Finance and Divorce Update – Family Law Week

Posted April 11th, 2014 in divorce, financial provision, money laundering, news, pensions by sally

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

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Family Law Week, 11th April 2014


Closed Material – London Review of Books

‘Nicholas Phillips on the problems posed by the use of secret evidence.’

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London Review of Books, 17th April 2014


BAILII: Recent Decisions

Posted April 11th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Pershad, R. v [2014] EWCA Crim 692 (10 April 2014)

Court of Appeal (Civil Division)

Valilas v Januzaj [2014] EWCA Civ 436 (08 April 2014)

Lewis v Lewis [2014] EWCA Civ 412 (08 April 2014)

G (A Child) [2014] EWCA Civ 432 (08 April 2014)

NYK Bulkship (Atlantic) N.V. v Cargill International S.A. [2014] EWCA Civ 403 (08 April 2014)

Magmatic Ltd v PMS International Ltd [2014] EWCA Civ 408 (10 April 2014)

Asset Land Investment Plc & Anor v The Financial Conduct Authority (FCA) [2014] EWCA Civ 435 (10 April 2014)

High Court (Queen’s Bench Division)

JC & Anor v The Central Criminal Court [2014] EWHC 1041 (QB) (08 April 2014)

Farrugia v Burtenshaw & Ors [2014] EWHC 1036 (QB) (08 April 2014)

Love v Halfords Ltd [2014] EWHC 1057 (08 April 2014)

Medical Supplies And Services International Ltd vAcies Engineering Ltd & Anor [2014] EWHC 1032 (QB) (07 April 2014)

High Court (Chancery Division)

McTear & Anor v Engelhard & Ors [2014] EWHC 1056 (Ch) (10 April 2014)

E.Surv Ltd v Goldsmith Williams Solicitors [2014] EWHC 1104 (Ch) (10 April 2014)

Kershaw v Roberts (Representative of the Estate of Jones) & Anor [2014] EWHC 1037 (Ch) (10 April 2014)

Stemcor (SEA) Pte Ltd & Anor, Re [2014] EWHC 1096 (Ch) (10 April 2014)

High Court (Administrative Court)

Ashton, R. v [2014] EWHC 974 (Admin) (08 April 2014)

Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) (10 April 2014)

Manzarpour, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1086 (Admin) (10 April 2014)

AB & Anor, R (On the Application Of) v Huddersfield Magistrates’ Court & Anor [2014] EWHC 1089 (Admin) (10 April 2014)

High Court (Family Division)

An NHS Foundation Trust v Ab [2014] EWHC 1031 (Fam) (04 April 2014)

A & B v P Council [2014] EWHC 1128 (Fam) (21 March 2014)

Surrey County Council v AB & Ors [2014] EWHC 1115 (Fam) (21 March 2014)

MB v GK [2014] EWHC 1122 (Fam) (03 April 2014)

Y (A Child: Private Law: Interim Change of Residence) [2014] EWHC 1068 (Fam) (02 April 2014)

JP v NP [2014] EWHC 1101 (Fam) (09 April 2014)

High Court (Commercial Court)

United States of America (USA) v Abacha & Ors [2014] EWHC 993 (Comm) (08 April 2014)

Barclays Bank Plc v Svizera Holdings BV & Anor [2014] EWHC 1020 (Comm) (08 April 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 1102 (Comm) (11 April 2014)

Moran Yacht & Ship Inc v Pisarev & Anor Re 4YOU [2014] EWHC 1098 (Comm) (10 April 2014)

T&L Sugars Ltd v Tate & Lyle Industries Led [2014] EWHC 1066 (Comm) (10 April 2014)

High Court (Patents Court)

Hospira UK Ltd v Genentech Inc [2014] EWHC 1094 (Pat) (10 April 2014)

High Court (Technology and Construction Court)

Laker Vent Engineering Ltd (“Laker”) v Jacobs E&C Ltd (“Jacobs”) [2014] EWHC 1058 (TCC) (08 April 2014)


“Please Sir I Want Some More” – Family Law Week

Posted April 11th, 2014 in divorce, foreign jurisdictions, injunctions, news by sally

‘Sarah Lucy Cooper, barrister of Thomas More Chambers, examines the law on anti-suit injunctions and their role in financial remedies cases where one party seeks to pursue claims in another jurisdiction despite a final order having been made in this jurisdiction.’

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Family Law Week, 9th April 2014


Equitable Interests in Patents and Patent Applications – NIPC Law

Posted April 11th, 2014 in constructive trusts, equity, news, patents by sally

‘In Yeda Research and Development Company Ltd v. Rhone-Poulenc Rorer International Holdings Inc and Others [2007] Bus LR 1796, [2007] BusLR 1796, [2008] 1 All ER 425, [2007] UKHL 43 Lord Hoffmann described s.7 (2) and (3) of the Patents Act 1977 as “an exhaustive code for determining who is entitled to the grant of a patent.”‘

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NIPC Law, 10th April 2014


Small claims courts ‘failing the public’ – Daily Telegraph

Posted April 11th, 2014 in costs, delay, news, small claims by sally

‘Increasing costs and lengthy delays before hearings are causing people to shun small claims courts.’

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Daily Telegraph, 11th April 2014


Irascible does not mean incapable – Court of Protection – UK Human Rights Blog

Posted April 11th, 2014 in community care, medical treatment, news by sally

‘This was a case about determination of mental capacity, which both judge and counsel described as “particularly difficult and finely balanced”. The judge was confronted with a great deal of conflicting evidence about the capabilities of the individual in question, but concluded in the end that’

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UK Human Rights Blog, 10th April 2014


CoA dismisses silk VAT appeal but criticises judge’s handling of the case – The Lawyer

Posted April 11th, 2014 in appeals, barristers, judges, news, tax evasion, VAT by sally

‘A senior criminal judge has been criticised over his handling of a trial last year, which led to the conviction of former 39 Essex Street barrister Rohan Pershad QC.’

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The Lawyer, 10th April 2014


Frances Andrade suicide ‘could and should’ have been prevented – BBC News

Posted April 11th, 2014 in child abuse, news, police, reports, sexual offences, suicide, victims, witnesses by sally

‘The suicide of a violinist days after she testified in court against an ex-choirmaster “could and should” have been prevented, a report has said.’

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BBC News, 10th April 2014


Should judges question vulnerable witnesses? – Halsbury’s Law Exchange

Posted April 11th, 2014 in barristers, cross-examination, judiciary, news, professional conduct, witnesses by sally

‘Sir Keir Starmer, the former Director of Public Prosecutions, has been in the news this week with the suggestion that vulnerable witnesses should be questioned by the Judge in the case rather than by counsel, and this idea should give us pause to reflect on both the role of the judge and the role of the advocate.’

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Halsbury’s Law Exchange, 10th April 2014


Unwitting former partner plans legal action to prevent police from returning jailed paedophile’s laptop – The Independent

Posted April 11th, 2014 in child abuse, human rights, indecent photographs of children, news, police by sally

‘The unwitting former partner of a paedophile is planning legal action after a police force said it was powerless to retain or destroy the abuser’s laptop which contains photographs of his young victims wearing swimwear and leotards.’

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The Independent, 11th April 2014


Sharif Demirsay murder: Court scuffle after raid teens convicted – BBC News

Posted April 11th, 2014 in burglary, murder, news, young offenders by sally

‘Scuffles broke out inside a court after three teenagers were found guilty of murdering a grandfather in a raid for gold and cash at his bungalow.’

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BBC News, 10th April 2014


Nigel Evans verdict casts doubt over CPS decisions in sexual assault cases – The Guardian

Posted April 11th, 2014 in Crown Prosecution Service, evidence, news, prosecutions, sexual offences by sally

‘Former Commons deputy speaker’s acquittal suggests CPS may be too willing to bring charges when evidence is not very strong’

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The Guardian, 10th April 2014