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

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

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

Source: www.legislation.gov.uk

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

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)

Source: www.bailii.org

 

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

Source: www.lawgazette.co.uk

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

Source: www.familylawweek.co.uk

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

Source: www.bbc.co.uk

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

Source: www.independent.co.uk

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

Source: www.bbc.co.uk

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

Source: www.guardian.co.uk

Two men jailed over Dancing Jesus site music piracy – BBC News

Posted November 11th, 2014 in artistic works, intellectual property, internet, news, sentencing by michael

‘Two men have been jailed for illegally distributing music through an online music forum.’

Full story

BBC News, 10th November 2014

Source: www.bbc.co.uk

Libya father Belaid jailed for kidnap of Welsh girl – BBC News

Posted November 11th, 2014 in child abduction, imprisonment, news, sentencing by michael

‘A man who refused to return his child to Wales after kidnapping her and taking her to Libya two years ago has been jailed for six-and-a-half years.’

Full story

BBC News, 10th November 2014

Source: www.bbc.co.uk

‘Fake sheikh’ fails in bid to stop Panorama revealing appearance

Posted November 11th, 2014 in appeals, BBC, injunctions, media, news, privacy by michael

‘The “fake sheikh” journalist Mazher Mahmood has failed in an appeal to the high court to prevent BBC1’s Panorama from revealing his appearance.’

Full story

The Guardian, 10th November 2014

Source: www.guardian.co.uk

BBC’s Newsbeat censured over Islamic State news report – BBC News

Posted November 11th, 2014 in BBC, children, codes of practice, media, news by michael

‘BBC Radio 1’s Newsbeat programme has been found in breach of broadcasting codes for a news item about Islamic State (IS) fighter Abu Summayah.’

Full story

BBC News, 10th November 2014

Source: www.bbc.co.uk

EVENT: IALS – Extradition – is the UK a soft touch for the EU and USA?

Posted November 10th, 2014 in Forthcoming events by sally

‘The House of Lords Extradition Law Committee is once again inquiring into the complexity and fitness for purpose of the law and practice surrounding extradition, and the Extradition Act 2003 in particular. The European Arrest Warrant is slated to be retained under the UK’s opt out and in again arrangement.’

Date: 13th November 2014, 2.00-5.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Delays in prisoner rehabilitation did not breach Convention – Strasbourg Court – UK Human Rights Blog

Posted November 10th, 2014 in human rights, news, parole, prisons, rehabilitation by sally

‘Two prisoners have failed in their human rights protest against prison rehabilitation courses in the United Kingdom.’

Full story

UK Human Rights Blog, 7th November 2014

Source: www.ukhumanrightsblog.com

Prisoners’ book limit scrapped – The Guardian

Posted November 10th, 2014 in libraries, news, prisons by sally

‘The cap on the number of books inmates can have in their cells has been scrapped following pressure from a campaign backed by leading literary figures.’

Full story

The Guardian, 7th November 2014

Source: www.guardian.co.uk

Former Met police officer avoids prison after being caught possessing thousands of child abuse images ‘because of his background’ – The Independent

‘A former Met police officer who was caught with nearly two and a half thousand indecent images and films of children has avoided a prison sentence after a judge cited “his background” as a mitigating factor.’

Full story

The Independent, 8th November 2014

Source: www.independent.co.uk

Neuberger unsure of benefits of single joint experts – Litigation Futures

Posted November 10th, 2014 in cross-examination, expert witnesses, news by sally

‘The use of single joint experts could render the judge purely a “figure head” in proceedings, the president of the Supreme Court has warned.’

Full story

Litigation Futures, 10th November 2014

Source: www.litigationfutures.com