Inspector acted in error in applying revoked RSS figures says Court of Appeal –

Posted December 19th, 2013 in appeals, housing, local government, news, planning by tracey

‘An inspector who used housing supply figures from the now revoked East of
England Plan as a reason for refusing an appeal for development in the green
belt in St Albans acted in error, the Court of Appeal has ruled.’

Full story, 16th December 2013


Lee Rigby murder: Michael Adebolajo and Michael Adebowale found guilty – The Guardian

Posted December 19th, 2013 in murder, news, terrorism by tracey

‘Two men have been convicted of murdering a soldier in broad daylight near a military barracks in London, in the first al-Qaida-inspired attack to claim a life on British soil since 7 July 2005.’

Full story

The Guardian, 19th December 2013


Damning report exposes NHS secrecy in breast cancer scandal – Daily Telegraph

Posted December 19th, 2013 in cancer, doctors, health, hospitals, inquiries, news, reports by tracey

‘Hundreds of women were put at risk of breast cancer as “weak and indecisive” bosses at scandal-hit hospital covered up failings by a charismatic surgeon despite repeated warnings, an inquiry has found.’

Full story

Daily Telegraph, 19th December 2013



UK ‘was inappropriately involved in rendition’ – BBC News

Posted December 19th, 2013 in inquiries, intelligence services, news, rendition, reports, select committees, terrorism by tracey

‘There is evidence Britain was inappropriately involved in the rendition and ill-treatment of terror suspects, an inquiry has revealed.’

Full story

BBC News, 19th December 2013


Command Papers –

Posted December 19th, 2013 in parliamentary papers by tracey

Co-operative and Community Benefit Societies Bill: report on the consolidation of legislation relating to co-operative and community benefit societies, Cm 8768 (PDF)

Draft Wales Bill, Cm 8773 (PDF)

Government response to the Joint Committee on Parliamentary Privilege,
Cm 8771 (PDF)


What comes first – Mitchell ruling or part 36? – Litigtation Futures

Posted December 19th, 2013 in budgets, civil procedure rules, news, part 36 offers by tracey

‘The questions raised by the Mitchell ruling, such as the effect on a part 36 offer of a budget being disallowed, are already emerging as the impact of the Court of Appeal’s decision is felt. Barrister Barry Havenhand of Clerksroom has supplied Litigation Futures with details of one case where the failure to file a budget in sufficient time saw the defendant’s budget restricted to its court fees, as in Mitchell.’

Full story

Litigation Futures, 17th December 2013


High Court refuses relief after bid to serve late witness statement but issues “note of caution” – Litigation Futures

Posted December 19th, 2013 in civil procedure rules, news, time limits, witnesses by tracey

‘The High Court has issued guidance on how to serve late witness statements in certain circumstances without falling foul of the Mitchell ruling, after refusing relief from sanction when a party tried to do just that on the first day of trial.’

Full story

Litigtation Futures, 19th December 2013


Criminal law barristers urged to embrace new business structures to survive – Legal Futures

Posted December 19th, 2013 in alternative business structures, barristers, competition, legal services, news by tracey

‘Criminal law barristers need to consider significant changes to their business models if they are to remain competitive, the Legal Services Board (LSB) has argued. In its submission to the Ministry of Justice-commissioned Jeffrey review of the provision of independent criminal advocacy, the LSB identified continued market liberalisation as one of the reasons the government did not need to intervene.’

Full story

Legal Futures, 18th December 2013


Anonymity Part 2: Child personal injury cases – UK Human Rights Blog

Posted December 19th, 2013 in anonymity, children, news, personal injuries, reporting restrictions by tracey

‘JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB). In Part 1 on this subject, I discussed medical confidentiality and/or legal restrictions designed to protect the privacy of a mother and child. This case raises the question in a slightly different guise, namely whether the court should make an order that the claimant be identified by letters of the alphabet, and whether there should be other derogations from open justice in the guise of an anonymity order, in a claim for personal injuries by a child or protected party which comes before the court for the approval of a settlement.’

Full story

UK Human Rights Blog, 19th December 2013


No rational basis for denying all prisoners the vote, concludes joint Parliamentary Committee – UK Human Rights Blog

Posted December 19th, 2013 in bills, elections, human rights, news, prisons, reports by tracey

‘The Parliamentary Joint Committee on the Draft Voting Eligibility (Prisoners) Bill today published its report.’

Full story

UK Human Rights Blog, 18th December 2013


Scientology, University Unrest and Right to Die – the Human Rights Roundup – UK Human Rights Blog

‘This week, the Church of Scientology registered a win of sorts in the Supreme Court, while London’s biggest university said no to occupational student protests just as others were contemplating the possibility of gender-segregated talks  Meanwhile, the Home Secretary puts forward her answer to modern day slavery, while the Joint Committee on Human Rights puts pressure on Chris Grayling regarding the proposed legal aid reforms.’

Full story

UK Human Rights Blog, 16th December 2013


Mike Gordon: Constitutional Reform under the Coalition Government – UK Constitutional Law Group

Posted December 19th, 2013 in constitutional reform, news, parliamentary papers by tracey

‘The Government’s response to the House of Commons Political and Constitutional Reform Committee’s (PCRC) report Do we need a constitutional convention for the UK? is in many ways a rather unremarkable document (Cm 8749, November 2013). The PCRC’s report (Fourth Report of Session 2012-13, HC 371) was published on 28th March 2013, and concluded that there was “a need to consider both how the increasingly devolved parts of the Union interact with each other, and what we, as residents of the UK, want the Union to look like going forward”. As a result the PCRC suggested that the Government “consider, among other options, preparations for a UK-wide constitutional convention, including decisions about its form and organisation, and the process of calling for evidence”, which would be held in the aftermath, and regardless of the result, of the Scottish independence referendum in September 2014.’

Full story

UK Constitutional Law Group, 18th December 2013


ICO fines payday loans company £175,000 over spam messaging –

Posted December 19th, 2013 in advertising, consumer credit, data protection, fines, news, telecommunications by tracey

‘A payday loans company has been fined £175,000 by the Information Commissioner’s
Office (ICO) after the watchdog found it to be in serious breach of UK privacy

Full story, 17th December 2013


UK copyright reforms to take effect in April 2014 –

Posted December 19th, 2013 in copyright, news, regulations by tracey

‘Changes to UK copyright law will come into force on 6 April 2014, the Government has announced.’

Full story, 19th December 2013


Vote of no confidence in Society leadership passes – Legal Voice

Posted December 19th, 2013 in Law Society, legal aid, news, solicitors by tracey

‘A vote of no confidence in the Law Society’s leadership over its handling of the criminal legal aid reforms has today been passed by 52% at a Special General Meeting (SGM) of the Society.’

Full story

Legal Voice, 17th December 2013


Sentencing sexual offenders – a lost opportunity? – Halsbury’s Law Exchange

Posted December 19th, 2013 in news, sentencing, sexual grooming, sexual offences, victims by tracey

‘The Sentencing Council has issued a new Guideline in relation to sexual offences this month. The aim: “to help ensure appropriate and consistent sentences for sex offenders”, says the accompanying press release.’

Full story

Halsbury’s Law Exchange, 18th December 2013


Recent Statutory Instruments –

Posted December 19th, 2013 in legislation by tracey

The Taxation of Regulatory Capital Securities Regulations 2013

The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013

The Jobseeker’s Allowance (Habitual Residence) Amendment Regulations 2013

The Civil Legal Aid (Merits Criteria) (Amendment) (No. 3) Regulations 2013

The Financial Services and Markets Act 2000 (Designated Consumer Bodies) Order 2013

The Export Control (North Korea and Ivory Coast Sanctions and Syria Amendment) Order 2013

The Renewable Heat Incentive Scheme (Amendment) (No. 3) Regulations 2013

The Air Navigation (Amendment) Order 2013

The Territorial Sea (Limits) (Amendment) Order 2013

The Fishery Limits (Revocation) Order 2013

The Continental Shelf (Designation of Areas) Order 2013

The Exclusive Economic Zone Order 2013

The Libya (Restrictive Measures) (Overseas Territories) (Amendment) Order 2013

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2013

The School Organisation (Prescribed Alterations to Maintained Schools) (England) Regulations 2013

The Merchant Shipping (Prevention of Pollution) (Limits) (Revocation) Regulations 2013

The Infrastructure Planning (Business or Commercial Projects) Regulations 2013

The HGV Road User Levy (HMRC Information Gateway) Regulations 2013


AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted December 19th, 2013 in adoption, asylum, children, immigration, law reports, sponsored immigrants, Supreme Court by tracey

AA (Somalia) v Entry Clearance Officer [2013] UKSC 81;   [2013] WLR (D)  499

‘Paragraph 352D of the Statement of Changes in Immigration Rules (1994) (HC 394), as amended and inserted, which provided for the grant of leave to enter to the “child of a parent” who had been admitted to the United Kingdom as a refugee, did not extend to a child for whom a family member had taken responsibility under the Islamic procedure of “kafala” and whose “adoption” did not fall within the meaning of paragraphs 6 and 309A of the Rules.’

WLR Daily, 18th December 2013


In re London Scottish Finance Ltd; Jack and another v Craig and others – WLR Daily

Posted December 19th, 2013 in agreements, consumer credit, law reports by tracey

In re  London Scottish Finance Ltd; Jack and another v Craig and others [2013] EWHC 4047 (Ch);   [2013] WLR (D)  498

‘For the purposes of section 106(d) of the Consumer Act 1974 the words “realisation of the security” should be interpreted conventionally so as to achieve the policy objective stated in section 113(1) that the security provided in relation to a regulated agreement could not be enforced so as to benefit the creditor to any greater extent than would be the case if the security were not provided. In the case of a secured loan to which section 106(d) applied, its provisions did not catch all sums paid by the debtor in discharge of the loan.’

WLR Daily, 17th December 2013


Regina v Williams (Dean Arthur) – WLR Daily

Posted December 19th, 2013 in alcoholism, appeals, diminished responsibility, homicide, law reports, mental health by tracey

Regina v Williams (Dean Arthur): [2013] WLR (D)  497

‘For the purposes of establishing the defence of diminished responsibility, the concept of mental responsibility, within section 2(1) of the Homicide Act 1957, described the extent to which a person’s acts were the choice of a free and rational mind.’

WLR Daily, 13th December 2013