Important changes to Public Access training – Bar Standards Board

Posted September 3rd, 2013 in barristers, continuing professional development, legal education, news by sally

“New training requirements for Public Access barristers will come into force later this year.”

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Bar Standards Board, 2nd September 2013

Source: www.barstandardsboard.org.uk

EVENT: Inner Temple Lecture Series – Master Mahoney -The Relationship between the Strasboug Court and the National Courts.

Posted September 3rd, 2013 in Forthcoming events by sally

“Judge at the European Court of Human Rights and Master of the Bench at Inner Temple, Judge Paul Mahoney will be presenting the fourth of five lectures as part of the Inner Temple’s Lecture Series on Human Rights and our Relationship with the Strasbourg Court.

Having held numerous positions within the Strasbourg Court, including (but not exclusive to) Principle Administrator, Registrar, and the UK’s Judge at the European Court of Human Rights, Master Mahoney will be considering the relationship between the Strasbourg and National Courts.”

Date: Monday 7th October 2013, 6.30pm

Location: The Honourable Society of the Inner Temple.

Charge: Varied – please visit the Inner Temple Website for further information and details of how to book. Booking available from August 2013.

More information can be found here.

EVENT: Inner Temple Lecture Series – Master Reed – The Common Law and the ECHR

Posted September 3rd, 2013 in Forthcoming events by sally

“Justice of the Supreme Court and Master of the Bench at Inner Temple, The Rt Hon Lord Robert Reed, will be presenting the final lecture of the Inner Temple’s 2013 Lecture Series on Human Rights and our Relationship with the Strasbourg Court.

Having sat as a principle judge in the Commercial Court, at the Inner House of the Court of Session, on occasion as the UK’s Judge at the European Court of Human Rights, and hailed as the authority on human rights law in Scotland, Master Reed will be considering Common Law and the Strasbourg Court.”

Date: Monday 11th October 2013, 6.30pm

Location: The Honourable Society of the Inner Temple.

Charge: Varied – please visit the Inner Temple Website for further information and details of how to book. Booking available from August 2013.

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted September 3rd, 2013 in legislation by sally

The Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2013

The Growth and Infrastructure Act 2013 (Commencement No. 4) Order 2013

The Firefighters’ Pension Scheme (Amendment) (No. 3) (England) Order 2013

The Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 3rd, 2013 in law reports by sally

High Court (Queen’s Bench Division)

Carr v Penman [2013] EWHC 2679 (QB) (02 September 2013)

High Court (Chancery Division)

Eclairs Group Ltd & Anor v JKX Oil & Gas Plc & Ors [2013] EWHC 2631 (Ch) (30 August 2013)

High Court (Administrative Court)

United States of America (USA) v Shlesinger [2013] EWHC 2671 (Admin) (02 September 2013)

Source: www.bailii.org

Commercial Court waiting times increase – Litigation Futures

Posted September 3rd, 2013 in Commercial Court, courts, delay, news, reports by sally

“There are lengthening delays in the Commercial Court, with the Lord Chief Justice speaking of the ‘powerful’ pressures on the civil justice system.”

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Litigation Futures, 3rd September 2013

Source: www.litigationfutures.com

Soca wields new powers to freeze global assets of super-rich foreigners – The Independent

“The embattled Serious Organised Crime Agency heads into fresh controversy on Tuesday as it emerges it has won sweeping new powers allowing it to freeze assets of super-rich foreigners suspected of fraud.”

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The Independent,

Source: www.independent.co.uk

Mother jailed after knocking down cyclist as she fiddled with sat nav – Daily Telegraph

Posted September 3rd, 2013 in bicycles, dangerous driving, homicide, news, sentencing by sally

“A mother-of-two who knocked down and killed a cyclist because she was distracted by her sat nav has been jailed.”

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Daily Telegraph, 3rd September 2013

Source: www.telegraph.co.uk

Unpaid intern who sued Sony awarded £4,600

Posted September 3rd, 2013 in employment, minimum wage, news, volunteers by sally

“An intern at Sony has reached a £4,600 settlement with the company after suing for unpaid wages.”

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The Independent, 2nd September 2013

Source: www.independent.co.uk

Beghal v Director of Public Prosecutions – WLR Daily

Beghal v Director of Public Prosecutions [2013] EWHC 2573 (Admin); [2013] WLR (D) 341

“The provisions in Schedule 7 to the Terrorism Act 2000 conferring powers to stop, question, and detain a person at a port or border for up to nine hours for the purpose of determining whether he appeared to be a person concerned in the commission, preparation or instigation of acts of terrorism were not incompatible with article 5, 6 or 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms; or with the right to freedom of movement under articles 20 and 21 of the Treaty on the Functioning of the European Union.”

WLR Daily, 28th August 2013

Source: www.iclr.co.uk

Regina (Cherkley Campaign Ltd) v Mole Valley District Council – WLR Daily

Regina (Cherkley Campaign Ltd) v Mole Valley District Council [2013] EWHC 2582 (Admin); [2013] WLR (D) 340

“A direction given by the Secretary of State pursuant to paragraph 1(3) of Schedule 8 to the Planning and Compulsory Purchase Act 2004 saving specified policies had the effect of also preserving supporting text including the reasoned justification for each policy and descriptive or explanatory material.”

WLR Daily, 22nd August 2013

Source: www.iclr.co.uk

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted September 2nd, 2013 in administrators, breach of trust, contracts, insolvency, law reports by sally

In re MF Global UK Ltd (No 4) (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 2556 (Ch); [2013] WLR (D) 339

“For the purposes of the client money rules and the client money distribution rules contained in the Client Assets Sourcebook, CASS 7 and 7A a client’s contractual claim and the amount for which it might prove in respect of such claim fell to be reduced by the amount of any actual or anticipated distribution from the client money pool. The client could not prove for both a claim resulting from a shortfall in the client money trust and the balance of its contractual claim where the shortfall claim did not exceed the contractual claim. However, the rule against double proof did not prevent a claim by a client in respect of a shortfall in payment of its client money entitlement to the extent that it exceeded its contractual claim or in a case where the client had no contractual claim.”

WLR Daily, 16th August 2013

Source: www.iclr.co.uk

Regina (Ignaoua) v Secretary of State for the Home Department – WLR Daily

Posted September 2nd, 2013 in appeals, immigration, judicial review, law reports, public interest, terrorism by sally

Regina (Ignaoua) v Secretary of State for the Home Department [2013] EWHC 2512 (Admin); [2013] WLR (D) 338

“The Secretary of State was entitled to use the new certification provisions in sections 2C of the Special Immigration Appeals Commission Act 1997, as inserted by section 15 of the Justice and Security Act 2013, to terminate existing judicial review proceedings in which she was herself a party.”

WLR Daily, 9th August 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 2nd, 2013 in legislation by sally

The Town and Country Planning (Isles of Scilly) Order 2013

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

ICO warns councils over home working by social services employees – Local Government Lawyer

“A city council has been fined £100,000 by the Information Commissioner’s Office after information on social services involvement with a number of individuals was published online.”

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Local Government Lawyer, 30th August 2013

Source: www.localgovernmentlawyer.co.uk

Expert Evidence – Another Chapter in a Continuing Story – Family Law Week

Posted September 2nd, 2013 in expert witnesses, family courts, legal history, news by sally

“David Bedingfield, barrister at 4 Paper Buildings, sets the latest reforms relating to expert evidence in their historical context and considers the dilemmas which expert evidence has long presented to the courts.”

Full story

Family Law Week, 29th August 2013

Source: www.familylawweek.co.uk

Interest-only mortgage providers must treat struggling borrowers fairly, warns regulator – OUT-LAW.com

Posted September 2nd, 2013 in codes of practice, consumer protection, interest, mortgages, news by sally

“Mortgage providers must be able to demonstrate that they have treated customers fairly in cases where those individuals are unable to repay the capital sum owed at the end of the term on an interest-only mortgage, the Financial Conduct Authority (FCA) has said.”

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OUT-LAW.com, 30th August 2013

Source: www.out-law.com

More than 300 foreign criminals use ‘right to family life’ to escape deportation – Daily Telegraph

Posted September 2nd, 2013 in deportation, families, human rights, immigration, news, statistics by sally

“More than 300 foreign criminals escaped deportation last year after they argued it would breach their human rights.”

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Daily Telegraph, 2nd September 2013

Source: www.telegraph.co.uk

CoA to hear ‘plebgate’ costs challenge after High Court cuts libel budget – The Lawyer

Posted September 2nd, 2013 in appeals, costs, defamation, media, news, police, solicitors by sally

“The Court of Appeal will decide whether Andrew Mitchell MP can reverse a High Court decision that the cost of his libel action against The Sun should be restricted to the cost of the court fees for the claim.”

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The Lawyer, 30th August 2013

Source: www.thelawyer.com

Liquidators are not data controllers under the Data Protection Act 1998 – Technology Law Update

Posted September 2nd, 2013 in bankruptcy, data protection, liquidators, loans, mortgages, news by sally

“The High Court has found that liquidators under a voluntary liquidation are not data controllers for the purposes of the Data Protection Act 1998 (“DPA” or “Act”) and so are not personally responsible for compliance with the Act.”

Full story

Technology Law Update, 2nd September 2013

Source: www.technology-law-blog.co.uk