Martin Foran wins second miscarriage of justice appeal – BBC News

Posted October 17th, 2014 in appeals, miscarriage of justice, news, police, robbery by tracey

‘A terminally-ill man has won a second miscarriage of justice appeal over robberies he was mistakenly convicted of in the 1970s and 80s.’

Full story

BBC News, 17th October 2014

Source: www.bbc.co.uk

‘Background’ trade marks may be valid even if never used as registered , UK court rules – OUT-LAW.com

Posted October 17th, 2014 in appeals, EC law, news, trade marks by tracey

‘Wordless logo trade marks that are never used in isolation can defeat a legal challenge brought on the basis that they have never been used, a UK court has ruled.’

Full story

OUT-LAW.com, 16th October 2014

Source: www.out-law.com

Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com

Posted October 17th, 2014 in appeals, disciplinary procedures, duty of care, employment, news, universities by tracey

‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’

Full story

OUT-LAW.com, 16th October 2014

Source: www.out-law.com

Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

Full story

UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 17th, 2014 in legislation by tracey

The Immigration (Notices) (Amendment) Regulations 2014

The Education (Student Support) (Amendment) Regulations 2014

The Children and Families Act 2014 (Commencement No. 5 and Transitional Provision) Order 2014

The Immigration (Passenger Transit Visa) Order 2014

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014

The Representation of the People (Supply of Information) Regulations 2014

The Pensions Act 2014 (Commencement No. 3) Order 2014

Source: www.legislation.gov.uk

Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, law reports, news, time limits by tracey

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Posted October 17th, 2014 in appeals, civil procedure rules, fraud, law reports, practice directions by tracey

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 17th, 2014 in law reports by tracey

Court of appeal (Civil Division)

Exsus Travel Ltd & Ors v Turner & Anor [2014] EWCA Civ 1331 (16 October 2014)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2014] EWCA Civ 1349 (16 October 2014)

The Woodland Trust v Loring & Ors [2014] EWCA Civ 1314 (16 October 2014)

Southwell v Blackburn [2014] EWCA Civ 1347 (16 October 2014)

IOT Engineering Projects Ltd v Dangote Fertilizer Ltd & Anor [2014] EWCA Civ 1348 (16 October 2014)

Alladin, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1334 (16 October 2014)

Ali v Caton & Anor [2014] EWCA Civ 1313 (15 October 2014)

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319 (15 October 2014)

Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd (Rev 1) [2014] EWCA Civ 1294 (15 October 2014)

Court of Appeal (Criminal Division)

Antoine v R [2014] EWCA Crim 1971 (15 October 2014)

High Court (Administrative Court)

Marsden v Crown Prosecution Service [2014] EWHC 3359 (Admin) (16 October 2014)

High Court (Chancery Division)

Parkwell Investments Ltd v Wilson & Anor [2014] EWHC 3381 (Ch) (16 October 2014)

Hague Plant Ltd v Hague& Ors [2014] EWHC 3383 (Ch) (16 October 2014)

Ghassemian v Tigris Industries Inc [2014] EWHC 3362 (Ch) (15 October 2014)

High Court (Family Division)

London Borough of Barking & Dagenham v SS [2014] EWHC 3338 (Fam) (15 October 2014)

Source: www.bailii.org

 

Lord Chancellor should be “very senior lawyer” – Legal Futures

Posted October 17th, 2014 in barristers, judiciary, lord chancellor, news, parliament, rule of law by tracey

‘The Lord Chancellor should be a “very senior lawyer”, Nicholas Lavender QC, chairman of the Bar Council, has said. Justice secretary Chris Grayling told the House of Lords constitution committee this week that there were “no disadvantages” to the Lord Chancellor being, like him, a non-lawyer.’

Full story

Legal Futures, 17th October 2014

Source: www.legalfutures.co.uk

2014 Kalisher Lecture on the future of forensic science in criminal trials by the Lord Chief Justice – Judiciary of England and Wales

Posted October 17th, 2014 in criminal justice, expert witnesses, forensic science, speeches by tracey

‘The Rt. Hon. The Lord Thomas of Cwmgiedd, The Lord Chief Justice of England and Wales gave the 2014 CBA Kalisher Lecture on the 14 October 2014.’

Full speech

Judiciary of England and Wales, 16th October 2014

Source: www.judiciary.gov.uk

Amended practice statement – General Regulatory Chamber – Judiciary of England and Wales

Posted October 17th, 2014 in practice directions, tribunals by tracey

‘The Senior President of Tribunals has amended the practice statement regarding the composition of panels in the First-tier Tribunal (General Regulatory Chamber).’

Full practice statement

Judiciary of England and Wales, 17th October 2014

Source: www.judiciary.gov.uk

Dangerous dogs: tough new law to help prevent attacks – Home Office

Posted October 17th, 2014 in complaints, dogs, fines, local government, police, press releases, prosecutions by tracey

‘Tough new legal powers to help prevent thousands of dog attacks every year will be given to police forces and local authorities from Monday 20 October.’

Full press release

Home Office, 17th October 2014

Source: www.gov.uk/home-office

No further action to be taken following the death of Andrew Pimlott – Crown Prosecution Service

‘Following the death of Andrew Pimlott in Plymouth in April 2013, the Crown Prosecution Service (CPS) has determined that there is insufficient evidence to prosecute a police constable for gross negligence manslaughter or misconduct in public office.’

Full press release

Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

Bar Council Statement on the role of the Lord Chancellor – The Bar Council

Posted October 17th, 2014 in barristers, inquiries, judiciary, lord chancellor, parliament, press releases by tracey

‘Following the Lord Chancellor’s evidence on October 15 2014 to the House of Lords
Constitution Committee’s inquiry into the role of the Lord Chancellor, Nicholas Lavender QC, chairman of the Bar Council, said: “Justice is not a service that governments can choose to provide or not. It is a vital part of our constitutional arrangements. It needs to be defended and promoted to make the separation of powers a continuing reality and thereby to safeguard our democratic way of life for the future.” ‘

Full press release

The Bar Council, 16th October 2014

Source: www.barcouncil.org.uk

Father wins custody battle after being falsely accused of sexually abusing his daughter – Daily Telegraph

Posted October 17th, 2014 in child abuse, custody, news by tracey

‘A father has won custody of his daughter after his former partner falsely accused him of sexually abusing their child. The man was investigated by police and social workers after the woman said her daughter had made “disclosures of sexual abuse”. But Judge Jane Miller has ruled that the girl, now nine, should live with her father after concluding the woman’s allegations were untrue.’

Full story

Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

David Walliams settles phone-hacking damages claim – The Guardian

‘Actor and comedian David Walliams has settled his phone-hacking damages claim. Walliams, who is best known for the sketch show Little Britain but is also an author and a trustee of Comic Relief, accepted substantial undisclosed damages and his legal costs from News Group Newspapers, publisher of the now-defunct News of the World.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk

Plymouth burns death Taser policeman avoids prosecution – BBC News

Posted October 17th, 2014 in disciplinary procedures, homicide, misfeasance in public office, news, police by tracey

‘A police officer who Tasered a petrol-soaked man who then caught fire and died will not face criminal charges. He was being investigated for gross negligence manslaughter and misconduct in a public office over Andrew Pimlott’s death in Plymouth last year.’

Full story

BBC News, 16th October 2014

Source: www.bbc.co.uk

Hospital safety standards shocking, say inspectors – BBC News

Posted October 17th, 2014 in budgets, health & safety, hospitals, news, quality assurance, standards, statistics by tracey

‘Safety standards in hospitals in England are “shocking”, inspectors say. The warning by the Care Quality Commission came as it released the results for the first 82 hospital inspected under a new regime. The system has been designed to be tougher and was overhauled following the Stafford Hospital scandal.’

Full story

BBC News, 16th October 2014

Source: www.bbc.co.uk

Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk