/david-cameron-to-announce-court-verdicts-will-be-televised-the-guardian/feed/ 0 Transcript: Judge criticises prosecutors over disclosure of evidence – The Guardian http://www.innertemplelibrary.com/2011/08/transcript-judge-criticises-prosecutors-over-disclosure-of-evidence-the-guardian/ http://www.innertemplelibrary.com/2011/08/transcript-judge-criticises-prosecutors-over-disclosure-of-evidence-the-guardian/#comments Thu, 18 Aug 2011 08:18:28 +0000 sally http://www.innertemplelibrary.com/?p=56916 “This is the transcript of the judge’s comments in one of the three cases in which the Crown Prosecution Service has been accused of withholding evidence.”

Full story

The Guardian, 17th August 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/08/transcript-judge-criticises-prosecutors-over-disclosure-of-evidence-the-guardian/feed/ 0 Arbitration ruling shields London status – The Lawyer http://www.innertemplelibrary.com/2011/08/arbitration-ruling-shields-london-status-the-lawyer/ http://www.innertemplelibrary.com/2011/08/arbitration-ruling-shields-london-status-the-lawyer/#comments Tue, 02 Aug 2011 09:18:29 +0000 sally http://www.innertemplelibrary.com/?p=56258 “There was a collective sigh of relief last week as the Supreme Court overturned an appellate court ruling to find that arbitrators cannot be classed as employees and therefore are not subject to UK equality rules.”

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The Lawyer, 1st August 2011

Source: www.thelawyer.com

]]> http://www.innertemplelibrary.com/2011/08/arbitration-ruling-shields-london-status-the-lawyer/feed/ 0 Wilberforce silk fails to win over Supreme Court in pensions case – The Lawyer http://www.innertemplelibrary.com/2011/07/wilberforce-silk-fails-to-win-over-supreme-court-in-pensions-case-the-lawyer/ http://www.innertemplelibrary.com/2011/07/wilberforce-silk-fails-to-win-over-supreme-court-in-pensions-case-the-lawyer/#comments Thu, 28 Jul 2011 10:03:05 +0000 tracey http://www.innertemplelibrary.com/?p=56003 “The Department of Work and Pensions (DWP) is set to redraft pensions legislation after defeat in a key pensions case in the Supreme Court this morning.”

Full story

The Lawyer, 27th July 2011

Source: www.thelawyer.com

]]> http://www.innertemplelibrary.com/2011/07/wilberforce-silk-fails-to-win-over-supreme-court-in-pensions-case-the-lawyer/feed/ 0 Online marketplaces liable for sellers’ infringement in ‘promoted’ sales, says ECJ – OUT-LAW.com http://www.innertemplelibrary.com/2011/07/online-marketplaces-liable-for-sellers-infringement-in-promoted-sales-says-ecj-out-law-com/ http://www.innertemplelibrary.com/2011/07/online-marketplaces-liable-for-sellers-infringement-in-promoted-sales-says-ecj-out-law-com/#comments Tue, 12 Jul 2011 09:54:40 +0000 tracey http://www.innertemplelibrary.com/?p=54958 “EBay and other online marketplaces will be liable for sellers’ trade mark infringements if they promote infringing sales or help sellers to ‘optimise’ their pages, the European Court of Justice (ECJ) has ruled.”

Full story

OUT-LAW.com, 12th July 2011

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2011/07/online-marketplaces-liable-for-sellers-infringement-in-promoted-sales-says-ecj-out-law-com/feed/ 0 Fred Goodwin told by judge details of his affair were in the public interest – The Guardian http://www.innertemplelibrary.com/2011/06/fred-goodwin-told-by-judge-details-of-his-affair-were-in-the-public-interest-the-guardian/ http://www.innertemplelibrary.com/2011/06/fred-goodwin-told-by-judge-details-of-his-affair-were-in-the-public-interest-the-guardian/#comments Fri, 10 Jun 2011 10:45:20 +0000 michael http://www.innertemplelibrary.com/?p=53257 “The former chief executive of the Royal Bank of Scotland could not have expected to keep an alleged affair with a colleague concealed by the use of privacy injunctions because the nature of his job meant there was a public interest in his relationships, a judge has said.”

Full story

The Guardian, 9th June 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/06/fred-goodwin-told-by-judge-details-of-his-affair-were-in-the-public-interest-the-guardian/feed/ 0 Anatomy of an injunction: OPQ v two anonymous others – The Guardian http://www.innertemplelibrary.com/2011/05/anatomy-of-an-injunction-opq-v-two-anonymous-others-the-guardian/ http://www.innertemplelibrary.com/2011/05/anatomy-of-an-injunction-opq-v-two-anonymous-others-the-guardian/#comments Tue, 24 May 2011 15:34:37 +0000 sally http://www.innertemplelibrary.com/?p=52466 “We identify the key passages in the judgment handed down allowing an injunction for a man known only as OPQ.”

Full story

The Guardian, 24th May 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/05/anatomy-of-an-injunction-opq-v-two-anonymous-others-the-guardian/feed/ 0 Justice Secretary warning over ECHR judgments – The Independent http://www.innertemplelibrary.com/2011/04/justice-secretary-warning-over-echr-judgments-the-independent/ http://www.innertemplelibrary.com/2011/04/justice-secretary-warning-over-echr-judgments-the-independent/#comments Tue, 26 Apr 2011 14:01:02 +0000 sally http://innertemplelibrary.wordpress.com/?p=50938 “The European Court of Human Rights (ECHR) has been ‘rather too ready to substitute its own judgment for that of national courts’, the Justice Secretary said today.”

Full story

The Independent, 26th April 2011

Source: www.independent.co.uk

]]> http://www.innertemplelibrary.com/2011/04/justice-secretary-warning-over-echr-judgments-the-independent/feed/ 0 Court results put on Twitter by West Midlands Police – BBC News http://www.innertemplelibrary.com/2011/04/court-results-put-on-twitter-by-west-midlands-police-bbc-news/ http://www.innertemplelibrary.com/2011/04/court-results-put-on-twitter-by-west-midlands-police-bbc-news/#comments Tue, 19 Apr 2011 13:42:33 +0000 sally http://innertemplelibrary.wordpress.com/?p=50792 “Results from cases heard at Birmingham Magistrates’ Court are being put on Twitter by West Midlands Police.”

Full story

BBC News, 19th April 2011

Source: www.bbc.co.uk

]]> http://www.innertemplelibrary.com/2011/04/court-results-put-on-twitter-by-west-midlands-police-bbc-news/feed/ 0 Community trade mark court rulings should apply across the EU, ECJ rules – OUT-LAW.com http://www.innertemplelibrary.com/2011/04/community-trade-mark-court-rulings-should-apply-across-the-eu-ecj-rules-out-law-com/ http://www.innertemplelibrary.com/2011/04/community-trade-mark-court-rulings-should-apply-across-the-eu-ecj-rules-out-law-com/#comments Thu, 14 Apr 2011 08:20:54 +0000 sally http://innertemplelibrary.wordpress.com/?p=50568 “Rulings by Community trade mark courts should in most cases apply across the EU and not just in the country in which they were made, the European Court of Justice (ECJ) has said.”

Full story

OUT-LAW.com, 13th April 2011

Source: www.out-law.com

]]> http://www.innertemplelibrary.com/2011/04/community-trade-mark-court-rulings-should-apply-across-the-eu-ecj-rules-out-law-com/feed/ 0 Politicians to blame for human rights rulings, says judge – Daily Telegraph http://www.innertemplelibrary.com/2011/03/politicians-to-blame-for-human-rights-rulings-says-judge-daily-telegraph/ http://www.innertemplelibrary.com/2011/03/politicians-to-blame-for-human-rights-rulings-says-judge-daily-telegraph/#comments Wed, 30 Mar 2011 08:06:42 +0000 sally http://innertemplelibrary.wordpress.com/?p=49855 “Politicians should stop criticising human rights ruling as they are to blame for tying the hands of courts, the country’s most senior judge signalled yesterday.”

Full story

Daily Telegraph, 29th March 2011

Source: www.telegraph.co.uk

]]> http://www.innertemplelibrary.com/2011/03/politicians-to-blame-for-human-rights-rulings-says-judge-daily-telegraph/feed/ 0 Master of the rolls to judges: keep your judgments simple – The Guardian http://www.innertemplelibrary.com/2011/03/master-of-the-rolls-to-judges-keep-your-judgments-simple-the-guardian/ http://www.innertemplelibrary.com/2011/03/master-of-the-rolls-to-judges-keep-your-judgments-simple-the-guardian/#comments Thu, 24 Mar 2011 09:21:22 +0000 sally http://innertemplelibrary.wordpress.com/?p=49649 “Judges should avoid making judgments that are ‘readable by few, comprehendible by fewer still’, said Lord Neuberger in a speech on open justice last week. With a nod to Gilbert and Sullivan’s accessible opera he offered Lord Atkin’s decision in Donoghue v Stevenson as ‘a very model of a modern major judgment’. The case, decided by the House of Lords in 1932, features a decomposed snail in a bottle of ginger beer and is known to every lawyer in the land: it sets out, in clear terms, the scope of the law of negligence.”

Full story

The Guardian, 23rd March 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/03/master-of-the-rolls-to-judges-keep-your-judgments-simple-the-guardian/feed/ 0 Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury http://www.innertemplelibrary.com/2011/03/open-justice-unbound-speech-by-lord-neuberger-of-abbotsbury/ http://www.innertemplelibrary.com/2011/03/open-justice-unbound-speech-by-lord-neuberger-of-abbotsbury/#comments Thu, 17 Mar 2011 10:44:37 +0000 sally http://innertemplelibrary.wordpress.com/?p=49230 Open Justice Unbound? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judicial Studies Board Annual Lecture, 16th March 2011

Source: www.judiciary.gov.uk

]]> http://www.innertemplelibrary.com/2011/03/open-justice-unbound-speech-by-lord-neuberger-of-abbotsbury/feed/ 0 Full judgment: Attorney general v Associated Newspapers and News Group Newspapers – The Guardian http://www.innertemplelibrary.com/2011/03/full-judgment-attorney-general-v-associated-newspapers-and-news-group-newspapers-the-guardian/ http://www.innertemplelibrary.com/2011/03/full-judgment-attorney-general-v-associated-newspapers-and-news-group-newspapers-the-guardian/#comments Thu, 03 Mar 2011 13:09:25 +0000 sally http://innertemplelibrary.wordpress.com/?p=48572 “Read the judgment from the high court finding the Mail Online and Sun Online guilty of contempt after publishing online image of accused man with pistol during murder trial.”

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The Guardian, 3rd March 2011

Source: www.guardian.co.uk

]]> http://www.innertemplelibrary.com/2011/03/full-judgment-attorney-general-v-associated-newspapers-and-news-group-newspapers-the-guardian/feed/ 0