Activist wins legal aid battle – The Independent

Posted May 12th, 2011 in human rights, judicial review, legal aid, news, public interest by sally

“Peace activist Maya Evans has won a dramatic High Court victory in her battle to block cuts to legal aid funding for human rights cases brought ‘in the public interest’.”

Full story

The Independent, 12th May 2011

Source: www.independent.co.uk

Judges accuse Ministry of Defence of stifling challenges over treatment of detainees – The Guardian

“The Ministry of Defence has been condemned by the high court for stifling legal challenges over the treatment of detainees in Iraq and Afghanistan.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk

A ‘laughing stock’ libel law no more? The Defamation Bill – Legal Week

Posted May 12th, 2011 in bills, defamation, news by sally

“On 15 March the Government made good on a manifesto commitment of both coalition parties to act on libel reform, unveiling a draft Defamation Bill for consultation until 10 June.”

Full story

Legal Week, 12th May 2011

Source: www.legalweek.com

Barristers’ dinners – a bit of fun or one upper-class indulgence too many? – The Guardian

Posted May 12th, 2011 in barristers, inns of court, news by sally

“Anyone wanting to be called to the bar must eat 12 formal dinners at the inns of court.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk

McCarthy v Secretary of State for the Home Department – WLR Daily

Posted May 12th, 2011 in citizenship, EC law, freedom of movement, law reports by sally

McCarthy v Secretary of State for the Home Department (Case C-434/09); [2011] WLR (D) 153

“Parliament and Council Directive 2004/38/EC was not applicable to a European Union citizen who had never exercised their right of free movement, who had always resided in a member state of which they were a national and who was also a national of another member state. Article 21FEU of the FEU Treaty was likewise not applicable to a European Union citizen in such circumstances provided the situation of that citizen did not include the application of measures by a member state that would have the effect of depriving them of the genuine enjoyment of the substance of the rights conferred by virtue of their status as a Union citizen.”

WLR Daily, 5th MAy 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Victims central to new proposals for the sentencing of burglars – Sentencing Council

Posted May 12th, 2011 in burglary, news, sentencing, victims by sally

“Today, the Sentencing Council is launching a three-month public consultation on its proposals to introduce a new guideline for judges and magistrates on the sentences for all offences which involve burglary.”

Full story

Sentencing Council, 12th May 2011

Source: http://sentencingcouncil.judiciary.gov.uk

Related link: Burglary Offences Guideline

Sex discrimination case begins – Law Society’s Gazette

“A woman solicitor who alleges that her boss remarked she had ‘all the traits of a blonde’ and should find herself a rich husband has begun tribunal proceedings for sexual discrimination and unfair dismissal.”

Full story

Law Society’s Gazette, 12th May 2011

Source: www.lawgazette.co.uk

News focus: sole practitioners face ‘perfect storm’ – Law Society’s Gazette

“To paraphrase Mark Twain, reports of the death of the sole practitioner appear greatly exaggerated.”

Full story

Law Society’s Gazette, 12th May 2011

Source: www.lawgazette.co.uk

Judge demands review of damaging divorce laws – Daily Telegraph

Posted May 12th, 2011 in children, cohabitation, divorce, families, judges, news by sally

“Outdated family laws have fuelled an ‘alarming’ rise in marital breakdown, causing ‘profound’ damage to millions of children, a High Court judge has warned.”

Full story

Daily Telegraph, 11th May 2011

Source: www.telegraph.co.uk

Joanna Yeates trial: Mirror and Sun face contempt charges – The Guardian

Posted May 12th, 2011 in contempt of court, defamation, media, news by sally

“The attorney general, Dominic Grieve, will begin court action on Thursday against two tabloid newspapers over the way they covered the hunt for the killer of Joanna Yeates, the landscape architect whose body was found dumped on Christmas Day in a country lane near Bristol.”

Full story

The Guardian, 11th May 2001

Source: www.guardian.co.uk

Professional negligence litigation rise down to the unscrupulous few – Law Society’s Gazette

“Economically speaking, the law is generally thought to be a counter-cyclical profession.”

Full story

Law Society’s Gazette, 12th May 2011

Source: www.lawgazette.co.uk

Pension rights for gay couples in civil partnerships should match those for married straight couples, EU court rules – OUT-LAW.com

“Couples in civil partnerships should have the same pension rights as married couples according to the European Court of Justice, backing the approach already taken in the UK.”

Full story

OUT-LAW.com, 11th May 2011

Source: www.out-law.com

Judges to be asked: Should cameras be allowed in courts? – The Guardian

Posted May 12th, 2011 in courts, judiciary, media, news by sally

“Judges are to be consulted about how cameras could be allowed into courtrooms to televise trials, the Ministry of Justice has revealed. Confirmation that officials have put the issue back on the political agenda comes as the Director of Public Prosecutions, Keir Starmer, calls for greater openness and transparency in the justice system.”

Full story

The Guardian, 11th May 2011

Source: www.guardian.co.uk

Police reform bill defeat for government in Lords – The Guardian

Posted May 12th, 2011 in bills, elections, news, police by sally

“The government suffered a major defeat in the Lords when a rebellion by Liberal Democrat peers helped carry an amendment that could bury the government’s central policy of elected police and crime commissioners.”

Full story

The Guardian, 11th May 2011

Source: www.guardian.co.uk

Punishments for burglars tightened up by sentencing body – The Guardian

Posted May 12th, 2011 in burglary, news, sentencing, victims by sally

“Burglars who target homes will normally be expected to be sent to jail, under new sentencing guidelines for judges and magistrates.”

Full story

The Guardian, 12th May 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 12th, 2011 in law reports by sally

Supreme Court

Adams, R (on the application of) v Secretary of State for Justice [2011] UKSC 18 (11 May 2011)

Revenue & Customs v Tower MCashback LLP 1 & Anor [2011] UKSC 19 (11 May 2011)

Court of Appeal (Criminal Division)

Zejmowicz & Anor, R. v [2011] EWCA Crim 1173 (11 May 2011)

Nicholas & Anor v R. [2011] EWCA Crim 1175 (11 May 2011)

Court of Appeal (Civil Division)

Mahan Air & Anor v Blue Sky One Ltd & Ors [2011] EWCA Civ 544 (11 May 2011)

Helden v Strathmore Ltd [2011] EWCA Civ 542 (11 May 2011)

Systemcare (UK) Ltd v (Services Design Technology Ltd & Anor (Rev 1) [2011] EWCA Civ 546 (11 May 2011)

Nassery, R (on the application of) v London Borough of Brent [2011] EWCA Civ 539 (11 May 2011)

Lane v Cullens Solicitors & Ors [2011] EWCA Civ 547 (11 May 2011)

Wardle v Credit Agricole Corporate and Investment Bank [2011] EWCA Civ 545 (11 May 2011)

High Court (Chancery Division)

Humber Oil Terminals Trustee Ltd v Associated British Ports [2011] EWHC 1184 (Ch) (11 May 2011)

High Court (Family Division)

X, Y, and Z & Anor v A Local Authority [2011] EWHC 1157 (Fam) (11 May 2011)

R & Anor v A [2011] EWHC 1158 (Fam) (11 May 2011)

High Court (Administrative Court)

HH, R (on the application of) v City of Westminster Magistrates Court [2011] EWHC 1145 (Admin) (11 May 2011)

High Court (Patents Court)

Schutz (UK) Ltd & Anor v Delta Containers Ltd & Anor [2011] EWHC 1173 (Pat) (05 May 2011)

Source: www.bailii.org