Iraq damages cases: Supreme Court rules families can sue – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

BAILII: Recent Decisons

Posted June 19th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Lodge, R v [2013] EWCA Crim 987 (18 June 2013)

ZN, R v [2013] EWCA Crim 989 (18 June 2013)

Hussain, R. v (unauthorised disclosure of a draft judgment) (Rev 1) [2013] EWCA Crim 990 (10 May 2013)

Court of Appeal (Civil Division)

Cronin v The Greyhound Board of Great Britain Ltd [2013] EWCA Civ 668 (18 June 2013)

Emptage v Financial Services Compensation Scheme Ltd [2013] EWCA Civ 729 (18 June 2013)

High Court (Family Division)

B v B [2013] EWHC 1232 (Fam) (21 May 2013)

A (A Child) (Vulnerable Witness), Re [2013] EWHC 1694 (Fam) (17 June 2013)

High Court (Queen’s Bench Division)

White Digital Media Ltd v Weaver & Anor [2013] EWHC 1681 (QB) (18 June 2013)

High Court (Chancery Division)

Barden v Commodities Research Unit & Ors [2013] EWHC 1633 (Ch) (18 June 2013)

High Court (Administrative Court)

Mengesha v Commissioner of Police of the Metropolis [2013] EWHC 1695 (Admin) (18 June 2013)

Source: www.bailii.org

Prest v Prest and others – WLR Daily

Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237

“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ‘pierce the corporate veil’ but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Independent approval for undercover policing – Home Office

Posted June 19th, 2013 in intelligence services, investigatory powers, legislation, news, police by sally

“Damian Green announces proposals for new legislation for undercover policing operations.”

Full story

Home Office, 18th June 2013

Source: www.gov.uk/home-office

Short Cuts – London Review of Books

“A fundamental shift in the relationship between the government and the governed is taking place: by restricting access to the law, the state is handing itself an alarming immunity from legal scrutiny. There are several aspects to this: the partial or total withdrawal of state financial support for people who lack the means to pay for legal advice and representation; and for those who can pay, a restriction on which kinds of decision by public bodies can be challenged. In the area in which I work, criminal law, defendants who receive legal aid will lose the right to choose who represents them in court. Meanwhile, the misleadingly named Justice and Security Act, passed earlier this year, enables the government to conceal evidence from litigants by using national security as a trump card. All this is accompanied by an unbending hostility to human rights law, tainted by its association with Europe, even though this legislation at least offers the weak the possibility of redress for abuses by public authorities.”

Full story

London Review of Books, 6th June 2013

Source: www.lrb.co.uk

The Neuberger Experiment – BBC Law in Action

Posted June 19th, 2013 in equality, judiciary, news, women by sally

“There are 12 judges in the Supreme Court and only one, Lady Hale, is a woman. Last March on Law in Action, Lord Neuberger – the president of the court – told us it was unfair that there are so few women in the senior judiciary. But, he wondered, do women judge differently from men?

Lord Neuberger wasn’t sure – and he set us a little challenge, one we have called the ‘Neuberger Experiment’. With the help of law students at Durham University, we attempt to discover whether male and female judges really do judge differently. Then we put our findings to Lady Hale.”

Listen

BBC Law in Action, 18th June 2013

Source: www.bbc.co.uk

EVENT: IBC Annual Conference – ‘Keep Calm and Carry on Clerking’

Posted June 19th, 2013 in Forthcoming events by sally

“On Saturday 22 June the Institute of Barristers’ Clerks (IBC) will be holding their annual
conference titled ‘Keep Calm and Carry on Clerking’ at Kings Place, London.”

Date: Saturday 22nd June 2013

Location: Kings Place, London

Charge: See website for registration fee categories.

More information can be found here.

Lessons from eBay, cases without hearings and a divided profession: Neuberger assesses the law – Litigation Futures

“The court system ‘may well have something to learn from online dispute resolution on eBay and elsewhere’, the president of the Supreme Court has suggested.”

Full story

Litigation Futures, 19th June 2013

Source: www.litigationfutures.com

Mother sues lawyer for £15m over ‘millions lost’ in divorce – Daily Telegraph

Posted June 19th, 2013 in company law, divorce, negligence, news, solicitors by sally

“A mother is suing her former solicitor for £15 million, claiming that his poor advice cost her millions of pounds in a divorce settlement.”

Full story

Daily Telegraph, 18th June 2013

Source: www.telegraph.co.uk

FSA win highlights role of judicial review as remedy of last resort, says expert – OUT-LAW.com

Posted June 19th, 2013 in banking, financial services ombudsman, fines, judicial review, news by sally

“The former finance director of Bradford & Bingley has failed in his attempt to have the courts overturn a £100,000 fine issued by the financial services regulator.”

Full story

OUT-LAW.com, 18th June 2013

Source: www.out-law.com

Legal aid cuts will drive out the best lawyers, supreme court president warns – The Guardian

“Reforms may not produce significant savings as it would result in more unrepresented litigants and longer hearings, says Lord Neuberger.”

Full story

The Guardian, 18th June 2013

Source: www.guardian.co.uk

Gloucestershire man sentenced for zoo owl thefts – BBC News

Posted June 19th, 2013 in birds, news, suspended sentences, theft by sally

“The former owner of a bird-of-prey centre has been given a suspended prison sentence for stealing rare owls.”

Full story

BBC News, 18th June 2013

Source: www.bbc.co.uk

Rapist army captain convicted of three more attacks – Daily Telegraph

Posted June 19th, 2013 in armed forces, news, rape, sentencing by sally

“A former army captain, who was serving an eight year sentence for raping three women, has been jailed for life after being convicted of three further rapes.”

Full story

Daily Telegraph, 18th June 2013

Source: www.telegraph.co.uk

Jail reckless bankers, standards commission urges – BBC News

“Senior bankers guilty of reckless misconduct should be jailed, a long-awaited report on banking commissioned by the government has recommended.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Government considers banning face-down restraint on mental health patients – Daily Telegraph

Posted June 19th, 2013 in freedom of information, mental health, news, restraint, statistics by sally

“Ministers are considering banning the use of face-down restraint on mental health patients in England after it emerged that several trusts are employing the procedure two or three times a day.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Call for resuscitation clarity after ‘disturbing’ death – BBC News

Posted June 19th, 2013 in care homes, coroners, hospitals, medical records, news by sally

“Five organisations have received coroner’s letters highlighting the ‘disturbing’ death of a woman after paramedics were called to a care home.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Legal profession must do more to improve ethnic diversity, says Supreme Court president – The Independent

Posted June 19th, 2013 in equality, judiciary, legal profession, minorities, news by sally

“The UK’s top judge has acknowledged that the senior judiciary is monolithic and there are not enough members of ethnic minorities represented.”

Full story

The Independent, 18th June 2013

Source: www.independent.co.uk

Undercover policing faces tighter regulation after Mark Kennedy scandal – The Guardian

Posted June 19th, 2013 in intelligence services, investigatory powers, news, police, regulations by sally

“Ministers have announced proposals to tighten up the regulation of undercover police following a succession of scandals over the infiltration of protest groups.”

Full story

The Guardian, 18th June 2013

Source: www.guardian.co.uk

Iraq damages cases: Supreme Court judges to rule – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“Supreme Court judges will rule later on whether relatives of soldiers killed in Iraq can sue the government for damages under the Human Rights Act.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Paedophile who filmed himself sexually abusing young boys has been jailed over extreme image posted Facebook – The Independent

“A paedophile who filmed himself sexually abusing young boys has been jailed after posting an extreme image on Facebook.”

Full story

The Independent, 18th June 2013

Source: www.independent.co.uk