Month: March 2015

Regina v Kakkad – WLR Daily

Posted March 23rd, 2015 in appeals, confiscation, conspiracy, drug offences, law reports, proceeds of crime by sally

Regina v Kakkad [2015] EWCA Crim 385; [2015] WLR (D) 130

‘In confiscation proceedings, in relation to the benefit to be assessed, the market value of cocaine, to the extent that it was matched by an available cutting agent, was that which would have been obtained by cutting it with that available agent. However, the value of cocaine which was not matched by an equivalent amount of cutting agent in the defendant’s control could not properly be valued on any basis other than its undiluted wholesale form.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission – WLR Daily

Posted March 23rd, 2015 in appeals, disclosure, human rights, immigration, judicial review, law reports by sally

Regina (Secretary of State for the Home Department) v Special Immigration Appeals Commission [2015] EWHC 681 (Admin); [2015] WLR (D) 132

‘In review proceedings under sections 2C and 2D of the Special Immigration Appeals Commission Act 1997, challenging specified decisions of the Home Secretary to exclude an individual from the United Kingdom or refuse applications for naturalisation, the Home Secretary was required to disclose to the Special Immigration Appeals Commission and to the special advocates acting in the closed proceedings such material as had been used by the author of any relevant assessment, relied on by the Home Secretary in reaching the decision, to found or justify the facts or conclusions expressed therein; or if subsequently re-analysed, to disclose such material as was considered sufficient to justify those facts and conclusions and which was in existence at the date of decision.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

High Court finds Tier 1 Entrepreneur landline requirement irrational – Free Movement

Posted March 23rd, 2015 in contracts, documents, immigration, news, visas by sally

‘The High Court has found part of the Tier 1 Entrepreneur rules to be irrational in the case of R (on the application of Sabir & Ors) & Anor v The Secretary of State for the Home Department [2015] EWHC 264 (Admin). Despite succeeding on part of the challenge, though, the case ultimately failed because there were other parts of the rules that the claimant has also been refused under and which the claimant failed to convince the judge were unlawful.’

Full story

Free Movement, 23rd March 2015

Source: www.freemovement.org.uk

Revisiting divorce settlements – Law Society’s Gazette

Posted March 23rd, 2015 in appeals, benefits, divorce, financial dispute resolution, financial provision, news by sally

‘The case of Stephen and Ellen Debruin, recently the subject of an application for leave to appeal by Mr Debruin, reopens the argument about whether the current wide discretion of judges in our divorce laws results in consistent and fair results.’

Full story

Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

Tom Hickman and Maurice Sunkin: Success in Judicial Review: The Current Position – UK Constitutional Law Association

Posted March 23rd, 2015 in Administrative Court, judicial review, Ministry of Justice, news, statistics by sally

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

Full story

UK Constitutional Law Association, 20th March 2015

Source: www.constitutionallaw.org

No convictions over 500 black and Asian deaths in custody – The Guardian

Posted March 23rd, 2015 in death in custody, detention, immigration, minorities, news, police, prosecutions, racism, statistics by sally

‘More than 500 black and ethnic minority individuals have died in suspicious circumstances while in state detention over the past 24 years, but not a single official has been successfully prosecuted, a report examining institutional racism has revealed.’

Full story

The Guardian, 21st March 2015

Source: www.guardian.co.uk

A Point of View: Do parliament’s select committees wield too much power? – BBC News

Posted March 23rd, 2015 in news, parliament, select committees, statistics by sally

‘Parliamentary select committees have seen their profile grow over the past few years, but are they the right way of holding power to account, asks Tom Shakespeare.’

Full story

BBC News, 22nd March 2015

Source: www.bbc.co.uk

High Court: Judges should do “broad justice” when attributing costs between cases – Litigation Futures

Posted March 23rd, 2015 in costs, negligence, news by sally

‘Judges should be content to do “broad justice” when making costs orders to avoid “complicated attempts” to attribute them between a number of cases, the High Court has ruled.’

Full story

Litigation Futures, 23rd March 2015

Source: www.litigationfutures.com

Alex Peguero Sosa death: Lee Dent jailed for murder – BBC News

Posted March 23rd, 2015 in assisting offenders, murder, news, perverting the course of justice, sentencing by sally

‘A man has been jailed for murdering a teenage footballer by stabbing him in the neck with a broken bottle.’

Full story

BBC News, 20th March 2015

Source: www.bbc.co.uk

Car crash Euro-damages against government upheld by CA – UK Human Rights Blog

Posted March 23rd, 2015 in accidents, appeals, damages, drug offences, EC law, insurance, interpretation, news, personal injuries, road traffic by sally

‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’

Full story

UK Human Rights Blog, 22nd March 2015

Source: www.ukhumanrightsblog.com

Smoothie court case leaves nasty taste in the mouth for placenta fans – The Independent

Posted March 23rd, 2015 in birth, environmental health, food, health & safety, human tissue, news by sally

‘Swindon Borough Council argue ‘the processes involved in the production of placenta for human consumption present a number of potentially serious health risks”

Full story

The Independent, 20th March 2015

Source: www.independent.co.uk

Fresh grounds and evidence before the CAT – Competition Bulletin from Blackstone Chambers

Posted March 23rd, 2015 in appeals, competition, evidence, news, ombudsmen, telecommunications, tribunals by sally

‘On the face of it, BT was the main winner in this week’s ruling from the Competition Appeal Tribunal: see British Telecommunications plc v Office of Communications [2015] CAT 6. However, the decision, which makes interesting comments on the rights of parties to adduce new grounds and evidence on an appeal, raises important notes of caution to all parties which may wish to appeal or intervene in future cases.’

Full story

Competition Bulletin from Blackstone Chambers, 20th March 2015

Source: www.competitionbulletin.com

Theresa May drops rules on ordering universities to ban extremist speakers – The Guardian

Posted March 23rd, 2015 in contempt of court, freedom of expression, news, terrorism, universities by sally

‘The home secretary, Theresa May, has been forced to drop new statutory rules under which ministers could order universities and colleges to ban external extremist speakers.’

Full story

The Guardian, 20th March 2015

Source: www.guardian.co.uk

Nigel Roach gets life for trying to kill partner – BBC News

Posted March 23rd, 2015 in attempted murder, attempts, domestic violence, murder, news, sentencing by sally

‘A man has been jailed for life for the attempted murder of his partner in Cardiff.’

Full story

BBC News, 20th March 2015

Source: www.bbc.co.uk

No evidence of regulatory risks from online divorce, research finds – Legal Futures

Posted March 23rd, 2015 in consumer protection, costs, divorce, internet, Legal Services Board, news, statistics by sally

‘There is no evidence of online divorce leading to regulatory risks, joint research by the Legal Services Board (LSB) and Legal Services Consumer Panel has concluded.’

Full story

Legal Futures, 19th March 2015

Source: www.legalfutures.co.uk

Teenager jailed for 22 years for plotting to copy Lee Rigby beheading – The Guardian

Posted March 23rd, 2015 in armed forces, Islam, news, sentencing, terrorism by sally

‘A teenager who was arrested on a London street carrying a knife and hammer in his bag and said he was en route to behead a soldier has been jailed for 22 years.’

Full story

The Guardian, 20th March 2015

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 23rd, 2015 in legislation by sally

SI 2015/651 – The Appointment of a Strategic Highways Company Order 2015

SI 2015/638 – The Scotland Act 2012, Section 31 (Disapplication of UK Landfill Tax) (Appointed Day) Order 2015

SI 2015/637 – The Scotland Act 2012, Section 29 (Disapplication of UK Stamp Duty Land Tax) (Appointed Day) Order 2015
Continue reading…

McCann ‘Twitter troll’ Brenda Leyland ‘killed herself’ – BBC News

Posted March 23rd, 2015 in inquests, internet, media, news, public interest, suicide by sally

‘A woman who “trolled” Madeleine McCann’s family on Twitter killed herself days after she was challenged by reporters, an inquest concluded.’

Full story

BBC News, 20th March 2015

Source: www.bbc.co.uk

Man wins £39k over IVF baby deceit – BBC News

Posted March 23rd, 2015 in assisted reproduction, child support, children, damages, deceit, news, paternity by sally

‘A woman who conned her former husband into believing he was the father of her IVF baby has been ordered to pay £39,000 in damages at the High Court.’

Full story

BBC News, 20th March 2015

Source: www.bbc.uk

Judge praises bravery of schoolgirls who rescued victim of riverside attackers – Daily Telegraph

Posted March 23rd, 2015 in assault, news, school children, victims by sally

‘A judge ordered that three 13-year-old schoolgirls should each be awarded £200 as reward for intervening in violent attack.’

Full story

Daily Telegraph, 21st March 2015

Source: www.telegraph.co.uk