Diplomat to chair Bar Standards Board – Legal Futures

Posted July 24th, 2014 in barristers, diplomats, news by sally

‘Sir Andrew Burns, a career diplomat, has been chosen to replace Baroness Ruth Deech as chair of the Bar Standards Board (BSB) from 1 January 2015.’

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Legal Futures, 22nd July 2014

Source: www.legalfutures.co.uk

Foreign criminal cannot be deported because of his right not to be discriminated against on grounds of illegitimacy – UK Human Rights Blog

Posted July 24th, 2014 in appeals, citizenship, deportation, human rights, news by sally

‘The proposed deportation to Jamaica of a man convicted of drug smuggling and manslaughter would breach his rights under Article 8 and Article 14 because he had not obtained British citizenship on grounds of illegitimacy, the High Court has ruled.’

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UK Human Rights Blog, 22nd July 2014

Source: www.ukhumanrightsblog.com

Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

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Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

Man fined for swallowing goldfish on film – BBC News

Posted July 24th, 2014 in animal cruelty, cautions, fines, news, private prosecutions by sally

‘A 20-year-old man from Suffolk has been fined £200 after he was filmed swallowing two goldfish as part of a ‘Neknominate” online dare.’

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BBC News, 23rd July 2014

Source: www.bbc.co.uk

Sacked Baby P chief Sharon Shoesmith won payout of more than £600,000 – The Guardian

Posted July 24th, 2014 in compensation, local government, news, social services, unfair dismissal by sally

‘Haringey council has had to pay out more than £600,000 to its former children’s services boss Sharon Shoesmith in compensation for unfair dismissal, unpaid wages, and pension contributions, according to reports.’

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The Guardian, 23rd July 2014

Source: www.guardian.co.uk

Rhys Ifans and Michael Barrymore awarded damages in phone hacking case – The Independent

Posted July 23rd, 2014 in damages, interception, media, news, privacy by sally

‘Rhys Ifans and Michael Barrymore have both received undisclosed damages at the close of their phone hacking lawsuit.’

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The Independent, 22nd July 2014

Source: www.independent.co.uk

Ian Watkins loses bid to reduce sentence for child sex offences – The Guardian

Posted July 23rd, 2014 in appeals, child abuse, news, sentencing, sexual offences by sally

‘Ian Watkins, the former lead singer of the Lostprophets, has lost a bid to reduce his 35-year sentence for a string of sex offences against children, including the attempted rape of a baby.’

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The Guardian, 23rd July 2014

Source: www.guardian.co.uk

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch);  [2014] WLR (D)  330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D)  328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012;  [2014] WLR (D)  331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011;  [2014] WLR (D)  329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department – WLR Daily

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department [2014] EWCA Civ 990 ;  [2014] WLR (D)  327

‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

In re M-F (Children) (Appeal: Case Management: Necessary Delay) – WLR Daily

Posted July 23rd, 2014 in adjournment, care orders, case management, children, delay, law reports by michael

In re M-F (Children) (Appeal: Case Management: Necessary Delay) [2014] EWCA Civ 991;  [2014] WLR (D)  326

‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

Regina v Jones (Nicholas) – WLR Daily

Posted July 23rd, 2014 in bad character, conspiracy, evidence, fraud, law reports, witnesses by michael

Regina v Jones (Nicholas) [2014] WLR (D)  319

‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same – WLR Daily

Posted July 23rd, 2014 in EC law, freedom of movement, law reports, legal profession by michael

Torresi v Consiglio dell’Ordine degli Avvocati di Macerata; Same v Same (Joined Cases C-58/13 and C-59/13 ECLI:EU:C:2014:2088;  [2014] WLR (D)  323

‘Article 3 of Parliament and Council Directive 98/5/EC to facilitate practice of the profession of lawyer on a permanent basis in a member state other than that in which the qualification was obtained (OJ 1998 L77, p 36) meant that no abuse could be identified in the fact that a national of a member state who, after successfully obtaining a university degree, had travelled to another member state in order to acquire the professional qualification of lawyer and then returned to the member state of which he was a national in order to practise the profession of lawyer under the professional title obtained in the member state where that professional qualification was acquired.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Tahir v Ministero dell’Interno and another – WLR Daily

Posted July 23rd, 2014 in EC law, families, freedom of movement, law reports by michael

Tahir v Ministero dell’Interno and another (Case C-469/13) ECLI:EU:C:2014:2094;  [2014] WLR (D)  322

‘Articles 4(1) and 7(1) of Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents (OJ 2004 L16, p 44) (as amended) meant that family members of a person who had already acquired long-term resident status could not be exempted from the condition laid down in article 4(1), under which, in order to obtain that status, a third-country national had to have resided legally and continuously in the member state concerned for five years immediately prior to the submission of the relevant application. Article 13 did not allow a member state to issue family members, as defined in article 2(e), with long-term residents’ EU residence permits on terms more favourable than those laid down by the Directive.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Drip surveillance law faces legal challenge by MPs – The Guardian

‘The application for a judicial review of the new legislation, which was passed with support from the three main parties, is to be mounted by the human rights organisation Liberty on behalf of the two backbench MPs.’

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The Guardian, 22nd July 2014

Source: www.guardian.co.uk

UK definition of terrorism ‘could catch political journalists and bloggers’ – The Guardian

Posted July 23rd, 2014 in investigatory powers, news, statutory interpretation, terrorism by michael

‘The current British definition of terrorism is so broadly drawn that it could even catch political journalists and bloggers who publish material that the authorities consider dangerous to public safety, said the official counter-terrorism watchdog.’

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The Guardian, 22nd July 2014

Source: www.guardian.co.uk

Developer seeks judicial review in relation to Rutland neighbourhood plan – OUT-LAW.com

Posted July 23rd, 2014 in judicial review, local government, news, planning by michael

‘Developer Larkfleet Homes has applied for judicial review in relation to the neighbourhood plan for a Rutland parish, according to a report in Planning Magazine.’

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OUT-LAW.com, 22nd July 2014

Source: www.out-law.com

Former Lostprophets singer Ian Watkins to contest 35-year sentence – The Guardian

Posted July 23rd, 2014 in appeals, child abuse, news, sentencing, sexual offences by michael

‘A panel of judges at Cardiff crown court will decide whether the convicted paedophile has grounds for appeal.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk