Author: sally

BAILII: Recent Decisions

Posted March 24th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Barclays Bank Plc v Unicredit Bank Ag & Anor [2014] EWCA Civ 302 (20 March 2014)

Fons Hf v Corporal Ltd & Anor [2014] EWCA Civ 304 (20 March 2014)

Bate v Aviva Insurance UK Ltd [2014] EWCA Civ 334 (21 March 2014)

VIS Trading Co Ltd v Nazarov & Anor [2014] EWCA Civ 313 (20 March 2014)

High Court (Queen’s Bench Division)

Building Register Ltd v Weston & Anor [2014] EWHC 784 (QB) (20 March 2014)

Dany Lions Ltd v Bristol Cars Ltd [2014] EWHC 817 (QB) (21 March 2014)

High Court (Chancery Division)

Arsenal Football Club Plc v Reed [2014] EWHC 781 (Ch) (26 February 2014)

Thevarajah & Anor v Riordan & Ors [2014] EWHC 725 (Ch) (21 March 2014)

Enta Technologies Ltd v Revenue And Customs [2014 EWHC 548 (Ch) (21 March 2014)

High Court (Administrative Court)

Mayor & Citizens of the City of Westminster & Anor v Secretary of State for Communities and Local Government [2014] EWHC 708 (Admin) (21 March 2014)

Brown v Carlisle City Council [2014] EWHC 707 (Admin) (21 March 2014)

Bloor Homes East Midlands Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWHC 754 (Admin) (19 March 2014)

Trashorfield Ltd, R (on the application of) v Bristol City Council & Ors [2014] EWHC 757 (Admin) (20 March 2014)

High Court (Family Division)

T (A Child: Care And Placement Orders) [2014] EWHC 798 (Fam) (20 March 2014)

Leicester City Council v Chhatbar & Anor [2014] EWHC 830 (Fam) (28 February 2014)

High Court (Technology and Construction Court)

Fujitsu Services Ltd v IBM United Kingdom Ltd [2014] EWHC 752 (TCC) (21 March 2014)

Source: www.bailii.org

Regina v Achogbuo – WLR Daily

Posted March 24th, 2014 in appeals, child abuse, disclosure, evidence, law reports, legal representation, news, reasons, solicitors, standards by sally

‘An application for permission to appeal against a conviction on grounds of previous incompetent representation by solicitors or counsel should not be made without taking proper steps to inquire whether there was a cogent objective basis for the proposed ground of appeal. It was impermissible to rely alone on the word of the defendant.’

Full story

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Data protection and compensation: the “irreversible march” towards revolutionary change – Panopticon

Posted March 24th, 2014 in compensation, data protection, EC law, news by sally

‘At 11KBW’s Information Law conference this past Tuesday, I talked a bit about the progress of the draft EU Data Protection Regulation. I omitted to mention last week’s development (my reason: I was on holiday in Venice, where data protection seemed less pressing). In a plenary session on 12 March, the European Parliament voted overwhelmingly in support of the Commission’s current draft of the Regulation. This is all explain in this Memo from the European Commission. Here are some key points.’

Full story

Panopticon, 21st March 2014

Source: www.panopticonblog.com

Islamic law to be enshrined in British law as solicitors get guidelines on ‘Sharia compliant’ wills – The Independent

Posted March 24th, 2014 in codes of practice, islamic law, Law Society, news, rule of law, solicitors, wills by sally

‘Islamic law is to be effectively enshrined in the British legal system for the first time under guidelines for solicitors on drawing up “Sharia compliant” wills.’

Full story

The Independent, 23rd March 2014

Source: www.independent.co.uk

Two men first to be charged in UK under FGM Act – The Guardian

Posted March 24th, 2014 in female genital mutilation, news, prosecutions by sally

‘Two men are to be charged in the first UK prosecutions under the Female Genital Mutilation Act, the Crown Prosecution Service (CPS) has announced.’

Full story

The Guardian, 21st March 2014

Source: www.guardian.co.uk

Bungling ‘umbrella robber’ jailed for life – Daily Telegraph

Posted March 24th, 2014 in closed circuit television, firearms, news, robbery, sentencing by sally

‘Judge apologises to victims after court hears armed robber had received life sentences twice before.’

Full story

Daily Telegraph, 21st March 2014

Source: www.telegraph.co.uk

Gay couples look forward to getting married on first legal day – The Guardian

Posted March 24th, 2014 in bills, civil partnerships, equality, homosexuality, marriage, news by sally

‘Historic ceremonies scheduled for 29 March herald new era of equality for gay couples across UK.’

Full story

The Guardian, 21st March 2014

Source: www.guardian.co.uk

TV licence fee evasion could be decriminalised – The Guardian

Posted March 24th, 2014 in bills, criminal justice, fees, licensing, media, news, prosecutions, statistics by sally

‘The government is to launch a formal review of the law that makes it a crime not to pay the TV licence, following a campaign led by backbench Conservative MPs.’

Full story

The Guardian, 21st March 2014

Source: www.guardian.co.uk

John Terry’s father Ted cleared in racial abuse trial – BBC News

Posted March 24th, 2014 in assault, news, racism, sport by sally

‘The father of former England football captain John Terry has been cleared of racially abusing a man in a dispute over a cigarette.’

Full story

BBC News, 21st March 2014

Source: www.bbc.co.uk

Sikh man jailed over knife attack on former Indian general Kuldip Singh Brar – The Independent

Posted March 24th, 2014 in armed forces, assault, grievous bodily harm, India, news, sentencing, Sikhism by sally

‘A Sikh man has received a lengthy jail sentence after being convicted of slashing a former Indian military lieutenant general in the neck while he was on holiday in London.’

Full story

The Independent, 21st March 2014

Source: www.independent.co.uk

Mary Konye jailed for 12 years for acid attack on former friend in east London – The Guardian

Posted March 24th, 2014 in assault, closed circuit television, grievous bodily harm, news, psychiatric damage, sentencing by sally

‘A woman who threw acid in the face of her friend while disguised by a Muslim veil has been jailed for 12 years.’

Full story

The Guardian, 21st March 2014

Source: www.guardian.co.uk

Advocacy – ‘as if’ the Person Represented, or ‘for’ the Person Represented? – Gresham College

Posted March 21st, 2014 in advocacy, barristers, lectures, legal education by sally

‘UK lawyers used to think that advocacy was a God–given art. In the last 20 years – not more – they have discovered how to train advocacy, applying skills acquired from jurisdictions around the world. Analysis of how advocacy really works benefits from looking back at earlier periods, and then looking forward to today and beyond asking whether advocacy is for establishing the truth and whether the advocate is as if the person represented or simply advocating to win on the client’s behalf at almost any cost. This lecture may include practical demonstrations of examples of advocacy and may involve active engagement with the audience – if willing!’

Transcript

Gresham College, 5th March 2014

Source: www.gresham.ac.uk

The Policing Debate – BBC Law in Action

Posted March 21st, 2014 in news, police by sally

‘How have recent stories like undercover policing, the deaths of Mark Duggan and Ian Tomlinson, and “Plebgate” affected public confidence in the police? Do the police have the right powers to do their job and do they use them as they should? Has the introduction of Police and Crime Commissioners in England and Wales helped to make the police more accountable?’

Listen

BBC Law in Action, 21st March 2014

Source: www.bbc.co.uk

Daniel Pelka case council branded inadequate by Ofsted – BBC News

Posted March 21st, 2014 in children, news, reports, social services by sally

‘Children’s services in Coventry – in the spotlight since four-year-old Daniel Pelka’s death – have been branded “inadequate” by Ofsted.’

Full story

BBC News, 21st March 2014

Source: www.bbc.co.uk

Human trafficking: exercise discretion on a case-by-case basis – Halsbury’s Law Exchange

Posted March 21st, 2014 in bills, forced labour, news, trafficking in human beings by sally

‘Slavery is a term of the highest evocative order. The almost universal abhorrence that this term elicits is due, in large part, to the imprint on the modern psyche caused, not by images of those responsible for the slave trade, but by images and tales of their victims.’

Full story

Halsbury’s Law Exchange, 20th March 2014

Source: www.halsburyslawexchange.co.uk

CPS announces first prosecutions for female genital mutilation – CPS News Brief

Posted March 21st, 2014 in female genital mutilation, news, prosecutions by sally

‘The Director of Public Prosecutions has today announced the first ever prosecutions under the Female Genital Mutilation Act.’

Full story

CPS News Brief, 21st March 2014

Source: http://blog.cps.gov.uk

Christians deserve more respect, says top judge – The Independent

Posted March 21st, 2014 in Christianity, human rights, news, religious discrimination by sally

‘One of Britain’s top judges has said it is not difficult to see why British Christians “feel their religious beliefs are not being sufficiently respected” in a speech about the clash between the rights of believers and sexual equality.’

Full story

The Independent, 21st March 2014

Source: www.independent.co.uk

Ofsted to set out changes to school inspection – BBC News

Posted March 21st, 2014 in education, news, quality assurance by sally

‘The head of Ofsted is set to outline changes to school inspections and defend the schools’ watchdog, in a speech to headteachers.’

Full story

BBC News, 21st March 2014

Source: www.bbc.co.uk

English civil court reforms “inconsistent, time-consuming and costly”, says Law Society – OUT-LAW.com

Posted March 21st, 2014 in civil procedure rules, costs, Law Society, news, solicitors by sally

‘Civil courts in England and Wales are increasingly valuing “administration over access to justice” since wide-ranging reforms to procedures and costs came into force last year, the Law Society has claimed.’

Full story

OUT-LAW.com, 20th March 2014

Source: www.out-law.com

Dawn Oliver: Does treating the system of justice as a public service have implications for the rule of law and judicial independence? – UK Constitutional Law Association

Posted March 21st, 2014 in judiciary, news, rule of law by sally

‘If you asked a second year LLB student, or even a professor of public law or a legal practitioner, ‘what are the most fundamental functions of judges and the system of justice?’ you would probably get ‘doing justice to all without fear or favour’ and ‘upholding the rule of law’ among the most common answers. And if you asked ‘what are the most important ways in which performance of these functions is secured?’ you would expect to get ‘independence of the judiciary’ among the answers.’

Full story

UK Constitutional Law Association, 19th March 2014

Source: www.ukconstitutionallaw.org