Blakesley v Secretary of State for Work and Pensions – WLR Daily

Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96

‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted March 4th, 2015 in appeals, contracts, domicile, EC law, jurisdiction, law firms, law reports by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH [2015] EWCA Civ 143; [2015] WLR (D) 95

‘A tortious claim for inducement of breach of a contractual term providing for exclusive jurisdiction of the English Court brought against a defendant domiciled in Germany where the harmful event did not occur in England could not be brought in the English court since article 5(3) of Council Regulation (EC) No 44/2001 did not apply.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev – WLR Daily

JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94

‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Letts) v Lord Chancellor (Equality and Human Rights Commission intervening) [2015] EWHC 402 (Admin); [2015] WLR (D) 90

‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

Regina v Akhtar (Itzaz) – WLR Daily

Regina v Akhtar (Itzaz) [2015] EWCA Crim 176; [2015] WLR (D) 91

‘Where a jury brought in a guilty verdict on one count but were unable to agree on another count, a retrial on that other count was not an abuse of process unless the two counts were true alternatives in that they were mutually exclusive alternatives.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Regina v Boardman – WLR Daily

Posted March 4th, 2015 in appeals, case management, criminal justice, delay, evidence, law reports, trials by sally

Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92

‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’

WLR Daily, 26th February 2015

Source: www.iclr.co.uk

Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another – WLR Daily

Posted March 4th, 2015 in appeals, law reports, local government, planning, retrospectivity by sally

Lawson Buildings Ltd and others v Secretary of State for Communities and Local Government and another [2015] EWCA Civ 122; [2015] WLR (D) 86

‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’

WLR Daily, 25th February 2015

Source: www.iclr.co.uk

Swansea death crash drugs driver Owen Clements jailed – BBC News

Posted March 4th, 2015 in accidents, dangerous driving, drug abuse, news, sentencing by sally

‘A driver who took cocaine and cannabis before crashing his car into a tree and killing two of his friends has been jailed for four years.’

Full story

BBC News, 3rd March 2015

Source: www.bbc.co.uk

Telephone gateway ‘barrier’ to justice – Law Society’s Gazette

Posted March 4th, 2015 in legal aid, legal services, news, telecommunications by sally

‘The new mandatory gateway for civil legal advice may have been a barrier to access to justice, according to charity Public Law Project, which has published research showing the service has been used far less widely than expected.’

Full story

Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

Morecambe Bay: timeline of a scandal – Daily Telegraph

‘As an independent investigation finds that mothers and babies might have lived, if not for appalling blunders by staff, and efforts to hide the failings, we look at the history of the Morecambe Bay NHS scandal.’

Full story

Daily Telegraph, 3rd March 2015

Source: www.telegraph.co.uk

‘What crime have I committed to be held like this?’: inside Yarl’s Wood – The Guardian

‘Migrants and asylum seekers can be locked up at the high-security detention centre indefinitely. Reports of abuse, self-harm and suicide are rife. Now MPs are calling for an end to the ‘expensive, ineffective and unjust’ system. In a rare report, inmates describe their misery.’

Full story

The Guardian, 3rd March 2015

Source: www.guardian.co.uk

PM: Staff and members to face criminal offence of ‘wilful neglect’ over CSE – Local Government Lawyer

‘The Government is to consult on extending the new criminal offence of ‘wilful neglect’ of patients to children’s social care, education and elected members in a bid to eradicate “the culture of denial”, the Prime Minister has announced.’

Full story

Local Government Lawyer, 3rd March 2015

Source: www.localgovernmentlawyer.co.uk

Charles Mann stabbed his mother 11 times and sliced off his penis in naked drug-fuelled attack – The Independent

‘A man has been handed a prison sentence after he stabbed his mother 11 times and sliced off his penis in a naked, drug-fuelled attack.’

Full story

The Independent, 3rd March 2015

Source: www.independent.co.uk

Morecambe Bay report: Bereaved families of babies who died ‘saddened’ but ‘vindicated’ by damning findings – The Independent

‘Parents of newborn babies who died due to shocking failings by maternity staff at Furness General Hospital have spoken of how they are “saddened” but “vindicated” by the publication of the damning Morecambe Bay report.’

Full story

The Independent, 3rd March 2015

Source: www.independent.co.uk

Grayling JR amendment ‘unlawful’ – High Court – Law Society’s Gazette

Posted March 4th, 2015 in costs, judicial review, legal aid, news, regulations, remuneration by sally

‘Regulations that would have limited access to judicial review are unlawful, the High Court ruled today.’

Full story

Law Society’s Gazette, 3rd March 2015

Source: www.lawgazette.co.uk

Complaints to solicitors’ regulator over libel demands from Galloway’s lawyers – The Guardian

Posted March 4th, 2015 in damages, defamation, news, racism, Solicitors Regulation Authority by sally

‘Complaints have been sent to the Solicitors Regulation Authority by Twitter users who have received £6,000 libel demands from solicitors working for the MP George Galloway.’

Full story

The Guardian, 4th March 2015

Source: www.guardian.co.uk

The judicial review of regulations on funding judicial review – NearlyLegal

‘The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the Lord Chancellor lost, but no remedy decided yet. (Disclaimer, I submitted a witness statement in support of the Claimants in this case, on the impact on homeless judicial reviews in particular. So you are warned of any possible partiality.)’

Full story

NearlyLegal, 3rd March 2015

Source: www.nearlylegal.co.uk

Woman acted as surrogate mother for son’s IVF baby, court hears – The Guardian

Posted March 4th, 2015 in adoption, families, news, pregnancy, surrogacy by sally

‘A woman acted as a surrogate mother for a baby whose biological father is her adult son, a family court judge has been told.’

Full story

The Guardian, 4th March 2015

Source: www.guardian.co.uk

Former Morrisons executive Paul Coyle jailed for insider trading – BBC News

Posted March 4th, 2015 in insider dealing, news, sentencing by sally

‘The former treasurer and head of tax at Morrisons supermarkets has been jailed for 12 months after pleading guilty to two counts of insider trading.’

Full story

BBC News, 3rd March 2015

Source:www.bbc.co.uk

Professionals blamed Oxfordshire girls for their sexual abuse, report finds – The Guardian

‘Police and social workers in Oxfordshire had a tainted perception that girls as young as 11 consented to sex with men who raped and brutalised them, an independent report into the failure to stop their exploitation has said.’

Full story

The Guardian, 3rd March 2015

Source: www.guardian.co.uk