Human Rights and the Common Law – Where Next after Kennedy v the Charity Commission? The Jan Grodecki Lecture 2014

Posted November 12th, 2014 in human rights, lectures by tracey

‘Human Rights and the Common Law – Where Next after Kennedy v the Charity Commission? The Jan Grodecki Lecture 2014 by Michael Tugendhat at the University of Leicester School of Law on 23rd October, 2014.’

Full lecture

University of Leicester, 23rd October 2014

Source: www.le.ac.uk

Oral statement to Parliament – Prisoner communications – Ministry of Justice

Posted November 12th, 2014 in confidentiality, news, prison officers, prisons, rehabilitation, telecommunications by tracey

‘Oral Statement on prisoner communications by the Secretary of State for Justice, 11 November 2015.’

Full statement

Ministry of Justice, 11th November 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Landlord ordered to pay £280k after breaching enforcement notices on flats – Local Government Lawyer

‘A landlord who built an outbuilding and converted it into six small flats without planning permission has been ordered to pay more than £280,000.’

Full story

Local Government Lawyer, 11th November 2014

Source: www.localgovernmentlawyer.co.uk

Court of Appeal holds as unlawful part of allocation scheme adopted by council – Local Government Lawyer

Posted November 12th, 2014 in appeals, homelessness, local government, news by tracey

‘Part of an allocation scheme adopted by a London council was unlawful, the Court of Appeal has ruled. In Jakimaviciute, R (On the Application Of) v Hammersmith And Fulham London Borough Council [2014] EWCA Civ 1438 the claimant challenged the legality of Hammersmith & Fulham’s scheme, which was adopted with effect from April 2013.’

Full story

Local Government Lawyer, 11th November 2014

Source: www.localgovernment lawyer.co.uk

Whiplash claimants to be given random choice of medical expert – Litigation Futures

Posted November 12th, 2014 in expert witnesses, news, personal injuries by tracey

‘The government is set to give claimants and their solicitors a random selection of medical experts to choose from as part of the next stage of whiplash reform, it has emerged.’

Full story

Litigation Futures, 12th November 2014

Source: www.litigationfutures.com

LeO can hold successor firms to account for inherited complaints, High Court rules – Legal Futures

Posted November 12th, 2014 in complaints, law firms, mergers, news by tracey

‘The High Court has ruled that a law firm cannot escape responsibility for handling complaints relating to a sole practice with which it merged.’

Full story

Legal Futures, 12th November 2014

Source: www.legalfutures.co.uk

Law firm’s medical negligence advert “likely to cause distress to pregnant viewers” – Legal Futures

Posted November 12th, 2014 in advertising, medical treatment, negligence, news, pregnancy, regulations by tracey

‘The Advertising Standards Authority (ASA) has ruled that a TV medical negligence advert for Merseyside personal injury specialists Michael W Halsall Solicitors was “likely to cause undue distress to pregnant viewers”.’

Full story

Legal Futures, 12th November 2014

Source: www.legalfutures.co.uk

Review of the national referral mechanism for victims of human trafficking – Home Office

Posted November 12th, 2014 in reports, trafficking in human beings, victims by tracey

‘In April 2014 the Home Secretary commissioned a review of the National Referral Mechanism to establish whether it provides an effective and efficient means of supporting and identifying potential victims of human trafficking and whether it can, or should, cover all victims of Modern Slavery. The final report of the review of the National Referral Mechanism has now been published.’

Full report

Home Office, 12th November 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted November 12th, 2014 in legislation by tracey

The Stamp Duty and Stamp Duty Reserve Tax (BX Swiss AG) (Recognised Foreign Exchange and Recognised Foreign Options Exchange) Regulations 2014

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

The Associated British Ports (Fisher Fleet Quay) Harbour Revision Order 2014

Source: www.legislation.gov.uk

PricewaterhouseCoopers v Saad Investments Co Ltd – WLR Daily

Posted November 12th, 2014 in foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by tracey

PricewaterhouseCoopers v Saad Investments Co Ltd: [2014] UKPC 35; [2014] WLR (D) 475

‘A court would not normally entertain submissions from strangers to a winding up to the effect that a winding up order should not have been made, but general rule should not be elevated into an immutable principle, applicable in every case irrespective of its facts.’

WLR Daily, 10th November 2014

Source: www.iclr.co.uk

Singularis Holdings Ltd v PricewaterhouseCoopers – WLR Daily

Posted November 12th, 2014 in evidence, foreign jurisdictions, insolvency, law reports, Supreme Court, winding up by tracey

Singularis Holdings Ltd v PricewaterhouseCoopers: [2014] UKPC 36; [2014] WLR (D) 476

‘There was a power at common law to assist a foreign court of insolvency jurisdiction by ordering the production of information in oral or documentary form which was necessary for the administration of a foreign winding up. However, that power was not exercisable where an equivalent order could not have been made by the court in which the foreign liquidation was proceeding.’

WLR Daily, 20th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 12th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Adaptive Spectrum And Signal Alignment Inc v British Telecommunications Plc [2014] EWCA Civ 1462 (11 November 2014)

High Court (Chancery Division)

Lie v Mohile [2014] EWHC 3709 (Ch) (11 November 2014)

Williams v Seals & Ors [2014] EWHC 3708 (Ch) (11 November 2014)

High Court (Commercial Court)

Cruz City 1 Mauritius Holdings v Unitech Ltd & Ors [2014] EWHC 3704 (Comm) (11 November 2014)

High Court (Family Division)

SB v MB (Costs) [2014] EWHC 3721 (Fam) (10 November 2014)

Source: www.bailii.org.

Post-Adoption Contact: All Change or More of the Same? – Family Law Week

Posted November 12th, 2014 in adoption, contact orders, families, news, parental responsibility, placement orders by tracey

‘Lance Dodgson, barrister of Bank House Chambers, considers the changes concerning post-adoption contact made by the Children and Families Act 2014 and asks what effect they will have in practice.’

Full story

Family Law Week, 11th November 2014

Source: www.familylawweek.co.uk

Powerboater injured in crash awarded £5.5m damages – Daily Telegraph

Posted November 12th, 2014 in costs, damages, news, personal injuries, rehabilitation, sport by tracey

‘A talented young powerboater who suffered catastrophic head injuries when two boats collided during a race has been awarded £5.5 million High Court damages.’

Full story

Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

Thief with fake baby ‘bump’ who avoided prison by pretending she was pregnant is finally jailed – Daily Telegraph

Posted November 12th, 2014 in news, perverting the course of justice, pregnancy, sentencing, theft by tracey

‘A thief who avoided prison by lying to court about being pregnant, later showing suspicious probation staff photos of a child she claimed was her baby, has been jailed for five months for perverting the course of justice.’

Full story

Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

Paedophile hunters: the vigilantes taking the law into their own hands – The Guardian

Posted November 12th, 2014 in children, internet, news, police, sexual grooming, sexual offences, young persons by tracey

‘The pair of underage girls groomed for sex by a 50-year-old paedophile, Peter Mitchell, could not attend his sentencing at Derby crown court on Tuesday for one simple reason: they did not exist. The satisfaction of justice was instead enjoyed by a middle-aged married couple who have become the latest in a wave of vigilante “hunters” who are so frustrated at police inaction to stop online grooming of children that they are taking the law into their own hands.’

Full story

The Guardian, 11th November 2014

Source: www.guardian.co.uk

EU court moves against ‘benefits tourism’ in landmark ruling – The Independent

Posted November 12th, 2014 in benefits, EC law, immigration, news, taxation by tracey

‘The European Court of Justice has issued a historic ruling against Romanian woman living in Germany that could set a major precedent blocking so-called “benefits tourism” across the continent.’

Full story

The Independent, 11th November 2014

Source: www.independent.co.uk

MPs’ calls to prisoners ‘taped’, says Chris Grayling – Daily Telegraph

Posted November 12th, 2014 in confidentiality, interception, news, prison officers, prisons, telecommunications by tracey

‘Private conversations between MPs and prisoners from their constituencies may have been recorded and monitored in jails, Chris Grayling, the Justice Secretary has announced. The minister issued an apology to the House of Commons after disclosing that communications by at least 32 current MPs were thought to be involved.’

Full story

Daily Telegraph, 11th November 2014

Source: www.telegraph.co.uk

Disabled man forced off bus by refusal to move pram sparks equality test case – The Guardian

‘A woman’s refusal to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers – causing a disabled man to have to leave the vehicle – is at the centre of a test-case legal battle in the court of appeal.’

Full story

The Guardian, 11th November 2014

Source: www.guardian.co.uk

Shoplifter assault case PC dismissed from Met Police – Daily Telegraph

Posted November 12th, 2014 in assault, dismissal, news, police, sentencing, theft by tracey

‘A Metropolitan Police officer who punched a suspected shoplifter before pinning her to the ground has been dismissed from the force.’

Full story

BBC News, 11th November 2014

Source: www.bbc.co.uk