Henry ruling leaves lawyers rueing lack of clarity and warning of satellite litigation – Litigation Futures

Posted January 29th, 2013 in appeals, budgets, costs, news, proportionality by sally

“The Court of Appeal ruling in Henry yesterday has been met with disappointment and criticism from lawyers for failing to send out a clear message about the importance of costs management, and for risking an onslaught of satellite litigation.”

Full story

Litigation Futures, 29th January 2013

Source: www.litigationfutures.com

The future of human rights on these islands – UK Human Rights Blog

Posted January 29th, 2013 in constitutional reform, human rights, news by sally

“Now that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December. Where now for human rights?”

Full story

UK Human Rights Blog, 29th January 2013

Source: www.ukhumanrightsblog.com

Judges given final say on secret justice – Daily Telegraph

“Judges will decide whether civil cases involving national security can be heard in secret in a climbdown by the Government.”

Full story

Daily Telegraph, 29th January 2013

Source: www.telegraph.co.uk

Computer programming languages should not be viewed as copyrightable, says High Court judge – OUT-LAW.com

Posted January 29th, 2013 in computer programs, copyright, news by sally

“Computer programming languages should not be viewed as being copyrightable, a High Court judge has said.”

Full story

OUT-LAW.com, 28th January 2013

Source: www.out-law.com

Tomorrow’s Lawyers: a virtual judiciary – extract – The Guardian

Posted January 29th, 2013 in courts, judiciary, news by sally

“Is court a service or a place? And what is the scope for the ‘decomposing and multi-sourcing’ of judicial work?”

Full story

The Guardian, 29th January 2013

Source: www.guardian.co.uk

RSPCA told in letter to review its prosecution policies by Charity Commission – Daily Telegraph

Posted January 29th, 2013 in animal cruelty, Charity Commission, news, prosecutions by sally

“The RSPCA, Britain’s biggest animal welfare charity, has been officially asked to review its prosecution policies by the charities regulator after it spent hundreds of thousands of pounds bringing a prosecution against David Cameron’s local hunt.”

Full story

Daily Telegraph, 28th January 2013

Source: www.telegraph.co.uk

Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian

“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

Full story

The Independent, 28th January 2013

Source: www.independent.co.uk

Mark Duggan inquest could be shown live over the internet – The Guardian

Posted January 29th, 2013 in complaints, inquests, juries, media, news, police by sally

“Judicial officials are considering plans to stream the inquest into the police shooting of Mark Duggan live over the internet.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers

Posted January 29th, 2013 in bribery, company law, deferred prosecution agreements, negligence, news, penalties by sally

“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”

Full story

Fulcrum Chambers, January 2013

Source: www.fulcrumchambers.com

Baby P Sun libel case: social worker could recover legal costs – The Guardian

Posted January 28th, 2013 in budgets, costs, defamation, news by sally

“A social worker involved in the Baby P scandal who was facing a £300,000 shortfall in her legal bill following a successful libel action against the Sun has been told she now has a chance of recovering her costs following a landmark court of appeal judgment.”

Full story

The Guardian, 28th January 2013

Source: www.guardian.co.uk

Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers

Posted January 28th, 2013 in care homes, Court of Protection, human rights, mental health, news by sally

On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.

Full story

Hardwicke Chambers, 23rd January 2013

Source: www.hardwicke.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2013 in legislation by sally

The Civil Legal Aid (Merits Criteria) Regulations 2013

The Uplands Transitional Payment Regulations 2013

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings Regulations 2013

Source: www.legislation.gov.uk

Ordinary residence and local authority and NHS services – Hardwicke Chambers

Posted January 28th, 2013 in domicile, health, local government, news by sally

“There are two questions about residence:

1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”

Full story

Hardwicke Chambers, 24th January 2013

Source: www.hardwicke.co.uk

BAILII: Recent Decisions

Posted January 28th, 2013 in law reports by sally

Court of Appeal (Civil Division)

West London Mental Health NHS Trust v Chhabra [2013] EWCA Civ 11 (25 January 2013)

Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)

High Court (Administrative Court)

Ali & Ors, R (on the application of) v Secretary of State for Justice [2013] EWHC 72 (Admin) (25 January 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 62 (Admin) (25 January 2013)

Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)

TWS, R (on the application of) v Manchester City Council [2013] EWHC 55 (Admin) (25 January 2013)

High Court (Chancery Division)

RVB Investments Ltd v Bibby [2013] EWHC 65 (Ch) (25 January 2013)

SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) (25 January 2013)

High Court (Queen’s Bench Division)

Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)

Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)

High Court (Family Division)

Cambra v Jones & Ors [2013] EWHC 88 (Fam) (25 January 2013)

BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)

High Court (Commercial Court)

Navig8 PTE Limited v Al -Riyadh Co [2012] EWHC 3925 (Comm) (17 December 2012)

Source: www.bailii.org

Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW

Posted January 28th, 2013 in data protection, human rights, news by sally

“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”

Full story (PDF)

11 KBW, 28th January 2013

Source: www.11kbw.com

Criminals could avoid court under new ‘proportionality’ test – Daily Telegraph

Posted January 28th, 2013 in codes of practice, Crown Prosecution Service, news, prosecutions by sally

“More criminals will be let off without going to court as prosecutors assess whether the cost of any trial would be worth it under the biggest shake-up of the rules for 20 years.”

Full story

Daily Telegraph, 28th January 2013

Source: www.telegraph.com

Gift vouchers ~ Can consumer protection be tightened? – 11 Stone Buildings

Posted January 28th, 2013 in consumer protection, insolvency, news by sally

“The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV, in the run up to going into administration has been the subject of much adverse comment in the media in recent weeks. Consumers always seem to be pulling the short straw. Why is this and can anything be done to protect their position better?”

Full story

11 Stone Buildings, January 2013

Source: www.11sb.com

Family Justice Board action plan – Ministry of Justice

Posted January 28th, 2013 in children, families, family courts, news by sally

“This plan sets out the actions the Board and its partners will take to achieve the Government’s vision of a family justice system that supports the delivery of the best possible outcomes for all children who come into contact with it.”

Action Plan to Improve the Performance of the Family Justice System (PDF)

Ministry of Justice, 24th January 2013

Source: www.justice.gov.uk

Court of Appeal overturns Senior Costs Judge and allows recovery of £300,000 budget overspend – Litigation Futures

Posted January 28th, 2013 in appeals, budgets, costs, defamation, news by sally

“A social worker involved in the Baby P case can recover £300,000 in costs from a successful libel claim against The Sun after the Court of Appeal ruled that she had good reason to depart from the court-approved costs budget, the Court of Appeal has ruled.”

Full story

Litigation Futures, 28th January 2013

Source: www.litigationfutures.com