Stephensons: on becoming an ABS – LegalVoice

Posted January 18th, 2013 in alternative business structures, law firms, news by tracey

“Stephensons Solicitors, a leading legal aid firm in the north-west, secured approval as an Alternative Business Structure (ABS) early in the new year, and has already appointed its first non-lawyer partner.”

Full story

LegalVoice, 17th January 2013

Source: www.legalvoice.org.uk

Wear What You Like – Garden Court Chambers Blog

Posted January 18th, 2013 in employment, human rights, news, religious discrimination by tracey

“Following today’s European Court of Human Rights judgment in Eweida and Others v the United Kingdom, David Renton analyses the how the fine balance between religious freedom and avoiding discrimination can be struck.”

Full story

Garden Court Chambers Blog. 15th January 2013

Source: www.gclaw.wordpress.com

Public sector equality duty – planning permission for school – Education Law Blog

Posted January 18th, 2013 in education, equality, local government, news, planning by tracey

“In R. (on the application of Coleman) v Barnet LBC [2012] EWHC 3725 (Admin) , the High Court has held that the local authority had discharged its public sector equality duty (under section 149 of the Equality Act 2010) when granting planning permission for the development of a school on land on which a garden centre had been situated.”

Full story

Education Law Blog, 15th January 2013

Source: www.education11kbw.com

Command Papers – official-documents.gov.uk

Posted January 18th, 2013 in parliamentary papers by tracey

Fitness for work: Government response to ‘Health at Work – an independent review of sickness absence’, Cm 8476 (PDF)

Standards matter: a review of best practice in promoting good behaviour in public life thirteenth report of the Committee on Standards in Public Life, Cm 8519 (PDF)

Source: www.official-documents.gov.uk

LSB responds to OFT report which outlines the changes to the regulation of legal services brought about by the Legal Services Act 2007 – Legal Services Board

Posted January 18th, 2013 in legal ombudsman, legal services, Legal Services Board, press releases by tracey

“LSB responds to OFT report which outlines the changes to the regulation of legal services brought about by the Legal Services Act 2007.”

Full press release

Legal Services Board, 18th January 2013

Source: www.legalservicesboard.org.uk

BAILII: Recent Decisions

Posted January 18th, 2013 in law reports by tracey

High Court (Administrative Court)

Powierza v District Court, Warszawa, Poland [2013] EWHC 36 (Admin) (17 January 2013)

Source: www.bailii.org

Patel v General Medical Council – WLR Daily

Posted January 18th, 2013 in conspiracy, doctors, fraud, law reports, proportionality, public interest by tracey

Patel v General Medical Council: [2012] EWHC 3688 (Admin); [2013] WLR (D) 12

“When considering an application under section 41(A) of the Medical Act 1983 to terminate an 18 months’ suspension order imposed by an Interim Orders Panel, the court was required to give the panel’s decision such weight as in the circumstances of the case it thought fit but was entitled to examine the panel’s reasons with some rigour.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Swift (trading as A Swift Move) v Robertson – WLR Daily

Posted January 18th, 2013 in consumer protection, contracts, deposits, law reports, ultra vires by tracey

Swift (trading as A Swift Move) v Robertson: [2012] EWCA Civ 1794;   [2013] WLR (D)  11

“Where a contract between a consumer and a trader for the supply of goods or services was made during a visit to the consumer’s home the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008 applied, irrespective of whether there had been earlier negotiations between the parties at the consumer’s home.”

WLR Daily, 15th January 2013

Source: www.iclr.co.uk

 

Recent Statutory Instruments – legislation.gov.uk

Posted January 18th, 2013 in legislation by tracey

The Non-Domestic Rating (Small Business Rate Relief) (England) (Amendment) Order 2013

The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2013

The Proceeds of Crime Act 2002 (Appeals Under Part 2) (Amendment) Order 2013

The Plant Health (England) (Amendment) Order 2013

Source: www.legislation.gov.uk

Religious Marriages: Staying a decree absolute in order to increase the chances of obtaining a religious divorce – Family Law Week

Posted January 18th, 2013 in divorce, islamic law, Judaism, marriage, news by tracey

“Charlotte Rachael Proudman, a barrister at 1 Mitre Court Buildings, provides legal guidance on the Matrimonial Causes Act 1973, Section 10A, used in religious marital cases to speed up the process of obtaining religious divorces.”

Full story

Family Law Week, 17th January 2013

Source: www.familylawweek.co.uk

Met police launch inquiry into historic child sex abuse claims – The Guardian

Posted January 18th, 2013 in child abuse, evidence, indecent photographs of children, news by tracey

“The Metropolitan police have launched an official investigation into historic claims of child abuse after an MP alleged that a ‘senior aide of a former prime minister’ had links to a member of a paedophile ring.”

Full story

The Guardian, 17th January 2013

Source: www.guardian.co.uk

Undercover police damages cases to be heard in secret – BBC News

Posted January 18th, 2013 in investigatory powers, news, police, private hearings, psychiatric damage, tribunals by tracey

“Women who say they were tricked into sexual relationships with undercover police
officers will have their cases heard in secret, a judge has ruled.”

Full story

BBC News, 17th January 2013

Source: www.bbc.co.uk

Property fraudsters sent to jail for up to seven years – BBC News

Posted January 18th, 2013 in banking, forgery, fraud, loans, news, sentencing by tracey

“Two men from London have been sent to jail after being found guilty of
defrauding two banks, Allied Irish Banks and Bank of Scotland, of £61.”

Full story

BBC News, 17th January 2013

Source: www.bbc.co.uk

Northampton piano teacher jailed for grooming girl pupil – BBC News

“A piano teacher from Milton Keynes who groomed a young pupil by exchanging explicit phone photographs with her has been jailed for 22 months.”

Full story

BBC News, 18th January 2013

Source: www.bbc.co.uk

Kate Winslet’s husband Ned RocknRoll is not a public figure, says judge – The Independent

Posted January 18th, 2013 in injunctions, media, news, privacy by tracey

“Actress Kate Winslet’s husband is not a public figure in his own right, a High Court judge said today. Ned RocknRoll had ‘briefly become something of public figure’ as a result of his relationship with Miss Winslet, said Mr Justice Briggs. But the judge said that was not enough to place Mr RocknRoll – a nephew of tycoon Sir Richard Branson – into the ‘public sphere’.”

Full story

The Independent, 17th January 2013

Source: www.independent.co.uk

Doctors ask court to decide whether refugee on hunger strike can be forcibly fed – The Independent

Posted January 18th, 2013 in Court of Protection, news, passports, refugees by tracey

“Doctors have asked a court to decide whether a refugee on hunger strike can be forcibly fed. The man, who cannot be named for legal reasons and is referred to in court documents as ‘A’, went on hunger strike to demand that the UK Border Agency returns his passport.”

Full story

The Independent, 17th January 2013

Source: www.independent.co.uk

RSPCA warned on hunt prosecutions by charities watchdog – Daily Telegraph

Posted January 18th, 2013 in charities, Charity Commission, costs, hunting, news, prosecutions by tracey

“The RSPCA has been told by the charity watchdog that any decision to prosecute
hunts must be a ‘reasonable and effective use of the charity’s resources’.”

Full story

Daily Telegraph, 17th January 2013

Source: www.telegraph.co.uk

Steamy windows: Setting the correct temperature for hot tubbing in international arbitrations – Hardwicke Chambers

Posted January 17th, 2013 in arbitration, cross-examination, evidence, expert witnesses, news, tribunals, witnesses by sally

“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted January 17th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Linuzs & Ors v Latmar Holdings Corporation [2013] EWCA Civ 4 (17 January 2013)

Kennaugh v Jones (t/a Cheshire Tree Surgeons) [2013] EWCA Civ 1 (16 January 2013)

High Court (Queen’s Bench Division)

Cummings & Ors v The Ministry of Justice [2013] EWHC 33 (QB) (17 January 2013)

AKJ & Ors v Commissioner of Police for the Metroplis & Ors [2013] EWHC 32 (QB) (17 January 2013)

One World (GB) Ltd v Elite Mobile Ltd. [2012] EWHC 3706 (QB) (19 December 2012)

Gatt v Barclays Bank Plc & Anor [2013] EWHC 2 (QB) (14 January 2013)

High Court (Administrative Court)

Westminster City Council v Secretary of State for Communities and Local Government & Anor [2013] EWHC 23 (Admin) (17 January 2013)

Knowles & Anor, R (on the application of) v The Secretary Of State for Work And Pensions [2013] EWHC 19 (Admin) (17 January 2013)

South Northamptonshire Council & Anor v Secretary of State for Communities and Local Government & Anor [2013] EWHC 11 (Admin) (16 January 2013)

Parratt, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 17 (Admin) (16 January 2013)

West London Vocational Training College Ltd, R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 31 (Admin) (16 January 2013)

MacArthur & Ors v Secretary of State for Communities and Local Government & Ors [2013] EWHC 3 (Admin) (15 January 2013)

High Court (Chancery Division)

Sarjeant & Ors v Rigid Group Ltd [2012] EWHC 3757 (Ch) (20 December 2012)

Paynter & Anor v Hinch [2013] EWHC 13 (Ch) (17 January 2013)

Rocknroll v News Group Newspapers Ltd [2013] EWHC 24 (Ch) (17 January 2013)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 38 (Ch) (17 January 2013)

National Union of Mineworkers v Scargill [2012] EWHC 3750 (Ch) (21 December 2012)

HFI Farnborough LLP & Ors v Park Garage Group Plc [2013] EWHC 6 (Ch) (11 January 2013)

Ellison v Cleghorn [2013] EWHC 5 (Ch) (14 January 2013)

High Court (Family Division)

Young v Young [2013] EWHC 34 (Fam) (16 January 2013)

High Court (Technology and Construction Court)

Mears Ltd v Shoreline Housing Partnership Ltd [2013] EWHC 27 (TCC) (17 January 2013)

Sear v Kingfisher Builders (a firm) (No 3) [2013] EWHC 21 (TCC) (15 January 2013)

High Court (Commercial Court)

Fortress Value Recovery Fund I LLP v Blue Skye Special Opportunites Fund LP & Ors [2013] EWHC 14 (Comm) (16 January 2013)

Source: www.bailii.org

He who hesitates is lost – Hardwicke Chambers

Posted January 17th, 2013 in case management, lists, news, trials by sally

“Listing hearings can be tricky. You need to find a time the Court can fit you in. You need to squeeze it into your hectic diaries without upsetting other clients who firmly believe that theirs is the only case you have on right now. It needs to be a time that your busy barrister and the other side’s busy barrister can make.”

Full story

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk