Judge to probe ‘jihadist’ claims over boys, aged 11 and 12 – Daily Telegraph

Posted March 12th, 2014 in care orders, children, families, inciting religious hatred, Islam, news by tracey

‘Two young brothers could be taken into care after their mother warned they were being radicalised with extremist Islamist views by her estranged husband, the High Court was told.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

G4S repays UK government £108.9m after tagging scandal – BBC News

‘Troubled security firm G4S has agreed to repay £108.9m plus tax to the UK government after overcharging on contracts to tag offenders.’

Full story

BBC News, 12th March 2014

Source: www.bbc.co.uk

Plastic surgeon’s career in tatters after transsexual patient falsely claims he botched ear operation – Daily Telegraph

Posted March 12th, 2014 in compensation, cosmetic surgery, electronic mail, harassment, news by tracey

‘A plastic surgeon who brought liposuction to UK had his career almost ruined due to false claims by a transsexual who claimed he botched his ear operation. Dr Brian Mayou, founder of the Cadogan Clinic, 120 Sloane Street, Belgravia, became the target of a one-man campaign of abusive emails, calls, texts and online postings claiming he was a paedophile.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

Carer disguised herself as 81-year-old Alzheimer’s sufferer to steal £22,000 from pensioner – Daily Telegraph

Posted March 12th, 2014 in abuse of position of trust, carers, elderly, fraud, identity fraud, news, theft by tracey

‘A carer tried to disguise herself as an 81-year-old Alzheimer’s sufferer in a bid to steal £22,000 from a pensioner’s bank account.’

Full story

Daily Telegraph, 12th March 2014

Source: www.telegraph.co.uk

Prince Charles letters: attorney general acted unlawfully, say senior judges – The Guardian

‘Three senior judges have ruled that Dominic Grieve, the attorney general, acted unlawfully when he blocked the publication of letters written by Prince Charles to government ministers. The ruling, led by Lord Dyson, the head of the civil judiciary in England and Wales, paves the way for the release of the letters which reveal how the prince lobbied government ministers to change official policies.’

Full story

The Guardian, 12th March 2014

Source: www.guardian.co.uk

APIL granted permission to challenge HMRC policy on mesothelioma victims’ work records – Litigation Futures

‘The High Court is this week hearing a judicial review that claimant lawyers hope will strike down the deeply unpopular policy of HM Revenue & Customs that means it will only release the employment history of a mesothelioma victim to their lawyer with a High Court order.’

Full story

Litigation futures, 12th March 2014

Source: www.litigationfutures.com

Solicitor coroner struck off over £2m theft from clients to fund lavish lifestyle – Legal Futures

Posted March 12th, 2014 in compensation, costs, disciplinary procedures, executors, fraud, news, solicitors, theft, wills by tracey

‘A Gloucestershire solicitor who also served as the county’s coroner has been struck off after taking nearly £2m from clients to fund an extravagant lifestyle.’

Full story

Legal Futures, 11th March 2014

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 12th, 2014 in legislation by tracey

The Public Service Pensions (Employer Cost Cap) Regulations 2014

The Co-operative and Community Benefit Societies and Credit Unions (Investigations) Regulations 2014

The National Health Service Pension Scheme (Amendment) Regulations 2014

The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2014

The Pensions Increase (Commissioners of Irish Lights) Regulations 2014

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) Regulations 2014

The Buying Agency Trading Fund (Amendment) Order 2014

The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014

The CMA Registers of Undertakings and Orders (Available Hours) Order 2014

The Elections (Policy Development Grants Scheme) (Amendment) Order 2014

The Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2014

The Value Added Tax (Amendment) Regulations 2014

The National Health Service (Charges, Payments and Remission of Charges) (Uprating, Miscellaneous Amendments and Transitional Provision) Regulations 2014

The Wildlife and Countryside Act 1981 (Prohibition on Sale etc. of Invasive Non-native Plants) (England) Order 2014

The Designation of the Competition and Markets Authority as a National Competition Authority Regulations 2014

The Competition Act 1998 (Concurrency) Regulations 2014

The Enterprise Act 2002 (Publishing of Relevant Information under section 188A) Order 2014

The Enterprise Act 2002 (Merger Fees and Determination of Turnover) (Amendment) Order 2014

The Enterprise Act 2002 (Mergers) (Interim Measures: Financial Penalties) (Determination of Control and Turnover) Order 2014

The Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2014

Source: www.legislation.gov.uk

Mann v Mann – WLR daily

Mann v Mann: [2014] EWHC 537 (Fam);   [2014] WLR (D)  114

‘In proceedings to enforce an order for ancillary relief, not governed by FPR Pt 9, where the parties had made an agreement to engage in alternative dispute resolution (“ADR”) the court could exercise its powers under FPR r 3.3(1)(b) to enable ADR to take place even if one party was trying to back out of that agreement. Although it was not possible to compel the parties to take part in mediation, since that would operate as a bar to enforcement, it was possible to robustly encourage mediation by means of an “Ungley order” to make it clear that an unreasonable refusal to participate in the ADR might well attract a costs sanction.’

WLR Daily, 5th March 2014

Source: www.iclr.co.uk

Napoli v Ministero della Giustizia – Dipartimento dell’Amministrazione penitenziaria – WLR Daily

Posted March 12th, 2014 in EC law, employment, equality, law reports, public interest, sex discrimination, women by tracey

Napoli v Ministero della Giustizia – Dipartimento dell’Amministrazione penitenziaria: (Case C-595/12);   [2014] WLR (D)  115

‘Article 15 of Parliament and Council Directive 2006/54/EC precluded national legislation which, on grounds relating to the public interest, excluded a woman on maternity leave from a vocational training course which formed an integral part of her employment and which was compulsory in order to be able to be appointed definitively to a post as a civil servant and in order to benefit from an improvement in her employment conditions, while guaranteeing her the right to participate in the next training course, the date of which was nevertheless uncertain. Article 14(2), which provided that a difference of treatment based on a characteristic relating to sex did not constitute discrimination in relation to particular occupational activities, did not apply since the national legislation did not limit a specified activity solely to male workers but only delayed access to that activity for female workers who had been unable to receive full vocational training as a result of compulsory maternity leave. Both articles 14(1)(c) and 15 were sufficiently clear, precise and unconditional to have direct effect.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

Regina (Alansi) v Newham London Borough Council – WLR Daily

Regina (Alansi) v Newham London Borough Council: [2013] EWHC 3722 (Admin);   [2014] WLR (D)  117

‘The court’s approach to the interpretation of statements made by public bodies that were said to give rise to a legitimate expectation required it, inter alia, to ascertain the meaning which the authority’s statements would reasonably convey to the claimant in the light of all the background knowledge which he/she had in the situation in which she was at the time that the statements were made.’

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Mohamoud v Birmingham City Council – WLR Daily

Posted March 12th, 2014 in appeals, homelessness, housing, law reports, local government, statutory duty by tracey

Mohamoud v Birmingham City Council: [2014] EWCA Civ 227;   [2014] WLR (D)  119

‘The principle that a person conducting a review of a local housing authority’s decision as to what (if any) duty to provide accommodation it owed under section 193 of the Housing Act 1996 to an applicant could look at new matters to determine whether there was a “deficiency” in the decision for the purposes of regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 was not confined to points which the applicant could not have taken at the outset.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

Regina v Dang (Manh Toan) and others – WLR Daily

Posted March 12th, 2014 in appeals, conspiracy, drug offences, law reports, sentencing by tracey

Regina v Dang (Manh Toan) and others; [2014] EWCA Crim 348;   [2014] WLR (D)  118

‘For a defendant to be guilty of conspiring, contrary to the section 1 of the Criminal Law Act 1977, “to be concerned” in the production of a controlled drug, contrary to section 4(1)(b) of the Misuse of Drugs Act 1971, by supplying equipment to assist others to produce the drug, he had to share in the drug producer’s purpose and had to lend his assistance for that purpose. A generalised awareness that the equipment might be used for the unlawful purpose would not suffice.’

WLR Daily, 7th March 2014

Source: www.iclr.co.uk

Rubin v Rubin – WLR Daily

Posted March 12th, 2014 in appeals, costs, divorce, financial provision, law reports, legal services by tracey

Rubin v Rubin: [2014] EWHC 611 (Fam);   [2014] WLR (D)  116

‘Under section 22ZA(3) of the Matrimonial Causes Act 1973, as inserted, the court could not make a costs allowance unless it was satisfied that without the amount of the allowance the applicant would not reasonably be able to obtain appropriate legal services for the purposes of the proceedings or any part of the proceedings, and for the purpose of that provision the court had to be satisfied in particular that the applicant was not reasonably able to secure a loan to pay for the services.’

WLR Daily, 10th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 12th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

DT (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 259 (12 March 2014)

Samsung Electronics Co Ltd v Apple Retail UK Ltd & Anor [2014] EWCA Civ 250 (11 March 2014)

Shop Direct Group v Revenue & Customs [2014] EWCA Civ 255 (11 March 2014)

Court of Appeal (Criminal Division)

Gjikokaj, R v [2014] EWCA Crim 386 (11 March 2014)

High Court (Administrative Court)

Keep Streets Live Campaign Ltd v London Borough of Camden [2014] EWHC 607 (Admin) (11 March 2014)

Thapa, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 659 (Admin) (11 March 2014)

Timmins & Anor v Gedling Borough Council [2014] EWHC 654 (Admin) (11 March 2014)

Badre v Court of Florence, Italy [2014] EWHC 614 (Admin) (11 March 2014)

Holland v Secretary of State for Communities and Local Government & Ors [2014] EWHC 566 (Admin) (11 March 2014)

High Court (Chancery Division)

National Westminster Bank Plc v Lucas & Ors [2014] EWHC 653 (Ch) (11 March 2014)

Wellesley Partners Llp v Withers Llp [2014] EWHC 556 (Ch) (11 March 2014)

Prophet Plc v Huggett [2014] EWHC 615 (Ch) (11 March 2014)

Wade & Anor v British Sky Broadcasting Ltd [2014] EWHC 634 (Ch) (11 March 2014)

High Court (Queen’s Bench Division)

Jerrard v Blyth & Ors [2014] EWHC 647 (QB) (11 March 2014)

Source: www.bailii.org

Grayling rules out privatised courts – Law Society’s Gazette

Posted March 12th, 2014 in contracting out, costs, courts, fees, news, probation by tracey

‘Privatising the courts service is not on the government’s agenda, Chris Grayling, the justice secretary, told a free-market thinktank today.’

Full story

Law Society’s Gazette, 11th March 2014

Source: www.lawgazette.co.uk

From “Shaken Baby Syndrome” to “Non-Accidental Head Injury” – The Continuing Research and the Law – Family Law Week

‘David Bedingfield of 4 Paper Buildings charts the recent history of scientific research into serious non-accidental head injuries suffered by babies and the response of the family and criminal courts in England and Wales.’

Full story

Family Law week, 11th March 2014

Source: www.familylawweek.co.uk

Lady Justice Hallett to head IRA ‘on the runs’ inquiry – The Guardian

Posted March 12th, 2014 in fugitive offenders, inquiries, news, Northern Ireland, terrorism by tracey

‘A judge who was a coroner at the inquest into the July 7 London bombings will lead a government inquiry into the IRA “on the runs” controversy, it has been announced. Lady Justice Hallett has been appointed to chair the review which will conclude at the end of May.’

Full story

The Guardian, 11th March 2014

Source: www.guardian.co.uk

One in 20 prisoners are gipsies, says official report – Daily Telegraph

Posted March 12th, 2014 in news, ombudsmen, prisons, statistics, travellers, young offenders by tracey

‘ Gipsies make up one in 20 of the jail population, according to a new report by an official watchdog. Research by Nick Hardwick, the Chief Inspector of Prisons, found gipsies and travellers were “significantly over represented” in adult prisons in England and Wales, making up 5 per cent of the total.’

Full story

Daily Telegraph, 11th March 2014

Source: www.telegraph.co.uk

G4S may still face criminal proceedings over tagging scandal – justice secretary – The Guardian

‘G4S, the troubled giant private security company, still faces the possibility of criminal proceedings over its alleged overcharging of at least £24m on electronic tagging and prisoner escort contracts, the justice secretary, Chris Grayling, has said. His reminder comes as G4S makes a concerted attempt to have the current ban on bidding for fresh government contracts lifted.’

Full story

The Guardian, 11th March 2014

Source: www.guardian.co.uk