Criminals to pay towards cost of running courts – Ministry of Justice

Posted February 7th, 2014 in bills, costs, courts, criminal justice, press releases by tracey

‘Criminals will be made to pay towards the cost of their court case under legislation introduced to Parliament today by Justice Secretary Chris Grayling.’

Full press release

Ministry of Justice, 5th February 2014


Loss of capacity does not terminate solicitor’s retainer, High Court rules – Litigation Futures

Posted February 7th, 2014 in contracts, fees, news, solicitors by tracey

‘A client’s loss of mental capacity in the course of proceedings does not automatically terminate their solicitor’s retainer, the High Court ruled yesterday.’

Full story

Litigation Futures, 6th February 2014


High Court quashes “irrational” LeO decision against barrister but upholds record SDT fine – Legal Futures

‘A High Court judge has overturned a Legal Ombudsman (LeO) decision that a barrister had not earned his fee, but separately upheld a Solicitors Disciplinary Tribunal (SDT) decision to hand out a record fine.’

Full story

Legal Futures, 7th February 2014


“Unfair advantage” under the Trade Marks Directive – Competition Bulletin from Blackstone Chambers

Posted February 7th, 2014 in consumer protection, news, trade marks by tracey

‘Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo. On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally purchased, for about the same price, a House of Fraser product adorned with this equally delightful but nonetheless different bird. If you did get confused, it is perfectly understandable. After all, they’re both silhouettes of birds “equipped with accessories associated with an English gentleman”, as Mr Justice Arnold explained last week in Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 4th February 2014


Barrister who intentionally misled client over appeal to be disbarred – Bar Standards Board

Posted February 7th, 2014 in appeals, barristers, disciplinary procedures, drafting, news, professional conduct by tracey

‘A public disciplinary tribunal has this week ordered the disbarment of a barrister for intentionally misleading his client by drafting false grounds of appeal – despite knowing there were none.’

Full story

Bar Standards Board, 5th February 2014


‘War crimes’ defence against Israel company protest convictions fails in Supreme Court – UK Human Rights Blog

Posted February 7th, 2014 in defences, demonstrations, news, public order, trespass by tracey

‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’

Full story

UK Human Rights Blog, 7th February 2014


Ben Jaffey and Tom Hickman: Loading the Dice in Judicial Review: The Criminal Justice and Courts Bill 2014 – UK Constitutional Law Group

Posted February 7th, 2014 in bills, criminal justice, judicial review, legal aid, news by tracey

‘Public lawyers across the country are anxiously scrutinising yesterday’s response by the Lord Chancellor, Chris Grayling, to the Judicial Review consultation and the associated Criminal Justice and Courts Bill. They are seeking to ascertain the extent to which access to judicial review will be restricted and, in the case of many firms with legal aid contracts in public law, to see if whether their business will remain financially viable at all.’

Full story

UK Constitutional Law Group, 6th February 2014


Supreme Court allows removal of incorrectly-registered land from village greens register despite delays –

Posted February 7th, 2014 in commons, delay, land registration, news, rectification by tracey

‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’

Full story, 7th February 2014


Government JR reforms ‘take a sledgehammer to the rule of law’ – LegalVoice

Posted February 7th, 2014 in consultations, judicial review, legal aid, news, protective costs orders by tracey

‘Controversial proposals to restrict judicial review will go ahead by way of a “a tough package of reform”, the government confirmed yesterday. Publishing its response to the consultation, Judicial Review: Proposals for further reform, the justice secretary, Chris Grayling, said: “I believe in protecting judicial review as a check on unlawful executive action, but I am equally clear that it should not be abused, to act as a brake on growth.”

Full story

LegalVoice, 6th February 2014


Wills “mix-up” case – no reason for a flood of litigation – Halsbury’s Law Exchange

Posted February 7th, 2014 in mistake, news, rectification, solicitors, wills by tracey

‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’

Full story

Halsbury’s Law Exchange, 6th February 2014


Staff restructuring and efficiency savings – Education Law Blog

‘In Hazel and Huggins v Manchester College [2014] EWCA Civ 72 the Court of Appeal has dismissed the College’s appeal against a majority Employment Tribunal decision that the dismissals of two lecturers at HMP Elmley in Kent, Mrs Hazel and Mrs Huggins (“H&H”) were not for an “economic technical or organisational” (ETO) reason that entailed a change in the workforce, but were because they refused to agree to new, reduced terms, and this was connected to a TUPE transfer, making their dismissals automatically unfair.’

Full story

Education Law Blog, 7th February 2014


Recent Statutory Instruments –

Posted February 7th, 2014 in legislation by tracey

The Housing Benefit (Transitional Provisions) (Amendment) Regulations 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) Order 2014

The Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2014

The Olive Oil (Marketing Standards) Regulations 2014

The Football Spectators (2014 World Cup Control Period) (Amendment) Order 2014

The Housing Benefit (Miscellaneous Amendments) Regulations 2014

The St George’s Healthcare National Health Service Trust (Transfer of Trust Property) Order 2014


Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another – WLR Daily

Posted February 7th, 2014 in criminal injuries compensation, dogs, law reports, news, violence by tracey

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chamber) and another [2014] EWCA Civ 65;  [2014] WLR (D)  45

‘In order to determine whether conduct which amounted to an offence contrary to section 3(1) of the Dangerous Dogs Act 1991 of being the owner of a dog which was dangerously out of control in a public place was a “crime of violence”, for the purposes of the Criminal Injuries Compensation Scheme, it was necessary to have regard to the nature of the offence rather than its consequences. Negligently to allow a dog to escape, even a dog known to be aggressive, did not constitute a crime of violence.’

WLR Daily, 3rd February 2014


R (L) v West London Mental Health NHS Trust – WLR Daily

R (L) v West London Mental Health NHS Trust [2014] EWCA Civ 47 ;  [2014] WLR (D)  44

‘The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital. Where the decision was largely a clinically-based decision with a rationing aspect, there was a need for circumspection as to what procedure was required. Absent urgency, a clinical reason precluding notification, or some other reason such as the exposure of other patients or staff to the risk of harm, the “gists” of the letter of reference to the high security hospital by the hospital that wished to transfer the patient and the assessment by the clinician from the high security hospital ought to be provided to the patient and/or hisrepresentative, and the patient should be afforded an opportunity to make written submissions to the decision-making panel.’

WLR Daily, 29th January 2014


United States of America v Nolan – WLR Daily

United States of America v Nolan [2014] EWCA Civ 71;  [2014] WLR (D)  46

‘Employers who were public administrative bodies or sovereign states were not exempt from the obligation to consult employees’ representatives about proposed collective redundancies imposed by section 188(1) of the Trade Union and Labour Relations (Consolidation) Act 1992, as substituted.’

WLR Daily, 4th February 2014


BAILII: Recent Decisions

Posted February 7th, 2014 in law reports by tracey

Court of Appeal (Criminal Division)

Walker & Son (Hauliers) Ltd v Environment Agency [2014] EWCA Crim 100 (06 February 2014)

Onuigbo (aka Okoronkwo) v R [2014] EWCA Crim 65 (31 January 2014)

Harvey & Ors, R v [2014] EWCA Crim 54 (24 January 2014)

Cooke, & Ors, R. v [2014] EWCA Crim 53 (24 January 2014)

Virgin Media Ltd, R (on the application of) v Zinga [2014] EWCA Crim 52 (24 January 2014)

Court of Appeal (Civil Division)

Taylor v Burton & Anor [2014] EWCA Civ 63 (06 February 2014)

SXH v Crown Prosecution Service [2014] EWCA Civ 90 (06 February 2014)

Banwaitt v Dewji [2014] EWCA Civ 67 (06 February 2014)

SC Compania Nationala De Transporturi Aeriene Romane Tarom SA v Jet2.Com Litd [2014] EWCA Civ 87 (06 February 2014)

P (Findings of Fact), Re [2014] EWCA Civ 89 (06 February 2014)

Omv Supply And Trading AG v Kazmunaygaz Trading AG (Rev 1) [2014] EWCA Civ 75 (06 February 2014)

C (A Child), Re [2014] EWCA Civ 70 (06 February 2014)

Robinson v Chief Constable of West Yorkshire Police (Rev 1) [2014] EWCA Civ 15 (05 February 2014)

Hazel & Anor v The Manchester College [2014] EWCA Civ 72 (05 February 2014)

High Court (Administrative Court)

Freedman, R (On the Application Of) v Wiltshire Council [2014] EWHC 211 (Admin) (06 February 2014)

Earl, R (On the Application Of) v Winchester City Council [2014] EWHC 195 (Admin) (05 February 2014)

High Court (Commercial Court)

SET Select Energy GmbH v F & M Bunkering Ltd [2014] EWHC 192 (Comm) (06 February 2014)

Burntcopper Ltd (t/a Contemporary Design Unit) v International Travel Catering Association Ltd [2014] EWHC 148 (Comm) (06 February 2014)

High Court (Family Division)

D (a Child), Re [2014] EWHC 121 (Fam) (29 January 2014)


Steven Williams guilty of murdering Joanna Hall – BBC News

Posted February 7th, 2014 in murder, news by tracey

‘A chef who stabbed his girlfriend 40 times and waited five hours before calling 999 has been found guilty of murder at Swansea Crown Court.’

Full story

BBC News, 6th February 2014


Plebgate officer Keith Wallis jailed for 12 months – Daily Telegraph

Posted February 7th, 2014 in misfeasance in public office, news, police, sentencing by tracey

‘A police officer who lied about witnessing the Plebgate row was jailed for 12 months today. Keith Wallis, 53, of West Drayton, West London, sent an email to Conservative deputy chief whip John Randall, who was his MP, wrongly claiming that he had seen what happened as Andrew Mitchell left Downing Street on September 19, 2012.’

Full story

Daily Telegraph, 6th February 2014


Sophee Redhead cleared over Lydia Bishop nursery death – BBC News

‘A former nursery worker has been acquitted over the death of a three-year-old girl in her care. Lydia Bishop got her neck caught in a rope on an outdoor slide in September 2012, on what was her first full day at York College nursery. Sophee Redhead, 25, of York, had denied manslaughter by gross negligence.’

Full story

BBC News, 6th February 2014


Former headteacher at Nick Clegg’s school jailed for eight years for child abuse – Daily Telegraph

Posted February 7th, 2014 in child abuse, news, sentencing, sexual grooming, sexual offences, teachers by tracey

‘A former headteacher at the prep school attended by Deputy Prime Minister Nick Clegg has been sentenced to eight years’ imprisonment for abusing boys at the school.’

Full story

Daily Telegraph, 6th February 2014