Deaths and serious incidents in police custody – Home Office

Posted November 6th, 2017 in coroners, death in custody, police, reports, restraint, suicide by tracey

‘The review’s aims included examining the procedures and processes surrounding deaths and serious incidents in police custody, including the lead up to such incidents and the immediate aftermath, through to the conclusion of official investigations. The report makes 110 recommendations.’

full report

Home Office, 30th November 2017


BAILII: Recent Decisions

Posted November 6th, 2017 in law reports by tracey

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Onuorah [2017] EWCA Civ 1757 (03 November 2017)

Decker, R (on the application of) v Secretary of State for the Home Department & Anor [2017] EWCA Civ 1752 (03 November 2017)

Arthur v Revenue And Customs [2017] EWCA Civ 1756 (03 November 2017)

Court of Appeal (Criminal Division)

Chapman & Ors, R v (Rev 1) [2017] EWCA Crim 1743 (01 November 2017)

High Court (Administrative Court) Decisions

Qin & Ors, R (On the Application Of) v The Commissioner of the Police for the Metropolis & Anor [2017] EWHC 2750 (Admin) (03 November 2017)

Magiera v District Court of Krakow, Poland [2017] EWHC 2757 (Admin) (03 November 2017)

Travis Perkins (Properties) Ltd v Westminster City Council & Ors [2017] EWHC 2738 (Admin) (03 November 2017)

Marwaha v UK Border Revenue Agency (Cash And Compensation Team) [2017] EWHC 2321 (Admin) (02 November 2017)

High Court (Chancery Division)

Campbell v Campbell [2017] EWHC 2747 (Ch) (03 November 2017)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Anor [2017] EWHC 2702 (Comm) (06 November 2017)

High Court (Family Division)

N v J (Power to Set Aside Return Order) [2017] EWHC 2752 (Fam) (03 November 2017)

S (Child as Parent: Adoption: Consent) [2017] EWHC 2729 (Fam) (02 November 2017)

High Court (Queen’s Bench Division)

Optical Express Ltd & Ors v Associated Newspapers Ltd [2017] EWHC 2707 (QB) (03 November 2017)

Bloomsbury Law Solicitor v Macpherson [2017] EWHC 2708 (QB) (03 November 2017)

Visage Ltd & Anor v Mehan & Ors [2017] EWHC 2734 (QB) (03 November 2017)


Law and religion round-up – 5th November – Law & Religion UK

‘A week in which the Westminster sexual exploitation scandal continued to claim scalps, there was an important report on House of Lords reform – and Brexit rumbled on’

Full Story

Law & Religion UK, 5th November 2017


Calls to Lower Voting Age Sidelined – But is There a Human Rights Argument? – Rightsinfo

Posted November 6th, 2017 in bills, elections, enfranchisement, human rights, news, treaties by tracey

‘MPs in Westminster today debated proposals to lower the voting age across the UK to 16 – but could there be a human rights argument for this?’

Full Story

Rightsinfo, 3rd November 2017


Lawyers aim to “intimidate” clients who complain, says report – Legal Futures

Posted November 6th, 2017 in complaints, legal language, legal ombudsman, legal profession, news by tracey

‘Some clients worry being “bamboozled by legal jargon” if they complain to their lawyers, a fear that can be borne out by responses that are “seeming calculated to ‘overwhelm’ or ‘intimidate’ the customer”, according to new research.’

Full Story

Legal Futures, 6th November 2017


Financial claims for children following parental separation: child maintenance and Schedule 1 – Family Law

Posted November 6th, 2017 in child support, judges, legislation, news, statutory interpretation by tracey

‘In the recent case of Green v Adams [2017] EWFC 24 Mr Justice Mostyn discussed the constraints of child support and the perceived shortcomings in the latest child maintenance regime (introduced by the Child Maintenance and Other Payments Act 2008).’

Full Story

Family Law, 3rd Niovember 2017


Speech by The Rt. Hon. The Lord Burnett of Maldon at the Criminal Cases Review Commission – Courts and Tribunals Judiciary

Posted November 6th, 2017 in Criminal Cases Review Commission, miscarriage of justice, speeches by tracey

‘I am very grateful to the Criminal Cases Review Commission for asking me to join you this morning to reflect briefly on your first twenty years of service to the rule of law and cause of justice. As I am first to speak may I thank Linklaters on your collective behalf for their generous hospitality without which this event would not be taking place. It is particularly poignant for me to be here because, as some of you know, I was junior counsel to the May inquiry into the convictions of the Guildford Four and Maguire family and so whilst not quite the midwife to the birth of the Criminal Cases Review Commission was one of those in the delivery room. You have a fascinating day ahead of you and I am only sorry that pressing commitments elsewhere will force me to leave, rather rudely, as soon as I have finished speaking.’

Full speech

Courts and Tribunals Judiciary, 3rd November 2017


The Bar has confounded critics and doomsayers for decades – The Bar Council

Posted November 6th, 2017 in barristers, diversity, legal profession, news, queen's counsel, speeches by tracey

‘The Bar has confounded decades of critics and doomsayers through fearlessness and competition for excellence, Chair of the Bar Andrew Langdon QC told the 32nd Annual Bar and Young Bar Conference today.’

Full Story

The Bar Council, 4th November 2017


New rules to tackle ‘monster’ of civil disclosure – Law Society’s Gazette

Posted November 6th, 2017 in civil justice, disclosure, dispute resolution, documents, news, pilot schemes by tracey

‘Parties in civil litigation will have to persuade a court if they want disclosure to encompass more than just certain key documents, under plans for reforming ‘monster’ levels of disclosure.’

Full Story

Law Society's Gazette, 3rd November 2017


Regulators can be taken to employment tribunals, Supreme Court rules – Law Society’s Gazette

‘Solicitors claiming wrongful dismissal can potentially hold the Solicitors Regulation Authority to account in the employment tribunal following a Supreme Court judgment which clarifies rules on bringing complaints against qualifications bodies. The long-running case Michalak v General Medical Council and others centred on a discrimination complaint brought against the medical regulator by Dr Ewa Michalak. The SRA intervened in support of the GMC.’

Full Story

Law Society's Gazette, 3rd November 2017


Fraud may justify ‘collateral use’ of documents in multiple sets of civil proceedings, court rules –

‘The “strong public interest” in pursuing claims for fraud, bribery and corruption may justify allowing the use of documents obtained in one set of legal proceedings in a different set of proceedings, the High Court has ruled.’

Full Story, 3rd November 2017


Judicial review appeal fails in UK diverted profits tax case –

‘Oil and gas distributing company Glencore Energy’s application for judicial review of the issue of a diverted profits tax (DPT) charging notice by HM Revenue and Customs (HMRC) has been rejected for a second time.’

Full Story, 3rd November 2017


Serious Fraud Office zeros in on large-scale fraud as prosecutions for other offences fall – The Independent

‘As the Serious Fraud Office (SFO) increasingly focuses on large-scale frauds, the overall number of fraud prosecutions in the UK is falling, new figures show.’

Full Story

The Independent, 5th November 2017


Non-custodial sentencing falls sharply in England and Wales – The Guardian

‘Use of non-custodial sentences in England and Wales has fallen sharply but risen significantly in Scotland, according to a report highlighting their effectiveness in preventing re-offending. The comparative study by the Centre for Justice Innovation reveals that over the past decade there has been a 24% decrease in the number of community sentences imposed in England and Wales compared with an 18% increase in Scotland.’

Full Story

The Guardian, 3rd November 2017


Police investigate 17 child sexting cases a day – BBC news

‘Police investigations into children sharing sexual images of themselves and others have more than doubled in two years, figures have shown.’

Full Story

BBC News, 6th November 2017