Plans to restrict judicial review face further concessions – The Guardian

Posted January 14th, 2015 in bills, disciplinary procedures, human rights, judicial review, news by tracey

‘Justice secretary backs down to avoid third Lords defeat over bill which would make it harder to challenge government decisions.’

Full story

The Guardian, 13th January 2015


Unrepresented parents in family cases: are errors going unnoticed? – Halsbury’s Law Exchange

Posted January 14th, 2015 in children, delay, families, family courts, litigants in person, news by tracey

‘Is a lack of legal representation in family cases increasing the likelihood of procedural errors going unnoticed? The judgment in Re P (A Child) suggests that there is a pressing need for change by the courts and judiciary.’

Full story

Halsbury’s Law Exchange, 14th January 2015


Stricter rules for the pornography industry – what has changed? – Halsbury’s Law Exchange

Posted January 14th, 2015 in film industry, news, obscenity, pornography, regulations, violence by tracey

‘Video-on-demand material is now subject to additional restrictions as of 1 December 2014. Material either rated or to be rated as R18 by the British Board of Film Classification (BBFC) must be placed behind access controls. In addition, material either refused or would be refused a classification by the BBFC is banned.’

Full story

Halsbury’s Law Exchange, 13th January 2015


High Court judge rejects challenge to Essex local plan document –

Posted January 14th, 2015 in consultations, EC law, local government, news, planning by tracey

‘A High Court judge has rejected a challenge to the adoption of a planning document which seeks to direct the location of development in a district of south Essex.’

Full story, 13th January 2015


Director loses appeal against FCA fine and ban in conflict of interest case –

‘A non-executive director who failed to declare a conflict of interest has lost her appeal against the Financial Conduct Authority (FCA), which had fined her £154,800 and banned her from holding a regulated financial services role.’

Full story, 13th January 2015


Queen’s Counsel in England & Wales: 2014 to 2015 – Ministry of Justice

Posted January 14th, 2015 in press releases, queen's counsel by tracey

‘Her Majesty The Queen has approved the appointment of 93 new Queen’s Counsel.’

Full list

Ministry of Justice, 14th January 2015


“No proper justification” for challenge based on draft judgment – Litigation Futures

Posted January 14th, 2015 in accountants, causation, judgments, negligence, news, taxation by tracey

‘There was “no proper justification” for a claimant seeking to reopen an issue based on the circulation of a draft judgment, the High Court has ruled.’

Full story

Litigation Futures, 13th January 2015


Late requests for paper CMCs “run the risk of sanctions”, High Court warns – Litigation Futures

Posted January 14th, 2015 in case management, news, time limits by tracey

‘Lawyers who make late requests for paper case management conferences (CMCs) without good reason “run the risk of sanctions”, the High Court has warned.’

Full story

Litigation Futures, 14th January 2015


Updated CPS-Police Rape Protocol launched as DPP warns of rising caseloads – Crown Prosecution Service

Posted January 14th, 2015 in Crown Prosecution Service, police, press releases, rape, sexual offences, victims by tracey

‘A joint protocol, created and implemented by the Crown Prosecution Service and the Police has been launched today [Thursday 8 January 2015], setting out how to deal with all rape cases from the initial complaint to after the verdict in a trial.’

Full press release

Crown Prosecution Service, 8th January 2015


National Crime Agency v Robb – WLR Daily

Posted January 14th, 2015 in fraud, law reports, proceeds of crime, victims by tracey

National Crime Agency v Robb; [2014] EWHC 4384 (Ch); [2015] WLR (D) 1

‘The court gave guidance on the hearing of applications brought by victims of fraud under section 182 of the Proceeds of Crime Act 2002 as to the principles to be applied in following and tracing recoverable property obtained by the defendant through unlawful conduct.’

WLR Daily, 23rd December 2014


Regina (Mohammed) v Secretary of State for the Home Department – WLR Daily

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by tracey

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014


Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by tracey

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014


Recent Statutory Instruments –

Posted January 14th, 2015 in legislation by tracey

The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2015

The Income Tax (Pay As You Earn) (Amendment) Regulations 2015

The Landlord and Tenant (Notices) (Revocations) (England) Regulations 2015

The Costs in Criminal Cases (General) (Amendment) Regulations 2015

The Money Laundering (Amendment) Regulations 2015

The Criminal Justice (Specified Class B Drugs) Order 2015

The National Health Service (Mandate Requirements) Regulations 2014

The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015

The Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015

The Criminal Procedure (Amendment) Rules 2015

The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

The Housing Benefit and Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Income from earnings) (Amendment) Regulations 2015

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2015

The Local Government (Transparency) (Descriptions of Information) (England) Order 2015

The Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment) Regulations 2015

The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2015

The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015


BAILII: Recent Decisions

Posted January 14th, 2015 in law reports by tracey

Court of Appeal (Civil Division)

S (A Child) (Habitual Residence and Child’s Objections)(Brazil) [2015] EWCA Civ 2 (13 January 2015)

High Court (Administrative Court)

Jackson v Secretary of State for Communities and Local Government [2015] EWHC 20 (Admin) (13 January 2015)

Ali, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 7 (Admin) (09 January 2015)

AMG, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 5 (Admin) (08 January 2015)

Pugh v Secretary of State for Communities and Local Government & Ors [2015] EWHC 3 (Admin) (05 January 2015)

High Court (Chancery Division)

Enterprise Holdings, Inc v Europcar Group UK Ltd & Anor [2015] EWHC 17 (Ch) (13 January 2015)

Hilton v D IV LLP & Ors [2015] EWHC 2 (Ch) (12 January 2015)

Altus Group (UK) Ltd v Baker Tilly Tax And Advisory Services LLP & Anor [2015] EWHC 12 (Ch) (07 January 2015)

High Court (Queen’s Bench Division)

AB v Chief Constable of X Constabulary [2015] EWHC 13 (QB) (08 January 2015)


MI6 forced to show how it may snoop on privileged lawyer-client exchanges – The Guardian

‘MI6 has been forced to reveal documents detailing how it may access legally privileged communications between solicitors and their clients, even if the lawyers are suing the government.’

Full story

The Guardian, 13th January 2015


Blair: without IRA letters, peace process would have collapsed – The Guardian

‘Giving evidence to MPs, former prime minister defends his role in allowing the on-the-run scheme in 1999.’

Full story

The Guardian, 13th January 2015


Chilcot inquiry: Commons debate will try to fast-track publication of Iraq war report – The Independent

Posted January 14th, 2015 in inquiries, Iraq, news, reports, war by tracey

‘A Commons debate on the delayed Iraq War Inquiry will attempt to pressure Downing Street into fast-tracking its publication before the general election in May. David Davis, the former shadow home secretary, led a group of cross-party MPs in winning time for the debate which will be held on January 29.’

Full story

The Independent, 13th January 2015


Toddler who survived abortion is ‘little miracle’ – Daily Telegraph

Posted January 14th, 2015 in abortion, children, custody, families, health, medical treatment, news, pregnancy by tracey

‘A baby boy who survived a late abortion carried out because his mother’s life was in danger has been described as a “little miracle” by a judge.

Details of the boy’s survival emerged in a Family Court judgment which concluded that the boy should live with his father’s family as his mother said she was unable to look after him.’

Full story

Daily Telegraph, 13th January 2015


Woman sues own family after they refused to accept her when she changed sex – Daily Telegraph

Posted January 14th, 2015 in families, financial dispute resolution, news, small businesses by tracey

‘A woman has won a bitter legal battle with her own family who refused to accept her new identity after she changed sex.’

Full story

Daily Telegraph, 14th January 2015


Female detainees at Yarl’s Wood routinely humiliated, claims report – The Guardian

‘Women detained in the Yarl’s Wood immigration detention centre are routinely humiliated by male staff who monitor them while they are dressing, showering and using the toilet, or are naked in their rooms, a report into the treatment of female asylum seekers reveals. The report, by the charity Women for Refugee Women, noted that many female asylum seekers detained at Yarl’s Wood, in Bedfordshire, have been victims of sexual violence in their home countries.’

Full story

The Guardian, 14th January 2015