Solicitors to join walkout over MoJ plans to cut legal aid fees by up to 30% – The Guardian

Posted December 10th, 2013 in barristers, fees, industrial action, legal aid, news, solicitors by tracey

‘Criminal courts across England and Wales will be disrupted for half a day next month when thousands of solicitors join barristers in a mass walkout over government plans to cut legal aid fees by up to 30%.’

Full story

The Guardian, 6th December 2013

Source: www.guardian.co.uk

Court is “ultimate arbiter of best interests” in child’s bone marrow transplant – Halsbury’s Law Exchange

Posted December 10th, 2013 in children, medical treatment, news, parental rights by tracey

‘In an emergency ruling in the Family Division of the High Court, Mr Justice Mostyn has ordered that a three-year-old boy undergo a bone marrow transplant against the wishes of the father.’

Full story

Halsbury’s Law Exchange, 10th December 2013

Source: www.halsburyslawexchange.co.uk

Geoffrey Counsell cleared over M5 fireworks deaths – BBC News

Posted December 10th, 2013 in health & safety, homicide, jury directions, news, no case to answer by tracey

‘A man in charge of a fireworks display held on the night of a motorway crash in which seven people died has been cleared of breaching health and safety laws.’

Full story

BBC News, 10th December 2013

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted December 10th, 2013 in parliamentary papers by tracey

Court fees: proposals for reform, Cm 8751 (PDF)

Source: www.official-documents.gov.uk

Football’s match fixing wake up call – Sports Law Bulletin from Blackstone Chambers

Posted December 10th, 2013 in corruption, gambling, news, sport by tracey

‘The recent allegations and arrests made in relation to match fixing in football have served as an important wake up call for those involved in sport in the UK, and in English football in particular.’

Full story

Sports Law Bulletin from Blackstone Chambers, 10th December 2013

Source: www.sportslawbulletin.org

Victims put first in the criminal justice system – Ministry of Justice

Posted December 10th, 2013 in codes of practice, criminal justice, press releases, victims by tracey

‘People who fall prey to criminals will now receive more support than ever before to help bring offenders to justice and move on with their lives, Justice Secretary Chris Grayling has announced.’

Full press release

Victims’ Code

Ministry of Justice, 10th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Borough claims first after salon owner pleads guilty over sunbed test purchase – Local Government Lawyer

Posted December 10th, 2013 in consumer protection, guilty pleas, local government, news by tracey

‘A London borough is thought to have brought the first successful prosecution of a salon owner under the Sunbeds (Regulation) Act 2010 following the failure of a test purchase.’

Full story

Local Government Lawyer, 9th December 2013

Source: www.localgovernmentlawyer.co.uk

This month’s costs cases summaries: appeals, unjust enrichment and Mitchell – Litigation Futures

Posted December 10th, 2013 in appeals, budgets, case management, civil procedure rules, costs, litigants in person, news by tracey

‘Our monthly summary of key costs-related court decisions.’

Full story

Litigation Futures, 9th December 2013

Source: www.litigationfutures.com

Contempt of Court: Juror Misconduct and Internet Publications – Law Commission

Posted December 10th, 2013 in contempt of court, internet, juries, Law Commission, reports by tracey

‘In a report published today we make recommendations to reform elements of the law governing contempt of court.’

Full report

Law Commission, 9th December 2013

Source: www.justice.gov.uk/lawcommission

Statement of changes in immigration rules – Home Office

Posted December 10th, 2013 in immigration, press releases, regulations, visas by tracey

‘This WMS was laid in Parliament on 9 December 2013, and delivered in the House of Commons by Theresa May and in the House of Lords by Lord Taylor of Holbeach.’

Full text

Home Office, 9th December 2013

Source: www.gov.uk/home-office

Nicholas Lavender QC delivers Inaugural Address to 2014 Bar Council – The Bar Council

Posted December 10th, 2013 in barristers, legal profession, speeches by tracey

‘Nicholas Lavender QC delivers Inaugural Address to 2014 Bar Council.’

Full speech

The Bar Council, 9th December 2013

Source: www.barcouncil.org.uk

Dental plan provided VAT-exempt ‘payment services’ to patients, Tribunal finds – OUT-LAW.com

Posted December 10th, 2013 in dentists, health, news, tribunals, VAT by tracey

‘A dental payment plan provided to patients amounts to a “service for a consideration” for VAT purposes, but also falls within the payment services exemption under the VAT Directive, the First-Tier Tax Tribunal has ruled.’

Full story

OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Tribunal wrong on Sunday working decision, but forcing care assistant to work was proportionate, court rules – OUT-LAW.com

‘An employment tribunal was wrong to conclude that refusing to work on a Sunday for religious reasons should not be protected under discrimination law, the Court of Appeal has ruled.’

Full story

OUT-LAW.com, 10th December 2013

Source: www.out-law.com

Update – exclusions; LA interventions; missing education; and there’s no such thing as a free lunch… – Education Law Blog

‘This post picks up on two recent education cases, the Ofsted report on children missing education and funding arrangements for free school meals.’

Full story

Education Law Blog, 9th December 2013

Source: www.education11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted December 10th, 2013 in legislation by tracey

The Income Tax (Indexation) Order 2013

The Academy Conversions (Transfer of School Surpluses) Regulations 2013

The Immigration (European Economic Area) (Amendment) (No. 2) Regulations 2013

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) Regulations 2013

The Marine and Coastal Access Act 2009 (Commencement No. 6) Order 2013

The Plant Health (Fees) (England) (Amendment) Regulations 2013

The European Qualifications (Health Care Professions) (Croatia Accession Amendment) Regulations 2013

The Rail Vehicle Accessibility (Non-Interoperable Rail System) (London Underground Victoria Line 09TS Vehicles) Exemption Order 2013

The Railways (Interoperability) (Amendment) Regulations 2013

The School and Early Years Finance (England) Regulations 2013

Source: www.legislation.gov.uk

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted December 10th, 2013 in children, gipsies, law reports, local government, social services by tracey

Regina (J) v Worcester County Council (Equality and Human Rights Commission intervening) [2013] EWHC 3845 (Admin); [2013] WLR (D) 478

‘Where a local authority had assessed a child present in their area to be a child in need the power to provide services to that child under section 17(1)(b) of the Children Act 1989 was capable of being exercised outside the area of the local authority and at a time when the child himself was outside their area but still within England and Wales.’

WLR Daily, 6th December 2013

Source: www.iclr.co.uk

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

Posted December 10th, 2013 in appeals, demonstrations, detention, hospitals, law reports, medical treatment by tracey

Regina (IM (Nigeria)) v Secretary of State for the Home Department [2013] EWCA Civ 1561; [2013] WLR (D) 476

‘The Secretary of State for the Home Department had power to detain in hospital an immigration detainee pending his removal from the United Kingdom and such power was not limited to a person detained under section 48 of the Mental Health Act 1983. The Secretary of State’s policy on detention allowed for the removal to hospital of a detainee whose serious medical condition could not be treated in the detention centre and did not require that he be released from detention in order to receive medical treatment.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

In re Corey – WLR Daily

In re Corey [2013] UKSC 76;  [2013] WLR (D) 479

‘A High Court judge in Northern Ireland, having found that a review by parole commissioners of a life sentence prisoner’s recall to prison from his release on licence had been conducted unfairly and in breach of article 4.5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not entitled to exercise the court’s inherent jurisdiction so as to order the prisoner’s release on bail pending a re-hearing of the review.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 10th, 2013 in law reports by tracey

Court of Appeal (Criminal Division)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Arkhangelsky & Anor [2013] EWHC 3674 (Ch) (06 December 2013)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Anor [2013] EWHC 3781 (Comm) (06 December 2013)

High Court (Technology and Construction Court)

J G Walker Groundworks Ltd v Priory Homes (East) Ltd [2013] EWHC 3723 (TCC) (06 December 2013)

Source: www.bailii.org

Widower who ‘torched’ wife’s money now being sued by her lover – Daily Telegraph

Posted December 10th, 2013 in affidavits, appeals, insurance, news, probate by tracey

‘A bereaved husband who torched all his wife’s money because he was so upset about her dying is now being sued by her lover who is demanding he replaces the cash.’

Full story

Daily Telegraph, 9th December 2013

Source: www.telegraph.co.uk