BAILII: Recent Decisions

Posted September 27th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

C (Children), Re [2013] EWCA Civ 1158 (26 September 2013)

High Court (Administrative Court)

Fordent Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2844 (Admin) (26 September 2013)

D B Schenker Rail (UK) Ltd & Anor v Leeds City Council [2013] EWHC 2865 (Admin) (24 September 2013)

R, R (on the application of) v A Chief Constable [2013] EWHC 2864 (Admin) (24 September 2013)

High Court (Chancery Division)

Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWHC 2880 (Ch) (26 September 2013)

High Court (Family Division)

G (A Child: Intractable Contact) [2013] EWHC B16 (Fam) (25 September 2013)

High Court (Patents Court) Decisions

Corma Inc & Ors v Hegler Plastik GmbH & Anor [2013] EWHC 2820 (Pat) (18 September 2013)

Source: www.bailii.org

 

 

Time to Call a Halt – New Court of Appeal Guidance in Adoption Cases: Re B-S [2013] EWCA Civ 813 – Family Law Week

Posted September 27th, 2013 in adoption, appeals, family courts, news, parental rights by tracey

“Alex Verdan QC of 4 Paper Buildings and Nicola Harries of Baxter Harries Solicitors draw lessons from new guidance in adoption cases, set out by the Court of Appeal in Re B-S in which they acted for the respondent.”

Full story

Family Law week, 26th September 2013

Source: www.familylawweek.co.uk

Bedroom tax defeat for Westminster council in landmark case – The Guardian

Posted September 27th, 2013 in benefits, disabled persons, housing, local government, news, social security by tracey

“A housing association tenant in central London has won an appeal against the imposition of the bedroom tax by Conservative-run Westminster city council, in what is thought to be the first such victory in England.”

Full story

The Guardian, 26th September 2013

Source: www.guardian.co.uk

Extradited rapist Salvador Orozco jailed for 1990 attack – BBC News

Posted September 27th, 2013 in extradition, news, rape, sentencing by tracey

“A rapist caught after his victim was inspired by an EastEnders storyline has been jailed 23 years after the attack.”

Full story

BBC News, 26th September 2013

Source: www.bbc.co.uk

Government to amend lobbying regulation plans – BBC News

Posted September 27th, 2013 in bills, charities, elections, freedom of expression, lobbying, news by tracey

“The government has proposed a series of amendments to its lobbying bill, after charities and voluntary groups raised concerns they could be gagged.”

Full story

BBC News, 26th September 2013

Source: www.bbc.co.uk

Serco referred to Serious Fraud Office over electronic tag overcharging scandal – Daily Telegraph

Posted September 27th, 2013 in electronic monitoring, news, Serious Fraud Office by tracey

“The Serious Fraud Office has been handed a dossier on private security firm Serco following allegations the taxpayer has been overcharged by millions of pounds for electronic tags.”

Full story

Daily Telegraph, 26th September 2013

Source: www.telegraph.co.uk

HIV positive Simon Morris Jones abused three boys – BBC News

Posted September 27th, 2013 in child abuse, HIV, news, rape, sentencing, sexual offences by tracey

“A man who sexually abused three boys when he knew he was HIV positive, has been jailed for 10 years at Caernarfon Crown Court.”

Full story

BBC News, 26th September 2013

Source: www.bbc.co.uk

General Medical Council too late with child sex abuse complaint, rules High Court – UK Human Rights Blog

Posted September 27th, 2013 in complaints, delay, disciplinary procedures, doctors, human rights, news, sexual offences by tracey

“The High Court has strongly affirmed the prohibition against the pursuit of long delayed complaints against doctors in regulatory proceedings. The prohibition arose from the General Medical Council’s own procedural rules. It applied even where the allegations were of the most serious kind, including sexual misconduct, and could only be waived in exceptional circumstances and where the public interest demanded. The burden was upon the GMC to establish a sufficiently compelling public interest where allegations had already been thoroughly investigated by the competent authorities such as the police and social services.”

Full story

UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Family cut me out of £500,000 fortune, says illegitimate daughter – Daily Telegraph

Posted September 27th, 2013 in families, forgery, fraud, news, undue influence, wills by tracey

“A woman who accused her late father’s ‘traditionalist’ family of conspiring to cut her out of a £500,000 inheritance because she was born out of wedlock has failed in her legal challenge.”

Full story

Daily Telegraph, 27th September 2013

Source: www.telegraph.co.uk

Councils using CCTV to fine motorists for parking to be made illegal – The Independent

Posted September 27th, 2013 in closed circuit television, evidence, fines, local government, news, parking by tracey

“Councils in England could be banned from using CCTV cameras and ‘spy cars’ to hand motorists parking fines under new government proposals.”

Full story

The Independent, 27th September 2013

Source: www.independent.co.uk

Denial of contact with father too “draconian” – Court of Appeal – UK Human Rights Blog

“The Court of Appeal has taken the unusual step of reversing a denial of contact order, by reviewing the question of the proportionality of the order in relation to the children’s right to family life under Article 8.”

Full story

UK Human Rights Blog, 26th September 2013

Source: www.ukhumanrightsblog.com

Lord Justice Leveson promoted to third top judge – BBC News

Posted September 26th, 2013 in judges, news by sally

“Lord Justice Leveson, the man behind the report into the future of press regulation, has been made the third most senior judge in England and Wales.”

Full story

BBC News, 26th September 2013

Source: www.bbc.co.uk

Less money, less justice? – LegalVoice

Posted September 26th, 2013 in criminal justice, law firms, legal aid, legal profession, news, remuneration by sally

“Blaming over-zealous police or irresponsible prosecutors for miscarriages of justice makes for a simple and straightforward narrative, writes Daniel Newman. As with most things, though, the reality is more complicated, and defence lawyers may also have a role to play. This being the case, the neat binary opposition we so rely on in criminal justice is somewhat obscured.”

Full story

LegalVoice, 26th September 2013

Source: www.legalvoice.org.uk

Rachel Manning: Barri White and Keith Hyatt compensation ‘approved’ – BBC News

“One of the two men wrongly convicted over the murder of Rachel Manning said their compensation bid had been “signed off” by the Ministry of Justice (MoJ).”

Full story

BBC News, 26th September 2013

Source: www.bbc.co.uk

Football fan faces jail for punching horse – Daily Telegraph

Posted September 26th, 2013 in animal cruelty, news, violent disorder by sally

“A football fan has been told he faces jail for punching a police horse when his team lost to their arch-rivals.”

Full story

Daily Telegraph, 26th September 2013

Source: www.telegraph.co.uk

Tenancy Opportunities

Posted September 26th, 2013 in by sally

11 Gray’s Inn Square Chambers invites applications for tenancy from criminal law and general civil law practitioners at all levels of PQE.

The Criminal team undertakes both defence and prosecution work.

The Civil teams undertake work at all levels. Chambers is looking to expand its Employment and Immigration teams.

Application is by way of Chambers application form. For further information about 11 Gray’s Inn Square Chambers, or to request an application form, please contact the clerk to Chambers, Lloyd Addison, on 0207 405 6879 or by email at clerks@11graysinnsquare.com

The deadline for application is 25th October 2013.

ALL ENQUIRIES SHALL BE DEALT WITH IN THE STRICTEST CONFIDENCE

Chambers is committed to equality of opportunity. It is Chambers policy to treat everyone equally and fairly regardless of background, race, colour, ethnicity, national origin, nationality, citizenship, sex, gender, gender reassignment, sexual orientation, marital or civil partnership status, disability, age, religion, belief or pregnancy and maternity status.

Chambers is committed to making reasonable adjustments in order to remove or reduce substantial disadvantage for disabled people working with Chambers or receiving legal services in Chambers.

Please note we do not have vacancies for squatters.

Pupillage

Posted September 26th, 2013 in by sally

5 Essex Court is a specialist civil chambers and is acknowledged to be one of the leading sets practising in the field of police law. Members of chambers appear in the majority of significant cases and public inquiries and inquests concerning police forces.

In addition to police law, we have highly successful teams in public law, employment, personal injury and licensing. A high proportion of members of chambers are Treasury Counsel across all three panels.
We look to recruit high calibre pupils who will enhance our expertise and strengthen our reputation as a first-class set.

We offer a well-established pupillage programme and have an excellent retention rate of our pupils as tenants. We look for bright, articulate, highly motivated, ambitious applicants with an interest in our core practice areas and who seek a rewarding career at the Bar. No prior experience of police law is necessary.

Chambers offers up to two 12-month funded pupillages with a view to a tenancy.
5 Essex Court is a member of the Pupillage Portal / Pupillage Gateway.

Use of anti-littering powers to tackle spitting survives magistrates test – Local Government Lawyer

Posted September 26th, 2013 in costs, fines, litter, local government, news by sally

“Magistrates last week upheld a London borough’s bid to tackle spitting in the street through powers normally used to enforce against litter.”

Full story

Local Government Lawyer, 25th September 2013

Source: www.localgovernmentlawyer.co.uk

Taking the Government to Court – BBC Unreliable Evidence

Posted September 26th, 2013 in judicial review, news by sally

“Is our legal right to challenge the power of government under threat? Clive Anderson and guests discuss concerns that Government proposals to limit the use of judicial review could result in unlawful decisions by government and other public bodies going unchecked.”

Listen

BBC Unreliable Evidence, 25th September 2013

Source: www.bbc.co.uk

Tooks Chambers to resurrect as low-cost Mansfield Chambers – Law Society’s Gazette

Posted September 26th, 2013 in barristers, legal aid, news by sally

“Fifteen members of leading civil liberties set Tooks Court are to form a new low-cost chambers that could be open within the next fortnight, the Gazette can exclusively reveal.”

Full story

Law Society’s Gazette, 23rd September 2013

Source: www.lawgazette.co.uk