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

Source: www.litigationfutures.com

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

Source: www.legalfutures.co.uk

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.’

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UK Human Rights Blog, 19th December 2013

Source: www.ukhumanrightsblog.com

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.’

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UK Human Rights Blog, 18th December 2013

Source: www.ukhumanrightsblog.com

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.’

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UK Human Rights Blog, 16th December 2013

Source: www.ukhumanrightsblog.com

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.’

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UK Constitutional Law Group, 18th December 2013

Source: www.ukconstitutionallaw.org/blog

ICO fines payday loans company £175,000 over spam messaging – OUT-LAW.com

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

OUT-LAW.com, 17th December 2013

Source: www.out-law.com

UK copyright reforms to take effect in April 2014 – OUT-LAW.com

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.’

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OUT-LAW.com, 19th December 2013

Source: www.out-law.com

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

Source: www.legalvoice.org.uk

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

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

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

Source: www.legislation.gov.uk

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted December 19th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Buzzoni & Ors v Revenue & Customs, Re the Estate of Lia Kamhi (Deceased)) [2013] EWCA Civ 1684 (19 December 2013)

7722656 Canada Inc & Anor v The Financial Conduct Authority [2013] EWCA Civ 1662 (19 December 2013)

Khan v Royal Mail Group Ltd & Ors [2013] EWCA Civ 1659 (19 December 2013)

John Mander Pension Scheme Trustees Ltd v Revenue & Customs [2013] EWCA Civ 1683 (19 December 2013)

Flanagan & Anor v Greenbanks Ltd (t/a Lazenby Insulation) [2013] EWCA Civ 1702 (19 December 2013)

Lindsay v London School of Economics and Political Science [2013] EWCA Civ 1650 (18 December 2013)

J (Child) [2013] EWCA Civ 1685 (18 December 2013)

Champion, R (On the Application Of) v North Norfolk District Council & Ors (Rev 1) [2013] EWCA Civ 1657 (18 December 2013)

Bristol Alliance Nominee No 1 & Ors v Bennett & Ors [2013] EWCA Civ 1626 (18 December 2013)

Court of Appeal (Criminal Division)

Kwaik, R. v [2013] EWCA Crim 2397 (19 December 2013)

Smith, R. v [2013] EWCA Crim 2388 (18 December 2013)

High Court (Administrative Court)

Sienkiewicz, R (On the Application Of) v South Somerset District Council & Anor [2013] EWHC 4090 (Admin) (19) December 2013)

High Court (Chancery Division)

Patley Wood Farm Llp v Brake & Anor [2013] EWHC 4035 (Ch) (18 December 2013)

Seakom Ltd & Anor v Knowledgepool Group Ltd [2013] EWHC 4007 (Ch) (18 December 2013)

Storm Funding Ltd, Re [2013] EWHC 4019 (Ch) (18 December 2013)

High Court (Commercial Court)

Starbev GP Ltd v Interbrew Central European Holding BV [2013] EWHC 4038 (Comm) (18 December 2013)

High Court (Queen’s Bench Division)

Hall v The Ministry of Defence [2013] EWHC 4092 (QB) (19 December 2013)

Flood v Times Newspapers Ltd [2013] EWHC 4075 (QB) (19 December 2013)

Pike & Anor v The Indian Hotels Company Ltd [2013] EWHC 4096 (QB) (19 December 2013)

Kneafsey & Ors v Independent Television News Ltd & Ors [2013] EWHC 4046 (QB) (19 December 2013)

Brown v Hamid, Re Estate of Ronald Brown Deceased [2013] EWHC 4067 (QB) (19 December 2013)

Fox v Boulter [2013] EWHC 4012 (QB) (18 December 2013)

Ali Shah v North West London Hospital NHS Trust [2013] EWHC 4088 (QB) (18 December 2013)

High Court (Technology and Construction Court)

Venulum Property Investments Ltd v Space Architects Ltd & Ors [2013] EWHC 3948 (TCC) (17 December 2013)

Source: www.bailii.org


Court of Appeal cites Mitchell to refuse relief – Law Society’s Gazette

Posted December 19th, 2013 in appeals, case management, costs, news, police, time limits, witnesses by tracey

‘The Court of Appeal has cited the landmark Mitchell costs case for the first time to reject a defendant’s plea for relief from sanctions.’

Full story

Law Society’s Gazette, 18th December 2013

Source: www.lawgazette.co.uk

Children: Private Law Update (December 2013) – Family Law Week

Posted December 19th, 2013 in appeals, children, domestic violence, education, names, news, parental responsibility by tracey

‘Alex Verdan QC of 4 Paper Buildings considers a wide range of children private law issues which have recently come before the courts.’

Full story

Family Law Week, 18th December 2013

Source: www.familylawweek.co.uk

Banking reforms become law after getting Royal Assent – BBC News

Posted December 19th, 2013 in banking, bills, crime, financial regulation, news by tracey

‘Reforms to the UK banking sector aimed at making it more resilient after the 2008 financial crisis have become law. The Financial Services Bill was given Royal Assent on Wednesday after being approved by Parliament earlier.’

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BBC News, 19th December 2013

Source: www.bbc.co.uk

Boston double murder: Mehmet Ozen jailed for life – BBC News

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

‘A landlord convicted of two murders after a row over rent has been jailed for life.’

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BBC News, 18th December 2013

Source: www.bbc.co.uk

UK inquiry on rendition and torture to be handed to ISC – The Guardian

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

‘The stalled official inquiry into the UK’s involvement in rendition and torture in the years after 9/11 is to be handed to the controversial intelligence and security committee (ISC), the government will announce on Thursday.’

Full story

The Guardian, 18th December 2013

Source: www.guardian.co.uk