‘Culture change’ needed to embrace fee-charging McKenzie friends – Law Society’s Gazette

‘Fee-charging McKenzie friends increase access to justice and make up a “legitimate feature of the modern legal market”, according to a report published today by watchdog the Legal Services Consumer Panel. The president of the Law Society described the panel’s findings as “worrying”.’

Full story

Law Society’s Gazette, 17th April 2014

Source: www.lawgazette.co.uk

Family head clamps down on care time limit, but hails pioneering court – Law Society’s Gazette

Posted April 17th, 2014 in care orders, courts, drug abuse, family courts, news, time limits by tracey

‘The Family Drug and Alcohol Court (FDAC) must be a “vital component” of the unified Family Court, the head of the Family Division said in a judgment highlighting the need for strict adherence to the time limit for resolving care cases.’

Full story

Family Law Week, 16th April 2014

Source: www.lawsocietygazette.co.uk

Is Time Running Out For Section 20 of The Children Act? – Family Law Week

Posted April 17th, 2014 in birth, care orders, children, local government, news, social services, time limits by tracey

‘Julie Stather, barrister of 42 Bedford Row, examines the recent use of section 20 and considers its future in the light of the impending 26 week limit for care proceedings.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

A Family Justice System Fit for Families – Family Law Week

Posted April 17th, 2014 in children, courts, delay, divorce, family courts, news, time limits by tracey

‘Justice Minister Simon Hughes MP welcomes the family justice changes which come into force on the 22nd April.’

Full story

Family Law Week, 16th April 2014

Source: www.familylawweek.co.uk

Divorce myths to be dispelled – Ministry of Justice

‘Separating couples will be given clear new guidelines setting out what they should expect when property and income is distributed by the courts, Simon Hughes has announced.’

Full press release

Ministry of Justice, 17th April 2014

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

Man jailed for breaching terror order – BBC News

‘A man has been sentenced to 15 months in prison after he breached the terms of the terror prevention measures placed upon him by the home secretary.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

A third of immigration arrests lead to deportation – BBC News

Posted April 17th, 2014 in immigration, news, statistics, warrants by tracey

‘Just over a third of immigration arrests following tip-offs from the public resulted in deportation in 2013, the Home Office has revealed.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

Lord Chief Justice steps into Strasbourg row – Daily Telegraph

Posted April 17th, 2014 in courts, extradition, human rights, judges, news, terrorism by tracey

‘Lord Thomas of Cwmgiedd urges European Court of Human Rights to leave terror extradition decisions to British courts.’

Full story

Daily Telegraph, 16th April 2014

Source: www.telegraph.co.uk

Impose tougher sentences for knife crimes, says top judge – Daily Telegraph

Posted April 17th, 2014 in judges, magistrates, news, offensive weapons, sentencing, young offenders by tracey

‘The most senior judge in England and Wales has called on magistrates to impose tougher sentences for youths who carry knives.’

Full story

Daily Telegraph, 16th April 2014

Source: www.telegraph.co.uk

Law Society urges people to leave instructions for their digital legacy – The Guardian

Posted April 17th, 2014 in intellectual property, internet, Law Society, news, wills by tracey

‘Solicitors organisation warns that too much valuable, intellectual property is in danger of being lost when we die.’

Full story

The Guardian, 16th April 2014

Source: www.guardian.co.uk

Haroon Aswat extradition decision postponed until June – BBC News

Posted April 16th, 2014 in extradition, human rights, mental health, news, terrorism by tracey

‘Home Secretary Theresa May has been given two months to seek assurances from the US about how a terror suspect will be treated if he is extradited.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

Paul Weller wins damages from the Mail Online – BBC News

‘Rock star Paul Weller has won £10,000 damages after pictures of his children were “plastered” on the Mail Online.’

Full story

BBC News, 16th April 2014

Source: www.bbc.co.uk

Intellectual property law – achieving a balance between the right to enforce and protecting innovation – Law Commission

‘Patents, trade marks and design rights are valuable intellectual property (IP) rights and vital to economic growth. They ensure that research and innovation is encouraged and rewarded. And, for some small businesses, they can represent their most significant assets. The law provides effective ways to enforce IP rights but these can be misused to drive competitors from the market. In a report published today, the Law Commission is recommending reforms that will allow individuals and businesses to protect their IP rights but not at the expense of new ideas and inventions.’

Full report

Law Commission, 15th April 2014

Source: www.justice.gov.uk/lawcommission

Schedule 7 Code of Practice – Home Office

‘Consultation on changes made to Schedule 7 to the Terrorism Act 2000 by the Anti-Social Behaviour, Crime and Policing Act 2014.’

Full text

Home Office, 15th April 2014

Source: www.gov.uk/home-office

Public and private law wrongs are not the same – Court of Appeal – UK Human Rights Blog

‘ Tchenguiz v. Director of the Serious Fraud Office [2014] EWCA Civ 472, 15 April 2014. This judgment is a neat illustration of how important it is to keep the concepts of public law and private law unlawfulness separate – they do not necessarily have the same legal consequences.’

Full story

UK Human Rights Blog, 15th April 2014

Source: www.ukhumanrightsblog.com

Spoiling the Broth – NearlyLegal

‘Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority’s decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove Car Park, Walthamstow, London, E17.’

Full story

NearlyLegal, 13th April 2014

Source: www.nearlylegal.co.uk

Regina (Refugee Action) v Secretary of State for the Home Department – WLR Daily

Posted April 16th, 2014 in asylum, benefits, budgets, EC law, immigration, judicial review, law reports, standards by tracey

Regina (Refugee Action) v Secretary of State for the Home Department: [2014] EWHC 1033 (Admin);   [2014] WLR (D)  167

‘The Home Secretary had acted unlawfully in failing to identify and take account of certain essential living needs for which provision had to be made in setting the level of cash support under section 96(1)(b) of the Immigration and Asylum Act 1999.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening) – WLR Daily

Regina (JC and another) v Central Criminal Court (Just for Kids Law intervening): [2014] EWHC 1041 (Admin);   [2014] WLR (D)  166

‘Any order made by any court under section 39 of the Children and Young Persons Act 1933 prohibiting the identification of (among others) a defendant under the age of 18 years could not extend to reports of the proceedings after the subject of the order had reached the age of majority at 18.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 16th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for Communities And Local Government v Hopkins Developments Ltd [2014] EWCA Civ 470 (15 April 2014)

Tchenguiz v Director of the Serious Fraud Office [2014] EWCA Civ 472 (15 April 2014)

Court of Appeal (Criminal Division)

Gary Hyde v The Queen [2014] EWCA Crim 713 (15 April 2014)

High Court (Administrative Court)

Derrin Brother Properties Ltd, R (on the application of) v HM Revenue and Customs & Ors [2014] EWHC 1152 (Admin) (15 April 2014)

Rose, R (on the application of) v Thanet Clinical Commissioning Group [2014] EWHC 1182 (Admin) (15 April 2014)

E v Secretary of State for the Home Department [2014] EWHC 1030 (Admin) (15 April 2014)

Gomes, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1169 (Admin) (15 April 2014)

High Court (Chancery Division)

Kaneria v Kaneria & Ors [2014] EWHC 1165 (Ch) (15 April 2014)

Christophorus 3 Ltd & Anor, Re [2014] EWHC 1162 (Ch) (15 April 2014)

Balevents Ltd & Anor v Sartori [2014] EWHC 1164 (Ch) (15 April 2014)

Briggs & Ors v Gleeds (Head Office) & Ors [2014] EWHC 1178 (Ch) (15 April 2014)

Gaydamak v Leviev [2014] EWHC 1167 (Ch) (15 April 2014)

High Court (Family Division)

P (A Child), Re [2014] EWHC 1146 (Fam) (15 April 2014)

London Borough of Haringey v Musa [2014] EWHC 1200 (Fam) (11 April 2014)

High Court (Queen’s Bench Division)

Ashworth & Ors v The Royal National Theatre [2014] EWHC 1176 (QB) (15 April 2014)

Murray v Associated Newspapers Ltd [2014] EWHC 1170 (QB) (15 April 2014)

High Court (Technology and Construction Court)

MT Højgaard A/s v E.ON Climate And Renewables & Ors [2014] EWHC 1088 (TCC) (15 April 2014)

Source: www.bailii.org

Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette

‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’

Full story

Law Society’s Gazette, 16th April 2014

Source: www.lawgazette.co.uk