Home secretary backs tougher powers for child sex abuse inquiry – The Guardian

Posted December 16th, 2014 in child abuse, inquiries, news, select committees, sexual offences, time limits by tracey

‘Theresa May tells MPs she is also considering revising cut-off date for sex abuse allegations to include claims from 1950s.’

Full story

The Guardian, 15th December 2014

Source: www.guardian.co.uk

Fare-dodging banker banned from City – BBC News

‘A London banker who regularly avoided buying a train ticket on his commute to the City has been banned from working in the financial services industry.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Mentally ill teenagers will no longer be held in police cells – The Guardian

Posted December 15th, 2014 in complaints, detention, mental health, news, police, statistics, young offenders by tracey

‘Mentally ill teenagers will no longer be taken to police stations and detained in cells under reforms to be announced by the home secretary, Theresa May, this week.’

Full story

The Guardian, 15th December 2014

Source: www.guardian.co.uk

Murdered mum Natasha Trevis ‘not listened to’, report finds – BBC News

Posted December 15th, 2014 in complaints, domestic violence, murder, news, police, reports, sentencing, social services by tracey

‘A mother of three murdered by her “controlling” partner was “not listened to or heard” by the authorities, a report has found.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Legal aid immigration case guidance ‘unlawful’ – BBC News

Posted December 15th, 2014 in appeals, budgets, civil justice, immigration, legal aid, news by tracey

‘Guidance on granting legal aid for exceptional immigration cases is “unlawful”, judges have ruled.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Cosmetics tested on animals banned in the EU – or are they? – UK Human Rights Blog

‘R (on the application of the European Federation for Cosmetic Ingredients) v Secretary of State for Business, Innovation and Skills and the Attorney General, British Union for the Abolition of Vivisection and the European Coalition to End Animal Experiments (intervening) [2014] EWHC 4222 (Admin) 12 December 2014. Conscientious shoppers who check the labelling of shampoos and other cosmetic products for the “not tested on animals” legend may not be aware that there is in place an EU Regulation (“the Cosmetics Regulation”), enforceable by criminal sanctions, prohibiting the placing on the market of any product that has been tested on laboratory animals. Any comfort drawn from this knowledge however may be displaced by the uncertainty concerning the status of cosmetics whose ingredients have been tested on animals in non-EU or “third” countries. (Incidentally the Cruelty Cutter app is designed to enable consumers to test, at the swipe of a smart phone, whether the product they are contemplating purchasing has been tested on animals.)’

Full story

UK Human RIghts Blog, 12th December 2014

Source: www.ukhumanrightsblog.com

High Court judge overturns “overly generous interpretation” of relief from sanctions rules – OUT-LAW.com

Posted December 15th, 2014 in appeals, civil procedure rules, delay, disciplinary procedures, interpretation, news by tracey

‘Parties to civil litigation cases have been issued with an important reminder of the need to manage their cases effectively after the High Court overturned an “overly generous interpretation” of the rules governing when relief from sanctions can be granted.’

Full story

OUT-LAW.com, 15th December 2014

Source: www.out-law.com

What is the definition of “design” in s.213 (2) of the Copyright, Designs and Patents Act 1988 following the deletion of “any aspect of” from the sub-section – NIPC Law

Posted December 15th, 2014 in copyright, damages, intellectual property, interpretation, news by tracey

‘In DKH Retail Ltd v H. Young (Operations) Ltd the claimant, which claimed design rights and unregistered Community design in relation to the front portion and hood of a range of gilets sold under the product name Academy under the Superdry brand sued the defendant for importing and selling a range of Glaisdale gilets under the Animal brand. The defendant raised the usual defences on subsistence, ownership and infringement.’

Full story

NIPC Law, 13th December 2014

Source: www.nipclaw.blogspot.co.uk

Suspending belief – Nearly Legal

Posted December 15th, 2014 in appeals, equity, land registration, landlord & tenant, mortgages, news, Supreme Court by tracey

‘We have dealt with the basic facts in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52 when considering its previous incarnations (Cooke v Mortgage Business [2012] EWCA Civ 17 and Re North East Property Buyers Ltd [2010] EWHC 2991 (Ch)). In summary, the basic question for the Supreme Court was this: where a seller has agreed, prior to the contract of sale, that the buyer will grant the seller a tenancy after the sale, does the seller have that right so as not only to bind the buyer but also the buyer’s lender? I think, when framed as a question like that, the answer seems obvious. Call me a weak-kneed liberal, but all the equity (colloquially speaking) is in favour of the seller. They have entered in to the transaction on that basis and would not have entered in to the transaction otherwise. We all make bad deals which the law doesn’t get us out of, but the equity isn’t really in our favour: why should the law get us out of a bad deal?’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk

Conscious Re-coupling and Succession – Nearly Legal

‘In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they lived at the property throughout, apart from a critically important period of separation between December 2010 and January 2012.

Ms T applied to succeed to the secure tenancy but the council decided that because she had not resided at the property for the 12 months immediately preceding Mr D’s death, she did not qualify to succeed. Ms T brought judicial review proceedings against that decision.’

Full story

Nearly Legal, 14th December 2014

Source: www.nearlylegal.co.uk/blog/

High Court judge quashes selective licensing scheme over consultation failings – Local Government Lawyer

Posted December 15th, 2014 in appeals, consultations, housing, landlord & tenant, licensing, local government, news by tracey

‘The High Court has quashed a selective licensing scheme that Enfield Council was seeking to apply to the entire borough.’

Full story

Local Government Lawyer, 12th December 2014

Source: www.localgovernmentlawyer.co.uk

HMRC raid on claims management company was lawful, High Court rules – Litigation Futures

‘HM Revenue and Customs (HMRC) did not act unlawfully when it searched and removed files from a claims management company it was investigating, the High Court has ruled.’

Full story

Litigation Futures, 15th December 2014

Source: www.litigationfutures.com

Solicitors From Hell founder wins surprise High Court victory – Legal Futures

Posted December 15th, 2014 in harassment, injunctions, law firms, news, solicitors by tracey

‘He has been sued 18 times in relation to the website he founded, and lost each time, but now Rick Kordowski, the man behind SolicitorsFromHell.co.uk, has recorded an unexpected High Court win.’

Full story

Legal Futures, 15th December 2014

Source: www.legalfutures.co.uk

Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning – Judiciary of England and Wales

Posted December 15th, 2014 in Court of Protection, family courts, judges, speeches by tracey

‘Speech by The Hon. Mr Justice Mostyn: The Craft of Judging and Legal Reasoning at the Bristol University School of Law on 8 December 2014.’

Full speech

Judiciary of England and Wales, 12th December 2014

Source: www.judiciary.gov.uk

The Lord Chief Justice’s Report 2014 – Judiciary of England and Wales

‘The Lord Chief Justice has today laid his annual report before Parliament. His report looks back at the past 12 months and explains how the judiciary have administered justice across all jurisdictions by focusing on key priorities.’

Full report

Judiciary of England and Wales, 15th December 2014

Source: www.judiciary.gov.uk

Declaration 2014: Legal Professional Privilege is vital to a fair trial – The Bar Council

‘Legal chiefs and academics today demanded new laws to stop police and security services from spying on meetings between lawyers and their clients.’

Full press release

The Bar Council, 9th December 2014

Source: www.barcouncil.org.uk

Solicitor General speech on business and human rights – Attorney General’s Office

Posted December 15th, 2014 in codes of practice, human rights, speeches, standards by tracey

‘On Human Rights day Solicitor General Robert Buckland QC MP delivered a speech on business and human rights at the Law Society Conference.’

Full speech

Attorney General’s Office, 10th December 2014

Source: www.gov.uk/ago

Proceeds of Crime Act 2002: codes of practice consultation – Attorney General’s Office

‘A consultation on a revised code of practice that governs the use of investigatory powers in the Proceeds of Crime Act 2002.’

Full press release

Attorney General’s Office, 12th December 2014

Source: www.gov.uk/ago

Recent Statutory Instruments – legislation.gov.uk

Posted December 15th, 2014 in legislation by tracey

The Export Control (Sudan, South Sudan and Central African Republic Sanctions) Regulations 2014

The Shared Parental Leave and Statutory Shared Parental Pay (Consequential Amendments to Subordinate Legislation) Order 2014

The Scotland Act 2012 (Commencement No. 4) Order 2014

The Public Records (Transfer to the Public Record Office) (Transitional and Saving Provisions) Order 2014

The Social Security (Contributions) (Amendment No. 6) Regulations 2014

The Income Tax (Recommended Medical Treatment) Regulations 2014

The Local Audit (Auditor Panel) Regulations 2014

The Health Education England Regulations 2014

The Statutory Shared Parental Pay (Adoption from Overseas) Regulations 2014

The Double Taxation Relief and International Tax Enforcement (Tajikistan) Order 2014

The Double Taxation Relief and International Tax Enforcement (Canada) Order 2014

The Income Tax (Indexation) Order 2014

The Nursing and Midwifery (Amendment) Order 2014

The Misuse of Drugs Act 1971 (Amendment) (No. 2) Order 2014

The Finance Act 2009, Schedules 55 and 56 and Sections 101 and 102 (Stamp Duty Reserve Tax) (Appointed Days, Consequential and Transitional Provision) Order 2014

The Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014

The Common Agricultural Policy (Control and Enforcement, Cross-Compliance, Scrutiny of Transactions and Appeals) Regulations 2014

The CRC Energy Efficiency Scheme (Allocation of Allowances for Payment) (Amendment) (No. 2) Regulations 2014

The High Court (Distribution of Business) Order 2014

The Constitutional Reform and Governance Act 2010 (Commencement No. 9) Order 2014

The Plant Health (Fees) (England) (Amendment) Regulations 2014

The Heathrow and Gatwick Airports – London Noise Insulation Grants (Revocations) Scheme 2014

The Child Poverty Act 2010 (Persistent Poverty Target) Regulations 2014

The Civil Aviation (Miscellaneous Revocations) Regulations 2014

The Pensions Act 2014 (Consequential Amendments) (Units of Additional Pension) Order 2014

The Offshore Installations (Safety Zones) (No. 3) Order 2014

Source:  www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 15th, 2014 in law reports by tracey

Walsham Chalet Park Ltd (t/a the Dream Lodge Group) v Tallington Lakes Ltd [2014] EWCA Civ 1607 (12 December 2014)

Re P-K (Children) [2014] EWCA Civ 1602 (11 December 2014)

Hague Plant Ltd v Hague & Ors [2014] EWCA Civ 1609 (11 December 2014)

O’Kelly v Davies [2014] EWCA Civ 1606 (11 December 2014)

A (A Child) [2014] EWCA Civ 1577 (10 December 2014)

Chenembo v London Borough of Lambeth [2014] EWCA Civ 1576 (10 December 2014)

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz

HS2 Action Alliance & Anor, R (On the Application Of) v The Secretary Of State For Transport [2014] EWCA Civ 1578 (09 December 2014)

MN (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1601 (09 December 2014)

Court of Appeal (Criminal Division)

Henwood, R. v [2014] EWCA Crim 1615 (10 December 2014)

Henwood, R. v (Rev 1) [2014] EWCA Crim 2615 (10 December 2014)

George, R v [2014] EWCA Crim 2507 (09 December 2014)

High Court (Administrative Court)

European Federation for Cosmetic Ingredients, R (On the Application Of) v Secretary Of State For Business, Innovation And Skills & Anor [2014] EWHC 4222 (Admin) (12 December 2014)

Delipalta & Ors, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 4218 (Admin) (12 December 2014)

Pham v The United States of America [2014] EWHC 4167 (Admin) (12 December 2014)

Djurberg v Secretary of State for Communities and Local Government & Anor [2014] EWHC 4137 (Admin) (12 December 2014)

Bewley, R (On the Application Of) v Secretary of State for Justice [2014] EWHC 4215 (Admin) (11 December 2014)

Brit College v Secretary of State for the Home Department [2014] EWHC 4164 (Admin) (11 December 2014)

Regas, R (On the Application Of) v London Borough of Enfield [2014] EWHC 4173 (Admin) (11 December 2014)

High Court (Chancery Division)

Seton House Group Ltd & Anor v Mercer Ltd [2014] EWHC 4234 (Ch) (12 December 2014)

Destine Estates Ltd & Anor v Muir & Anor [2014] EWHC 4191 (Ch) (11 December 2014)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2014] EWHC 4196 (Ch) (11 December 2014)

High Court (Commercial Court)

HBC Hamburg Bulk Carriers GmbH & Co KG v Huyton Inc [2014] EWHC 4176 (Comm) (12 December 2014)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 4199 (Comm) (11 December 2014)

Ted Baker Plc & Anor v AXA Insurance UK Plc & Ors [2014] EWHC 4178 (Comm) (11 December 2014)

Amtrust Europe Ltd v Trust Risk Group SpA [2014] EWHC 4169 (Comm) (10 December 2014)

NRAM Plc v McAdam & Anor [2014] EWHC 4174 (Comm) (10 December 2014)

High Court (Family Division)

Cooper-Hohn v Anthony Hohn [2014] EWHC 4122 (Fam) (12 December 2014)

A v D & Ors [2014] EWHC 3851 (Fam) (09 December 2014)

NG v OG [2014] EWHC 4182 (Fam) (09 December 2014)

High Court (Queen’s Bench Division)

Sobolewska v Threlfall [2014] EWHC 4219 (QB) (12 December 2014)

Gardner v Northampton General Hospital NHS Trust [2014] EWHC 4217 (QB) (12 December 2014)

Downing v Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) (12 December 2014)

QRS v Beach & Anor [2014] EWHC 4189 (QB) (11 December 2014)

Heneghan v Manchester Dry Docks Ltd & Ors [2014] EWHC 4190 (QB) (11 December 2014)

Jowhari v NHS England [2014] EWHC 4197 (QB) (11 December 2014)

Edwin Coe LLP v Aidiniantz & Ors [2014] EWHC 3994 (QB) (09 December 2014)

High Court (Technology and Construction Court)

Imtech Inviron Ltd v Loppingdale Plant Ltd [2014] EWHC 4109 (TCC) (12 December 2014)

Source: www.bailii.org.uk