Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd – WLR Daily

Regina (Bluefin Insurance Services Ltd) v Financial Ombudsman Service Ltd [2014] EWHC 3413 (Admin); [2014] WLR (D) 438

‘The question as to whether a complainant was a consumer for the purposes of the Financial Conduct Authority’s compulsory jurisdiction dispute resolution rules was a matter of precedent fact to be decided by the courts; it was not a question for Financial Ombudsman Service to determine that was reviewable only on conventional (“Wednesbury”) grounds.’

WLR Daily, 20th October 2014

Source: www.iclr.co.uk

Government not required to disclose full details of defence – UK Human Rights Blog

‘The High Court has ruled that in a case against the state which did not directly affect the liberty of the subject, there was no irreducible minimum of disclosure of the state’s case which the court would require. The consequences of such disclosure for national security prevailed.’

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UK Human Rights Blog, 27th October 2014

Source: www.ukhumanrightsblog.com

Finding your way – New Law Journal

Posted October 28th, 2014 in budgets, case management, disclosure, documents, law firms, news by sally

‘Jeffrey T Shapiro & James Morrey-Jones examine how law firms should budget for e-discovery post-Jackson.’

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New Law Journal, 27th October 2014

Source: www.newlawjournal.co.uk

BSB’s new approach to working with chambers can help improve barristers’ businesses – Bar Standards Board

Posted October 28th, 2014 in barristers, news, pilot schemes, reports by sally

‘Today [24 October] the Bar Standards Board (BSB) has published the findings of its pilot supervision visits to chambers. The supervision programme is part of the BSB’s new targeted and proportionate approach to regulation launched at the beginning of the year.’

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Bar Standards Board, 24th October 2014

Source: www.barstandardsboard.org.uk

BAILII: Recent Decisions

Posted October 28th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Halahan v R [2014] EWCA Crim 2079 (24 October 2014)

Court of Appeal (Civil Division)

Aster Healthcare Ltd v Shafi (The Estate of) [2014] EWCA Civ 1350 (24 October 2014)

Morris v Blackpool Borough Council & Anor [2014] EWCA Civ 1384 (24 October 2014)

Secretary of State for Communities and Local Government & Ors v Redhill Aerodrome Ltd [2014] EWCA Civ 1386 (24 October 2014)

K v The Hospital Managers of the Kingswood Centre & Anor [2014] EWCA Civ 1332 (23 October 2014)

Perry, R (On the Application Of) v London Borough of Hackney & Ors [2014] EWCA Civ 1372 (23 October 2014)

HTC Corporation v Gemalto SA [2014] EWCA Civ 1335 (22 October 2014)

Rees & Anor v Gateley Wareing (a firm) & Ors [2014] EWCA Civ 1351 (22 October 2014)

Foster & Anor v Action Aviation Ltd & Ors [2014] EWCA Civ 1368 (23 October 2014)

Sunrise Brokers LLP v Rodgers [2014] EWCA Civ 1373 (23 October 2014)

Standard Chartered Bank v Dorchester LNG (2) Ltd (Rev 1) [2014] EWCA Civ 1382 (22 October 2014)

G (A Child) [2014] EWCA Civ 1365 (22 October 2014)

Nzolameso v City of Westminster [2014] EWCA Civ 1383 (22 October 2014)

Source: www.bailii.org

Competition law and public services: insights from the OFT report into higher education – Competition Bulletin from Blackstone Chambers

Posted October 28th, 2014 in competition, education, news, reports, universities by sally

‘Recent public sector reforms have relied on choice and competition to increase the quality and quantity of service provision, whilst also controlling cost, through a programme known as Open Public Services. The use of choice and competition gives rise to public service markets, and ensuring that these markets function effectively is one of the Competition and Markets Authority’s declared objectives. Higher education constitutes one of the larger public service markets, and to understand how the market for undergraduate education in England functions, in October 2013, the OFT launched a Call For Information. Amongst other things, the OFT wished to consider whether it was plausible for universities to have arrived at a uniform fee for all their undergraduate courses without colluding, and whether the way prospective undergraduates apply for university places could harm competition between institutions, to the detriment of students. The OFT’s higher education report, published in March 2014, provides useful insights into the role of competition law in public service markets and of the challenges of apply competition law in public service markets.’

Full story

Competition Bulletin from Blackstone Chambers, 27th October 2014

Source: www.competitionbulletin.com

Seven years on, why is the Baby P case still making headlines? – The Guardian

Posted October 28th, 2014 in media, news, police, social services by sally

‘As a new BBC documentary claims to tell the untold story behind the case, Harry Ferguson argues that confidence in social work has been undermined.’

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The Guardian, 27th October 2014

Source: www.guardian.co.uk

Patrick O’Brien: How active were pre-2009 judges as parliamentarians? – UK Constitutional Law Association

Posted October 28th, 2014 in constitutional reform, judges, judiciary, news, parliament by sally

‘Is the question of anything more than historical interest? The Constitutional Reform Act 2005 precluded judicial peers from contributing to parliamentary debate from 1 October 2009. Many of the Law Lords were opposed to the change, and many judges are at least nostalgic for the past arrangements. The current Lord Chief Justice (LCJ) of England and Wales, Lord Thomas, and his immediate predecessor, Lord Judge, have both publicly regretted the fact that they cannot speak in Parliament on matters of importance to the judiciary. To the extent that the outlook of judges today is shaped partly by the feeling that they have lost a valuable platform, the issue is worth exploring. In fact judges were very infrequent contributors to parliamentary debate. Whilst past Lord Chief Justices – and other judicial peers – may have occasionally used the chamber of the Lords as a platform for articulating judicial viewpoints, all things considered they did so rarely.’

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UK Constitutional Law Association, 28th October 2014

Source: www.ukconstitutionallaw.org

Prisons struggling with old, sick and disabled people, says charity – The Independent

Posted October 28th, 2014 in disabled persons, elderly, news, prisons, reports by sally

‘Prisons are struggling to cope with the growing numbers of old, sick and disabled people behind bars, according to a prison charity.’

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The Independent, 28th October 2014

Source: www.independent.co.uk

Teenager who shot his girlfriend gets nine years’ detention for manslaughter – The Guardian

Posted October 28th, 2014 in firearms, gangs, homicide, news, robbery, sentencing, violence, young offenders by sally

‘A teenage boy who shot dead his girlfriend on his birthday has been sentenced to nine years’ detention for her manslaughter.’

Full story

The Guardian, 27th October 2014

Source: www.guardian.co.uk

How to be a feminist lawyer – Garden Court Chambers Blog

Posted October 28th, 2014 in barristers, legal profession, news, speeches, women by sally

‘Elizabeth Woodcraft and Alison Diduck, a Professor at University College London, speak about what it means to be a feminist barrister.’

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Garden Court Chambers Blog,

Source: www.gclaw.wordpress.com

Chris Huhne challenges court costs for points case – BBC News

Posted October 28th, 2014 in costs, news, road traffic offences, trials by sally

‘Former cabinet minister Chris Huhne is challenging a court order for £77,750 in costs relating to his prosecution for passing speeding points to his former wife.’

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BBC News, 28th October 2014

Source: www.bbc.co.uk

Judge orders Home Office border agency to explain sham company failures – Daily Telegraph

Posted October 28th, 2014 in disclosure, fraud, government departments, immigration, news, visas by sally

‘Judge Peter Ross criticises the Border Force for failing to follow up information which suggested Milton Keynes-based firm was operating an immigration scam.’

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Daily Telegraph, 27th October 2014

Source: www.telegraph.co.uk

Judge defends media blackout over death of Poppi Worthington – The Guardian

Posted October 28th, 2014 in children, families, homicide, media, news, police, reporting restrictions, sexual offences by sally

‘A high court judge has justified a controversial media blackout around the death of a baby in Cumbria by saying possible criminal proceedings could be prejudiced by any reporting of the case.’

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The Guardian, 27th October 2014

Source: www.guardian.co.uk

Three strikes and out? Major defeats for Government Judicial Review reform plans in the Lords – UK Human Rights Blog

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘Last night saw the important Report Stage consideration of Part 4 of the Criminal Justice and Courts Bill in the House of Lords. Angela Patrick, Director of Human Rights Policy at JUSTICE provides a summary.’

Full story

UK Human Rights Blog, 28th October 2014

Source: www.ukhumanrightsblog.com

‘People think that’s what Asians are doing’, says man banned from approaching girls – Daily Telegraph

Posted October 28th, 2014 in children, injunctions, news, sexual grooming, social services by sally

‘A High Court judge bans a group of men from approaching any girl under 18 with whom they are not personally associated after a vulnerable teenager is found in a hotel room.’

Full story

Daily Telegraph, 28th October 2014

Source: www.telegraph.co.uk

Fraud crackdown could wipe millions from the electoral roll – The Independent

Posted October 28th, 2014 in electoral register, fraud, news, young persons by sally

‘Millions of Britons could be unable to vote in future elections as a consequence of the Government’s crackdown on electoral fraud.’

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The Independent, 27th October 2014

Source: www.independent.co.uk

Inmate’s assault charge reinstated – BBC News

‘An inmate is to face trial over an alleged assault on a prison officer after a High Court judge quashed the decision to drop the case against him.’

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BBC News, 27th October 2014

Source: www.bbc.co.uk

House of Lords votes against Grayling’s plans to restrict judicial review access – The Guardian

Posted October 28th, 2014 in bills, judicial review, news, parliament by sally

‘The justice secretary, Chris Grayling, has suffered a defeat in a key House of Lords vote on his plans to curtail access to judicial review, which would have made it harder to challenge government decisions in court.’

Full story

The Guardian, 27th October 2014

Source: www.guardian.co.uk

Homeowners who fail to control Japanese knotweed face criminal prosecution under new anti-social behaviour laws – Daily Telegraph

Posted October 27th, 2014 in criminal justice, environmental protection, fines, news, prosecutions by sally

‘Home Office guidance updated this week says people can be fined up to £2,500 for not controlling invasive plant in move designed to tackle problem in residential areas.’

Full story

Daily Telegraph, 25th October 2014

Source: www.telegraph.co.uk