EVENT: Queen Mary – CLSGC: Authority in a Transnational Age

Posted October 16th, 2013 in Forthcoming events by sally

“Contemporary jurisprudence – and legal scholarship and legal education more generally – is currently under serious challenge from the emergence of arguably new legal phenomena at the non-state or transnational level. This challenge is both substantive and methodological. Substantively, legal scholars are being confronted with, and asked to explain, phenomena which cannot easily be explained by theories which put the sovereign state at the centre. Such phenomena include internet regulation and the new lex mercatoria. New jurisprudential problems are also raised by the growth of transnational communities, which bring with them a variety of different legal traditions and understandings. Methodologically, in this context, traditional conceptual analysis is arguably ever more in need of being informed by empirical analysis – for the old concepts, and their universalistic tendencies, are being criticised as inadequate.”

Date: 8th-9th November 2013, 9.00-5.00pm

Location: Arts Two Lecture Theatre, Queen Mary University of London, Mile End Road, London E1 4NS

Charge: See website for details.

More information can be found here.

EVENT: Inner Temple – Working with Vulnerable Witnesses Seminar: Advocacy Training for Barristers Working with Vulnerable Witnesses

Posted October 16th, 2013 in Forthcoming events by sally

“This year, the Inner Temple will be holding a CPD day for practitioners from the New Practitioner stage and beyond, providing Advocacy Training for Barristers working with Vulnerable Witnesses. The keynote address will be given by The Rt Hon Lady Justice Hallett DBE.

This full day of practical training will be taught by the Inner Temple’s experienced advocacy trainers and will provide attendees with an opportunity to cross-examine witnesses played by professional actors.

This course is open to barristers of all four Inns who are new practitioner level or above. The skills which will be taught, whilst of particular interest to criminal practitioners, will also be useful to barristers in other practice areas working with vulnerable witnesses and those requiring interpretation.”

6 CPD Hours

Date: Saturday 23 November 2013

Location: Inner Temple, London EC4Y 7HL

Charge: £125 (including lunch)

More information can be found here.

Modernising wildlife law – Law Commission

Posted October 16th, 2013 in animals, bills, birds, EC law, environmental protection, Law Commission, news, penalties by sally

“The Law Commission has today [15 October] set out its proposed principles for a new regulatory regime for wildlife.”

Full story

Law Commission, 15th October 2013

Source: www.lawcommission.justice.gov.uk

The value of the rule of law to international trade and finance – Attorney General’s Office

“Speech at City of London Guildhall on the central importance to the British economy of the rule of law.”

Full story

Attorney General’s Office, 14th October 2013

Source: www.gov.uk/ago

BSB statement on Leathley, Mehey, Hayes v Visitors to the Inns of Court – Bar Standards Board

Posted October 16th, 2013 in Administrative Court, barristers, inns of court, judicial review, news, reports by sally

“A Bar Standards Board spokesperson said:

‘The administrative court has today handed down judgment in Leathley, Mehey, Hayes v Visitors to the Inns of Court: three judicial review applications which raised issues arising from the various anomalies revealed in 2011 in relation to the Council of the Inns of Courts’ panel member appointment processes. We are pleased that the court found all but two of the specific challenges made by the Claimants to be totally without merit and refused the applications on the two issues it considered were arguable. The judgment confirms the Bar Standard’s Board’s original view: that most of the historic anomalies, while a matter of great concern to us, did not affect the validity of the findings made in the cases that were potentially affected.'”

Full story

Bar Standards Board, 16th October 2013

Source: www.barstandardsboard.org.uk

Interview with the Attorney General – BBC Law in Action

Posted October 16th, 2013 in appeals, attorney general, human rights, international law, news, sentencing by sally

“In this week’s programme, the Attorney General for England and Wales Dominic Grieve speaks to Joshua Rozenberg in an extended interview.”


BBC Law in Action, 15th October 2013

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 16th, 2013 in legislation by sally

The National Insurance Contributions (Application of Part 7 of the Finance Act 2004) (Amendment) Regulations 2013

The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

The Armed Forces Act (Continuation) Order 2013

Source: www.legislation.gov.uk

In re W (A Child) (Care Proceedings: Court’s Function) – WLR Daily

In re W (A Child) (Care Proceedings: Court’s Function) [2013] EWCA Civ 1227; [2013] WLR (D) 382

“Once a decision to institute care proceedings had been taken the court became the decision-maker until a full order was made. The local authority was required to provide the evidence to enable the judge to undertake the welfare and proportionality evaluations. That included a description of the services that were available and practicable for each placement option and each order being considered by the court. There should be no question of a local authority declining to file its evidence or proposed plans in response to the court’s evaluations. If a local authority made it clear that it would not implement a care plan option about which evidence had been given and which the judge preferred on welfare and proportionality grounds, then in a rare case it could be subjected to challenge in the High Court within the proceedings. In the unlikely event that a local authority declined to abide by a judge’s orders and directions in the future, the judge should inform the local authority’s monitoring officer to make a report to the authority with the intention that the authority was brought back into compliance.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

Abercrombie and others v Aga Rangemaster Ltd – WLR Daily

Posted October 16th, 2013 in appeals, employment, guarantees, law reports, remuneration, working time by sally

Abercrombie and others v Aga Rangemaster Ltd [2013] EWCA Civ 1148; [2013] WLR (D) 381

“The question governing liability to make guarantee payments under section 28 of the Employment Rights Act 1996 was whether the employee ‘would normally be required to work [on the day in question] in accordance with his contract of employment’. The fact that an agreement introducing changes to an employee’s working hours was temporary did not prevent the day in question remaining ‘normally’ a working day.”

WLR Daily, 11th October 2013

Source: www.iclr.co.uk

MF (Nigeria) v Secretary of State for the Home Department – WLR Daily

MF (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1192; [2013] WLR (D) 380

“The new immigration rules, introduced by Statement of Changes in Immigration Rules (2012) (HC 194) into Statement of Changes in Immigration Rules (1994) (HC 395), which concerned the deportation of foreign criminals and the evaluation of their article 8 rights under the Convention for the Protection of Human Rights and Fundamental Freedoms, were a complete code. Where a foreign criminal came within the provisions of paragraph 399 or 399A of HC395, as amended,, he could be entitled to leave to remain on a limited or indefinite basis on article 8 grounds, but where those paragraphs did not apply very compelling reasons, described as ‘exceptional circumstances’, would be required to outweigh the public interest in deportation.”

WLR Daily, 8th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 16th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Skrytek v Secretary of State for Communities and Local Government & Ors [2013] EWCA Civ 1231 (15 October 2013)

Plantation Holdings (FZ) LLC v Dubai Islamic Bank PJSC [2013] EWCA Civ 1229 (15 October 2013)

High Court (Administrative Court)

ML (A Child), R (on the application of) v Youth Justice Board [2013] EWHC 3083 (Admin) (15 October 2013)

Antoniou, R (on the application of) v Central and North West London NHS Foundation Trust & Ors [2013] EWHC 3055 (Admin) (10 October 2013)

High Court (Technology and Construction Court)

National Museums and Galleries On Merseyside (Trustees of) v AEW Architects and Designers Ltd [2013] EWHC 3025 (TCC) (11 October 2013)

Source: www.bailii.org

Transforming the services of the Office of the Public Guardian – enabling digital by default – Ministry of Justice

“Our consultation paper ‘Transforming the Services of the Office of the Public Guardian’, published on 27 July 2012, invited comments on a range of issues related to the Office of the Public Guardian’s (OPG) aspiration to deliver its services digitally by default. In our response, published in January 2013, we set out the changes that we would complete by April 2013. This included reducing the statutory waiting period for registering a Lasting Power of Attorney (LPA) form from six weeks to four weeks and amending the regulations to allow court appointed deputies to change bond provider without the need to apply to the Court of Protection. However, other changes required further policy development or were dependant on the OPG replacement IT system being in place in 2014.”

Full story

Ministry of Justice, 15th October 2013

Source: www.consult.justice.gov.uk

High Court bans TVCatchup from streaming broadcasters’ content over mobile networks – OUT-LAW.com

Posted October 16th, 2013 in copyright, EC law, internet, interpretation, media, news, telecommunications by sally

“Three UK broadcasters have won the right to prevent an online streaming service provider from retransmitting the TV programmes they show to users of mobile devices via any ‘mobile telephony network’.”

Full story

OUT-LAW.com, 15th October 2013

Source: www.out-law.com

Abortion on grounds of gender: the DPP was right – Halsbury’s Law Exchange

Posted October 16th, 2013 in abortion, doctors, gender, news, prosecutions by sally

“There has been a recent storm over the DPP’s decision not to prosecute two doctors in relation to their referral of two women for abortion. The cases were widely represented as cases of abortion on grounds of gender. They came to light in the course of an undercover investigation by the Telegraph of practice in English abortion clinics.”

Full story

Halsbury’s Law Exchange, 15th October 2013

Source: www.halsburyslawexchange.co.uk

Lord Neuberger: Don’t restrict right to judicial review – Daily Telegraph

“The Government should not restrict people from seeking judicial review, the UK’s most senior judge has warned.”

Full story

Daily Telegraph, 15th October 2013

Source: www.telegraph.co.uk

Pensioner handed jail sentence for selling crack cocaine – The Independent

Posted October 16th, 2013 in ASBOs, drug offences, elderly, news, sentencing by sally

“A ‘flamboyantly’ dressed pensioner who would leave his sheltered housing to sell crack cocaine in Soho, London has been jailed.”

Full story

The Independent, 15th October 2013

Source: www.independent.co.uk

Draft electricity market reform legislation published, although implementation timetable delayed – OUT-LAW.com

Posted October 16th, 2013 in bills, consultations, delay, energy, news by sally

“The timetable for implementation of some of the most significant reforms to the energy market since privatisation has fallen behind by several months, according to draft legislation published by the Government for consultation.”

Full story

OUT-LAW.com, 15th October 2013

Source: www.out-law.com

Richard Cornes: 11-1 gender ratio Court’s Achilles Heel: Reporting of the Supreme Court’s start of the year press briefing – UK Constitutional Law Group

Posted October 16th, 2013 in diversity, human rights, Islam, media, news, Supreme Court, women by sally

“On October 2 at 10am, the United Kingdom Supreme Court held an hour long pre-term press-briefing to mark the opening of the Court’s fifth year. This blog looks not only at what was said by the Court, and asked by the journalists on the day, but also what was then reported.”

Full story

UK Constitutional Law Group, 16th October 2013

Source: www.ukconstitutionallaw.org

High Court refuses to delay high street court battle with MasterCard – The Lawyer

“An attempt by MasterCard to avoid a multi-billion damages claim from a dozen retailers because the monthly due diligence costs charged by its lawyers at Jones Day could be as much as £700,000 has been rejected by the High Court.”

Full story

The Lawyer, 16th October 2013

Source: www.thelawyer.com

High Court: winning party should not be kept to out-of-date approved budget – Litigation Futures

Posted October 16th, 2013 in budgets, claims management, costs, news by sally

“The High Court has rejected a bid to limit a winning party’s costs to a previously approved budget where a substantially revised one was seen by the court and other party but not dealt with at the pre-trial review (PTR).”

Full story

Litigation Futures, 16th October 2013

Source: www.litigationfutures.com