EVENT: The Inner Temple – Employed Bar Forum

Posted February 5th, 2014 in Forthcoming events by sally

‘The Inner Temple’s Employed Bar Forum is a new initiative that aims to bring together employed barristers for lectures, workshops and networking. It is open to all employed barristers and events are currently free to attend.’

Date: 3rd April 2014, 5.45pm

Location: Parliament Chamber, Inner Temple Treasury Building, London EC4Y 7HL

Charge: Free, registration required

More information can be found here.

BAILII: Recent Decisions

Posted February 5th, 2014 in law reports by sally

Supreme Court

Adamson & Ors v Paddico (267) Ltd [2014] UKSC 7 (5 February 2014))

Richardson & Anor v Director of Public Prosecutions [2014] UKSC 8 (5 February 2014)

Court of Appeal (Civil Division)

Roberts, R (on the application of) v The Commissioner of Police of the Metropolis & Ors [2014] EWCA Civ 69 (04 February 2014)

Flynn v Warrior Square Recoveries Ltd [2014] EWCA Civ 68 (04 February 2014)

High Court (Queen’s Bench Division)

Xenakis & Anor v Birkett Long LLP [2014] EWHC 171 (QB) (03 February 2014)

RBOS Shareholders Action Group Ltd v News Group Newspapers Ltd & Anor [2014] EWHC 130 (QB) (04 February 2014)

High Court (Chancery Division)

Maier & Anor v Asos Plc & Anor [2014] EWHC 123 (Ch) (04 February 2014)

Dass v Beggs & Anor [2014] EWHC 164 (Ch) (03 February 2014)

Kevern v Ayres & Anor [2014] EWHC 165 (Ch) (03 February 2014)

Bank of Scotland Plc v Greville Development Company (Midlands) Ltd & Ors [2014] EWHC 128 (Ch) (31 January 2014)

High Court (Administrative Court)

Kulibaba & Anor v Government of the United States of America [2014] EWHC 176 (Admin) (04 February 2014)

JM, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4430 (Admin) (04 February 2014)

High Court (Technology and Construction Court)

Courtwell Properties Ltd v Greencore PF (UK) Ltd [2014] EWHC 184 (TCC) (04 February 2014)

High Court (Commercial Court)

San Evans Maritime Inc & Ors v Aigaion Insurance Co SA [2014] EWHC 163 (Comm) (04 February 2014)

Source: www.bailii.org

Sale of ultra-cheap alcohol to be banned in England and Wales – The Guardian

Posted February 5th, 2014 in alcohol abuse, crime prevention, licensing, news by sally

‘The government is to ban the sale of alcohol at very cheap prices in England and Wales, the Home Office has announced.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Escaping dog not a “crime of violence” for purposes of criminal injuries compensation – UK Human Rights Blog

Posted February 5th, 2014 in criminal injuries compensation, dogs, news by sally

‘When considering whether to award compensation under the Criminal Injuries Compensation Scheme, the board must rest its determination of “crime of violence” on the act causing the injury, not its consequences. A breach of the provisions of the Dangerous Dogs Act is not necessarily a “crime of violence”.’

Full story

UK Human Rights Blog, 5th February 2014

Source: www.ukhumanrightsblog.com

Birmingham mosque stabbings: attacker insane at time, jury rules – The Guardian

Posted February 5th, 2014 in attempted murder, attempts, insanity, murder, news, wounding by sally

‘A mentally ill man who stabbed a police constable and two worshippers at a mosque was insane at the time of the offences, a jury has ruled.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Cellar girl case rapist Ilyas Ashar has sentence increased – BBC News

Posted February 5th, 2014 in appeals, news, rape, sentencing, trafficking in human beings by sally

‘A couple who trafficked a 10-year-old girl to the UK and kept her as a servant for almost a decade have had their sentences increased.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

QASA: time to move on – Halsbury’s Law Exchange

Posted February 5th, 2014 in advocacy, barristers, judicial review, news, quality assurance by sally

‘“It is a critical test of the freedom inherent in our democratic society that those accused (usually by the State) of committing criminal offences can and should be represented by capable criminal advocates…”

So opens the judgment, which was handed down last month by Lord Justice Leveson, in the judicial review of the Quality Assurance Scheme for Advocates (QASA). QASA, it ruled, “is lawful, does not contravene European law and falls well within the legitimate exercise of the powers of the LSB and the three regulators that submitted it to the LSB for approval”.’

Full story

Halsbury’s Law Exchange, 4th February 2014

Source: www.halsburyslawexchange.co.uk

PCSO James McIvor sentenced over police helicopter laser – BBC News

‘A PCSO who claimed he was looking for a cat when he was caught shining a laser pen beam at a police helicopter has been given a two-year community order.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) – WLR Daily

Posted February 5th, 2014 in care homes, fees, law reports, local government by sally

Aster Healthcare Ltd v Shafi (Representative of the estate of Mohammed Shafi, decd) [2014] EWHC 77 (QB); [2014] WLR (D) 42

‘Section 7 of the Mental Capacity Act 2005, which provided for payments for services by a person who lacked capacity, was not and could not be engaged where the services in question were provided to the mentally incapacitated individual under an arrangement made by the service provider with a local authority exercising its statutory duty under Pt III of the National Assistance Act 1948.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

RC v CC and another – WLR Daily

Posted February 5th, 2014 in adoption, children, Court of Protection, disclosure, human rights, law reports by sally

RC v CC and another [2014] EWHC 131 (COP); [2014] WLR (D) 43

‘The jurisdiction to refuse disclosure of materials to the parties in children cases was clearly established and the same fundamental principles applied in cases relating to incapacitated adults in the Court of Protection. The test to be applied was that of “strict necessity” and the question was whether it was necessary, in the interests of the incapacitated person, for the information not to be disclosed.’

WLR Daily, 30th January 2014

Source: www.iclr.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 5th, 2014 in confiscation, consent, joint enterprise, law reports, mistake, proceeds of crime by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Court of Appeal finds rape and human trafficking sentences unduly lenient –

Posted February 5th, 2014 in appeals, news, sentencing, trafficking in human beings by sally

‘Manchester couple who kept vulnerable woman as unpaid domestic servant see sentences increased.’

Full story

Attorney General’s Office, 4th February 2014

Source: www.gov.uk/ago

Will writer Keith Webber guilty of stealing £280,000 from clients – BBC News

‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

Call for review of rape complainants’ treatment after woman’s death – The Guardian

Posted February 5th, 2014 in complaints, news, police, rape, sexual offences, victims by sally

‘A police and crime commissioner has called for a review of how sex offence complainants are treated by the courts after the death of a woman days after a jury acquitted a man accused of raping her.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Charity Commission not fit for purpose, warn MPs – BBC News

Posted February 5th, 2014 in Charity Commission, enforcement, news by sally

‘The Charity Commission is not “fit for purpose” and has persistently failed to tackle abuses of charitable status properly, MPs have said.’

Full story

BBC News, 5th February 2014

Source: www.bbc.co.uk

Crackdown on lenient punishments will see 14,000 fewer cautions issued each year – Daily Telegraph

Posted February 5th, 2014 in cautions, news, police, punishment by sally

‘Chris Grayling, the Justice Secretary, announces plans for legislation to ban police from giving simple cautions to repeat offenders and those who commit serious crimes.’

Full story

Daily Telegraph, 5th February 2014

Source: www.telegraph.co.uk

Court of appeal rejects challenge over legality of stop-and-search powers – The Guardian

‘A woman who was stopped and searched by police after her Oyster travel card was refused has had a legal challenge dismissed by the court of appeal.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Court fees could exceed legal costs under government plans, lawyers warn – Litigation Futures

Posted February 5th, 2014 in costs, courts, fees, news by sally

‘The government’s proposals to increase court fees for commercial cases could lead to claimants facing a fee demand greater than their legal costs, litigators have warned.’

Full story

Litigation Futures, 5th February 2014

Source: www.litigationfutures.com

Lewis Dale guilty of murdering grandmother Irene Dale – BBC News

‘A teenager has been found guilty of the murder of his grandmother and the attempted murder of his grandfather in an attack “like the film Psycho”.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk