Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others – WLR Daily

Cramaso LLP v Ogilvie-Grant (Earl of Seafield) and others [2014] UKSC 9; [2014] WLR (D) 64

‘A contracting party could be liable in negligence for a representation made in pre-contractual negotiations which induced the conclusion of the contract by someone other than the original representee.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) – WLR Daily

Posted February 14th, 2014 in law reports, licensing, local government, sex establishments by sally

Regina (Thompson) v Oxford City Council (Spearmint Rhino Ventures (UK) Ltd intervening) [2014] EWCA Civ 94; [2014] WLR (D) 62

‘Where an application was made to renew a sexual entertainment venue licence, the decision maker had to have due regard to fact that the earlier licence had been granted. If no relevant circumstances had changed, he was required to give his reasons for departing from the previous decision when renewal was refused.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina (A) v Chief Constable of C Constabulary – WLR Daily

Posted February 14th, 2014 in criminal records, judicial review, law reports, police, vetting by sally

Regina (A) v Chief Constable of C Constabulary [2014] EWHC 216 (Admin); [2014] WLR (D) 63

‘The proper application of the non police personnel vetting process set out in the national vetting policy devised by the Association of Chief Police Officers required the adoption of a two-stage test, namely: (i) whether there were reasonable grounds for suspecting that X was or had been involved in criminal activity; and (ii) if so, whether it was appropriate in all the circumstances for security clearance to be refused.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Reforms to help reduce reoffending come into force – Ministry of Justice

Posted February 14th, 2014 in criminal records, news, rehabilitation, time limits by sally

‘Reforms which will cut the amount of time some offenders need to disclose details of any low level convictions will come into effect next month, Justice Minister Simon Hughes said today.’

Full story

Ministry of Justice, 13th February 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Fees under the Licensing Act 2003 – Home Office

Posted February 14th, 2014 in fees, licensing, news by sally

‘The Licensing Act 2003 (the 2003 Act) regulates the sale of alcohol, the provision of late night refreshment and regulated entertainment in England and Wales, and is primarily administered by local authorities, acting in their capacity as licensing authorities. Licensing fees are intended to recover the costs that licensing authorities incur in carrying out these licensing functions. Licensing fees are payable to licensing authorities by holders of licences and certificates, and those making applications or issuing notices. This can include, for example, pubs, shops, restaurants and private members’ clubs (such as working men’s clubs).’

Full story

Home Office, 13th February 2014

Source: www.gov.uk/home-office

The British and Europe – Lord Neuberger, President of the Supreme Court

Posted February 14th, 2014 in constitutional law, EC law, human rights, lectures, news by sally

The British and Europe (PDF)

Lord Neuberger, President of the Supreme Court

Cambridge Freshfields Annual Law Lecture, 12th February 2014

Source: www.supremecourt.uk

Asaad v Kurter: The latest round in ‘non-marriage’ cases – is the tide turning? – Family Law Week

Posted February 14th, 2014 in conflict of laws, divorce, marriage, news by sally

‘Lily Mottahedan, barrister at 1 Hare Court, examines the court’s approach in determining whether a marriage was a “non-marriage” or a “void” or “valid” in the recent High Court judgment in Asaad v Kurter [2013] EWHC 3852 (Fam).’

Full story

Family Law Week, 12th February 2014

Source: www.familylawweek.co.uk

Dave Lee Travis found not guilty: Verdict on veteran DJ leaves Operation Yewtree bereft of credibility – The Independent

Posted February 14th, 2014 in assault, news, prosecutions, sexual offences by sally

‘The decision to prosecute historic sex abuse cases involving celebrity defendants has been called into question after veteran DJ Dave Lee Travis was acquitted of 12 sexual assault charges in the first high-profile trial brought by Operation Yewtree.’

Full story

The Independent, 13th February 2014

Source: www.independent.co.uk

Heather Arthur murder: Husband jailed for life – BBC News

Posted February 14th, 2014 in domestic violence, murder, news, sentencing by sally

‘A man who stabbed his wife to death after discovering she was having an affair has been jailed for life.’

Full story

BBC News, 13th February 2014

Source: www.bbc.co.uk

Domestic violence experienced by 30% of female population, survey shows – The Guardian

Posted February 14th, 2014 in domestic violence, news, statistics by sally

‘More than 1.1 million or 7% of women and 720,000 or 4% of men have been victims of some kind of domestic abuse in the past year, official crime figures reveal.’

Full story

The Guardian, 13th February 2014

Source: www.guardian.co.uk

Man who murdered four-year-old Riley Turner given whole-life sentence – The Guardian

Posted February 14th, 2014 in children, murder, news, sentencing by sally

‘A man has been told he will never be released from prison after admitting the murder of a “happy and bubbly” four-year-old boy.’

Full story

The Guardian, 13th February 2014

Source: www.guardian.co.uk

Judiciary mulls allowing parties to agree time extensions between themselves – Litigation Futures

Posted February 14th, 2014 in civil procedure rules, news, practice directions, time limits by sally

‘The judiciary is considering a change to model directions that would allow parties to agree a 28-day extension to time limits without the need for court approval, it has emerged.’

Full story

Litigation Futures, 13th February 2014

Source: www.litigationfutures.com

High Court upholds permission for 200 York homes – OUT-LAW.com

Posted February 14th, 2014 in appeals, housing, local government, news, planning by sally

‘A planning inspector’s decision to grant planning permission for a residential development with no affordable housing to prevent a delay in the contribution the development would make to the local authority’s housing land supply was rational and supported by sufficient reasons, a High Court judge has ruled.’

Full story

OUT-LAW.com, 13th February 2014

Source: www.out-law.com

Police watchdog investigates vigilante murder of disabled Iranian refugee – The Guardian

Posted February 14th, 2014 in complaints, misfeasance in public office, murder, news, police by sally

‘Police watchdog investigators are carrying out house-to-house inquiries in the Bristol street where a disabled Iranian refugee was murdered by a vigilante who wrongly believe him to be a paedophile.’

Full story

The Guardian, 13th February 2014

Source: www.guardian.co.uk

Incendiary Devices: The Snowden Files – The Inside Story of the World’s Most Wanted Man – London Review of Books

Posted February 13th, 2014 in intelligence services, internet, news, whistleblowers by sally

‘What matters more: the leaker, or the leak? Any one of the following, you’d think, might have been the news story of the year, or the decade: the revelation that America’s biggest spy agency, the NSA, has information on every phone call made in the continental United States as well as abroad; that it claims to have direct access to the servers of Google, Yahoo, Facebook and all the other major web companies; that GCHQ, the NSA’s British equivalent, is siphoning off the entire internet and storing some of it for thirty days; that online encryption has been subverted and nothing is safe from government spies. The drift of the stories – which were at their peak last summer, when the Guardian and others first got their hands on Edward Snowden’s documents – was that we’re all being watched all the time. Anything we do online, and any phone call we make, is potentially being analysed by the NSA and its friends. But, as Luke Harding discloses in his book on the Snowden affair, the most viewed story in the Guardian’s history wasn’t any of this: it wasn’t a piece of news at all. It was the 12-minute video, made by Laura Poitras and Glenn Greenwald, in which Snowden explained who he was and why he’d decided to reveal what he had.’

Full story

London Review of Books, February 2014

Source: www.lrb.co.uk

In re West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme Board of the Pension Protection Fund v Board of the West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme and another

Posted February 13th, 2014 in law reports, ombudsmen, pensions, third parties, trusts by sally

In re West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme
Board of the Pension Protection Fund v Board of the West of England Ship Owners Insurance Services Ltd Retirement Benefits Scheme and another [2014] EWHC 20 (Ch); [2014] WLR (D) 58

‘Considerations of fairness and reasonableness could not be imported into the process of construing the provisions of a Levy Determination issued by the Pension Protection Fund (“PPF”) which set out, pursuant to section 175(5) of the Pensions Act 2004, the rules for calculating the annual levy on defined pension benefit schemes eligible to receive compensation from the PPF. If the relevant rule in the Levy Determination did not permit the board of the PPF to interfere in any individual case so as to procure what might be said to be fair or rational in the calculation of the levy, the ombudsman was similarly constrained on a reference.’

WLR Daily, 23rd January 2014

Source: www.iclr.co.uk

Regina (Khan) v Secretary of State for the Home Department – WLR Daily

Posted February 13th, 2014 in appeals, deportation, evidence, immigration, law reports by sally

Regina (Khan) v Secretary of State for the Home Department [2014] EWCA Civ 88; [2014] WLR (D) 60

‘The word “matter” in section 96(1)(b) of the Nationality, Immigration and Asylum Act 2002 was to be interpreted broadly to include both evidence and issues.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Regina v Mitchell (William) – WLR Daily

Posted February 13th, 2014 in appeals, crime, law reports, misfeasance in public office, paramedics by sally

Regina v Mitchell (William) [2014] WLR (D) 61

‘To be the holder of a public office a person had to owe duties to the public over and above duties owed to individual citizens. Therefore a paramedic who did not owe such duties was not a holder of a public office.’

WLR Daily, 12th February 2014

Source: www.iclr.co.uk

Ministry of Defence v Kemeh – WLR Daily

Posted February 13th, 2014 in agency, appeals, armed forces, law reports, race discrimination by sally

Ministry of Defence v Kemeh [2014] EWCA Civ 91; [2014] WLR (D) 59

‘Common law principles of agency were applicable when considering section 32(2) of the Race Relations Act 1976.’

WLR Daily, 11th February 2014

Source: www.iclr.co.uk

Are judges and opposing parties targeting lawyers? Recent cases suggest they are – Legal Futures

Posted February 13th, 2014 in alternative business structures, costs, law firms, news, solicitors by sally

‘A string of recent cases indicate that judges may be increasingly tempted to remind solicitors of their duty to act impartially in litigation, in an era of alternative business structures (ABSs) where their loyalties might be tested, according to a leading criminal lawyer.’

Full story

Legal Futures, 13th February 2014

Source: www.legalfutures.co.uk