Current Awareness

‘I think I’ve killed Colin – he was getting on my nerves’: Gran who smothered terminally ill former partner escapes jail term – The Indpendent

sally — Fri, 17 May 2013 15:23:39 +0000

A grandmother has been given a suspended sentence for killing her terminally ill former partner.

The Independent, 17th May 2013

Litvinenko inquest close to collapse after coroner rules crucial evidence secret – The Guardian

sally — Fri, 17 May 2013 15:04:49 +0000

“The inquest into the death of Alexander Litvinenko is close to collapse after a coroner partially upheld an application by William Hague to keep crucial evidence secret.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

Solicitor General welcomes guidance on sentencing complex frauds – Attorney General’s Office

sally — Fri, 17 May 2013 09:55:39 +0000

“Court of Appeal issues a judgment on sentences for the most serious commercial frauds and increases the sentences of two men.”

Full story

Attorney General’s Office, 16th May 2013

Source: www.gov.uk/ago

Traffic courts in every area – Ministry of Justice

sally — Fri, 17 May 2013 09:41:05 +0000

“Local areas are being urged to work with the judiciary to set up the courts as part of proposals to reduce delays and focus more on serious and contested cases. This forms part of the Government’s vision for a more efficient and effective criminal justice system that meet the needs of victims, witnesses and communities.”

Full story

Ministry of Justice, 17th May 2013

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

Your views wanted for EU review on civil and family justice – Ministry of Justice

sally — Fri, 17 May 2013 09:33:58 +0000

“Lawyers, business groups and the public are all being asked to submit their views on the balance of competences between the UK and the European Union on civil judicial cooperation (including family matters).”

Full story

Ministry of Justice, 16th May 2013

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

Preston (formerly Moore) v President of the Methodist Conference – WLR Daily

sally — Fri, 17 May 2013 09:11:26 +0000

Preston (formerly Moore) v President of the Methodist Conference [2013 UKSC 29; [2013] WLR (D) 179

“The basis for the rights and duties of an ordained minister of the Methodist Church were to be found in the constitutional provisions of the church and not in any arrangement of a kind which could amount to a contract. Therefore a Methodist minister was not an “employee” of the church for the purposes of section 230 of the Employment Rights Act 1996 and was not entitled to bring proceedings for unfair dismissal against the church.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

Crime and Courts Act 2013: Consultation on the application of the equal merit provision – Judicial Appointments Commission

sally — Fri, 17 May 2013 08:58:09 +0000

“The Judicial Appointments Commission (JAC) is interested in views on potential approaches to the application of the provisions in Part 2 of Schedule 13 to the Crime and Courts Act 2013 (CCA) relating to diversity considerations where candidates for judicial office are of equal merit. The provisions in the CCA clarify that the JAC’s duty to make selections ‘solely on merit’ (S63(2) Constitutional Reform Act 2005) does not prevent it from selecting one candidate over another for the purpose of increasing judicial diversity where there are two candidates of equal merit.”

Full story

Judicial Appointments Commission, 17th May 2013

Source: www.justice.gov.uk

Special traffic courts to deal with motoring cases under ministers’ plans – The Guardian

sally — Fri, 17 May 2013 08:54:20 +0000

“Traffic-light jumpers and speeding motorists are to be dealt with in special traffic courts in a bid to free up time for more serious cases, the government has announced.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

Will the new criminal legal aid reforms breach the right to a fair trial? – UK Human Rights Blog

sally — Fri, 17 May 2013 08:46:51 +0000

“One of the most contentious proposals in the Consultation Paper on the transforming legal aid is the removal of client choice in criminal cases. Under the proposals contracts for the provision of legal aid will be awarded to a limited number of firms in an area. The areas are similar to the existing CPS areas. The Green Paper anticipates that there will be four or five such providers in each area. Thus the county of Kent, for example, will have four or five providers in an area currently served by fifty or so legal aid firms. Each area will have a limited number providers that will offer it is argued economies of scale.”

Full story

UK Human Rights Blog, 16th May 2013

Source: www.ukhumanrightsblog.com

King Arthur Pendragon loses second Stonehenge fight – BBC News

sally — Fri, 17 May 2013 08:37:36 +0000

“A druid who has lost his second legal bid to get human remains reburied at Stonehenge has said he will fight on.”

Full story

BBC News, 16th May 2013

Source: www.bbc.co.uk

Conman Kallakis gets four more years in jail – The Guardian

sally — Fri, 17 May 2013 08:33:01 +0000

“Achilleas Kallakis, a conman who received a seven-year jail sentence in January, will spend a further four years behind bars after a British government lawyer called on senior judges for a tougher sentence.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Police watchdog criticised for errors in investigation into death in custody – The Guardian

sally — Fri, 17 May 2013 08:25:32 +0000

“The official police watchdog made a series of errors in an investigation which cleared officers over the death of a man in custody, an independent report has found.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

Gay marriage: Review of civil partnerships possible but not until 2019 – BBC News

sally — Fri, 17 May 2013 08:25:26 +0000

“Ministers have said they are prepared to review whether civil partnerships should be extended to heterosexual couples but not until 2019.”

Full story

BBC News, 17th May 2013

Source: www.bbc.co.uk

SFO considers criminal inquiry into alleged price fixing by oil firms – The Guardian

sally — Fri, 17 May 2013 08:18:00 +0000

“The Serious Fraud Office said on Thursday it is considering a criminal inquiry into alleged price fixing at BP and other oil companies already being investigated by European competition authorities.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

‘Death contracts’ could give terminally ill the right to die – The Independent

sally — Fri, 17 May 2013 08:14:50 +0000

“Terminally ill people could sign a ‘death contract’ allowing doctors to help them end their lives under new legal proposals.”

Full story

The Independent, 16th May 2013

Source: www.independent.co.uk

Council wrongly classed asylum seeker children as adults – The Guardian

sally — Fri, 17 May 2013 08:08:43 +0000

“A London council has had to pay out more than £1m in costs for wrongly assessing asylum seeker children as adults. These wrong decisions have condemned some children to homelessness, prevented them from going to school and led to some being unlawfully held in adult detention centres.”

Full story

The Guardian, 17th May 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

sally — Thu, 16 May 2013 18:21:43 +0000

Court of Appeal (Criminal Division)

R. v Kallakis & Anor [2013] EWCA Crim 709 (16 May 2013)

Court of Appeal (Civil Division)

Environment Agency v Manchester Ship Canal Company Ltd & Anor, R. (On the application of) [2013] EWCA Civ 542 (16 May 2013)

D & G Cars Ltd v Essex Police Authority [2013] EWCA Civ 514 (16 May 2013)

Fish & Fish Ltd v Sea Shepherd UK & Ors [2013] EWCA Civ 544 (16 May 2013)

Serious Organised Crime Agency (SOCA) v O’Docherty & Anor [2013] EWCA Civ 518 (16 May 2013)

High Court (Queen’s Bench Division)

Thames Chambers Solicitors v Miah (Rev 1) [2013] EWHC 1245 (QB) (16 May 2013)

Cussens v Realreed Ltd [2013] EWHC 1229 (QB) (15 May 2013)

High Court (Chancery Division)

Marks and Spencer Plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd & Anor [2013] EWHC 1279 (Ch) (16 May 2013)

High Court (Administrative Court)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

High Court (Commercial Court)

Golden Ocean Group Ltd v Humpuss Intermoda Transportasi Tbk Ltd & Anor [2013] EWHC 1240 (Comm) (16 May 2013)

Source: www.bailii.org

Recent Statutory Instrument – legislation.gov.uk

sally — Thu, 16 May 2013 18:06:54 +0000

The Energy Supply Company Administration (Scotland) Rules 2013

The Income Tax (Monitoring Schemes Relating to Vulnerable Persons) Order 2013

Source: www.legislation.gov.uk

Coeliac sufferer made ‘violently sick’ at Jamie Oliver restaurant – Daily Telegraph

sally — Thu, 16 May 2013 18:01:36 +0000

“Celebrity chef Jamie Oliver’s Italian restaurant chain was fined £8,000 after a woman who told staff three times she was allergic to gluten was served wheat pasta.”

Full story

Daily Telegraph, 16th May 2013

Source: www.telegraph.co.uk

Man jailed for abuse of ‘enslaved’ woman in London – BBC News

sally — Thu, 16 May 2013 17:44:18 +0000

“A man has been jailed for 11 years for raping an Indian woman who was treated like a ‘slave’ at his home.”

Full story

BBC News, 16th May 2013

Source: www.bbc.co.uk

ICO updates guidance on dealing with vexatious FOI requests following Tribunal criticism – OUT-LAW.com

sally — Thu, 16 May 2013 17:37:06 +0000

“Public bodies should consider whether freedom of information (FOI) requests are ‘likely to cause a disproportionate or unjustified level of disruption, irritation or distress’ when determining whether those requests are vexatious or not, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 16th May 2013

Source: www.out-law.com

IT expert jailed for attacks on Oxford and Cambridge websites – The Guardian

sally — Thu, 16 May 2013 17:33:16 +0000

“A man who used his IT expertise to launch cyber-attacks on the websites of Oxford and Cambridge universities has been jailed for two years.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Lulzsec hacker group handed jail sentences – BBC News

sally — Thu, 16 May 2013 17:29:00 +0000

“British hackers who were behind a series of high profile cyber-attacks in 2011 have been sentenced.”

Full story

BBC News, 16th May 2013

Source: www.bbc.co.uk

EVENT: IALS – The European Public Prosecutor: Coming Soon To A Country Near You?

sally — Thu, 16 May 2013 13:48:38 +0000

“The European Union Act 2011 requires a referendum in the UK before we can appoint an EPP here; but other member states may do so without our participation. Why would they want to, and how would we work with such an official if he were to be appointed?”

Date: 20 May 2013, 2.00-6:00pm

Location: Institute of Advanced Legal Studies

Charge: Free event

More information is available here.

Regina (F) v Director of Public Prosecutions – WLR Daily

sally — Thu, 16 May 2013 10:38:25 +0000

Regina (F) v Director of Public Prosecutions [2013] EWHC 945 (Admin); [2013] WLR (D) 178

“For the purposes of an offence of rape contrary to the Sexual Offences Act 2003, choice was crucial to the issue of ‘consent’ to sexual intercourse. Evidence relating to ‘choice’ and the ‘freedom’ to make any particular choice had to be approached in a broad common sense way. Where a man deliberately ignored the basis of his partner’s consent to penetration as a manifestation of his control over her consent to penetration could be vitiated and give rise to a conviction for rape.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk

Regina (A) v Lowestoft Magistrates’ Court – WLR Daily

sally — Thu, 16 May 2013 10:36:05 +0000

Regina (A) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin); [2013] WLR (D) 177

“The child specifically referred to in any charge under section 2(1) of the Licensing Act 1902 was a subject of criminal proceedings which were taken ‘in respect of’, and thus “concerned”, that child for the purposes of the court’s power to impose reporting restrictions under section 39 of the Children and Young Persons Act 1933.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

sally — Thu, 16 May 2013 10:27:24 +0000

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Regina v Johal – WLR Daily

sally — Thu, 16 May 2013 10:26:01 +0000

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others – WLR Daily

sally — Thu, 16 May 2013 10:24:10 +0000

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others [2013] EWCA Civ 487; [2013] WLR (D) 174

“A customer which as part of its business did betting on a betting exchange did not receive or negotiate bets so was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963 and was not liable to pay the horserace betting levy.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

sally — Thu, 16 May 2013 10:22:00 +0000

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

Bar Council and Bar Standards Board 2nd biennial survey of the profession – The Bar Council

sally — Thu, 16 May 2013 10:18:09 +0000

At a time of unprecedented change in the way in which legal services are delivered, it has never been more important to gather the views of the profession about their experience of life at the Bar. The Bar Council and the Bar Standards Board (BSB) are carrying out the second biennial survey of the Bar, the results of which will inform strategic planning and provide information on the working lives of barristers.

Full story

The Bar Council, 15th May 2013

Source: www.barcouncil.org.uk

Legal profession joins forces to oppose unreasonable legal aid proposals – The Bar Council

sally — Thu, 16 May 2013 10:14:58 +0000

“Representatives of the Law Society and the Bar Council have joined forces with wider practitioner bodies to oppose the Ministry of Justice Consultation on proposed savage cuts to the funding of the Criminal Legal Aid Budget, the introduction of Price Competitive Tendering and other changes to the criminal justice system.”

Full story

The Bar Council, 14th May 2013

Source: www.barcouncil.org.uk

Government response to the report on the operation in 2012 of the Terrorism Prevention and Investigation Measures Act 2011 – Home Office

sally — Thu, 16 May 2013 10:09:55 +0000

“The Secretary of State for the Home Department (Theresa May): In accordance with section 20(2), 20(3), 20(4) and 20(5) of the Terrorism Prevention and Investigation Measures Act 2011, the Independent Reviewer of Terrorism Legislation (David Anderson QC) prepared a report on the operation of the Act in 2012, which I laid before the House on 14 March 2013.”

Full story

Home Office, 16th May 2013

Source: www.gov.uk/home-office

Stopping poor quality and time-wasting expert evidence in family courts – Ministry of Justice

sally — Thu, 16 May 2013 10:06:13 +0000

“New national standards to raise the quality of experts used in family courts and get rid of time-consuming evidence which adds little value in helping judges reach a decision were announced by the Government today.”

Full story

Ministry of Justice, 16th May 2013

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

The President of the Methodist Conference (Appellant) v Preston (Respondent) – Supreme Court

sally — Thu, 16 May 2013 10:00:52 +0000

The President of the Methodist Conference (Appellant) v Preston (Respondent) [2013] UKSC 29 | UKSC 2012/0015 (YouTube)

Supreme Court, 15th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Standards for expert witnesses in the family courts in England and Wales – Ministry of Justice

sally — Thu, 16 May 2013 09:38:03 +0000

“This is a consultation on minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales.”

Full story

Ministry of Justice, 16th May 2013

Source: www.justice.gov.uk

UK Uncut loses legal challenge over Goldman Sachs tax deal with HMRC – The Guardian

sally — Thu, 16 May 2013 09:22:48 +0000

“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

sally — Thu, 16 May 2013 08:53:44 +0000

Supreme Court

Methodist Conference v Preston (Rev 1) [2013] UKSC 29 (15 May 2013)

Court of Appeal (Criminal Division)

Odegbune & Ors v R. [2013] EWCA Crim 711 (15 May 2013)

Norris v R. [2013] EWCA Crim 712 (15 May 2013)

Court of Appeal (Civil Division)

Doy v Gunn [2013] EWCA Civ 547 (08 May 2013)

Hotak v London Borough of Southwark (Rev 1) [2013] EWCA Civ 515 (15 May 2013)

Watson, R (on the application of) v London Borough of Richmond Upon Thames [2013] EWCA Civ 513 (15 May 2013)

United Marine Aggregates Ltd. v GM Welding & Engineering Ltd & Anor [2013] EWCA Civ 516 (14 May 2013)

High Court (Chancery Division)

Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) (09 May 2013)

Kemsley v Barclays Bank Plc & Ors [2013] EWHC 1274 (Ch) (15 May 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint -Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 1161 (TCC) (14 May 2013)

Source: www.bailii.org

Charity unable to claim rates relief – Wi-Fi transmitters were “minimal” use, says High Court – OUT-LAW.com

sally — Thu, 16 May 2013 08:41:20 +0000

“A registered charity that provides free Wi-Fi services and broadcasts public safety messages using transmitters installed in otherwise empty commercial properties cannot claim business rates relief, the High Court has said.”

Full story

OUT-LAW.com, 15th May 2013

Source: www.out-law.com

Saudi princes fail to win sovereign immunity in UK court case – The Guardian

sally — Thu, 16 May 2013 08:32:50 +0000

“Two senior Saudi princes have failed to extract themselves from English justice after the court of appeal upheld a ruling that they are not entitled to sovereign immunity in a case involving their London-based business interests.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Victoria station killing: Odegbune minimum tariff reduced – BBC News

sally — Thu, 16 May 2013 08:25:44 +0000

“A teenager convicted of murdering a schoolboy in Victoria Station has had his sentence’s minimum term reduced.”

Full story

BBC News, 15th May 2013

Source: www.bbc.co.uk

Supreme Court rules that God is above the law – Daily Telegraph

sally — Thu, 16 May 2013 08:23:29 +0000

“It has passed judgments affecting multimillionaires, multinational banks and MPs but now Britain’s highest court has made clear that it does not have jurisdiction over God.”

Full story

Daily Telegraph, 15th May 2013

Source: www.telegraph.co.uk

Priority need – NearlyLegal

sally — Thu, 16 May 2013 08:19:17 +0000

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

Full story

NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

sally — Thu, 16 May 2013 08:16:07 +0000

“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

We should have anonymity for people who have been arrested but not charged, says Theresa May – The Independent

sally — Thu, 16 May 2013 08:12:58 +0000

“Criminal suspects who have been arrested should not normally be named until they are charged, the Home Secretary has said.”

Full story

The Independent, 16th May 2013

Source: www.independent.co.uk

Widower to receive £150,000 payout linked to wife’s death in Oxfordshire – BBC News

sally — Thu, 16 May 2013 08:11:35 +0000

“A widower left with brain damage from alcohol abuse linked to the shock of his wife’s sudden death is to receive a £150,000 payout from the NHS.”

Full story

BBC News, 15th May 2013

Source: www.bbc.co.uk

Son jailed for 18 years at least for murdering mother after she threatened to disinherit him – The Independent

sally — Thu, 16 May 2013 08:07:41 +0000

“A carpet fitter who smothered his frail mother to death after she threatened to write him out of her will has been jailed for life and ordered to serve a minimum of 18 years.”

Full story

The Independent, 15th May 2013

Source: www.independent.co.uk

Legal aid cuts prompt top lawyers to leave the bar for careers on the bench – The Guardian

sally — Thu, 16 May 2013 08:00:06 +0000

“It has been dubbed the stampede for ‘the purple lifeboat’ – applications to become judges have more than doubled over the past four years as senior lawyers seek professional sanctuary on the bench.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk

Stephen Lawrence judges: why we threw out David Norris appeal plea – The Guardian

sally — Wed, 15 May 2013 14:18:15 +0000

“Appeal court justices say conviction was ‘unarguable’ for racist murder of London teenager in 1993.”

Full story

The Guardian, 15th May 2013

Source: www.guardian.co.uk

Consent should be needed for anonymised data sharing to be lawful, say campaigners – OUT-LAW.com

sally — Wed, 15 May 2013 14:16:41 +0000

“Businesses should have to ask for individuals’ consent before sharing anonymised personal data with third parties, digital rights campaigners have said.”

Full story

OUT-LAW.com, 15th May 2013

Source: www.out-law.com