Rayner v Legal Services Commission – WLR Daily

Posted December 6th, 2013 in costs, law reports, legal aid, regulations by tracey

Rayner v Legal Services Commission: [2013] WLR (D)  467

‘On a proper reading of the words “attributable to” in paragraph 5(4) of the Community Legal Service (Cost Protection) Regulations 2000 the non-funded party could recover costs outside the funded period, provided that the causal link was established.’

WLR Daily, 2nd December 2013

Source: www.iclr.co.uk

Mitchell v News Group Newspapers Ltd – WLR Daily

Posted December 6th, 2013 in appeals, budgets, case management, civil procedure rules, law reports, media by tracey

Mitchell v News Group Newspapers Ltd: [2013] EWCA Civ 1537;   [2013] WLR (D)  466

‘In the context of the court’s case management powers in respect of a party’s claim, the failure by the party to file a costs budget on time would not normally attract relief from the sanction imposed by CPR r 3.14 unless the default were trivial or there were a good reason for it.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 6th, 2013 in news by tracey

Supreme Court

KL (A Child), Re [2013] UKSC 75 (4 December 2013)

Court of Appeal (Civil Division)

Pokhriyal v The Secretary of State for the Home Department [2013] EWCA Civ 1568 (05 December 2013)

IM (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1561 (05 December 2013)

Chandra & Anor v Brooke North (a firm) & Anor [2013] EWCA Civ 1559 (05 December 2013)

Smith v Secretary of State for Energy And Climate Change [2013] EWCA Civ 1585 (05 December 2013)

MBA v London Borough of Merton [2013] EWCA Civ 1562 (05 December 2013)

Obrey & Ors v The Secretary of State for Work And Pensions & Anor [2013] EWCA Civ 1584 (05 December 2013)

Court of Appeal (Criminal Division)

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

G & Anor, R. v [2013] EWCA Crim 2237 (05 December 2013)

Scully, R. v [2013] EWCA Crim 2288 (05 December 2013)

Matthews, R. v [2013] EWCA Crim 2238 (05 December 2013)

High Court (Administrative Court)

HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 3874 (Admin) (06 December 2013)

Lee & Ors v Solihull Magistrates Court & Anor [2013] EWHC 3779 (Admin) (05 December 2013)

Hussain v General Medical Council [2013] EWHC 3865 (Admin) (05 December 2013)

Midcounties Co-Operative Ltd, R (On the Application Of) v Swindon Borough Council & Anor [2013] EWHC 3775 (Admin) (04 December 2013)

High Court (Chancery Division)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2013] EWHC 3788 (Ch) (04 December 2013)

High Court (Commercial Court)

The Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm) (29 November 2013)

High Court (Family Division)

Asaad v Kurter [2013] EWHC 3852 (Fam) (05 December 2013)

High Court (Queen’s Bench Division)

Norseman Holdings Ltd v Warwick Court (Harold Hill) Management Company Ltd [2013] EWHC 3868 (QB) (04 December 2013)

Source: www.bailii.org

 

Suspension ordered for ‘win at all costs’ Times solicitor – Law Society’s Gazette

‘The Times newspaper’s former legal director is to be suspended from practising for six months from 16 December after a Solicitors Disciplinary Tribunal hearing ruled that he had knowingly allowed a court to be misled through his “win at all costs” approach.’

Full story

Law Society’s Gazette, 6th December 2013

Source: www.lawgazette.co.uk

National Security trumps disclosure of Litvinenko secret documents, rules High Court – UK Human Rights Blog

‘Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin). The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.’

Full story

UK Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

Isa Muaza granted more time in UK – The Guardian

Posted December 6th, 2013 in asylum, deportation, judicial review, news, restraint orders by tracey

‘Asylum seeker who was returned to UK in a failed deportation attempt will stay in the country pending judicial review.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Teacher who molested pupils has sentence increased by court of appeal – The Guardian

Posted December 6th, 2013 in appeals, news, sentencing, sexual offences, teachers by tracey

‘A primary school teacher who molested his pupils and filmed children’s genitals as they changed for swimming lessons has seen his six-month jail sentence more than doubled.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Escort Michael Brennan jailed for Paul Simons murder – BBC News

Posted December 6th, 2013 in murder, news, sentencing by tracey

‘A male escort has been jailed for life for the “cold and calculated” murder of an antiques dealer.’

Full story

BBC News, 5th December 2013

Source: www.bbc.co.uk

The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk

Christian care worker loses Sunday working discrimination appeal – UK Human Rights Blog

Posted December 6th, 2013 in appeals, care workers, Christianity, employment, news, Sunday trading by tracey

‘Mba v London Borough Of Merton [2013] EWCA Civ 1562. The Court of Appeal has dismissed the appeal of a Christian care worker against the decision of the Employment Appeal Tribunal (EAT) that a requirement that she work on Sundays indirectly discriminated against her on the grounds of religion or belief.’

Full story

Uk Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

EVENT: UCL – Lunch Hour Lecture: Should we trust lawyers?

Posted December 5th, 2013 in Forthcoming events by sally

‘Public trust in lawyers is on the decline. Some of this is inevitable: Hackgate, the financial scandal and Hillsborough have all involved lawyers at pivotal moments. But are lawyers just doing their jobs in these cases or crossing ethical boundaries? An analysis of professional rules, lawyer psychology and economics suggest lawyers need to do some work to rebuild trust and behave more professionally.’

Date: 4th February 2014, 13.15-13.55pm

Location: Darwin Lecture Theatre, Darwin Building, Gower St, London WC1E 6BT

Charge: Free

More information can be found here.

EVENT: Gresham College – Criminal Minds

Posted December 5th, 2013 in Forthcoming events by sally

‘What makes a criminal? Are they born or made? How do personality, social deprivation and upbringing affect criminality? Is crime due to economic need, a failure of conscience or a need for excitement?’

Date: 21st January 2014, 6:00pm

Location: Museum of London

Charge: Free

More information can be found here.

EVENT: UCL CLP – Exploring Solutions to a Persistent Legal Problem: Conceptualising the Rights of Children in Detention

Posted December 5th, 2013 in Forthcoming events by sally

‘Children in detention are one of the most vulnerable groups in society, and their removal from the community and into the secure estate compounds the disadvantages that many of them have previously experienced. Rights can therefore take on even greater significance for this group. Over the past 15 years, children and their advocates have sought to use the law in an attempt to protect those rights and to bring about improvements in how children deprived of their liberty are treated. But there are limits to what has been achieved and the proposed changes to legal aid, judicial review and the possible repeal of the Human Rights Act are likely to present even greater hurdles for the realisation of the rights of detained children. This lecture will examine the developing law in this area and explore the extent to which the concepts of vulnerability and best interests have shaped the legal and human rights of children in custody. It will then go on to consider whether other concepts – including home, care and responsibility – could be better used in order to understand and secure the rights of children deprived of their liberty.’

Date: Thursday, January 23, 2014 at 6:00 PM

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: Birkbeck – From Civil Partnership to Same-Sex Marriage 2004-2014: An Interdisciplinary Workshop

Posted December 5th, 2013 in Forthcoming events by sally

‘The Civil Partnership Act 2004 and the Marriage (Same Sex Couples) Act 2013 are important legal, social and historical landmarks. For beyond their practical implications, same-sex relationship recognition, throughout the western world, has become a key site of political contestation rich in symbolic, material and cultural meanings. While fiercely opposed by many, within mainstream narratives they are often represented as a victory in a legal reform process that commenced with the decriminalisation of homosexuality. Yet, at the same time, for others they represent a problematic and ambivalent political engagement with the institution of marriage. Consequently, understood and labelled as ‘revolutionary’, ‘progressive’ and ‘conservative’ these reforms provide a space for thinking about issues that arguably affect everyone, regardless of sexual orientation or relationship status.’

Date: 17th-18th January 2014

Location: 43 Gordon Square, London WC1H 0PD

Charge: Free, registration required

More information can be found here.

EVENT: UCL CLP – In support of an English Contract Code

Posted December 5th, 2013 in Forthcoming events by sally

‘English contract law enjoys an enormous degree of rational strength, together with a practical and down-to-earth approach which is the envy of many civilian systems (and, of course, an attraction for business people for whom it exists). In doctrine and comprehensibility, however, its record is less impressive, as anyone will testify who has struggled to explain its workings in terms that make sense to a civilian audience. The aim of this lecture is to suggest that a codification of its rules from a purely English perspective would get rid of many of these difficulties, and would in addition avoid many of the problems inherent in proposals for a more or less pan-European codified contract law.’

Date: 16th January 2014, 6.00-7.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

The legal arguments behind the naming of Marine A – The Guardian

Posted December 5th, 2013 in anonymity, appeals, armed forces, courts martial, media, murder, news by sally

‘It has taken more than a year for the courts to agree that the man previously known as Marine A should be named.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Judge orders UK ban of one HTC device but stays decision on ban of another – OUT-LAW.com

Posted December 5th, 2013 in intellectual property, news, patents, stay of proceedings, telecommunications by sally

‘An HTC mobile device will be banned from sale in the UK after Friday afternoon unless the company wins the right to appeal against the imposition of that ban on that timescale.’

Full story

OUT-LAW.com, 5th December 2013

Source: www.out-law.com

Christian Celestina Mba loses Sunday shifts appeal – BBC News

‘A Christian care worker who claimed she was forced to leave her job after refusing to work Sundays because of her faith has lost her legal appeal.’

Full story

BBC News, 5th December 2013

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 5th, 2013 in legislation by sally

The Van Benefit and Car and Van Fuel Benefit Order 2013

The Smoke Control Areas (Exempted Fireplaces) (England) (No. 2) (Amendment) Order 2013

The Defamation (Operators of Websites) Regulations 2013

The Defamation Act 2013 (Commencement) (England and Wales) Order 2013

The Food Safety and Hygiene (England) Regulations 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 5th, 2013 in law reports by sally

Supreme Court

Martin Corey, Re for Judicial Review (Northern Ireland) [2013] UKSC 76 (4 December 2013)

Court of Appeal (Criminal Division)

Khan & Ors v R [2013] EWCA Crim 2230 (04 December 2013)

Court of Appeal (Civil Division)

Roberts v Hook & Anor [2013] EWCA Civ 1564 (04 December 2013)

Harrison & Ors v Technical Sign Company Ltd & Ors [2013] EWCA Civ 1569 (04 December 2013)

EU Plants Ltd v Wokingham Borough Council [2013] EWCA Civ 1542 (04 December 2013)

Secretary of State for Work and Pensions v MM & Anor [2013] EWCA Civ 1565 (04 December 2013)

High Court (Chancery Division)

Rosenzweig v NMC Recordings Ltd [2013] EWHC 3792 (Ch) (04 December 2013)

Palmer & Harvey McLane Ltd v Garrad & Anor [2013] EWHC 3810 (Ch) (04 December 2013)

High Court (Administrative Court)

Odigie, R (on the application of) v Secretary of State for Justice [2013] EWHC 3795 (Admin) (04 December 2013)

Robinson, R (on the application of) v HMP Whatton & Anor [2013] EWHC 3777 (Admin) (04 December 2013)

Kumar, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3794 (Admin) (04 December 2013)

Source: www.bailii.org