sally – Page 1277 – Current Awareness

Alexander Horne: Is there a case for greater legislative involvement in the judicial appointments process? – UK Constitutional Law Association

Posted March 28th, 2014 in constitutional law, constitutional reform, judiciary, news, parliament by sally

‘The dramatic increase in public law and human rights cases coming before the UK Supreme Court (and the Appellate Committee before it) means that the UK’s top court is more frequently determining essentially socio-political questions. In addition, in recent years, the judiciary has pressed for a rather more expansive definition of judicial independence, with a greater emphasis on the institutional independence of the judiciary. This has tended to lead to more powerful leadership roles, for senior judges in particular.

UK Constitutional Law Association, 27th March 2014

Source: www.ukconstitutionallaw.org

Rape victim’s children face ‘barbaric’ forced adoption – BBC News

Posted March 28th, 2014 in adoption, children, domestic violence, news, rape by sally

‘A mother has described a decision to put her children up for adoption over fears that she may get back with her violent former partner as “barbaric”.’

BBC News, 27th March 2014

Source: www.bbc.co.uk

Drug driving limits announced – Daily Telegraph

Posted March 28th, 2014 in drug abuse, drug offences, news, road traffic offences by sally

‘Legal limits to prevent drug driving have been set out for the first time by ministers in new laws which will come into force this autumn’

Daily Telegraph, 27th March 2014

Source: www.telegraph.co.uk

Hillsborough stadium tragedy inquests: Families await a fresh moment for truth – The Independent

Posted March 28th, 2014 in health & safety, inquests, news, sport by sally

‘The first of the new inquests into a 25-year-old tragedy begins next week, reopening old wounds but also reawakening hopes of closure and justice. Jonathan Brown explains how much is at stake.’

The Independent, 27th March 2014

Source: www.independent.co.uk

FGM charges against doctor criticised by obstetricians and gynaecologists – The Guardian

Posted March 28th, 2014 in doctors, female genital mutilation, news, prosecutions by sally

‘A group of consultant obstetricians and gynaecologists have joined the growing chorus of criticism by maternal health experts of the decision to prosecute a doctor for female genital mutilation.’

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Rapper Joshua Ribera’s killer Armani Mitchell jailed – BBC News

Posted March 28th, 2014 in murder, news, sentencing by sally

‘A teenager who murdered a Birmingham rapper in a street stabbing has been jailed for a minimum of 18 years.’

BBC News, 27th March 2014

Source: www.bbc.co.uk

Foreign convicts awaiting deportation held in jail limbo for years – The Independent

Posted March 28th, 2014 in deportation, detention, human rights, news, visas by sally

‘Foreign offenders awaiting deportation are being locked up for years after their sentences have ended in a potential breach of their human rights, the immigration watchdog has warned.’

The Independent, 27th March 2014

Source: www.independent.co.uk

Barristers call off walkout after legal aid cuts suspended – The Guardian

Posted March 28th, 2014 in barristers, budgets, criminal justice, fees, industrial action, legal aid, news by sally

‘Criminal barristers have called off their industrial action over legal aid payments after reaching a deal with the Ministry of Justice to suspend cuts until after the next general election.’

The Guardian, 27th March 2014

Source: www.guardian.co.uk

Habitual Residence – Habitual Problems – Family Law Week

Posted March 26th, 2014 in appeals, divorce, domicile, EC law, families, interpretation, news by sally

‘Joshua Viney, pupil at 1 Hare Court, considers the implications of the Court of Appeal judgment in Tan v Choy and the ongoing debate concerning the fifth indent of Article 3 of Brussels IIR.’

Family Law Week, 26th March 2014

Source: www.familylawweek.co.uk

The Supreme Court reconsiders nuisance and the power to award damages in lieu of an injunction – Henderson Chambers

Posted March 26th, 2014 in appeals, damages, injunctions, news, noise, nuisance, planning, Supreme Court by sally

‘In the case of Coventry and others (Respondents) v Lawrence and another (Appellants) [2014] UKSC 13 the Supreme Court has addressed five key matters which will play an important role in informing future claims for nuisance.’

Henderson Chambers, 25th March 2014

Source: www.hendersonchambers.co.uk

Planning Practice Guidance: An Overview – No. 5 Chambers

Posted March 26th, 2014 in environmental protection, housing, local government, news, planning by sally

‘On 6 March Nick Boles announced the launch of the new Planning Practice Guidance (‘PPG’). The guidance has been in draft ‘Beta’ format since 28 August 2013. It follows a review of planning policy guidance undertaken by Lord Taylor of Goss Moor which began in October 2012. This note is intended to provide a brief overview of the guidance and some of its key features.’

No. 5 Chambers, 10th March 2014

Source: www.no5.com

Court of Appeal clarifies law on expert evidence – Henderson Chambers

Posted March 26th, 2014 in appeals, civil procedure rules, expert witnesses, news by sally

‘On 13 March 2014 the Court of Appeal handed down judgment in the case of Rogers & Rogers v Hoyle. The appeal deals with two significant issues that can arise in any area of civil practice: the status and admissibility of opinion evidence outside of CPR Part 35 and the extent of the long-standing rule in Hollington v Hewthorn.’

Henderson Chambers, 13th March 2014

Source: www.hendersonchambers.co.uk

Is a limited recourse agreement no longer an effective weapon against winding-up? – 11 Stone Buildings

Posted March 26th, 2014 in consumer credit, EC law, insolvency, news, winding up by sally

‘This article questions the decision in ARM Asset-Backed Securities S.A. [2013] EWHC 3351 CH which found that a company was insolvent despite a contractual limited recourse provision which provided that the company was not liable to pay its bondholders more than its available funds.’

11 Stone Buildings, February 2014

Source: www.11sb.com

The Savile Estate Saga – Sovereign Chambers

Posted March 26th, 2014 in charities, child abuse, executors, news, personal injuries, sexual offences, trusts, wills by sally

‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’

Sovereign Chambers, 19th March 2014

Source: www.sovereignchambers.co.uk

‘You can’t wear that here’ – OUP Blog

Posted March 26th, 2014 in employment, freedom of expression, human rights, news, religious discrimination by sally

‘When a religious believer wears a religious symbol to work can their employer object? The question brings corporate dress codes and expressions of religious belief into sharp conflict. The employee can marshal discrimination and human rights law on the one side, whereas the employer may argue that conspicuous religion makes for bad business.’

OUP Blog, 26th March 2014

Source: www.blog.oup.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 26th, 2014 in legislation by sally

The Police and Criminal Evidence Act 1984 (Application to Revenue and Customs) (Amendment) Order 2014

The HGV Road User Levy Act 2013 (Commencement No.2) Order 2014

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) Order 2014

Source: www.legislation.gov.uk

Care Proceedings: The European Dimension – Family Law Week

Posted March 26th, 2014 in adoption, care orders, children, EC law, families, human rights, jurisdiction, local government, news by sally

‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’

Family Law Week, 25th March 2014

Source: www.familylawweek.co.uk

An English Judge in Europe – The Rt Hon. Lady Justice Arden

Posted March 26th, 2014 in EC law, judges, judiciary, jurisdiction, news by sally

An English Judge in Europe (PDF)

Speech by The Rt Hon. Lady Justice Arden

Judiciary of England and Wales, 11th March 2014

Source: www.judiciary.gov.uk

Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission

Posted March 26th, 2014 in contempt of court, freedom of expression, Law Commission, media, news, pilot schemes, reporting restrictions by sally

‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’

Law Commission, 26th March 2014

Source: www.lawcommission.justice.gov.uk

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