February 2015 – Page 2 – Current Awareness

JSC Bank of Moscow v Kekhman and others – WLR Daily

Posted February 26th, 2015 in banking, bankruptcy, domicile, insolvency, law reports by sally

JSC Bank of Moscow v Kekhman and others [2015] EWHC 396 (Ch); [2015] WLR (D) 82

‘When considering whether to exercise its discretion to make a bankruptcy order on a debtor’s petition, the court was to have regard to whether the petitioner could show (1) that he had a sufficiently close connection with England and Wales; (2) that there was a reasonable possibility of benefit resulting from the making of a bankruptcy order; and (3) that one or more persons interested in the distribution of assets were persons over whom the English court could exercise jurisdiction.’

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

Regina v Gurpinar; Regina v Kojo-Smith and another – WLR Daily

Posted February 26th, 2015 in appeals, defences, evidence, homicide, juries, law reports, provocation by sally

Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80

Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

“Keep our kids safe from predators” FB page on the rampage again – UK Human Rights Blog

Posted February 26th, 2015 in damages, human rights, internet, news, privacy, release on licence by sally

‘The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.’

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Barrister disbarred for practising without valid PC – Law Society’s Gazette

Posted February 26th, 2015 in barristers, crime, disciplinary procedures, disqualification, fines, news by sally

‘A barrister has been disbarred after he was found to have practised for almost 10 months without a valid practising certificate.’

Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

Facing justice: judgment against Facebook in privacy/data protection case – Panopticon

Posted February 26th, 2015 in data protection, EC law, internet, news, privacy by sally

‘The extent to which privacy and data protection rights can effectively resonate within the online environment is an acutely important issue for all information law practitioners. Moreover, it is an issue which seems to be gaining ever increasing traction in the litigation context, as is illustrated not least by the following developments.’

Panopticon, 25th February 2015

Source: www.panopticonblog.com

EVENT: The Trial of Macbeth

Posted February 26th, 2015 in Forthcoming events by sally

‘What if everything you knew about Macbeth was challenged?

Could a line-up of top QCs change his fate?

Following the 2011 sell-out Trial of Romeo, Shakespeare Schools Festival return to the courtroom putting a killer cast of actors – including Christopher Eccleston, Haydn Gwynne and David Oakes – in the box to be questioned by the stars of the bar – John Kelsey-Fry QC, Jonathan Laidlaw QC, Dinah Rose QC, and Ian Winter QC.

Jeremy Paxman chairs the jury and High Court judge Sir Michael Burton keeps order during this unforgettable fundraising event.’

Date: 8th March 2015, 7.00pm

Location: Noel Coward Theatre

Charge: see website for details

More information can be found here.

Attorney General defends government’s record on rule of law, including JR reform – Litigation Futures

Posted February 26th, 2015 in attorney general, judicial review, news, rule of law, speeches by sally

The government has “stood up for the rule of law” and should be proud of its record, the Attorney General, Jeremy Wright QC, has argued, in a strongly-worded speech on the last day of the Global Law Summit.

Litigation Futures, 26th February 2015

Source: www.litigationfutures.com

Lords inflict government defeat over visa laws – BBC News

Posted February 26th, 2015 in amendments, bills, news, parliament, visas by sally

‘The government has suffered a narrow defeat in the House of Lords over its Modern Slavery Bill.’

BBC News, 25th February 2015

Source: www.bbc.co.uk

Prison officer Mark Blake ‘justified’ leaks to The Sun – BBC News

Posted February 26th, 2015 in corruption, detention, immigration, media, misfeasance in public office, news, prison officers, public interest by sally

‘An officer at a Serco-run immigration centre justified leaking stories to The Sun by claiming the firm turned a blind eye to corruption, a court has heard.’

BBC News, 25th February 2015

Source: www.bbc.co.uk

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

Posted February 26th, 2015 in electronic filing, immigration, litigants in person, news, tribunals, video recordings by sally

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

TV ad for ‘world’s slimmest phone’ banned for objectifying women – The Guardian

Posted February 26th, 2015 in advertising, complaints, news, women by sally

‘A TV ad for the “world’s slimmest phone” has been banned for objectifying women.’

The Guardian, 25th February 2015

Source: www.guardian.co.uk

Jimmy Savile: Stoke Mandeville abuse report to be published – The Guardian

Posted February 26th, 2015 in child abuse, hospitals, news, reports, sexual offences by sally

‘A key report into the sexual abuse by Jimmy Savile of patients at Stoke Mandeville hospital is to be published on Thursday.’

The Guardian, 26th February 2015

Source: www.guardian.co.uk

Eirian Davies wins £1.3m of family farm in Carmarthenshire – BBC News

Posted February 26th, 2015 in agricultural holdings, compensation, employment, families, news, wills by sally

‘A farmer’s daughter has won £1.3m after working on her parents’ farm for nothing as a teenager while her sisters were having fun.’

BBC News, 25th February 2015

Source: www.bbc.co.uk

Teacher gets life-long ban from profession after admitting affair with student – The Independent

Posted February 26th, 2015 in disqualification, news, professional conduct, teachers by sally

‘A 26-year-old teacher has been disqualified from the profession for life after she admitted to an affair with a student.’

The Independent, 25th February 2015

Source: www.independent.co.uk

Inner Temple Strategic Review

Posted February 25th, 2015 in inns of court, news by sally

Open Session Meeting – Thursday 26th February 2015 from 5pm in the Parliament Chamber

There is an Open Session meeting for all members of the Inner Temple on Thursday 26th February at 5pm for 5.30pm at which the initial findings of the Strategic Review Group will be presented, followed by an opportunity for members of the Inn to have their say.

www.innertemple.org.uk/strategic-review/33-news-events/563-strategic-review-open-session

No entitlement to human rights damages after ‘caste discrimination’ case collapse – UK Human Rights Blog

Posted February 25th, 2015 in appeals, costs, damages, employment tribunals, human rights, immunity, judges, news, race discrimination, recusal, religious discrimination, striking out, wasted costs orders by sally

‘The High Court has ruled that when long-running employment tribunal hearing collapsed as the result of the judge’s recusal due to apparent bias the claimants in the action could not obtain damages for wasted costs under section 6 of the Human Rights Act (HRA) 1998 (specifically Article 6, the right to a fair trial) or the EU Charter.’

UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Assessing Damages: Why the Judges Go Back to Basics and the Very Practical Consequences – Zenith PI Blog

Posted February 25th, 2015 in compensation, damages, hospitals, news, personal injuries by sally

‘Recent cases have show that, when faced with difficult issues of calculation in personal injury cases, judges look back at the very basic principles of personal injury damages. These cases show how important the basic principles of personal injury damages are. The multiplicity of tools now available to assess damages can often lead to the most basic, and important, principles of the law of damages being overlooked when preparing for a trial. It is clear, however, that judges often look to these basic principles first when considering a complex assessment of damages.’

Zenith PI Blog, 24th February 2015

Source: www.zenithpi.wordpress.com

Juliet Wells: Reforming Electoral Law: a Comment on the Law Commission’s Joint Consultation Paper – UK Constitutional Law Association

Posted February 25th, 2015 in constitutional law, elections, Law Commission, news, reports by sally

‘Electoral policy is constantly on the march. Given that the rules prescribing the voting systems to be used in different elections, the extent of the franchise, constituency boundaries, and eligibility to stand play a major part in shaping government and the broader exercise of public power by those within it, it is hardly surprising that macro-electoral policy regularly appears as the subject of vigorous political debates. There are, indeed, no less than seven Bills (including Private Members’ Bills) currently before Parliament relating to significant aspects of the voting system in the UK – including the Recall of MPs Bill, the Voting Age (Comprehensive Reduction) Bill, the Voting (Civic Obligation) Bill, and the Overseas Voters Bill. Other key issues at the forefront of public discussion include proposed changes to the voting system itself, especially in an era of party proliferation, and the suggested inclusion of ‘None of the Above’ as an option on ballot papers, as one response to entrenched (and seemingly increasing) popular disengagement from politics.’

UK Constitutional Law Association, 25th February 2015

Source: www.ukconstitutionallaw.org

Three-parent babies: Britain becomes first country to allow technique after House of Lords approves new regulations – The Independent

Posted February 25th, 2015 in DNA, embryology, health, legislation, news, pregnancy by sally

‘The UK has become the first country in the world to legalise so-called three-parent babies after the House of Lords backed the idea despite objections from church leaders and pro-life groups.’

The Independent, 24th February 2015

Source: www.independent.co.uk

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