Woman jailed for being drunk and abusive on flight from Crete to UK – The Guardian

Posted March 27th, 2014 in aircraft, alcohol abuse, news, sentencing by tracey

‘A woman has been jailed after admitting to being drunk and abusive on an aircraft.’

Full story

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Jimmy Savile: Schools and children’s homes face investigation – BBC News

Posted March 27th, 2014 in care homes, education, health, local government, news by tracey

‘Claims Jimmy Savile abused children at 21 children’s homes and schools in England must be investigated by local authorities, the government has said.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

West Midlands Police officers jailed for Oldbury house theft – BBC News

Posted March 27th, 2014 in guilty pleas, news, police, sentencing, theft by tracey

‘Two police officers who stole cash and cigarettes from a house have been jailed after being caught in a sting operation by their own force.’

Full story

BBC News, 27th March 2014

Source: www.bbc.co.uk

Rule committee sets the date for costs budgeting expansion – Litigation Futures

Posted March 27th, 2014 in budgets, civil procedure rules, costs, news by tracey

‘The extended costs budgeting regime for all multi-track cases worth up to £10m will come into force on 22 April, it was confirmed today.’

Full story

Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

Relief from sanctions application is not a “free ride” for other side to oppose, judge warns – Litigation Futures

Posted March 27th, 2014 in civil procedure rules, costs, news, sanctions by tracey

‘Parties opposing applications for relief from sanctions should not assume that they are going to get a “free costs ride” in opposing them, a High Court judge has warned.’

Full story

Litigation Futures, 27th March 2014

Source: www.litigationfutures.com

Damian Green: new rehabilitation powers for magistrates – Ministry of Justice

Posted March 27th, 2014 in magistrates, press releases, rehabilitation, supervision orders by tracey

‘Magistrates will be given new powers as part of the Government’s reforms of rehabilitation.’

Full press release

Ministry of Justice, 25th March 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2014 in legislation by tracey

The Financial Services (Banking Reform) Act 2013 (Commencement No. 4) Order 2014

The Non-Domestic Rating (Levy and Safety Net) (Amendment) Regulations 2014

The HGV Road User Levy (Exemption of Specified Roads) Order 2014

The Guardian’s Allowance Up-rating Order 2014

The Marriage of Same Sex Couples (Use of Armed Forces’ Chapels) Regulations 2014

The Civil Legal Aid (Procedure) (Amendment) Regulations 2014

The Parochial Fees and Scheduled Matters Amending Order 2014

The Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Bhatia Best Ltd v Lord Chancellor – WLR Daily

Posted March 27th, 2014 in appeals, homelessness, law firms, law reports, legal aid by tracey

Bhatia Best Ltd v Lord Chancellor: [2014] EWHC 746 (QB);   [2014] WLR (D)  142

‘In an appeal under section 204 of the Housing Act 1996 the county court was not “required by an enactment to make a decision applying the principles that are applied by the court on an application for judicial review” for the purposes of paragraph 19(10) of Schedule 1, Part 1 to the Legal Aid Sentencing and Punishment of Offenders Act 2012 with the result that the claimant was not entitled to receive civil legal aid funding for such an appeal.’

WLR Daily, 17th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 27th, 2014 in law reports by tracey

Supreme Court

Durkin v DSG Retail Ltd & Anor [2014] UKSC 21 (26 March 2014)

Kennedy v The Charity Commission [2014] UKSC 20 (26 March 2014)

Court of Appeal (Civil Division)

N v N [2014] EWCA Civ 314 (26 March 2014)

D (A Child) [2014] EWCA Civ 315 (26 March 2014)

Farah v London Borough of Hillingdon [2014] EWCA Civ 359 (26 March 2014)

Zurich Insurance Plc v Umerji [2014] EWCA Civ 357 (25 March 2014)

G (Children), Re [2014] EWCA Civ 336 (25 March 2014)

Shebelle Enterprises Ltd v The Hampstead Garden Suburb Trust Ltd [2014] EWCA Civ 305 (25 March 2014)

Mehjoo v Harben Barker (a firm) & Anor [2014] EWCA Civ 358 (25 March 2014)

Saville v Central Capital Ltd [2014] EWCA Civ 337 (24 March 2014)

High Court (Administrative Court)

Kaziu & Ors v Secretary of State for the Home Department [2014] EWHC 832 (Admin) (26 March 2014)

Loughlin v Singh & Ors [2014] EWHC 912 (Admin) (26 March 2014)

Moseka v Nursing and Midwifery Council [2014] EWHC 846 (Admin) (26 March 2014)

Nursing and Midwifery Council v Kidd & Anor [2014] EWHC 847 (Admin) (26 March 2014)

Nestwood Homes Developments Ltd, R (On the Application Of) v South Holland District Council [2014] EWHC 863 (Admin) (25 March 2014)

London Borough of Islington & Ors v The Mayor of London [2014] EWHC 751 (Admin) (25 March 2014)

Golfrate Property Management Ltd & Anor, R (On the Application Of) v The Crown Court At Southwark & Anor [2014] EWHC 840 (Admin) (25 March 2014)

Great Yarmouth Port Company & Anor, R (On the Application Of) v Marine Management Organisation & Anor [2014] EWHC 833 (Admin) (24 March 2014)

High Court (Chancery Division)

Brooke & Ors v Purton & Ors [2014] EWHC 547 (Ch) (26 March 2014)

First Subsea Ltd v Balltec Ltd & Ors [2014] EWHC 866 (Ch) (25 March 2014)

High Court (Commercial Court)

Sax v Tchernoy [2014] EWHC 795 (Comm) (26 March 2014)

Newland Shipping & Forwarding Ltd v Toba Trading FZC [2014] EWHC 864 (Comm) (26 March 2014)

Lakatamia Shipping Co Ltd v Su [2014] EWHC 796 (Comm) (20 March 2014)

High Court (Family Division)

MD v CT (Rev 1) [2014] EWHC 871 (Fam) (25 March 2014)

High Court (Patents Court)

Starsight Telecast Inc & Anor v Virgin Media Ltd & Ors [2014] EWHC 828 (Pat) (26 March 2014)

High Court (Queen’s Bench Division)

Johnston v League Publications Ltd & Ors [2014] EWHC 874 (QB) (26 March 2014)

White v Express Newspapers [2014] EWHC 814 (QB) (25 March 2014)

Source: www.bailii.org


High Court asks government to appear at South Bank village green hearing – OUT-LAW.com

Posted March 27th, 2014 in local government, news, planning by tracey

‘A High Court judge has adjourned a judicial review hearing of Lambeth Council’s decision that an application to register land at the Southbank Centre’s skateboard undercroft as a village green was not valid to ask the UK government to appear at the hearing.’

Full story

OUT-LAW.com, 25th March 2014

Source: www.out-law.com

English courts will not generally interfere with court proceedings in Brussels Regulation member states, expert says – OUT-LAW.com

Posted March 27th, 2014 in abuse of process, courts, foreign jurisdictions, injunctions, news by tracey

‘A recent High Court decision shows that courts in England will not usually interfere with litigation taking place in other countries that are signatories to the Brussels Regulation, an expert has said.’

Full story

OUT-LAW.com, 27th March 2014

Source: www.out-law.com

Supreme Court: Strasbourg’s mixed messages about Article 10 and any right to receive information – UK Human Rights Blog

‘Kennedy v. Charity Commission et al, Supreme Court, 26 March 2014. In judgments running to 90 pages, the Supreme Court dismissed this appeal by Mr Kennedy, a Times journalist, for access to documents generated by the Charity Commission under the Freedom of Information Act 2000 concerning three inquiries between 2003 and 2005 into the Mariam Appeal. This appeal was George Galloway’s response to the sanctions imposed on Iraq following the first Gulf War, and little Mariam was a leukaemia sufferer. Mr Kennedy’s suspicion, amongst others, was that charitable funds had been used by Galloway for political campaigning.’

Full story

UK Human Rights Blog, 26th March 2014

Source: www.ukhumanrightsblog.com

Prisoners’ Legal Aid, Malayan Killings and the Role of the Judiciary – the Human Rights Roundup – UK Human Rights Blog

‘This week, a challenge to the legal aid reforms by the Howard League for Penal Reform is rejected, while campaigners seeking an inquiry into the action of British soldiers in Malaya in 1948 face similar disappointment. Meanwhile, some of the most senior judges in the UK give their views on the role of the judiciary today.’

Full story

UK Human Rights Blog, 23rd March 2014

Source: www.ukhumanrightsblog.com

No maternity rights for surrogate parents? – Halsbury’s Law Exchange

‘In the recent cases of CD v ST and Z v A Government Department and the Board of Management of a Community School, the ECJ clarified the EU position regarding the protections and benefits that should be afforded to mothers having children through surrogacy arrangements.’

Full story

Halsbury’s Law Exchange, 26th March 2014

Source: www.halsburyslawexchange.co.uk

Deprivation of liberty – time to rip up the DOLS regime and start again – Halsbury’s Law Exchange

‘The dust is now beginning to settle, slightly, after the earthquake that was the decision of the Supreme Court in the conjoined appeals of Cheshire West and P and Q, which extends the criteria for determining whether living arrangements made for mentally incapacitated individuals amount to a deprivation of liberty.’

Full story

Halsbury’s Law Exchange, 25th March 2014

Source: www.halsburyslawexchange.co.uk

Policeman must apologise to blind man he shot with Taser – The Guardian

Posted March 27th, 2014 in complaints, disabled persons, firearms, news, police, professional conduct by tracey

‘A police officer has been asked to apologise to a blind man whom he shot with a Taser when he mistook his white stick for a samurai sword.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

Judge refuses whiplash damages as he criticises Britain’s ‘compensation culture’ – Daily Telegraph

Posted March 27th, 2014 in compensation, expert witnesses, judges, news, personal injuries by tracey

‘Britain’s compensation culture is a “national phenomenon,” a High Court judge said as he refused to grant damages to two women to “stem the tide” of fake insurance claims.’

Full story

Daily Telegraph, 26th March 2014

Source: www.telegraph.co.uk

Jury gives open verdict on teenager who died after ‘relationship with star’ – The Guardian

Posted March 27th, 2014 in duty of care, health, inquests, mental health, news, suicide by tracey

‘There were “shortcomings” in the care given to a teenager who died in a psychiatric unit after allegedly being pressured by a male celebrity into sexual activity, an inquest jury has concluded.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk

Richard Durkin: ‘Mixed feelings’ for the man who fought a £250,000 16-year PC World laptop credit dispute with HFC bank – The Independent

Posted March 27th, 2014 in appeals, banking, consumer credit, damages, duty of care, news, rescission, Supreme Court by tracey

‘A man placed on a credit blacklist after a row over payments for a laptop computer said today he had “mixed feelings” despite winning a court battle that lasted 16 years.’

Full story

The Independent, 26th March 2014

Source: www.independent.co.uk

‘Giant’ criminal Jude Medcalf freed as jail bed too small – BBC News

Posted March 27th, 2014 in community service, disabled persons, firearms, human rights, news, prisons by tracey

‘A 7ft 2ins-tall (2.2m) criminal has been released from custody after a judge accepted prison beds and uniforms were too small for him.’

Full story

The Guardian, 26th March 2014

Source: www.guardian.co.uk