Connah Smith jailed for nurses murder bid – BBC News

‘A man found guilty of attempting to murder two trainee nurses who were stabbed, doused with petrol and almost set on fire has been jailed for life.’

Full story

BBC News, 11th November 2014


Secretive terror trial to be re-run after jury is discharged – The Guardian

Posted November 11th, 2014 in juries, media, news, reporting restrictions, retrials, terrorism by tracey

‘The highly secretive trial of a man accused of plotting a terrorist attack in London is to be re-run after an Old Bailey jury was discharged. Erol Incedal, 26, is expected to appear in court for a second time next year. He had pleaded not guilty to a charge, brought under the Terrorism Act 2006, that he intended to commit acts of terrorism or assist another to commit them between 1 February 2012 and 14 October last year.’

Full story

The Guardian, 11th November 2014


Be wary of judicial slogans – Jonathan Sumption – UK Human Rights Blog

Posted November 11th, 2014 in human rights, judges, news, proportionality, speeches by tracey

‘In his lecture to the Administrative Law Bar Association earlier this month, Lord Sumption surveys the concept of “anxious scrutiny” – a judicial method which he characterises as a forerunner to the principle of proportionality. The term was actually coined by Lord Bridge in Bugdaycay (1986), and was meant to apply where the rights engaged in a case were sufficiently fundamental, and stretched the traditional “Wednesbury” test to public authority decisions or actions which were not, on the face of it, irrational. (The citation given in the PDF of the speech incidentally is incorrect). The same way of thinking had been arrived at in the US courts a few years earlier, with their “hard look” doctrine, but to Lord Sumption there was something peculiarly English about the “crab-like” way in which our courts approached and eventually acknowledged this doctrine, hitherto alien to the judicial toolbox.’

Full story

UK Human Rights Blog, 10th November 2014


FCA fines and bans senior Swinton management figures over sales culture failings –

Posted November 11th, 2014 in company directors, financial regulation, fines, insurance, news by tracey

‘The former chief executive, finance director and marketing director at a UK insurance provider have been served with fines by the Financial Conduct Authority (FCA) and banned from taking senior positions at other financial services companies in the future.’

Full story, 10th November 2014


Tribunal must give disputing parties chance to query legal approach neither party advocates, says High Court –

Posted November 11th, 2014 in appeals, arbitration, charterparties, news, tribunals by tracey

‘A Tribunal tasked with resolving a dispute that goes to arbitration should not decide the outcome of the case by adopting a legal approach neither of the parties to the dispute has put forward without allowing the parties to query that approach, the High Court has ruled.’

Full story, 10th November 2014


Street Tweet not so neat – Sports Law Bulletin from Blackstone Chambers

Posted November 11th, 2014 in disqualification, fines, freedom of expression, internet, news, sport by tracey

‘Football managers and coaches are not infrequently subjected to disciplinary sanctions by football regulatory bodies for speaking out about referees and such like. It is comparatively rarer for players to be sanctioned for expressing themselves, although this has now happened twice to QPR and sometime England midfielder and avid tweeter Rio Ferdinand.’

Full story

Sports Law Bulletin from Blackstone Chambers, 10th November 2014


Top QC calls for enquiry into expert witness misconduct – Litigation Futures

‘A leading barrister has called for a study to examine whether anecdotal evidence of abuse and misconduct by expert witnesses is on the “industrial scale” alleged by some, as funding arrangements increase the risk of malpractice.’

Full story

Litigation Futures, 10th November 2014


High Court denies Lord Chancellor relief from sanctions in legal aid dispute – Litigation Futures

Posted November 11th, 2014 in law firms, legal aid, lord chancellor, news, sanctions by tracey

‘The High Court has denied the Lord Chancellor relief from sanctions in a case involving an attempt by the Legal Aid Agency (LAA) to reclaim £160,000 plus interest from a former law firm 16 years after the final payments were made.’

Full story

Litigation Futures, 11th November 2014


The Peter Wanless and Richard Whittam QC review – Home Office

Posted November 11th, 2014 in child abuse, government departments, police, reports, sexual offences by tracey

‘This written ministerial statement was laid in the House of Commons by Theresa May and in the House of Lords by Lord Bates.’

Full statement

Full review

Home Office, 11th November 2014


Bar Council chief says barristers are here to stay – The Bar Council

Posted November 11th, 2014 in barristers, legal aid, press releases, speeches by tracey

‘The Chairman of the Bar Council, Nicholas Lavender QC, has described the recent legal aid cuts as “the biggest onslaught on access to justice through legal aid” there has ever been, but says the justice system might be at a turning point.’

Full press release

The Bar Council, 8th November 2014


Recent Statutory Instruments –

Posted November 11th, 2014 in legislation by tracey

The Legal Services Act 2007 (Approved Regulator) (No.2) Order 2014

The Recovery of Costs (Remand to Youth Detention Accommodation) (Amendment) (No. 3) Regulations 2014

The Health and Social Care Act 2008 (Regulated Activities) Regulations 2014


Regina v P (J); Regina v Lubemba – WLR Daily

Posted November 11th, 2014 in children, criminal procedure, cross-examination, evidence, law reports, trials, witnesses by tracey

Regina v P (J); Regina v Lubemba: [2014] WLR (D) 472

‘The court gave guidance as to what measures a trial judge might legitimately take to protect a vulnerable witness without impacting adversely on the right of a defendant to a fair trial.’

WLR Daily, 9th October 2014


Interflora Inc and another v Marks and Spencer plc (No 5) – WLR Daily

Posted November 11th, 2014 in advertising, appeals, burden of proof, internet, law reports, trade marks by tracey

Interflora Inc and another v Marks and Spencer plc (No 5): [2014] EWCA Civ 1403; [2014] WLR (D) 473

‘On a claim for infringement of a trade mark under article 5(1)(a) of Council Directive 89/104/EEC through keyword advertising the onus of proof lay on the trade mark proprietor to establish that the advertisement complained of did not enable normally informed and reasonably attentive Internet users, or enabled them only with difficulty, to ascertain whether the goods or services referred to by the advertisement originated from the trade mark proprietor or an undertaking economically connected to it or, on the contrary, originated from a third party.’

WLR Daily, 5th November 2014


BAILII: Recent Decisions

Posted November 11th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

S (Children) [2014] EWCA Civ 1447 (07 November 2014)

Oldfield, R (on the Application of) v Secretary of State for the Communities and Local Government & Ors [2014] EWCA Civ 1446 (07 November 2014)

Hussain v General Medical Council [2014] EWCA Civ 2246 (07 November 2014)

Court of Appeal (Criminal Division)

Clifford, R v [2014] EWCA Crim 2245 (07 November 2014)

High Court (Administrative Court)

Equiom (Isle of Man) Ltd & Ors v London Borough of Croydon [2014] EWHC 3660 (Admin) (10 November 2014)

Sainsbury’s Supermarkets Ltd, R (on the application of) v The Independent Reviewer of Advertising Standards Authority Adjudications [2014] EWHC 3680 (Admin) (10 November 2014)

Harkins, R (on the Application of) v The Secretary of State for the Home Department & Anor [2014] EWHC 3609 (Admin) (07 November 2014)

Joicey, R (on the Application of) v Northumberland County Council [2014] EWHC 3657 (Admin) (07 November 2014)

C1 and C2, R (on the Application of) v London Borough of Hackney [2014] EWHC 3670 (Admin) (07 November 2014)

Solar Century Holdings Ltd & Ors v Secretary of State for Energy & Climate Change [2014] EWHC 3677 (Admin) (07 November 2014)

Bibi & Ors, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 3685 (Admin) (07 November 2014)

Howell v Secretary of State for Communities and Local Government & Ors [2014] EWHC 3627 (Admin) (07 November 2014)

UK Power Networks Services (Contracting) Ltd, R (on the Application of) v The Gas and Electricity Markets Authority & Ors [2014] EWHC 3678 (Admin) (07 November 2014)

BCZ v Secretary of State for the Home Department & Ors [2014] EWHC 3585 (Admin) (07 November 2014)

Philip Morris Brands Sarl , R (on the Application of) v The Secretary of State for Health & Ors [2014] EWHC 3669 (Admin) (07 November 2014)

Woodman-Smith v Architects Registration Board [2014] EWHC 3639 (Admin) (07 November 2014)

High Court (Chancery Division)

Brudenell -Bruce v Moore & Ors [2014] EWHC 3679 (Ch) (07 November 2014)

High Court (Commercial Court)

Toyota Tsusho Sugar Trading Ltd v Prolat SRL [2014] EWHC 3649 (Comm) (07 November 2014)

High Court (Queen’s Bench Division)

Iraqi Civilians v Ministry of Defence [2014] EWHC 3686 (QB) (07 November 2014)

The Lord Chancellor v Former Partnership of Taylor Willcocks Solicitors & Ors [2014] EWHC 3664 (QB) (07 November 2014)

Cornick, R. v [2014] EWHC 3623 (QB) (03 November 2014)

High Court (Technology and Construction Court)

Eurocom Ltd v Siemens Plc [2014] EWHC 3710 (TCC) (07 November 2014)

Group M UK Ltd v Cabinet Office [2014] EWHC 3659 (TCC) (05 November 2014)



Bar Conference: level the advocacy playing field – barristers – Law Society’s Gazette

Posted November 11th, 2014 in advocacy, barristers, competition, Crown Court, news, solicitor advocates by tracey

‘The Criminal Bar Association will launch a campaign on Monday aimed at “levelling the playing field” between barristers and solicitor-advocates, who it alleges enjoy an unfair competitive advantage.’

Full story

Law Society’s Gazette, 8th November 2014


Domestic Violence Prevention and Punishment – A Multi-faceted Approach – Family Law Week

Posted November 11th, 2014 in crime prevention, criminal justice, domestic violence, news by tracey

‘Syvil Lloyd Morris, Director of Famil Law at Bastian Lloyd Morris Solicitor Advocates, considers the developing interrelationship between the criminal and family jurisdictions in relation to cases of domestic violence.’

Full story

Family Law Week, 6th November 2014


Bloody Sunday investigation faces judicial review – BBC News

Posted November 11th, 2014 in demonstrations, homicide, inquiries, judicial review, murder, news, Northern Ireland, police by michael

‘The decision to scale back the police investigation into the deaths of marchers killed by soldiers in Londonderry in 1972 will be challenged in court by victims’ relatives.’

Full story

BBC News, 11th November 2014


Footballer Ravel Morrison cleared of threatening to throw acid in his ex-girlfriend’s face – The Independent

Posted November 11th, 2014 in assault, bail, harassment, news, sport, threatening behaviour by michael

The former Manchester United footballer Ravel Morrison has been cleared of allegations he harassed his former girlfriend including threatening to kill her and throw acid in her face.

Full story

The Independent, 10th November 2014


Ex RAF officer sentenced to 13 years for child sex abuse – BBC News

Posted November 11th, 2014 in armed forces, news, sentencing, sexual offences by michael

‘A former RAF officer has been sentenced to 13 years in prison for committing 23 sex offences against boys at a German military base in the 1980s.’

Full story

BBC News, 10th November 2014


New payday loan rules to cap fees, total cost and default charges – The Guardian

Posted November 11th, 2014 in consumer credit, consumer protection, fees, financial regulation, interest, news by michael

‘The UK’s financial watchdog is clamping down on payday loans, with new rules to ensure that borrowers are never forced to repay more than twice the sum of their original loan.’

Full story

The Guardian, 11th November 2014