EVENT: Advocacy & the Vulnerable – Training for Barristers

Posted April 28th, 2017 in Forthcoming events by sally

‘Inner Temple will be running two Advocacy and the Vulnerable training sessions for barristers on Saturday 17 June 2017. The Advocacy and the Vulnerable national training programme has been designed by His Honour Judge Rook QC, the Bar Council and the Inns of Court College of Advocacy (ICCA) to ensure that all advocates, when dealing with vulnerable witnesses, understand the key principles behind the approach to and questioning of vulnerable people in the justice system. Training is being delivered by the Inns and Circuits and sessions will be led by barristers and judges who have been trained to facilitate these 3-hour sessions. It is anticipated that Advocacy and the Vulnerable training will become mandatory for any advocate wishing to undertake publicly funded work in serious sexual offence cases involving vulnerable witnesses.’

CPD: Course equivalent to 3 CPD hours plus 8 CPD hours for advance preparation

Open to practising barristers of all four Inns.

Date: 17th June 2017

Location: Inner Temple

Charge: Free

More information can be found here.

BAILII: Recent Decisions

Posted April 28th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

DR (Jamaica) v Secretary of State for Home Department [2017] EWCA Civ 271 (26 April 2017)

High Court (Administrative Court)

Hudson v Crown Prosecution Service [2017] EWHC 841 (Admin) (28 April 2017)

Goodman Logistics Developments (UK) Ltd v Secretary of State for Communities and Local Government & Anor [2017] EWHC 947 (Admin) (27 April 2017)

Jagoo v Bristol City Council [2017] EWHC 926 (Admin) (27 April 2017)

K, A & B v Secretary of State for Defence Secretary of State for Foreign and Commonwealth Affairs [2017] EWHC 830 (Admin) (26 April 2017)

High Court (Chancery Division)

Vieira v Revenue And Customs [2017] EWHC 936 (Ch) (28 April 2017)

Housemaker Services Ltd & Anor v Cole & Anor [2017] EWHC 924 (Ch) (26 April 2017)

High Court (Family Division)

A Local Authority v Y [2017] EWHC 968 (Fam) (27 April 2017)

F v M & Anor [2017] EWHC 949 (Fam) (26 April 2017)

High Court (Queen’s Bench Division)

Stewart & Anor v The Commissioner of Police of the Metropolis [2017] EWHC 921 (QB) (28 April 2017)

Kimathi & Ors v The Foreign & Commonwealth Office [2017] EWHC 939 (QB) (27 April 2017)

Kimathi & Ors v The Foreign And Commonwealth Office [2017] EWHC 938 (QB) (27 April 2017)

High Court (Technology and Construction Court)

Peel Port Shareholder Finance Company Ltd v Dornoch Ltd [2017] EWHC 876 (TCC) (26 April 2017)

Source: www.bailii.org

New Acts – legislation.gov.uk

Posted April 28th, 2017 in legislation by tracey

Farriers (Registration) Act 2017

Guardianship (Missing Persons) Act 2017

Merchant Shipping (Homosexual Conduct) Act 2017

Local Audit (Public Access to Documents) Act 2017

Northern Ireland (Ministerial Appointments and Regional Rates) Act 2017

Bus Services Act 2017

Neighbourhood Planning Act 2017

Technical and Further Education Act 2017

Preventing and Combating Violence Against Women and Domestic Violence (Ratification of Convention) Act 2017

Pension Schemes Act 2017

Children and Social Work Act 2017

National Citizen Service Act 2017

Intellectual Property (Unjustified Threats) Act 2017

Homelessness Reduction Act 2017

Broadcasting (Radio Multiplex Services) Act 2017

Parking Places (Variation of Charges) Act 2017

source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 28th, 2017 in legislation by tracey

The Transport Levying Bodies (Amendment) Regulations 2017

The Contracting-out (Transfer and Transfer Payment) (Amendment) Regulations 2017

The Single Common Market Organisation (Emergency Aid) (England and Northern Ireland) Regulations 2017

Source: www.legislation.gov.uk

The Tribunal unleashed – Nearly Legal

Posted April 28th, 2017 in appeals, benefits, housing, human rights, news, regulations by tracey

‘This was the DWP’s appeal to the Upper Tribunal of the First Tier Tribunal’s decision on the Carmichael’s bedroom tax appeal.’

Full story

Nearly Legal, 27th April 2017

Source: www.nearlylegal.co.uk/blog/

Health and safety sentencing ‘still hit and miss’, says expert, as Whirlpool fined £700,000 – OUT-LAW.com

Posted April 28th, 2017 in fines, health & safety, news, sentencing by tracey

‘The substantial fine recently imposed by a court against domestic appliances manufacturer Whirlpool UK Appliances Ltd (Whirlpool) illustrates “how hit and miss” the sentencing of health and safety offences can still be, an expert has said.’

Full story

OUT-LAW.com, 28th April 2017

Source: www.out-law.com

Rachel Jones: Increasing Judicial Diversity – A Constitutional Imperative? – UK Constitutional Law Association

Posted April 28th, 2017 in diversity, judiciary, news by tracey

‘Tuesday marked the launch of JUSTICE’s Working Party report, Increasing judicial diversity. The Lord Chief Justice, Lord Thomas, spoke at the event, alongside Chair of the Working Party and leading public law barrister Nathalie Lieven QC. She urged those present to take up the report’s vision, and outlined recommendations for systemic, long-term change. Attendees included policy-makers, practitioners and members of the senior judiciary.

This post offers some brief reasons to support the report’s key contention: the current lack of gender, ethnic and social diversity in our highest courts is indeed a serious constitutional issue. With this in mind, the article then turns to consider some of the report’s key recommendations.’

Full story

UK Constitutional Law Association, 27th April 2017

Source: www.ukconstitutionallaw.org

Munby lambasts council over “profoundly concerning” adoption case – Local Government Lawyer

Posted April 28th, 2017 in adoption, judges, local government, news by tracey

‘The president of the Family Division, Sir James Munby, has made scathing criticisms of Brighton & Hove City Council’s conduct in a complex adoption case.’

Full story

Local Government Lawyer, 27th April 2017

Source: www.localgovernmentlawyer.co.uk

Criminal Finances Bill receives Royal Assent – Home Office

‘The Criminal Finances Act 2017 will give law enforcement agencies and partners, further capabilities and powers to recover the proceeds of crime, tackle money laundering, tax evasion and corruption, and combat the financing of terrorism.’

Full press release

Home Office, 27th April 2017

Source: www.gov.uk/home-office

Speech by The Rt Hon. The Lord Thomas of Cwmgiedd: Commercial dispute resolution – courts and arbitration – Courts and Tribunals Judiciary

Posted April 28th, 2017 in Commercial Court, dispute resolution, speeches by tracey

‘Today in Beijing, I want, in the context of the necessity to respond to change, to speak about how we ensure that Commercial Courts and arbitral centres work together to enhance expert, efficient and cost-effective commercial dispute resolution and to keep the law up to date.’

Full speech

Courts and Tribunals Judiciary, 25th April 2017

Source: http://www.judiciary.gov.uk

Should I proceed in Dubai or UK for divorce? – Family Law Week

Posted April 28th, 2017 in choice of forum, divorce, news by tracey

‘Byron James barrister, Expatriate Law (United Arab Emirates) considers the interaction between UK family law and divorce proceedings in Dubai.’

Full story

Family Law Week, 27th April 2017

Source: www.familylawweek.co.uk

Hate crime soared in run-up to EU referendum, new figures show – The Independent

Posted April 28th, 2017 in EC law, hate crime, news, referendums, statistics by tracey

‘Hate crime reports in England and Wales soared in the months leading up to last year’s EU referendum, new figures have revealed.’

Full story

The Independent, 27th April 2017

Source: www.independent.co.uk

Antiques Roadshow expert died after hospital ‘neglect’ – BBC News

Posted April 28th, 2017 in hospitals, inquests, mental health, news, restraint by tracey

‘Neglect and gross failure by hospital staff to quickly attempt resuscitation contributed to the death of an Antiques Roadshow expert, an inquest has ruled.’

Full story

BBC News, 27th April 2017

Source: www.bbc.co.uk

Elizabeth Hart-Browne cleared of murdering boyfriend – BBC News

Posted April 28th, 2017 in domestic violence, murder, news by tracey

‘A woman accused of stabbing her boyfriend with a kitchen knife has been cleared of his murder after telling jurors she feared he would kill her.’

Full story

BBC News, 27th April 2017

Source: www.bbc.co.uk

Government loses bid to suppress pollution plan that could drop ‘controversial bomb’ on election – The Independent

Posted April 28th, 2017 in delay, elections, environmental protection, government departments, news by tracey

‘The Government has lost a High Court bid to delay publication of an air pollution plan – described as a “controversial bomb” by its own lawyer – until after the General Election.’

Full story

The Independent, 27th April 2017

Source: www.independent.co.uk

Councils ‘illegally moving dead bodies to cover up grave blunders’ – Daily Telegraph

Posted April 28th, 2017 in burials and cremation, ecclesiastical law, local government, news by tracey

‘Bodies are being illegally shifted by councils to cover up burial errors, a Church of England court has heard.
A judge criticised councils who secretly correct their mistakes by “sliding” bodies across in the ground without lifting them out.’

Full story

Daily Telegraph, 27th April 2017

Source: www.telegraph.co.uk

Marine A: Sergeant Alexander Blackman to be released from prison on Friday – The Independent

‘A Royal Marine who was sentenced to life in prison for killing a wounded Taliban fighter in Afghanistan, will be released from prison on Friday, according to the group set up to campaign for his release.’

Full story

The Independent, 27th April 2017

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted April 27th, 2017 in legislation by Verity

The Greater Manchester Combined Authority (Functions and Amendment) Order 2017

The Combined Authorities (Finance) Order 2017

The International Tax Compliance (Amendment) Regulations 2017

The Tax Credits (Claims and Notifications) (Amendment) Regulations 2017

The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017

The Welfare Reform Act 2012 (Commencement No. 19, 22, 23 and 24 and Transitional and Transitory Provisions (Modification)) Order 2017

The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017

The Offshore Petroleum Production and Pipe-lines (Environmental Impact Assessment and other Miscellaneous Provisions) (Amendment) Regulations 2017

The Employment and Support Allowance (Miscellaneous Amendments and Transitional and Savings Provision) Regulations 2017

The Designation of Schools Having a Religious Character (England) Order 2017

The Major Sporting Events (Income Tax Exemption) Regulations 2017

The Social Security (Miscellaneous Amendments No. 3) Regulations 2017

The Child Benefit (General) (Amendment) Regulations 2017

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017

The Education (Postgraduate Master’s Degree Loans) (Amendment) Regulations 2017

The Horserace Betting Levy Regulations 2017

Source: www.legislation.gov.uk

EVENT: UCL – Abortion in the Twenty-First Century: Moral, Legal, and Cultural Dimensions

Posted April 27th, 2017 in Forthcoming events by sally

‘The event will begin with brief comments by both authors about the central ideas of their respective books. About Abortion confronts the question of why so much of United States politics and society is concerned with the abortion issue. Arguments about Abortion centres on the moral and legal permissibility of terminating pregnancy, and the relevance of arguments about foetal personhood for that question.’

Date: 17th May 2017, 5.30pm

Location: UCL Sir Ambrose Fleming LT, Roberts Building, Torrington Place, London WC1E 7JE

Charge: Free, registration required

More information can be found here.

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority – WLR Daily

EnergySolutions EU Ltd (now ATK Energy EU Ltd) v Nuclear Decommissioning Authority [2017] UKSC 34

‘A company was unsuccessful in its bid in a tender process carried out by a public authority for a contract which fell within the ambit of Parliament and Council Directive 2004/18/EC (“the Public Procurement Directive”) and Council Directive 89/665/EEC , as amended, which provided for remedies for unsuccessful applicants (“the Remedies Directive”) and which had been given effect to in England and Wales by the Public Contracts Regulations 2006, as amended. The Regulations provided that, after notification of the contracting authority’s decision to award the contract, there would be a ten-day standstill period prior to the actual award of the contract during which time an unsuccessful bidder could issue proceedings to challenge the award. The issuing of proceedings would trigger automatic suspension of the contract award until the challenge was determined or otherwise disposed of, although the court had power to require a cross-undertaking from that party to cover the authority’s losses from not entering into the contract with its preferred bidder. Regulation 47D(2), as inserted, however, allowed for a period of 30 days for the issuing of any proceedings, with regulation 47J(2)(c), as inserted, making provision for an award of damages to the unsuccessful bidder if the court found a breach of duty after the contract had been entered into. The company, having been notified that it was an unsuccessful bidder, expressed its concerns with the procurement process but did not issue proceedings until after the expiry of the standstill period, albeit within the 30-day period. On a trial of preliminary issues, where the authority relied on Court of Justice authority which imposed minimum conditions for claims for breaches of an European Union law right, including that the breach had to be “sufficiently serious”, the judge stated that (i) there was nothing in the Remedies Directive which limited the company to recovery of damages on that basis, and (ii) ordinary principles of English law applied to any award of damages under the 2006 Regulations and so the Court of Justice’s rule would not limit the recovery of damages to “sufficiently serious” breaches of the 2006 Regulations. He declined to make any ruling on a third issue, whether the company’s failure to start proceedings within the standstill period and before the authority had entered into the contract meant that it was not entitled to damages, since it could have acted within the ten-day period to prevent the claimed loss from occurring by causing a suspension of the award of the contract to the successful bidder. On the authority’s appeal on the first two issues the Court of Appeal held that the minimum conditions for an award of damages for breach of an European Union law right had been established by the Court of Justice and so article 2(1)(c) of the Remedies Directive only called for an award of damages where the breach was sufficiently serious, but upheld the judge’s decision that there was no such constraint under the 2006 Regulations, and, on an appeal by the company on the third issue, accepted its submission that the judge ought to have decided as a matter of domestic law that it could not be deprived of damages simply because it had failed to avail itself of the opportunity under the 2006 Regulations to issue the proceedings in time to stop the contract being awarded. The authority appealed on the second and third issues, with the company arguing in relation to the first issue that damages could be awarded under article 2(1)(c) for any breach, whether serious or not. After the hearing the parties reached a settlement of the disputes between them in relation to liability and quantum but requested that the court hand down its judgment on the appeal in any event.’

WLR Daily, 11th April 2017

Source: www.iclr.co.uk