BAILII: Recent Decisions

Posted July 11th, 2013 in law reports by sally

Supreme Court

Kapri v The Lord Advocate (representing The Government of the Republic of Albania) (Scotland) [2013] UKSC 48 (10 July 2013)

AA, R (on the application of) v Secretary of State for the Home Department [2013] UKSC 49 (10 July 2013)

Court of Appeal (Criminal Division)

Sheard v R [2013] EWCA Crim 1161 (10 July 2013)

Court of Appeal (Civil Division)

Black & Anor v Wilkinson [2013] EWCA Civ 820 (09 July 2013)

Tattersall v Tattersall [2013] EWCA Civ 774 (09 July 2013)

Mertrux Ltd v HM Revenue and Customs [2013] EWCA Civ 821 (09 July 2013)

Starks v Chief Constable of Hertfordshire [2013] EWCA Civ 782 (09 July 2013)

Urban I (Blonk Street) Ltd v Ayres & Anor [2013] EWCA Civ 816 (05 July 2013)

Global Torch Ltd v Apex Global Management Ltd & Ors [2013] EWCA Civ 819 (10 July 2013)

Monk v Cann Hall Primary School & Anor [2013] EWCA Civ 826 (10 July 2013)

Lancaster City Council v Thomas Newall Ltd [2013] EWCA Civ 802 (11 July 2013)

CN, R (on the application of) v London Borough of Lewisham [2013] EWCA Civ 804 (11 July 2013)

ZH, R (on the application of) v London Borough of Newham [2013] EWCA Civ 805 (11 July 2013)

Merthyr Tydfil Car Auction Ltd v Thomas & Anor [2013] EWCA Civ 815 (11 July 2013)

Paratus Amc Ltd v Fosuhene [2013] EWCA Civ 827 (11 July 2013)

Adesina & Ors, R (on the application of) v The Nursing and Midwifery Council [2013] EWCA Civ 818 (09 July 2013)

Source: www.bailii.org

Judge warns against ‘hopeless’ applications to halt deportations – The Guardian

Posted July 11th, 2013 in asylum, deportation, judges, law firms, news by sally

“A leading judge has warned solicitors against making ‘hopeless’ applications to halt the deportation of failed asylum seekers “desperate not to leave this country”.”

Full story

The Guardian, 11th July 2013

Source: www.guardian.co.uk

Ruling highlights need for clear policy on social media account ownership, says expert – OUT-LAW.com

“A ruling by the High Court has highlighted the need for businesses to operate a ‘clear policy’ on ownership of social media accounts used by staff for business purposes, an expert has said.”

Full story

OUT-LAW.com, 11th July 2013

Source: www.out-law.com

How to make human trafficking a priority for law enforcement agencies – The Guardian

Posted July 11th, 2013 in enforcement, news, police, trafficking in human beings by sally

“In the UK, knife crime and gang crime have been decreasing rapidly. The significant reductions have been achieved largely because of the way police and other investigative agencies manage their intelligence. They’ve prioritised a few key crimes and focused on preventing them.”

Full story

The Guardian, 11th July 2013

Source: www.guardian.co.uk

Anonymity: publication and open justice – Panopticon

“The tension between transparency and individual privacy is part of what makes information rights such a fascinating and important area. When it comes to high-public interest issues involving particular individuals, prevailing wisdom has tended to be something like this: say as much as possible on an open basis, but redact and anonymise so as to protect the identity of the individuals involved. Increasingly, however, transparency is outmuscling privacy. See for example my post about the Tribunal’s order of disclosure, in the FOIA context, of the details of the compensation package of a Chief Executive of an NHS Trust (the case of Dicker v IC (EA/2012/0250).”

Full story

Panopticon, 11th July 2013

Source: www.panopticonblog.com

Kieran Crump Raiswell random stab murder: Man convicted – BBC News

Posted July 11th, 2013 in diminished responsibility, homicide, mental health, murder, news by sally

“A man has been convicted of murdering a teenager in a random knife attack in a Manchester street.”

Full story

BBC News, 11th July 2013

Source: www.bbc.co.uk

Classifieds

Posted July 11th, 2013 in news by sally

Recently added:

Law Commissioner vacancy

Posted July 11th, 2013 in by sally

The Lord Chancellor is seeking a Law Commissioner to lead law reform projects, principally in the area of public and administrative law. The successful candidate will also contribute to the development of proposals by the other Law Commissioners and help to shape the future work and direction of the Commission. A significant part of this full-time role is to represent the Commission externally and influence at the highest level. Candidates must be a holder of judicial office, barrister, solicitor or teacher of law in a university. The appointment will be made by the Lord Chancellor and will commence on 1 October 2013.

Closing date is mid-day 5 August 2013. Interviews will be held early September. Full details of the post and a candidate information pack are available on the Public Appointments website.

Applications and enquiries should be made via PublicAppointmentsTeam@justice.gsi.gov.uk.

Stuart Hall sex attack sentence to be reviewed – BBC News

Posted July 11th, 2013 in news, recidivists, sentencing, sexual offences, victims by sally

“The sentence given to BBC broadcaster Stuart Hall for convictions for sexual abuse will be reviewed following complaints he ‘got off lightly’.”

Full story

BBC News, 11th July 2013

Source: www.bbc.co.uk

EVENT: UCL – The Achilleas: Forsaking Foreseeability

Posted July 11th, 2013 in Forthcoming events by sally

“In The Achilleas, the House of Lords gave the most recent interpretation of Hadley v. Baxendale and the limits on the recovery of consequential damages. Lord Hoffmann rejected the emphasis on foreseeability and “the requisite degree of probability of loss,” proposing instead on the tacit assumption of the parties. This paper provides a theoretical framework for ascertaining the tacit assumption and applies it to the particular facts of The Achilleas. ”

Date: Thursday 11th July 2013, 6.00-7.00pm

Location: UCL Law Faculty, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: Law Society – Family Law Section Annual Conference

Posted July 11th, 2013 in Forthcoming events by sally

“The Law Society’s Family Law Conference 2013 will discuss key questions arising from religious beliefs when parental relationships breakdown, the response of the civil family courts in recent cases, and whether the religious and civil courts can work more closely together to achieve better outcomes for families, with a focus on the Islamic and Jewish courts.

This event is aimed at the following:

– Private and public family law practitioners, particularly those working in multi-faith and multi-cultural communities.
– Anyone with an interest in how the family courts deal with contemporary questions arising from relationship breakdowns in a pluralist society.”

This event is CPD certified.

Date: Tuesday 29th October 2013

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website for details

More information can be found here.

EVENT: The Bar Council – Annual Bar Conference 2013

Posted July 11th, 2013 in Forthcoming events by sally

“The Annual Bar Conference 2013 provides an essential opportunity to learn and discuss key issues affecting careers, opportunities and life at the Bar.”

Date: Saturday 2nd November 2013

Location: Westminster Park Plaza

Charge: See website for fee categories

More information can be found here.

EVENT: JUSTICE – Human Rights Law Conference 2013

Posted July 11th, 2013 in Forthcoming events by sally

“The annual JUSTICE Human Rights Law Conference is the acknowledged forum for ensuring delegates are fully up to date with developments.

It covers the key areas of human rights law and provides an update on pertinent legislative and case-law developments across the field, including jurisprudence from domestic and European courts as relevant.

Major areas covered are:

The application of human right law from a judge’s perspective – keynote speech from Mrs Justice (Laura) Cox
A human rights review of the year – all major legislative and case-law developments from leading practitioner Helen Mountfield QC
Human rights, democracy and judicial independence – an analysis from Professor Robert Hazell of the UCL Constitution Unit, followed by wider discussion with panel of leading politicians.”

Date: 24th October 2013, 9.30am-5.00pm

Location: Bloomsbury Hotel, 16 Great Russell St, London WC1B 3NN

Charge: See website for details

More information can be found here.

EVENT: Westminster Legal Policy Forum – Legal Education and Training Review – next steps for regulation, skills and competitiveness

Posted July 11th, 2013 in Forthcoming events by sally

“This seminar will provide a timely opportunity to consider the future of legal education and training in England and Wales, and is scheduled as legal regulators and policymakers respond to the recently published Legal Education and Training Review (LETR) final report.”

This event is CPD certified.

Date: Tuesday, 8th October 2013

Location: Central London

Charge: £190 plus VAT

More information can be found here.

Teacher spared jail after admitting affair with schoolboy – Daily Telegraph

“A female teacher who had an affair with a teenage pupil has been spared jail after she claimed the affair was over – despite being spotted with him just two days ago.”

Full story

Daily Telegraph, 10th July 2013

Source: www.telegraph.co.uk

Irn-Bru ‘push-up bra’ ad cleared despite more than 170 complaints – The Guardian

Posted July 11th, 2013 in advertising, complaints, news by sally

“A TV ad for soft drink Irn-Bru featuring a mother showing off her ‘push-up’ bra to her son’s teenage friends has escaped a ban despite attracting more than 170 complaints.”

Full story

The Guardian, 10th July 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 11th, 2013 in legislation by sally

The Crime and Courts Act 2013 (Commencement No. 2 and Saving Provision) Order 2013

The Specified Products from China (Restriction on First Placing on the Market) (England) (Amendment) Regulations 2013

The Reservoirs Act 1975 (Capacity, Registration, Prescribed Forms, etc.) (England) Regulations 2013

The Reservoirs Act 1975 (Referees) (Appointment, Procedure and Costs) (England) Rules 2013

The Inspectors of Education, Children’s Services and Skills (No. 6) Order 2013

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2013

The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2013

The Child Support and Claims and Payments (Miscellaneous Amendments and Change to the Minimum Amount of Liability) Regulations 2013

The Specified Products from China (Restriction on First Placing on the Market) (England) (Amendment) Regulations 2013

The Bathing Water Regulations 2013

Source: www.legislation.gov.uk

Stalking advocacy group for victims launches – BBC News

Posted July 11th, 2013 in harassment, news, police, restraining orders, stalking, victims by sally

“An advocacy group for stalking victims in England and Wales – the first of its kind – is to be launched later.”

Full story

BBC News, 11th July 2013

Source: www.bbc.co.uk

Roundtable report – LegalVoice

Posted July 11th, 2013 in criminal justice, legal aid, news, parliament by sally

“A roundtable meeting took place yesterday at the House of Commons, speakers included Andy Slaughter MP, Sadiq Khan MP, Emily Thornberry MP, Lord Willy Bach and Jeremy Beecham. Gemma Blythe reports.”

Full story

LegalVoice, 10th July 2013

Source: www.legalvoice.org.uk

CoA rejects Saudi bid to have case held in camera – The Lawyer

Posted July 11th, 2013 in appeals, human rights, news, private hearings, royal family by sally

The Court of Appeal has refused to quash an order preventing two Saudi princes from having their case heard behind closed doors.

Full story

The Lawyer, 10th July 2013

Source: www.thelawyer.com