Family solicitors welcome call for tougher enforcement powers – Law Society’s Gazette

Posted December 19th, 2016 in enforcement, families, financial provision, Law Commission, news by sally

‘The Law Commission has called for a cultural change to ensure family financial orders are enforced more effectively, estimating that millions of pounds go unpaid every year as a result of non-compliance. The report has been welcomed by family practitioners.’

Full story

Law Society, 19th December 2016


Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy – UK Constitutional Law Association

‘The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations concerning George Galloway MP’s controversial Iraq charity, the Miriam Appeal. He applied for disclosure of documents under the Freedom of Information Act, arguing that a prohibition from disclosure under s 32 should be interpreted compatibly with Article 10, as required by s 3 of the HRA. However, the Supreme Court declined to follow the recent ECtHR case law, holding that Article 10 did not encompass a right of access to information, deprecating the parties’ failure to rely upon the common law right to information and disagreeing over the question of whether proportionality should replace Wednesbury unreasonableness: see my previous post on this here.’

Full story

UK Constitutional Law Association, 13th December 2016


Justice catches up with 101-year-old paedophile – BBC News

Posted December 19th, 2016 in child abuse, elderly, news, sexual offences by sally

‘A 101-year-old man – thought to be the oldest defendant convicted in England and Wales – has been found guilty of a string of historical child sex offences.’

Full story

BBC News, 16th December 2016


Incurred costs do not need to be contested at first CMC, rule committee says – Litigation Futures

Posted December 19th, 2016 in case management, civil procedure rules, costs, news by sally

‘The cost budgeting rules are to be amended to make it clear that the case management hearing is not the forum to debate incurred costs.’

Full story

Litigation Futures, 16th December 2016


Human rights and business: is international law relevant? – OUP Blog

Posted December 19th, 2016 in company law, human rights, international law, news, United Nations by sally

‘Corporations are now widely seen as having responsibilities in regard to human rights abuses. This was thrown starkly onto the front pages recently when a number of high profile UK companies, including M&S and Asos, were caught up in allegations of child refugees from Syria working in very poor conditions for clothing suppliers based in Turkey. They are just one of many instances around the world where corporations have been shown to be involved in human rights abuses.’

Full story

OUP Blog, 19th December 2016


Application for Permission to Bring Contempt Proceedings: A Useful Illustration (Aviva IInsurance Ltd V Randive) – Zenith PI Blog

Posted December 19th, 2016 in contempt of court, costs, damages, news, personal injuries, road traffic by sally

‘In Aviva Insurance Ltd v Randive [2016] EWHC 3152 (QB). Slade J dealt with the Applicant’s application for permission to bring contempt proceedings against the Respondent. No new points of principle arise, but Slade J’s recitation of the existing principles and treatment of the issues in the case is a useful indication of how common RTA issues are treated in contempt proceedings.’

Full story

Zenith PI Blog, 15th December 2016


Babies made from three people approved in UK – BBC News

Posted December 19th, 2016 in assisted reproduction, DNA, embryology, news by sally

‘Babies made from two women and one man have been approved by the UK’s fertility regulator.’

Full story

BBC News, 15th December 2016


Model agencies fined £1.5m by competition watchdog for price-fixing – The Independent

Posted December 19th, 2016 in competition, fines, news, price fixing by sally

‘Modelling agencies who have represented clients including Cara Delevingne and Kate Moss have been fined a total of £1.5 million for price-fixing, the competition watchdog said today.’

Full story

The Independent, 16th December 2016


How warring divorcees could face travel bans – BBC News

Posted December 19th, 2016 in divorce, enforcement, financial provision, Law Commission, news, penalties by sally

‘Law reformers have called for fresh sanctions against divorcees who try to wriggle out of paying their ex-spouses.’

Full story

BBC News, 16th December 2016


The new domestic violence bill has finally been passed – but there’s a disappointing reason it took so long – The Independent

Posted December 19th, 2016 in bills, crime prevention, domestic violence, news, social services, treaties, victims by sally

‘The current attitude towards victim support reveals much about societal attitudes towards domestic abuse, which does not see dignity as something abuse survivors are entitled to as a fundamental and inalienable human right, but rather as an additional extra for which they must work, opt in to, convince society that they have earned.’

Full story

The Independent, 16th December 2016


Transgender teen who cut parents out of his life wins payout after council let slip his new identity – Daily Telegraph

Posted December 19th, 2016 in damages, families, gender, human rights, mental health, news, transgender persons by sally

‘A transgender teenager who used human rights law to cut his parents out of his life has won thousands of pounds in compensation after a council official let slip his new identity.’

Full story

Daily Telegraph, 18th December 2016


Family seeks justice over alleged ‘honour’ killing – The Guardian

Posted December 19th, 2016 in adoption, domestic violence, India, news, police by sally

‘When Seeta Kaur arrived in India with her children for a three-week visit to her husband’s relatives she was determined that when she returned to Britain it would be with both the sons who had accompanied her.’

Full story

The Guardian, 17th December 2016


Axe-wielding man chased by police through Birmingham is jailed for 18-months – Daily Telegraph

Posted December 19th, 2016 in news, offensive weapons, police, sentencing by sally

‘The British Transport Police have released the moment a thug armed with an axe was stopped in his tracks after being chased through a busy city centre and tasered by police.’

Full story

Daily Telegraph, 18th December 2016


Poppy Widdison death: Mother and partner guilty of cruelty – BBC News

Posted December 19th, 2016 in child cruelty, child neglect, news by sally

‘A mother and her ex-partner have been found guilty of child cruelty after feeding drugs to her four-year-old daughter.’

Full story

BBC News, 16th December 2016


Thousands left homeless by shortage of legal aid lawyers, say charities – The Guardian

‘Thousands of people are being made homeless every year because they cannot find lawyers to help them resist eviction, charities are warning.’

Full story

The Guardian, 18th December 2016


Enforcement of Family Financial Orders – Official Publications

Posted December 16th, 2016 in enforcement, financial provision, Law Commission, press releases by tracey

‘This is the Law Commission’s report on the Enforcement of Family Financial Orders.’

Full press release

Official Publications, 15th December 2016


CMA responses: Law Society and SRA at odds, but McKenzie Friends are happy – Legal Futures

Posted December 16th, 2016 in competition, legal profession, legal services, McKenzie friends, news by tracey

‘The Competition and Market Authority’s (CMA) report on legal services yesterday provoked a predictably mixed response that pitted the Law Society against the Solicitors Regulation Authority, and found support from the body representing paid McKenzie Friends.’

Full story

Legal Futures, 16th May 2016


Businessman who killed his wife and tried to burn the house down jailed for life – Crown Prosecution Service

Posted December 16th, 2016 in arson, domestic violence, murder, press releases, sentencing by tracey

‘A former City trader who knocked his wife unconscious, set her body on fire and then took his dog for a walk has been jailed for life today.’

Full press release

Crown Prosecution Service, 15th December 2016


Recent Statutory Instruments –

Posted December 16th, 2016 in legislation by tracey

The Double Taxation Relief and International Tax Enforcement (Turkmenistan) Order 2016

The Democratic People’s Republic of Korea (European Union Financial Sanctions) (Amendment) (No. 3) Regulations 2016

The Education (Recognised Awards) (Richmond The American International University in London) Order 2016

The Student Fees (Inflation Index) (England) (Amendment) Regulations 2016

The Higher Education (Basic Amount) (England) Regulations 2016

The Higher Education (Higher Amount) (England) Regulations 2016

The Safeguarding and Clergy Discipline Measure 2016 (Commencement No. 3) Order 2016


BAILII: Recent Decisions

Posted December 16th, 2016 in law reports by tracey

Supreme Court

Docherty, R v [2016] UKSC 62 (14 December 2016)

Guraj, R v [2016] UKSC 65 (14 December 2016)

Mirza & Ors, R (on the applications of) v Secretary of State for the Home Department [2016] UKSC 63 (14 December 2016)

Khan v General Pharmaceutical Council (Scotland) [2016] UKSC 64 (14 December 2016)

Court of Appeal (Civil Division)

Wiltonpark Ltd & Ors v Revenue & Customs [2016] EWCA Civ 1294 (15 December 2016)

Magiera v Magiera [2016] EWCA Civ 1292 (15 December 2016)

Entry Clearance Officer -United States of America v MW (United States of America) & Ors [2016] EWCA Civ 1273 (14 December 2016)

Banco Santander Totta SA v Companhia Carris De Ferro De Lisboa SA & Ors [2016] EWCA Civ 1267 (13 December 2016)

Chief Constable of Merseyside Police v McCarthy [2016] EWCA Civ 1257 (13 December 2016)

Baynham v Royal Wolverhampton Hospitals NHS Trust [2016] EWCA Civ 1249 (13 December 2016)

Crystal Property (London) Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWCA Civ 1265 (09 December 2016)

Blue Tropic Ltd & Anor v Chkhartishvili [2016] EWCA Civ 1259 (09 December 2016)

Barney-Smith & Anor v Tonbridge and Malling Borough Council [2016] EWCA Civ 1264 (09 December 2016)

Barclays Bank Plc v Ente Nazionale Di Previdenza Ed Assistenza Dei Medici E Degli Odontoiatri [2016] EWCA Civ 1261 (08 December 2016)

Taberna Europe CDO II Plc v Selskabet AF 1.September 2008 in Bankruptcy [2016] EWCA Civ 1262 (08 December 2016)

Watts v Stewart & Ors [2016] EWCA Civ 1247 (08 December 2016)

Gibson v Douglas & Anor [2016] EWCA Civ 1266 (08 December 2016)

Skelmersdale Ltd Partnership, R (On the Application Of) v West Lancashire Borough Council & Anor [2016] EWCA Civ 1260 (08 December 2016)

Agarwala v Agarwala [2016] EWCA Civ 1252 (08 December 2016)

Court of Appeal (Criminal Division)

Neuberg, R v [2016] EWCA Crim 1927 (15 December 2016)

Browne-Morgan, R v [2016] EWCA Crim 1903 (15 December 2016)

Fuller v R [2016] EWCA Crim 1867 (14 December 2016)

Ehi-Palmer, R v [2016] EWCA Crim 1844 (09 December 2016)

Abdallah & Ors, R v (Rev 1) [2016] EWCA Crim 1868 (08 December 2016)

Bawa-Garba v R [2016] EWCA Crim 1841 (08 December 2016)

Carling & Ors, R v [2016] EWCA Crim B1 (7 December 2016)

High Court (Administrative Court)

Parlinska v District Court In Bydgoszcz (Poland) [2016] EWHC 3251 (Admin) (15 December 2016)

DP v General Dental Council [2016] EWHC 3181 (Admin) (14 December 2016)

MS v Secretary of State for the Home Department [2016] EWHC 3162 (Admin) (09 December 2016)

High Court (Chancery Division)

Baker & Anor v Craggs [2016] EWHC 3250 (Ch) (15 December 2016)

Gillan v HEC Enterprises Ltd & Ors [2016] EWHC 3179 (Ch) (09 December 2016)

The RBS Rights Issue Litigation, Re [2016] EWHC 3161 (Ch) (08 December 2016)

High Court (Commercial Court)

Oldendorff GmbH & Co KG (Oldendorff) v Sea Powerful Ii Special Maritime Enterprises (Head Owners) [2016] EWHC 3212 (Comm) (15 December 2016)

JSC BTA Bank v Ablyazov & Anor [2016] EWHC 3071 (Comm) (09 December 2016)

Ramilos Trading Ltd v Buyanovsky [2016] EWHC 3175 (Comm) (09 December 2016)

Cepia HK Ltd v The Character Group Plc [2016] EWHC 3133 (Comm) (08 December 2016)

High Court (Family Division)

C (A Child), Re [2016] EWHC 3171 (Fam) (08 December 2016)

High Court (Queen’s Bench Division)

Flymenow Ltd v Quick Air Jet Charter GmbH [2016] EWHC 3197 (QB) (15 December 2016)

Harris v Johnston [2016] EWHC 3193 (QB) (14 December 2016)

Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB) (08 December 2016)

OH v Craven [2016] EWHC 3146 (QB) (07 December 2016)

High Court (Technology and Construction Court)

Octoesse LLP v Trak Special Projects Ltd [2016] EWHC 3180 (TCC) (15 December 2016)

Harlequin Property (SVG) Ltd & Anor v Wilkins Kennedy (a firm) [2016] 3188 EWHC (TCC) (12 December 2016)