What is the future for UK human rights? – Garden Court Chambers Blog

Posted August 6th, 2014 in constitutional law, human rights, international relations, news by sally

‘Human Rights analysis: What does the future hold for human rights in the UK? Stephanie Harrison QC at Garden Court Chambers warns repealing the Human Rights Act 1998 (HRA 1998) would be a seriously retrograde step, that would reverberate around the world.’

Full story

Garden Court Chambers Blog, 6th August 2014

Source: www.gclaw.wordpress.com

Revisiting Habitual Residence – The Court of Appeal Decision in Re H – Family Law Week

‘Deirdre Fottrell, Barrister of One Garden Court, considers the parameters of habitual residence and jurisdiction in the light of Re H (Jurisdiction) [2014] EWCA Civ 1101.’

Full story

Family Law Week, 6th August 2014

Source: www.familylawweek.co.uk

CoCos go pop – RPC Commercial Disputes Blog

Posted August 6th, 2014 in financial regulation, interest, loans, news by sally

‘In the wake of the banking crisis, the Financial Services Act 2012 gave the FCA a range of new and enhanced powers with which to pursue its regulatory objectives. Today, it has used – for the first time – one if its shiny new tools; the FCA has issued a Temporary Product Intervention Rule (TPIR).’

Full story

RPC Commercial Disputes Blog, 5th August 2014

Source: www.rpc.co.uk

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd – WLR Daily

Posted August 6th, 2014 in administrators, debts, energy, insolvency, law reports by sally

In re PGL Realisations plc and other companies; Laverty and others v British Gas Trading Ltd [2014] EWHC 2721 (Ch); [2014] WLR (D) 364

‘Charges arising under deemed contracts for supplies of gas and electricity to retail premises after the companies had entered into administration and after the premises had been vacated by the companies were provable debts within rule 13(12(1)(b) of the Insolvency Rules 1986.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Constance Briscoe removed from judicial office after jail disgrace – Daily Telegraph

‘Barrister and part-time judge stripped of office for her role in the Chris Huhne ‘points-swap’ scandal.’

Full story

Daily Telegraph, 6th August 2014

Source: www.telegraph.co.uk

The gaps in the welfare ‘safety net’ and the scope for using judicial review – Halsbury’s Law Exchange

‘Desmond Rutledge considers the use of judicial review as a remedy of last resort in welfare benefits cases where the claimant is in financial crisis.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

‘Juvenile’ TV science fan jailed for making pipe bombs – BBC News

Posted August 6th, 2014 in explosives, news, sentencing by sally

‘A science fan who made six pipe bombs after being inspired by a television show has been jailed for six months.’

Full story

BBC News, 5th August 2014

Source: www.bbc.co.uk

Appeal court backs publication of arrest names – Law Society’s Gazette

‘A man arrested but never charged over sexual offences has failed to persuade the Court of Appeal that newspapers should be barred from identifying him.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

Supreme Court agrees to hear case on eviction and disability discrimination – Local Government Lawyer

‘The Supreme Court has issued a last-minute order to prevent the eviction of a disabled social housing tenant.’

Full story

Local Government Lawyer, 6th August 2014

Source: www.localgovernmentlawyer.co.uk

Nominal damages for ‘negligent’ yacht advice – Law Society’s Gazette

Posted August 6th, 2014 in contracts, damages, guarantees, law firms, negligence, news, sale of goods by sally

‘A leading firm has avoided paying out significant damages despite admitting negligence when it gave advice on the purchase of a £3.6m yacht.’

Full story

Law Society’s Gazette, 5th August 2014

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted August 6th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Ali v R [2014] EWCA Crim 1658 (31 July 2014)

Court of Appeal (Civil Division)

IG Index Ltd v Cloete [2014] EWCA Civ 1128 (31 July 2014)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2014] EWCA Civ 714 (31 July 2014)

R, Re [2014] EWCA Civ 1110 (31 July 2014)

Wagenaar v Weekend Travel Limited (t/a Ski Weekend) [2014] EWCA Civ 1105 (31 July 2014)

Landau v The Big Bus Company Ltd & Anor [2014] EWCA Civ 1102 (31 July 2014)

Drysdale v The Department of Transport (The Maritime And Coastguard Agency) [2014] EWCA Civ 1083 (31 July 2014)

Tidal Energy Ltd v Bank of Scotland Plc [2014] EWCA Civ 1107 (31 July 2014)

MB v Secretary of State for Work And Pensions [2014] EWCA Civ 1112 (31 July 2014)

Rawlinson And Hunter Trustees S.A. & Ors v Director of the Serious Fraud Office [2014] EWCA Civ 1129 (31 July 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor [2014] EWCA Civ 1106 (31 July 2014)

High Court (Queen’s Bench Division)

NNN v D1 & Anor [2014] EWHC B14 (QB) (23 July 2014)

Gopaul & Anor v Naidoo & Anor [2014] EWHC 2684 (QB) (31 July 2014)

Chakrabarty v Ipswich Hospital NHS Trust & Anor [2014] EWHC 2735 (QB) (31 July 2014)

High Court (Administrative Court)

Gunduz, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 2688 (Admin) (31 July 2014)

A4 Metal Recycling v Secretary of State for Communities And Local Government & Anor [2014] EWHC 2524 (Admin) (31 July 2014)

Maries, R (On the Application Of) v London Borough of Merton [2014] EWHC 2691 (Admin) (31 July 2014)

Maries, R (On the Application Of) v London Borough of Merton [2014] EWHC 2689 (Admin) (31 July 2014)

Norton v Bar Standards Board [2014] EWHC 2681 (Admin) (31 July 2014)

High Court (Chancery Division)

Richmond Pharmacology Ltd v Chester Overseas Ltd & Ors [2014] EWHC 2692 (Ch) (01 August 2014)

Santander UK Plc v National Westminster Bank Plc & Ors [2014] EWHC 2626 (Ch) (31 July 2014)

High Court (Family Division)

Cumbria County Council [2014] EWHC 2596 (Fam) (28 July 2014)

Family Court Decisions (other Judges)

LW (A Child) [2014] EWFC B96 (4 August 2014)

LW (A Child) [2014] EWFC B97 (4 August 2014)

M S and B (Fact Finding) [2014] EWFC B95 (24 July 2014)

Lincolnshire County Council v LU & Ors [2014] EWFC B94 (17 July 2014)

High Court (Technology and Construction Court)

Stratton & Anor v Patel & Anor [2014] EWHC 2677 (TCC) (01 August 2014)

High Court (Patents Court)

Adaptive Spectrum And Signal Alignment, Inc v British Telecom Communications Plc [2014] EWHC 2730 (Pat) (22 July 2014)

Source: www.bailii.org

Should children give evidence in family proceedings? – Halsbury’s Law Exchange

‘The case concerned a five-year-old boy. The appellant, his father, had applied for contact. The mother had opposed, alleging violence and so a fact finding hearing was ordered. The mother wanted her 13-year-old daughter, from a different relationship, to give evidence about some of the alleged incidents. That child had never been asked about the incidents and had to date given no account, whether by an Achieving Best Evidence (ABE) interview or otherwise. The judge ordered Cafcass to meet with this child to explore matters further – in particular, whether that child should answer questions put to her in writing and/or give live evidence at the hearing. The father appealed that decision. After the hearing and before the father obtained a stay, Cafcass met the child. Cafcass recommended that the questions should be reworded and reduced in number and also that the child “should not be compelled to provide live evidence” and/or “subjected to live cross-examination”.’

Full story

Halsbury’s Law Exchange, 6th August 2014

Source: www.halsburyslawexchange.co.uk

‘Offensive’ Rio Christ statue advert banned by watchdog – BBC News

Posted August 6th, 2014 in advertising, Christianity, complaints, gambling, news, ombudsmen by sally

‘Complaints over an advert showing Rio de Janeiro’s Christ the Redeemer statue and a bikini-clad woman have been upheld by the advertising watchdog.’

Full story

BBC News, 6th August 2014

Source: www.bbc.co.uk

Lawyers must step up data protection measures after series of breaches, says watchdog – Daily Telegraph

Posted August 6th, 2014 in barristers, data protection, documents, news, ombudsmen, privacy, solicitors by sally

‘Christopher Graham, the Information Commissioner, highlights a series of recent privacy breaches by barristers and solicitors.’

Full story

Daily Telegraph, 5th August 2014

Source: www.telegraph.co.uk

What is the point of victim impact statements? – The Independent

Posted August 6th, 2014 in bereavement, confidentiality, data protection, evidence, judges, murder, news, parole, victims by sally

‘A parole judge has apologised to bereaved parents for saying that victim impact statements make no difference. So what are they really for? Paul Gallagher finds out.’

Full story

The Independent, 6th August 2014

Source: www.independent.co.uk

Union law review frozen after barrister objects to ministerial statements – The Guardian

Posted August 6th, 2014 in barristers, industrial action, inquiries, news, political parties, trade unions by sally

‘An independent review of laws governing industrial disputes has been dramatically scaled back after the QC in charge objected to recent ministerial announcements on introducing anti-strike laws.’

Full story

The Guardian, 5th August 2014

Source: www.guardian.co.uk

Energy price riggers to face jail under new proposals – BBC News

‘Anyone found guilty of rigging wholesale gas and electricity prices faces up to two years in jail, under new proposals by the government.’

Full story

BBC News, 6th August 2014

Source: www.bbc.co.uk

DRIP – Data Retention Regulations come into force – Panopticon

‘The introduction of the controversial draft Data Retention Regulations 2014 has already been discussed by my colleague Robin Hopkins in his excellent post last month. The Regulations now have the force of law, having come into force on 31 July 2014 – see the Regulations here. In his post, Robin made the point that, following the judgment in Digital Rights Ireland, there were two methods for curtailing the infringement of privacy rights presupposed by the existing communications data retention (CDR) regime: either cut back on the data retention requirements provided for under the legislation, so as generally to limit the potential for interference with privacy rights, or introduce more robust safeguards with a view to ensuring that any interference with privacy rights is proportionate and otherwise justified. The Government, which has evidently opted for the latter approach in the new Regulations, will now need to persuade a somewhat sceptical public that the safeguards which have been adopted in the legislation strike the right balance as between the protection of privacy rights on the one hand and the imperative to support criminal law enforcement functions on the other.’

Full story

Panopticon, 5th August 2014

Source: www.panopticonblog.com

Amina Agboola murder: Death-kick killer Dean Harris jailed – BBC News

‘A man who murdered his girlfriend’s two-year-old daughter by kicking her so hard he ruptured her liver, has been jailed for life.’

Full story

BBC News, 5th August 2014

Source: www.bbc.co.uk

The rise of the secret trial: Closed Material Procedures one year on – UK Human Rights Blog

‘Last week Justice Secretary Chris Grayling reported on how often closed material proceedings (CMPs) have been sought under the Justice and Security Act 2013 (JSA), as he is required to do annually under the Act. As the first and only official consolidated presentation of how the new CMP regime is being used, this two-page written ministerial statement warrants close attention.’

Full story

UK Human Rights Blog, 5th August 2014

Source: www.ukhumanrightsblog.com