Seni Lewis death: IPCC taken to court over report – BBC News

“The family of a man who died days after being restrained by police have asked judges to review the police watchdog’s report on his death.”

Full story

BBC News, 19th July 2013


Enigma codebreaker Alan Turing to receive posthumous pardon for homosexuality conviction – The Independent

Posted July 22nd, 2013 in bills, homosexuality, news, pardons, parliament, retrospectivity, sexual offences by sally

“The Government says it will not oppose a parliamentary bill that would quash the 1952 ‘gross indecency’ conviction.”

Full story

The Independent, 20th July 2013


Council wins right to sell family assets to pay care bill – Daily Telegraph

Posted July 22nd, 2013 in carers, costs, Court of Protection, elderly, guardianship, mental health, news by sally

“A local authority has won the right to sell off family heirlooms, including a £30,000 Lucien Pissarro painting, to pay for an elderly man’s care bills.”

Full story

Daily Telegraph, 19th July 2013


Michael Adebolajo injuries: prison officers deny wrongdoing – The Guardian

Posted July 22nd, 2013 in armed forces, murder, news, prison officers, prisons, restraint by sally

“Prison officers have denied any wrongdoing after Woolwich murder suspect Michael Adebolajo lost two teeth when he was restrained in jail, a trade union said on Friday.”

Full story

The Guardian, 19th July 2013


Allotment-holders take legal action against Eric Pickles – The Independent

Posted July 22nd, 2013 in judicial review, local government, news, sale of land by sally

“Allotment-holders are taking legal action against Eric Pickles, the Communities and Local Government Secretary, over his decision to approve the development of a site in Watford used by local families for more than 100 years.”

Full story

The Independent, 21st July 2013


Pryce prison picture not an invasion of privacy, decides PCC – The Guardian

Posted July 22nd, 2013 in complaints, harassment, media, news, photography, prisons, privacy by sally

“The Press Complaints Commission has rejected a complaint that the Daily Telegraph intruded on the privacy of Vicky Pryce by publishing a picture of her in prison. It further rejected a complaint that the publication amounted to harassment.”

Full story

The Guardian, 19th July 2013


Privacy actions up 22% as public fights storage of personal information on ‘big brother’ databases – The Independent

“A sharp rise in the number of privacy hearings in British courts has been fuelled by requests for ‘irrelevant’ personal information to be removed from police and other state databases, figures show.”

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The Independent, 22nd July 2013


Organist’s killer jailed for at least 25 years – The Guardian

Posted July 22nd, 2013 in homicide, murder, news, sentencing by sally

“A man who battered a church organist to death as he walked to midnight mass has been jailed for a minimum of 25 years by a judge who told him: ‘Why you wished to inflict violence on another human being on Christmas Eve is known only to you.'”

Full story

The Guardian, 19th July 2013


Special court orders cast doubt on Kevin Lane murder conviction – The Guardian

Posted July 22nd, 2013 in corruption, disclosure, documents, murder, news, police, public interest immunity by sally

“Doubts have emerged about the conviction of a contract killer following a trial in which special court orders were used to keep sensitive information out of the public domain.”

Full story

The Guardian, 21st July 2013


International Human Rights Breaches – State Accountability v State Immunity – UCL / Bindman Debate

Posted July 19th, 2013 in human rights, international law, news, state immunity by sally

“Panel includes:
Prof. Eileen Denza CMG;
Omar Deghayes, Cageprisoners, former Guantanamo prisoner;
Ben Emmerson QC, Matrix Chambers; and
Julian Knowles QC, Matrix Chambers

Professor Geraldine Van Bueren QC, Queen Mary’s College, London”

Video now available

UCL / Bindman Debate, 19th June 2013


Command Papers –

Posted July 19th, 2013 in parliamentary papers by sally

Action for Roads: A network for the 21st century, Cm 8679 (PDF)

Government Response to the House of Commons Communities and Local Government Committee Eighth Report of Session 2012–13: The Role of Local Authorities in Health Issues, Cm 8638 (PDF)

Post Legislative Assessment of the Crossrail Act 2008, Cm 8676 (PDF)

Government Response to the Intelligence and Security Committee’s Report of Session 2013-14: Foreign involvement in the Critical National Infrastructure, Cm 8662 (PDF)


Recent Statutory Instruments –

Posted July 19th, 2013 in legislation by sally

The Authorised Investment Funds (Tax) (Amendment) Regulations 2013

The Offshore Funds (Tax) (Amendment No. 3) Regulations 2013

Marriage (Same Sex Couples) Act 2013

The Independent Police Complaints Commission (Forces Maintained Otherwise than by Local Policing Bodies) Order 2013

The Police (Complaints and Misconduct)(Old Cases) Regulations 2013

The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) Regulations 2013

The Local Justice Areas Order 2013

The Finance Act 2013, Schedule 23 (Employee Shareholder Shares) (Appointed Day) Order 2013

The Traffic Management (Derby City Council) Permit Scheme Order 2013

The Offshore Installations (Safety Zones) Order 2013

The Asian Development Bank (Tenth Replenishment of the Asian Development Fund) Order 2013

The Education (School Performance Information) (England) (Amendment) Regulations 2013

The Proscribed Organisations (Name Changes) Order 2013

The Alternative Investment Fund Managers (Amendment) Regulations 2013

The Copyright and Duration of Rights in Performances Regulations 2013

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2013

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.2) Regulations 2013

The Fish Labelling Regulations 2013

Supply and Appropriation (Main Estimates) Act 2013


Hawes v Burgess, an end to the Golden Rule?’ – New Square Chambers

Posted July 19th, 2013 in mental health, news, wills by sally

“The principles of testamentary capacity are well settled: a testator must understand the nature of the act of making a will, the extent of the property of which he is disposing, and the persons who may have a claim upon that property: Banks v Goodfellow (1870) LR 5 QB 549. Further, the proposed dispositions must not be poisoned or influenced by any disorder of the mind.”

Full story (PDF) (see p. 3)

New Square Chambers, June 2013


Benedetti v Sawiris and others – WLR Daily

Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286

“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”

WLR Daily, 17th July 2013


BAILII: Recent Decisions

Posted July 19th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Yarow, R. v [2013] EWCA Crim 1175 (18 June 2013)

Court of Appeal (Civil Division)

Evans & Anor v Finance-U-Ltd [2013] EWCA Civ 869 (18 July 2013)

SS (Malaysia) v Secretary of State for the Home Department [2013] EWCA Civ 888 (18 July 2013)

West Midlands Travel Ltd v Aviva Insurance UK Ltd [2013] EWCA Civ 887 (18 July 2013)

DL v EL (Rev 1) [2013] EWCA Civ 865 (16 July 2013)

High Court (Queen’s Bench Division)

Tchenguiz & Anor v Rawlinson And Hunter Trustees SA & Ors [2013] EWHC 2128 (QB) (18 July 2013)

High Court (Chancery Division)

BDW Trading Ltd & Anor v South Anglia Housing Ltd [2013] EWHC B10 (Ch) (17 July 2013)

Wholecrop Marketing Ltd v Wolds Produce Ltd [2013] EWHC 2079 (Ch) (16 July 2013)

High Court (Administrative Court)

Johnson & Anor v Nursing and Midwifery Council [2013] EWHC 2140 (Admin) (18 July 2013)

West v Taylor-Duncan [2013] EWHC 2163 (QB) (Admin) (18 July 2013)

Y, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2127 (Admin) (18 July 2013)

High Court (Family Division)

MI (A Child), Re [2013] EWHC 1073 (Fam) (29 April 2013)

J & MM (Children), Re [2013] EWHC 1820 (Fam) (26 June 2013)

A (A Child), Re (Vulnerable Witness : Fact Finding) [2013] EWHC 2124 (Fam) (15 July 2013)

RCW v A Local Authority (No.2): Re SB [2013] EWHC 2129 (Fam) (16 July 2013)

High Court (Commercial Court)

Intesa Sanpaolo SPA v Regione Piemonte [2013] EWHC 1994 (Comm) (16 July 2013)

High Court (Patents Court)

HTC Corporation v Gemalto SA [2013] EWHC 1876 (Pat) (10 July 2013)


Updated Bar Council Taxation and Retirement Benefits Guidance – The Bar Council

Posted July 19th, 2013 in barristers, news, retirement, self-employment, taxation by sally

“The Bar Council has launched updated taxation guidance for barristers to help them manage their tax position. This coincides with changes to the tax system introduced by the Finance Act 2013, which received Royal Assent on 18 July 2013.”

Full story

The Bar Council, 18th July 2013


A heresy extinguished: Hastings-Bass reformed – New Square Chambers

Posted July 19th, 2013 in appeals, news, professional conduct, Supreme Court, trusts by sally

“A heresy usually derives from the earnest application of principle without the benefit of perspective. Addressing the rule in Hastings Bass, and its heretical application over many years by the High Court, the Supreme Court in Pitt v Holt and Futter v Futter [2013] uKSC 26 has greatly narrowed its use and effect.”

Full story (PDF)

New Square Chambers, June 2013


Important judgment on freezing orders & ex parte orders commented on by David Partington – Sovereign Chambers

Posted July 19th, 2013 in divorce, freezing injunctions, news by sally

“Freezing orders, without notice applications and evidence obtained in breach of confidence – a salutary reminder.”

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Sovereign Chambers, 25th June 2013


Giving tenants a break – Hardwicke Chambers

Posted July 19th, 2013 in landlord & tenant, leases, news, rent by sally

“A recent case in the Chancery Division is the latest in a series concerning payment of rent as a condition of exercising a break clause: Marks & Spencer Plc v BNP Paribas Securities Services Trust Co (Jersey) Ltd [2013] EWHC 1279; [2013] 22 EG 92. In this series of cases, tenants have sought to overcome the apparent unfairness of paying quarterly rent due in advance as a condition of exercising a break clause part way through a quarter, leading to an overpayment of rent when compared pro rata to the period of actual occupancy.”

Full story

Hardwicke Chambers, 15th July 2013


New Era or Plus Ça Change – Littleton Chambers

Posted July 19th, 2013 in consultations, news, regulations, tribunals by sally

“Following the long process of consideration and consultation, the new tribunal rules take effect from 29th July 2013. David Reade QC examines the new Tribunal and Fees regime in a paper entitled ‘NEW ERA OR PLUS ÇA CHANGE’ that he delivered at the ELA this month.”

Full story (PDF)

Littleton Chambers, 15th July 2013