Day: 18 February 2015

BAILII: Recent Decisions

Posted February 18th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

Court of Appeal (Civil Division)

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Mitochondrial Donation – Family Law Week

Posted February 18th, 2015 in assisted reproduction, embryology, families, news by sally

‘Professor Nils Hoppe and Katy Rensten, both of Coram Chambers, look at the House of Commons debate and the proposed regulations concerning mitochondrial donation and argue for a serious and measured consideration of this important development.’

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Family Law Week, 17th February 2015

Source: www.familylawweek.co.uk

DNA tests to cut courtroom battles – Ministry of Justice

Posted February 18th, 2015 in delay, divorce, DNA, family courts, news by sally

‘DNA tests in family courts will be provided across England from later this year, Justice Minister Simon Hughes has announced.’

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Ministry of Justice, 17th February 2015

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

The Strange Case of the Salted Snack – BBC Law in Action

Posted February 18th, 2015 in food, health & safety, news, parental responsibility, school exclusions by sally

In this week’s Law in Action we tell the cheesy story of the 6-year-old boy excluded from school because of the salted snack in his lunch box. We ask what the law has to say about this – can a child be excluded because of what his or her parents have done?

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BBC Law in Action, 17th February 2015

Source: www.bbc.co.uk

Welcome relief – New Law Journal

Posted February 18th, 2015 in appeals, contracts, employment, news, redundancy, sick leave, transfer of undertakings, unfair dismissal by sally

‘Ian Smith reports on basic & immutable problems of employment law that require complex answers.’

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New Law Journal, 17th February 2015

Source: www.newlawjournal.co.uk

LSB to call on regulators to make law firms and chambers “accountable” over diversity – Legal Futures

Posted February 18th, 2015 in barristers, diversity, Legal Services Board, news, solicitors by sally

‘Regulators need to do more with the diversity data they now collect in order to drive improvements in recruitment and particularly progression and retention within the profession, the Legal Services Board (LSB) will shortly say.’

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Legal Futures, 18th February 2015

Source: www.legalfutures.co.uk

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others – WLR Daily

Posted February 18th, 2015 in law reports, service out of jurisdiction, taxation, tribunals, witnesses by sally

Clavis Liberty Fund LPI v Revenue and Customs Commissioners and others [2015] WLR (D) 69

‘The First-tier Tribunal Tax Chamber had no jurisdiction to issue witness summonses addressed to prospective witnesses who had no presence in the jurisdiction.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

R (James) v HM Prison Birmingham and others – WLR Daily

Posted February 18th, 2015 in committals, contempt of court, gangs, injunctions, judicial review, law reports, prisons, sentencing by sally

R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

‘There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

In re Law Society – WLR Daily

Posted February 18th, 2015 in data protection, documents, human rights, law reports, Law Society, privacy, solicitors by sally

In re Law Society [2015] EWHC 166 (Ch); [2015] WLR (D) 60

‘The Law Society had power under paragraph 16 of Part II of Schedule 1 to the Solicitors Act 1974 to destroy old and redundant documents seized in connection with interventions.’

WLR Daily, 9th February 2015

Source: www.iclr.co.uk

Abuse inquiry should cover whole UK, Home Affairs Committee says – BBC News

Posted February 18th, 2015 in child abuse, inquiries, news, select committees, sexual offences by sally

‘The government is being urged to extend the scope of the child sexual abuse inquiry to cover the whole of the UK – rather than just England and Wales.’

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BBC News, 13th February 2015

Source: www.bbc.co.uk

Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd – WLR Daily

Posted February 18th, 2015 in consumer protection, law reports, unfair commercial practices, winding up by sally

Secretary of State for Business, Innovation and Skills v PLT Anti-Marketing Ltd [2015] EWCA Civ 76; [2015] WLR (D) 63

‘Where a court was considering whether a commercial practice amounted to a misleading omission by the omission of material information for the purposes of regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008, the court had to consider, particularly where the information omitted concerned alternative products, whether the average consumer could be said to have needed to obtain that information from the trader rather than from elsewhere.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

In re AJ (Deprivation Of Liberty: Safeguards) – WLR Daily

Posted February 18th, 2015 in care homes, deprivation of liberty safeguards, human rights, law reports, local government, mental health by sally

In re AJ (Deprivation Of Liberty: Safeguards) [2015] EWCOP 5 ; [2015] WLR (D) 64

‘In situations involving a deprivation of liberty local authorities and professionals needed to be alert to cases where vulnerable people were admitted to residential care, ostensibly for respite care, when the underlying plan was for a permanent placement without proper consideration of their rights under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 10th February 2015

Source: www.iclr.co.uk

Regina (Wingrove) v Stratford-on-Avon District Council – WLR Daily

Posted February 18th, 2015 in enforcement notices, law reports, local government, planning, retrospectivity by sally

Regina (Wingrove) v Stratford-on-Avon District Council [2015] EWHC 287 (Admin); [2015] WLR (D) 65

‘The wide discretionary power to refuse to determine a retrospective planning application for development subject to an enforcement notice under section 70C of the Town and Country Planning Act 1990 was intended to provide local planning authorities with a tool to prevent such applications being used to delay enforcement action being taken against development. An applicant’s motive to use a retrospective application to cause such delay would clearly be a consideration in favour of a decision to invoke that discretion.’

WLR Daily, 12th February 2015

Source: www.iclr.co.uk

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department – WLR Daily

Posted February 18th, 2015 in families, immigration, interpretation, law reports, ministers' powers and duties, regulations by sally

Khalid v Secretary of State for the Home Department; Singh v Secretary of State for the Home Department [2015] EWCA Civ 74; [2015] WLR (D) 66

‘Where an application for leave to enter or remain on the grounds of private or family life was made prior to 9 July 2012 but the decision was made on or after 6 September 2012, the Secretary of State was entitled to take into account the provisions of paragraphs 276ADE to 276DH and Appendix FM of the Statement of Changes in Immigration Rules (2012) (HC 194).’

WLR Daily, 12th February

Source: www.iclr.co.uk

Music dominates High Court copyright disputes – Law Society’s Gazette

Posted February 18th, 2015 in copyright, licensed premises, licensing, media, news, sport by sally

‘Pubs playing music and showing football matches without permission are the most frequent subject of copyright cases in the High Court, research by City firm RPC has revealed.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

Smoking ban in prisons: Inmate wants access to enforcement hotline – BBC News

Posted February 18th, 2015 in confidentiality, health, news, prisons, smoking, telecommunications by sally

‘A prisoner has launched a legal challenge to give inmates the right to report unauthorised smoking in jail.’

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BBC News, 12th February 2015

Source: www.bbc.co.uk

Anonymity breakthrough in personal injury claims – Law Society’s Gazette

Posted February 18th, 2015 in anonymity, children, negligence, news, personal injuries by sally

‘Children and protected parties in medical negligence and personal injury cases should not be publicly named unless anonymity is either unnecessary or inappropriate, the Court of Appeal ruled today.’

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Law Society’s Gazette, 17th February 2015

Source: www.lawgazette.co.uk

Legal experts call for English ‘online court’ to handle low-value civil court cases – OUT-LAW.com

Posted February 18th, 2015 in civil justice, electronic filing, internet, litigants in person, news by sally

‘An online mechanism should be set up to handle low-value civil court cases, with judges removed entirely from the process for the simplest cases, according to a new report.’

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OUT-LAW.com, 17th February 2015

Source: www.out-law.com

Patient loses appeal over level of damages for 442-day unlawful detention – Local Government

Posted February 18th, 2015 in damages, false imprisonment, hospital orders, hospitals, mental health, news by sally

‘A mentally disordered patient unlawfully detained in hospital for 442 days has lost an appeal over the level of damages he should be awarded.’

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Local Government Lawyer, 17th February 2015

Source: www.localgovernmentlawyer.co.uk

Near-drowned woman wins compensation over school swimming lesson – BBC News

Posted February 18th, 2015 in compensation, negligence, news, personal injuries, school children, teachers by sally

‘A woman who nearly drowned during a school swimming lesson when she was 10 years old has won a compensation battle at the High Court.’

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BBC News, 17th February 2015

Source: www.bbc.co.uk