Month: September 2013

Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog

Posted September 25th, 2013 in appeals, environmental protection, judicial review, local government, news, planning, public interest, sport by sally

“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”

Full story

UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Experts acclimatise to tougher post-Jackson life – Litigation Futures

Posted September 25th, 2013 in appeals, evidence, expert witnesses, fees, news, proportionality by sally

“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”

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Litigation Futures, 25th September 2013

Source: www.litigationfutures.com

Niqab court ruling: a classic exercise in reasonableness – Halsbury’s Law Exchange

Posted September 25th, 2013 in court dress, evidence, freedom of expression, human rights, Islam, juries, news, practice directions, religious discrimination, rule of law, women by sally

“In 1894 Edward Marshall Hall KC defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client whose body she hid in a trunk. The jury acquitted of murder and convicted of manslaughter after what has become his most famous jury speech ending with, ‘Look at her, gentlemen of the jury, look at her. God never gave her a chance, won’t you?’ The personalities may have changed and the language less flowery but the basic principle of a jury trial is the same – we judge our peers on the evidence and that is the evidence presented in court. This includes our assessment of other human beings, not just what they say but how they say it.”

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Halsbury’s Law Exchange, 25th September 2013

Source: www.halsburyslawexchange.co.uk

Changing rooms – NearlyLegal

Posted September 25th, 2013 in benefits, carers, disabled persons, housing, landlord & tenant, local government, news, tribunals by sally

“The bedroom tax First Tier Tribunal decisions are coming in now. And they are intriguing. In some ways, not a surprise, in others somewhat opaque. As well as the first Fife decision, there are another four Fife decisions that I’ve now seen, and a rather frustrating one from Westminster.”

Full story

NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk

No breach of privacy to request DNA sample from ex con – UK Human Rights Blog

Posted September 25th, 2013 in DNA, homicide, human rights, investigatory powers, news, police, privacy, proportionality, public interest, sexual offences by sally

“The High Court has ruled that it is not a breach of the right to private life to request DNA samples from those who were convicted of serious offences before it became commonplace to take samples for the production of DNA profiles for the investigation of crime.”

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UK Human Rights Blog, 24th September 2013

Source: www.ukhumanrightsblog.com

Schoolboy rapist walks free despite failure to show remorse – Daily Telegraph

Posted September 25th, 2013 in child abuse, compensation, news, rape, sentencing, sexual offences, young offenders by sally

“A schoolboy who twice raped a six-year-old girl has walked free from court after being told to pay his victim £300, despite saying he felt no remorse for his actions.”

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Daily Telegraph, 24th September 2013

Source: www.telegraph.co.uk

Manchester loan sharks jailed after preying on young mothers – BBC News

Posted September 25th, 2013 in debts, interest, intimidation, loans, money laundering, news by sally

“Three Manchester loan sharks who charged vulnerable people 100% interest and menaced them by mobile phone have been jailed.”

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BBC News, 24th September 2013

Source: www.bbc.co.uk

Ex-prisoner fails to halt police DNA-collection programme – The Guardian

Posted September 25th, 2013 in DNA, homicide, human rights, investigatory powers, news, police, privacy, proportionality, public interest, sexual offences by sally

“A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.”

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The Guardian, 24th September 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 24th, 2013 in legislation by sally

The Social Security, Child Support, Vaccine Damage and Other Payments (Decisions and Appeals) (Amendment) Regulations 2013

The Extradition Appeals (England and Wales and Northern Ireland) Order 2013

The Extradition Act 2003 (Designation of Prosecutors) (England and Wales and Northern Ireland) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Vehicle Control Services Ltd v HM Revenue & Customs [2013] EWCA Civ 186 (13 March 2013)

M (Children) [2013] EWCA Civ 1147 (20 September 2013)

High Court (Queen’s Bench Division)

Streeter v Hughes & Anor [2013] EWHC 2841 (QB) (20 September 2013)

High Court (Chancery Division)

Brand & Anor v Philip Lund (Consultants) Ltd [1989] EWHC 2 (Ch) (18 July 1989)

Honda Motor Europe Ltd, Re [2013] EWHC 2842 (Ch) (20 September 2013)

High Court (Family Division)

Joyce v Joyce [2013] EWHC 1353 (Fam) (16 May 2013)

High Court (Administrative Court)

Uddin, R (on the application of) v Crown Court At Leeds [2013] EWHC 2752 (Admin) (11 July 2013)

High Court (Commercial Court)

Goldman Sachs International v Videocon Global Ltd & Anor [2013] EWHC 2843 (Comm) (20 September 2013)

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain [2013] EWHC 2840 (Comm) (20 September 2013)

Deutsche Bank AG & Ors v Unitech Global Ltd & Anor [2013] EWHC 2793 (Comm) (20 September 2013)

Source: www.bailii.org

Army could have done more to stop soldier dying from heat, says coroner – The Guardian

Posted September 24th, 2013 in armed forces, health, health & safety, inquests, Iraq, news by sally

“Army chiefs could have done more to make sure soldiers were protected against the effects of soaring temperatures, a coroner has concluded after hearing the case of a reservist who died after suffering heat stroke in Iraq.”

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The Guardian, 23rd September 2013

Source: www.guardian.co.uk

Legal Ombudsman to work on allowing complaints from non-clients – Legal Futures

Posted September 24th, 2013 in complaints, legal ombudsman, news, third parties by sally

“The Legal Ombudsman (LeO) is to begin work on what types of complaints it should accept from non-clients amid reports of lawyers harassing third parties over alleged debts, violating their privacy and doling out abusive treatment in court.”

Full story

Legal Futures, 24th September 2013

Source: www.legalfutures.co.uk

It cost you how much? – NearlyLegal

Posted September 24th, 2013 in costs, fees, housing, news, tribunals, valuation by sally

“Law can be expensive.

This is particularly so in relation to the process of law, i.e. the costs of going to the law. By this I mean things such as the court or tribunal fees, but particularly the costs of the lawyers. If you lose in civil litigation, the normal rule is that you’ve got to pay not just for your own lawyers, but for the other side’s too. Due to the way that costs are assessed and recovered, even the winner often has to foot the bill for some their own lawyers’ fees. It is fair to say that the general public doesn’t think too highly of the fees charged by lawyers. Now, a lot of the criticism is unfair (‘If you think a professional is expensive, wait ’til you try an amateur’) and based on misinformation and misunderstanding. Nonetheless, there is force in some of the criticism.”

Full story

NearlyLegal, 24th September 2013

Source: www.nearlylegal.co.uk

Barristers quit BSB prosecutors panel in QASA protest – Legal Futures

Posted September 24th, 2013 in barristers, costs, news, quality assurance by sally

“A number of barristers have resigned from the Bar Standards Board’s prosecutor panel in protest at the imminent launch of the Quality Assurance Scheme for Advocates (QASA).”

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Legal Futures, 24th September 2013

Source: www.legalfutures.co.uk

Transforming legal aid – why do the survey? – Legal Aid Handbook

Posted September 24th, 2013 in criminal justice, law firms, legal aid, news by sally

“Vicky Ling and Andrew Otterburn have been commissioned by the Law Society and MoJ to carry out a survey of firms to try to assess the impact that the government’s revised proposals will have on criminal defences practices.”

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Legal Aid Handbook, 23rd September 2013

Source: www.legalaidhandbook.com

Legal aid residence test ‘will just shift cost to council taxpayers’ – The Guardian

Posted September 24th, 2013 in children, homelessness, legal aid, local government, news, reports by sally

“Introducing a proposed residence test for legal aid will lead to local authorities paying tens of millions of pounds to support children in care and prevent increased homelessness, campaigners have warned the Ministry of Justice.”

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The Guardian, 23rd September 2013

Source: www.guardian.co.uk

Karl Clay – Coventry sex offender who doused victims in petrol – sentenced to life in prison – The Independent

Posted September 24th, 2013 in attempted murder, attempts, news, rape, sentencing, sexual offences, violent offenders by sally

“A violent offender who doused his victims in petrol has been sentenced to life in prison for a string of violent and sexual assaults.”

Full story

The Independent, 23rd September 2013

Source: www.independent.co.uk

GMC probe into Mid-Staffs slammed as “whitewash” as cases abandoned – Daily Telegraph

Posted September 24th, 2013 in disciplinary procedures, doctors, health, hospitals, inquiries, news, nurses, professional conduct by sally

“The investigation into the Mid-Staffs scandal was branded a ‘whitewash’ after regulators abandoned efforts to pursue the last of 44 doctors accused of failing patients.”

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Daily Telegraph, 23rd September 2013

Source: www.telegraph.co.uk

Two prisoners sentenced to life for murdering child killer in jail – The Guardian

Posted September 24th, 2013 in murder, news, prisons, sentencing by sally

“Two prisoners who bound and strangled to death a fellow inmate in a high-security prison have been told they will serve the rest of their lives behind bars. Gary Smith, 48, and Lee Newell, 44, who were already serving life for killings, were both given whole-life sentences by a judge for the ‘chilling’ murder of Subhan Anwar.”

Full story

The Guardian, 23rd September 2013

Source: www.guardian.co.uk

Leading civil rights lawyers Tooks Chambers closes, blaming legal aid cuts – The Independent

Posted September 24th, 2013 in barristers, human rights, legal aid, news by sally

“One of Britain’s leading civil rights barristers’ chambers, which led inquiries into the deaths of Stephen Lawrence and Princess Diana and the Hillsborough disaster, is closing due to Government cuts to legal aid.”

Full story

The Independent, 23rd September 2013

Source: www.independent.co.uk