Wyatt v Vince – WLR Daily

 Wyatt v Vince: [2013] EWCA Civ 495;   [2013] WLR (D)  166

“The court should not allow either party to a former marriage to be harassed by claims for financial relief which were issued many years after the divorce and had no real prospect of success. Such claims should be struck out under FPR r 4.4(1)(b) as an abuse of process.”

WLR Daily, 8th May 2013

Source: www.iclr.co.uk

Burr v OM Property Management Ltd – WLR Daily

Burr v OM Property Management Ltd: [2013] EWCA Civ 479;   [2013] WLR (D)  164

“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 9th, 2013 in legislation by tracey

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Claimant lawyers hit out at government’s mesothelioma plan – Litigation Futures

“A government scheme designed to speed payments to mesothelioma sufferers could leave them thousands of pounds out of pocket and will not help other asbestos victims, according to claimant personal injury lawyers.”

Full story

Litigation Futures, 9th May 2013

Source: www.litigationfutures.com

Regulation at home, but not abroad – Gresham College Lecture

“In December 2012 Sir Geoffrey Nice finished four years as Vice Chair of the Bar Standards Board, the body that regulates barristers. After forty years in practice as a barrister, that included seven years working as an employed barrister in the UN, he will describe the differences between practice in a regulated legal community and practice in the UN system that operates with little effective regulation apart from what national systems impose on individual prosecution and defence lawyers. He will also review what he learnt as a regulator from looking critically at the Bar of England and Wales. The Bar of England and Wales and the country’s legal system as a whole proudly assert that they are the best in the world.  Are these claims justified?  If so, why was legislation thought to be necessary to regulate them more closely, and was that legislation wise?”

Transcript

Lecture by Professor Sir Geoffrey Nice QC

Gresham College, 8th May 2013

Source: www.gresham.ac.uk

Daniel Morgan murder: Home Office to hold independent review – BBC News

Posted May 9th, 2013 in inquiries, murder, news, police, private investigators by tracey

“The Home Office is to announce an independent review into the murder of private
investigator Daniel Morgan in south London in 1987.”

Full story

BBC News, 8th May 2013

Source: www.bbc.co.uk

Legal aid tendering: will it actually work? – The Guardian

Posted May 9th, 2013 in consultations, legal aid, news, tenders by tracey

“The MoJ’s public consultations on legal aid reforms show they are open-minded, but if the aim remains to reduce spending, what about the cost to justice?”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk

At-a-glance: Queen’ Speech 2013 bill-by-bill – BBC News

Posted May 9th, 2013 in bills, news, parliament, speeches by tracey

“The Queen’s Speech sets out the government’s legislative programme for the next
year. Here is a guide to all the bills in it.”

Full story

BBC News, 8th May 2013

Source: www.bbc.co.uk

Motorcyclist Andrew Kelly jailed over 122mph ride – BBC News

“A motorcyclist who was caught speeding at 122mph and who boasted on an internet
forum about lying to police has been jailed for eight months.”

Full story

BBC News, 8th May 2013

Source: www.bbc.co.uk

Woman who murdered family in act of ‘exceptional wickedness’ jailed for 30 years – Daily Telegraph

Posted May 9th, 2013 in arson, murder, news, sentencing by tracey

“A woman who murdered five members of a family by setting fire to her neighbour’s
pushchair in an ‘an act of exceptional wickedness’ has been jailed for at least
30 years.”

Full story

Daily Telegraph, 8th May 2013

Source: www.telegraph.co.uk

Entrepreneur defeats ex-wife’s attempt to increase £10.4m divorce settlement – Daily Telegraph

Posted May 9th, 2013 in divorce, financial provision, news, setting aside by tracey

“A multi millionaire entrepreneur who gave his ex-wife £10.4 million in their
divorce settlement has defeated an attempt by her at the High Court to get a
bigger slice of his fortune.”

Full story

Daily Telegraph, 8th May 2013

Source: www.telegraph.co.uk

Age of consent should be 13, says barrister – BBC News

Posted May 9th, 2013 in age of consent, anonymity, limitations, news, sexual offences by tracey

“A prominent barrister specialising in reproductive rights has called for the age
of consent to be lowered to 13.”

Full story

BBC News, 8th May 2013

Source: www.bbc.co.uk

Payment-by-results plan for offender supervision comes under fire – BBC News

Posted May 9th, 2013 in crime prevention, news, probation, recidivists, rehabilitation by tracey

“Senior probation officers have attacked plans to offer private companies and
charities payment-by-results for supervising people released from jail.”

Full story

BBC News, 9th May 2013

Source: www.bbc.co.uk

Attorney General ‘wrong to overrule judges who ordered Government to publish letters Prince Charles wrote to ministers’ – The Independent

“The Attorney General Dominic Grieve got the law wrong when he overruled judges who ordered the government to publish letters Prince Charles wrote to ministers, a court heard today.”

Full story

The Independent, 8th May 2013

Source: www.independent.co.uk

Tax scandal threatens charity donations – The Independent

Posted May 9th, 2013 in charities, Charity Commission, news, taxation by tracey

“The Charity Commission’s handling of a high-profile tax-avoidance scandal that saw shockingly little donated money reach good causes has put charities at risk of losing the public’s confidence – and consequently their money, one of the leading figures in the sector has warned.”

Full story

The Independent, 8th May 2013

Source: www.independent.co.uk

All prisoners face a year of supervision upon release – Daily Telegraph

Posted May 9th, 2013 in bills, news, prisons, probation, rehabilitation by tracey

“Low-level criminals who spend a few weeks or months in prison will be supervised
for a year in the community after their release in an attempt to cut ‘shameful
levels’ of reoffending, the Justice Secretary will announce.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

Fines for motorists caught texting to double – Daily Telegraph

Posted May 9th, 2013 in dangerous driving, fines, news, telecommunications by tracey

“Fines for motorists caught texting behind the wheel are to double after the
Government announced a crackdown on dangerous driving.”

Full story

Daily Telegraph, 9th May 2013

Source: www.telegraph.co.uk

TUPE Podcast – 11 KBW

Posted May 8th, 2013 in podcasts, transfer of undertakings by sally

Podcast

11 KBW, April 2013

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2013 in legislation by sally

The Energy Supply Company Administration Rules 2013

The Care Planning, Placement and Case Review and Fostering Services (Miscellaneous Amendments) Regulations 2013

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2013

The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013

The Electricity (Exemption from the Requirement for a Generation Licence) (Markinch) Order 2013

The Transport for Greater Manchester (Light Rapid Transit System) (Miscellaneous Provisions) Order 2013

The Adoption Agencies (Miscellaneous Amendments) Regulations 2013

Source: www.legislation.gov.uk

The dilemma of assisted suicide – CrimeLine

Posted May 8th, 2013 in assisted suicide, news by sally

“The controversy of mercy killing is unresolved. It is capable of being either an act of compassion or that of unconscionable self interest. The law recognises no difference between these motivations. Despite challenges from Diane Pretty and Debbie Purdy, mercy killing remains an offence in the UK. Assisting a person to commit suicide is an offence under the Suicide Act 1961. Killing a person not capable of committing suicide even at their request is murder or manslaughter. It is no defence to say that the best interests of the victim were served. While the DPP have been forced to publicise their policy upon which factors will be considered when a prosecution is contemplated that goes only to the public interest in any prosecution. The law recognises no offence or defence, full or partial, of mercy killing.”

Full story

CrimeLine, 29th April 2013

Source: www.crimeline.info