Eccles couple sentenced for trafficking servant girl – BBC News

“A couple who trafficked a 10-year-old girl to the UK who was repeatedly raped and kept as a servant for nearly a decade have been jailed.”

Full story

BBC News, 23rd October 2013

Source: www.bbc.co.uk

Annie Woodland wins landmark case over near drowning – BBC News

“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”

Full story

BBC News, 23rd October 2013

Source: www.bbc.co.uk

Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252;   [2013] WLR (D)  393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by tracey

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC);   [2013] WLR (D)  397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

In re C (A Child)(Care Plan: Adoption) – WLR Daily

Posted October 23rd, 2013 in adoption, care orders, children, guardianship, law reports, local government by tracey

In re C (A Child)(Care Plan: Adoption): [2013] EWCA Civ 1257;   [2013] WLR (D)  394

“Where the court was hearing applications for both a care order and a placement for adoption order, the court should avoid a linear approach of considering and rejecting options in turn, and instead engage in a holistic evaluation of the central question of the welfare of the child by reference to the considerations in section 1 of the Adoption and Children Act 2002, rather than the provisions in section 1 of the Children Act 1989.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Zulhayir v JJ Food Service Ltd – WLR Daily

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226;   [2013] WLR (D)  396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted October 23rd, 2013 in appeals, judicial review, jurisdiction, law reports, planning by tracey

Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another: [2013] EWHC 3166 (Admin);   [2013] WLR (D)  395

“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted October 23rd, 2013 in parliamentary papers by tracey

Post-legislative scrutiny: Planning Act 2008, Cm 8716 (PDF)

Government response to the Communities and Local Government Select Committee report: the private rented sector, Cm 8730 (PDF)

Source: www.official-documents.gov.uk

Advances in open justice in England and Wales – Speech by the Master of the Rolls

“Master of the Rolls speech: Hong Kong lecture – 18 October 2013.”

Full speech

Judiciary of England and Wales, 22nd October 2013

Source: www.judiciary.gov.uk

A Handbook for Litigants in Person – Judiciary of England and Wales

Posted October 23rd, 2013 in courts, legal aid, litigants in person, press releases by tracey

“A guide to appearing in civil cases without legal representation has been produced and published by the judiciary.”

Full guide

Judiciary of England and Wales, 22nd October 2013

Source: www.judiciary.gov.uk

PACE Codes A, B, C 2013 – Home Office

Posted October 23rd, 2013 in codes of practice, detention, investigatory powers, police, stop and search by tracey

“PACE Codes A, B, C 2013”

PACE Code A

PACE Code B

PACE Code C

Home Office, 23rd october 2013

Source: www.gov.uk/home-office

The Intellectual Property Enterprise Court – not just a new name – Technology Law Update

Posted October 23rd, 2013 in courts, intellectual property, judiciary, jurisdiction, news by tracey

“On 1 October 2013, the Patents County Court (‘PCC’) was renamed the Intellectual Property Enterprise Court (‘IPEC’). Many practitioners just note it, in passing, as part of the effort by the Government to enhance the popularity of the PCC/IPEC – part of their agenda promoting innovation (particularly for small and medium sized enterprises), rather than a change with a significant impact on the law. However, to dismiss it as ‘just a new name’ would not be quite accurate.”

Full story

Technology Law Update, 22nd October 2013

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

Recent Statutory Instruments – legislation.gov.uk

Posted October 23rd, 2013 in legislation by tracey

The School Governance (Roles, Procedures and Allowances) (England) (Amendment) Regulations 2013

The Police Act 1997 (Criminal Records) (Amendment No. 2) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 23rd, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Health & Ors v Servier Laboratories Ltd & Ors [2013] EWCA Civ 1234 (22 October 2013)

SQ (Pakistan) & Anor, R (on the application of) v The Upper Tribunal Immigration and Asylum Chamber & Anor [2013] EWCA Civ 1251 (22 October 2013)

Fagan, R (on the application of) v Times Newspapers Ltd & Ors [2013] EWCA Civ 1275 (21 October 2013)

Court of Appeal (Criminal Division)

Montague, R v [2013] EWCA Crim 1781 (22 October 2013)

High Court (Administrative Court)

Giwa, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3189 (Admin) (22 October 2013)

High Court (Commercial Court)

Flame SA v Glory Wealth Shipping PTE Ltd [2013] EWHC 3153 (Comm) (22 October 2013)

High Court (Patents Court)

Resolution Chemicals Ltd v H Lundbeck A/S [2013] EWHC 3160 (Pat) (22 October 2013)

High Court (Queen’s Bench Division)

Fadallah v Pollak [2013] EWHC 3159 (QB) (22 October 2013)

Source: www.bailii.org

 

Ministry stands by Grayling evidence after bar chief challenge – Law Society’s Gazette

Posted October 23rd, 2013 in barristers, budgets, costs, fees, Ministry of Justice, news, select committees by tracey

“Evidence given to MPs by Chris Grayling has sparked a spat between the Bar Council and Ministry of Justice.”

Full story

Law Society’s Gazette, 22nd October 2013

Source: www.lawgazette.co.uk

MoJ decides against increase in small claims track limit – Law Society’s Gazette

“The Ministry of Justice will today confirm there is to be no increase in the small claims court limit.”

Full story

Law Society’s Gazette, 23rd October 2013

Source: www.lawgazette.co.uk

Schoolboy armed robber sentenced to 40 months – Daily Telegraph

Posted October 23rd, 2013 in firearms, news, prisons, robbery, sentencing, young offenders by tracey

“A ‘model pupil’ who robbed a bank with an imitation firearm has been sentenced to 40 months in a Young Offenders’ Institution.”

Full story

Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

Honeymoon murder suspect Shrien Dewani wins extradition hearing – The Independent

Posted October 23rd, 2013 in appeals, extradition, mental health, murder, news by tracey

“Honeymoon murder suspect Shrien Dewani has won a further hearing in his legal battle against extradition. A panel of three High Court judges – headed by the Lord Chief Justice Lord Thomas – ruled today there are outstanding legal issues the court must decide.”

Full story

The Independent, 22nd October 2013

Source: www.independent.co.uk

Legal proceedings begin against travellers occupying NHS car park – Daily Telegraph

Posted October 23rd, 2013 in hospitals, news, repossession, squatting, travellers by tracey

“Legal proceedings start against a group of French travellers occupying a hospital car park in Newport, south Wales.”

Full story

Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

Inquest finds police failings over killings of woman and toddler son – The Guardian

Posted October 23rd, 2013 in complaints, domestic violence, inquests, inquiries, mental health, murder, news, ombudsmen, police by tracey

“Police failings ‘more than minimally’ contributed to the deaths of a pregnant mother and child who were stabbed to death by the woman’s former partner days after she went to the police for help, an inquest jury has ruled.”

Full story

The Guardian, 22nd October 2013

Source: www.guardian.co.uk