‘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.’
BBC News, 16th October 2014
Source: www.bbc.co.uk
‘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.’
The Guardian, 16th October 2014
Source: www.guardian.co.uk
‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’
The Guardian, 16th October 2014
Source: www.guardian.co.uk
‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’
Daily Telegraph, 16th October 2014
Source: www.telegraph.co.uk
‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’
Crown Prosecution Service, 16th October 2014
Source: www.cps.gov.uk
‘Rebekah Brooks’s husband Charlie has lost his bid to recover the £600,000 in legal fees he incurred as a result of being a co-defendant in the phone-hacking trial.’
The Guardian, 15th October 2014
Source: www.guardian.co.uk
‘In much of the UK, men on trial for killing their partner are no longer allowed to use the excuse of provocation. But are judges following the spirit of the law designed to eliminate sexism from the judicial process?’
BBC News, 15th October 2014
Source: www.bbc.co.uk
‘New figures show the controversial weapons were drawn or fired 10,488 times in England and Wales in the 12 months to the end of June.’
Daily Telegraph, 15th October 2014
Source: www.telegraph.co.uk
‘A deaf girl from Pakistan kept as a slave for nine years by a millionaire couple from Salford is to receive £100,000 in compensation.’
BBC News, 15th October 2014
Source: www.bbc.co.uk
‘A man has been banned from every drinking establishment in Greater London for 25 years after admitting numerous thefts.’
The Independent, 15th October 2014
Source: www.independent.co.uk
‘The number of rapes reported to and recorded by police in England and Wales are at their highest ever level, police figures have shown.’
BBC News, 16th October 2014
Source: www.bbc.co.uk
‘The Law Society has urged the Ministry of Justice to release for formal consultation a report on the criminal legal aid market which casts doubt on its controversial reform proposals.’
Law Society’s Gazette, 14th October 2014
Source: www.lawgazette.co.uk
‘The broadcaster Judy Finnigan has been the cynosure of all eyes after ill-considered remarks she made on ITV’s “Loose Women” show on Monday 13 October 2014, when referring to convicted rapist and sometime Wales international and Sheffield United footballer Ched Evans.’
Halsbury’s Law Exchange, 15th October 2014
Source: www.halsburyslawexchange.co.uk
‘Lord Justice Jackson has led the Court of Appeal in issuing a stark warning to advocates over submitting lengthy skeleton arguments, with his fellow judges making it clear that there will be no special treatment of Commercial Court litigation.’
Litigation Futures, 16th October 2014
Source: www.litigationfutures.com
‘Housing officers conspired to unlawfully evict a Sudanese refugee from his council flat and destroy his possessions, including memory sticks holding thousands of hours of work, before then covering up their wrongdoing, a judge has ruled.’
The Independent, 16th October 2014
Source: www.independent.co.uk
‘George Galloway will not face charges over a speech he made in August declaring Bradford an “Israel-free zone”.’
The Guardian, 16th October 2014
Source: www.guardian.co.uk
‘Expert witnesses are being subjected to greater scrutiny by the criminal courts, despite the government’s refusal to implement safeguards recommended by its own law reform advisers.’
The Guardian, 15th October 2014
Source: www.guardian.co.uk
‘As the opening comments of Charles Hollander QC in his judgment in King v Dubrey [2014] EWHC 2083, make clear, a donatio mortis causa (DMC) takes effect as a historic and anomalous exception to the requirements of the Wills Act. It involves… a present gift which takes effect in the future and remains conditional until the donor dies. On death it becomes absolute. It has previously been described as being of “an amphibious nature, being a gift which is neither entirely inter vivos nor testamentary.” The task for the Court is to distinguish between a genuine DMC and an attempt to make a testamentary gift other than in accordance with the Wills Act. The test has, for over one hundred and fifty years, been a high one –
“…no case of this description ought to prevail unless it is supported by evidence of the clearest and most unequivocal character.”’
Hardwicke Chambers, 25th September 2014
Source: www.hardwicke.co.uk
My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.
Full story (PDF)
New Square Chambers, 2nd October 2014
Source: www.newsquarechambers.co.uk
‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’
Littleton Chambers, 3rd October 2014
Source: www.littletonchambers.com
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