January 2014 – Page 20 – Current Awareness

‘The Legal Services Consumer Panel has begun an investigation into the emergence of ‘professional’ McKenzie Friends who charge litigants in person for their services, it has emerged.’

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Legal Futures, 7th January 2014

Source: www.legalfutures.co.uk

High Court warns successful parties not to expect interest on pre-judgment costs – Litigation Futures

Posted January 7th, 2014 in costs, interest, news by sally

‘The High Court has given a strong steer that successful parties can rarely expect to recover interest on the fees they have already paid to their solicitors.’

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Litigation Futures, 7th January 2014

Source: www.litigationfutures.com

BSB statement on Public Access rules and international work – Bar Standards Board

Posted January 7th, 2014 in barristers, continuing professional development, news by sally

‘The new BSB Handbook (which is in force from today) changes the rules for barristers undertaking international work where instructions are received directly from a lay foreign client or a lay client in England and Wales in relation to a foreign matter.’

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Bar Standards Board, 6th January 2014

Source: www.barstandardsboard.org.uk

E-disclosure: 2014 & beyond – New Law Journal

Posted January 7th, 2014 in disclosure, documents, news by sally

‘Mark Surguy, Rob Jones & Tracey Stretton predict where law, technology & business are going in 2014 when it comes to e-disclosure.’

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New Law Journal, 6th January 2013

Source: www.newlawjournal.co.uk

BSB considers conduct of litigation “high risk” for barristers – Legal Futures

Posted January 7th, 2014 in advocacy, barristers, codes of practice, fees, news by sally

‘The Bar Standards Board (BSB) considers barristers conducting litigation a high-risk activity that could result in significant supervision costs and require a hike in practising certificate fees, it has emerged.’

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Legal Futures, 7th January 2013

Source: www.legalfutures.co.uk

Driver using no hands at 60mph banned for one year – The Guardian

Posted January 7th, 2014 in community service, dangerous driving, disqualification, driving licences, fines, news by sally

‘A man has been banned from driving after he was videoed by police driving with his hands behind his head at 60mph.’

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The Guardian, 6th January 2013

Source: www.guardian.co.uk

High Court judge dismisses office-to-home challenge by London boroughs – OUT-LAW.com

Posted January 6th, 2014 in appeals, housing, local government, London, news, planning by sally

‘The Government’s procedure in deciding which areas to exempt from recently introduced permitted development rights allowing offices to be transformed into homes without planning permission was fair, a High Court judge has decided.’

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OUT-LAW.com, 6th January 2014

Source: www.out-law.com

Royal Marine to appeal against conviction for shooting Taliban fighter – The Guardian

Posted January 6th, 2014 in Afghanistan, appeals, armed forces, courts martial, murder, news by sally

‘A British marine jailed for at least 10 years after being found guilty of murdering an injured Taliban insurgent has launched a legal fight against his conviction and the length of his sentence.’

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The Guardian, 6th January 2014

Source: www.guardian.co.uk

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

Posted January 6th, 2014 in appeals, breach of trust, complaints, confidentiality, data protection, disciplinary procedures, doctors, hospitals, law reports, privacy, professional conduct, Supreme Court by sally

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

Posted January 6th, 2014 in appeals, assault, detention, hospitals, law reports, mental health, rape, Scotland, Supreme Court by sally

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) [2013] UKSC 79 | UKSC 2012/0196 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

Posted January 6th, 2014 in adoption, appeals, families, guardianship, human rights, immigration, interpretation, law reports, Supreme Court by sally

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Review of Provision of Independent Criminal Advocacy: COIC and ATC Submission – The Inner Temple

Posted January 6th, 2014 in advocacy, inns of court, legal education, legal profession, news by sally

‘This paper is written by representatives of the Council of the Inns of Court and the Advocacy Training Council to assist the ‘Review of the Provision of Independent Criminal Advocacy’ currently being undertaken by Sir Bill Jeffrey at the request of the Secretary of State for Justice.’

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The Inner Temple, December 2014

Source: www.innertemple.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 6th, 2014 in legislation by sally

The Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2013

The Railway Byelaws Amendment Order 2013

The Infant Formula and Follow-on Formula (England) (Amendment) Regulations 2013

The Public Record Office (Fees) Regulations 2013

London Local Authorities and Transport for London Act 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 6th, 2014 in law reports by sally

Supreme Court

AA v Entry Clearance Officer (Addis Ababa) [2013] UKSC 81 (18 December 2013)

G v Scottish Ministers & Anor [2013] UKSC 79 (18 December 2013)

West London Mental Health NHS Trust v Chhabra [2013] UKSC 80 (18 December 2013)

Court of Appeal (Criminal Division)

RP v R. [2013] EWCA Crim 2331 (18 December 2013)

Court of Appeal (Civil Division)

Samuda v Secretary of State for Work and Pensions & Anor [2014] EWCA Civ 1 (02 January 2014)

High Court (Queen’s Bench Division)

AB v CD [2014] EWHC 1 (QB) (03 January 2014)

Schumann & Anor v Wasbrough [2013] EWHC 4070 (QB) (18 December 2013)

High Court (Administrative Court)

GMGRM North Ltd & Ors, R (on the application of) v Ritchie (HM Revenue and Customs Officer) & Anor [2013] EWHC 4115 (Admin) (20 December 2013)

Hockley v Essex County Council [2013] EWHC 4051 (Admin) (20 December 2013)

Forest of Dean District Council v Secretary of State for Communities And Local Government [2013] EWHC 4052 (Admin) (20 December 2013)

Cahill, Re Application for the Setting of A Minimum Term [2013] EWHC 4025 (Admin) (20 December 2013)

High Court (Commercial Court)

Gray v Smith & Ors [2013] EWHC 4136 (Comm) (20 December 2013)

Source: www.bailii.org

Finance and Divorce Update – Family Law Week

Posted January 6th, 2014 in budgets, children, cohabitation, dispute resolution, divorce, financial provision, judges, legal aid, marriage, news, Supreme Court by sally

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’

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Family Law Week, 2nd January 2014

Source: www.familylawweek.co.uk

Defamation reforms should cut claims but only after courts give guidance on how the new rules apply, says expert – OUT-LAW.com

Posted January 6th, 2014 in defamation, internet, news, time limits by sally

‘Changes to defamation laws should help cut the number of libel claims being brought before UK courts, an expert has said.’

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OUT-LAW.com, 3rd January 2014

Source: www.out-law.com

Shorthold tenancies and council tax liability – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, council tax, landlord & tenant, local government, news by sally

‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’

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NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

Revealed: the top cases of 2014 – The Lawyer

Posted January 6th, 2014 in civil justice, news by sally

‘The High Court will host some of the largest-value cases it has ever seen in 2014 – but only the biggest disputes will fight all the way.’

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The Lawyer, 6th January 2014

Source: www.thelawyer.com

The Legal Ombudsman: more than a paper tiger – UK Human Rights Blog

Posted January 6th, 2014 in complaints, fees, judicial review, jurisdiction, legal ombudsman, news, solicitors by sally

‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’

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UK Human Rights Blog, 3rd January 2014

Source: www.ukhumanrightsblog.com