‘A claimant who took a credit hire case from the small claims court all the way to the Court of Appeal must pay her own costs because the defendant insurer’s behaviour was not “unreasonable”, appeal judges have ruled.’
Litigation Futures, 2nd March 2015
Source: www.litigationfutures.com
‘The recent case of Laporte v The Commissioner for the Police of the Metropolis [2015] EWHC 371 (QB), which came before Turner J (pictured), reinforced the pro-ADR stance of courts and the obligation on parties to seriously consider and engage with ADR processes. Although the case also dealt with indemnity costs, this article specifically focuses upon ADR.’
Law Society’s Gazette, 2nd March 2015
Source: www.lawgazette.co.uk
‘In a recent judgment, the Court of Appeal held that where a criminal suspect is remanded in custody, Article 5 of the Convention requires the police to notify the court as soon as possible if there is no longer a reasonable basis for suspecting them. It also held that the police and CPS must aid the court in observing its duty to show ‘special diligence’ in managing a suspect’s detention, by investigating the case conscientiously and by promptly bringing relevant material to the court’s attention.’
UK Human Rights Blog, 27th February 2015
Source: www.ukhumanrightsblog.com
‘Do you provide services to public sector bodies? Do you want to? Whether your customer or target is part of government, or an independent publicly-funded institution such as a hospital or university, you should be aware of the Public Contracts Regulations 2015. These changes, the majority of which came into force this week, offer greater flexibility in public authority purchasing and increased visibility and supplier access.’
Technology Law Update, 27th February 2015
Source: www.technology-law-blog.com
‘The insurance industry today claimed they had achieved a major success after the Court of Appeal ruled that judges evaluating credit hire claims involving pecunious claimants should adopt the “lowest reasonable rate”.’
Litigation Futures, 26th February 2015
Source: www.litigationfutures.com
‘Under Section 56 of the Data Protection Act 1998 (DPA), it will soon be a criminal offence for an employer or other third party to require a data subject to supply records obtained through a subject access request. An employer, or a supplier of goods and services, cannot therefore make employment or provision of goods and services conditional on a data subject making a subject access request and providing their records.’
Halsbury’s Law Exchange, 26th February 2015
Source: www.halsburyslawexchange.co.uk
‘In the wake of Stoke Mandeville’s report on Jimmy Savile, an award-winning project that works with prisoners has cut reoffending rates by 83%.’
The Guardian, 1st March 2015
Source: www.guardian.co.uk
‘Judge regrets stopping trial because Muslim man gave evidence having sworn on the Bible instead of the Koran.’
Daily Telegraph, 27th February 2015
Source: www.telegraph.co.uk
‘Evidence drawn up on David Cameron’s orders alleges that Public Interest Lawyers continued to pursue torture and murder claims for a year after realising that they may be “untrue”.’
Daily Telegraph, 1st March 2015
Source: www.telegraph.co.uk
‘Sixty five young adults and teenagers have died in prison in four years, a new report reveals.’
The Independent, 2nd March 2015
Source: www.independent.co.uk
‘New rules on driving under the effects of drugs will come into effect from tomorrow.’
The Independent, 1st March 2015
Source: www.independent.co.uk
‘More than 300 young people have been groomed and sexually exploited by gangs of men in Oxfordshire in the past 15 years, a damning report into the failures of police and social services to stop years of sexual torture, trafficking and rape will reveal, the Guardian has learned.’
The Guardian, 1st March 2015
Source: www.guardian.co.uk
SI 2015/329 – The Election Judges Rota Rules 2015
SI 2015/326 – The Criminal Legal Aid (General) (Amendment) Regulations 2015
SI 2015/325 – The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015
SI 2015/316 – The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment and Revocation) Rules 2015
Continue reading…
Court of Appeal (Criminal Division)
‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’
WLR Daily, 5th February 2015
Source: www.iclr.co.uk
Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84
‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’
WLR Daily, 19th February 2015
Source: www.iclr.co.uk
JSC Bank of Moscow v Kekhman and others [2015] EWHC 396 (Ch); [2015] WLR (D) 82
‘When considering whether to exercise its discretion to make a bankruptcy order on a debtor’s petition, the court was to have regard to whether the petitioner could show (1) that he had a sufficiently close connection with England and Wales; (2) that there was a reasonable possibility of benefit resulting from the making of a bankruptcy order; and (3) that one or more persons interested in the distribution of assets were persons over whom the English court could exercise jurisdiction.’
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80
Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
‘The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.’
UK Human Rights Blog, 25th February 2015
Source: www.ukhumanrightsblog.com
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