Prison day release rules to be tightened, minister says
‘Day release from prison is to be scaled back following a series of serious crimes committed by offenders temporarily out of jail.’
BBC News, 9th March 2014
Source: www.bbc.co.uk
Author: sally
Assisted suicide could be legalised as Government allows free vote – The Independent
‘MPs and peers will be given a free vote on whether to change the law on assisted suicide, the Government said on Sunday.’
The Independent, 10th March 2014
Source: www.independent.co.uk
Clare’s law letting women know if partner has abusive past rolled out – The Guardian
‘Women will be able to find out if their partners have an abusive past as the domestic violence disclosure scheme – known as Clare’s law – is rolled out across every police force across England and Wales.’
The Guardian, 8th March 2014
Source: www.guardian.co.uk
Legal aid cuts for prisoners face high court challenge – The Guardian
‘The government’s decision to deprive prisoners of legal aid has been challenged in the high court on Thursday by charities warning that it will hamper rehabilitation efforts and fail to save money.’
The Guardian, 6th March 2014
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Dang & Ors v R [2014] EWCA Crim 348 (07 March 2014)
Court of Appeal (Civil Division)
Bailey & Anor v Angove’s PTY Ltd [2014] EWCA Civ 215 (07 March 2014)
Mohamoud v Birmingham City Council [2014] EWCA Civ 227 (07 March 2014)
High Court (Queen’s Bench Division)
Malvicini v Ealing Primary Care Trust [2014] EWHC 378 (QB) (05 March 2014)
McCreaner v Ministry of Justice [2014] EWHC 569 (QB) (07 March 2014)
High Court (Chancery Division)
Hague Plant Ltd v Hague & Ors [2014] EWHC 568 (Ch) (05 March 2014)
Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)
Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 574 (Ch) (05 March 2014)
High Court (Family Division)
Ivleva v Yates [2014] EWHC 554 (Fam) (04 March 2014)
AS (a child), Re [2014] EWHC 606 (Fam) (04 March 2014)
F (Abduction: Consent), Re [2014] EWHC 484 (Fam) (25 February 2014)
High Court (Administrative Court)
Naylor v Essex County Council [2014] EWHC 90 (Admin) (07 March 2014)
Source: www.bailii.org
Tribunal fees regime rolls on. For now… – 13 KBW Employment
‘The union challenge to the Tribunal fees regime was seen off by Chambers’ own Susan Chan, representing the Lord Chancellor as sole counsel, who herself enjoys a busy employment practice. For obvious reasons she is unable to comment on the matter herself. Though of course a public law case, there can scarcely have been a judicial review decision in recent memory of more interest to the employment practitioner.’
13 KBW Employment, 7th March 2014
‘Sexually motivated’ doctor Srinivas Yenugula struck off – BBC News
‘A doctor whose treatment of some female patients was ruled to be sexually motivated has been struck off the medical register.’
BBC News, 7th March 2014
Source: www.bbc.co.uk
“The Only Girl in the World”: the Rihanna judgment and the protection of ‘image rights’ in English law – Sports Law Bulletin from Blackstone Chambers
‘Despite the evident commercial value in the ‘image’ of modern sports personalities (indeed there are annual awards held by the BBC to identify the most noteworthy) there is no specific right to protect one’s image under English law. Relying on a cocktail of different causes of action and legal rights, English law offers some protections to a person whose ‘image’ is exploited for commercial reasons. The ingredients include: copyright and trademarks, the torts of defamation, breach of confidence, passing-off as well potentially through statutory rules ensuring data protection.’
Sports Law Bulletin from Blackstone Chambers, 7th March 2014
Source: www.sportslawbulletin.org
Jessemy v Rowstock Ltd: post-termination victimisation and the limits of judicial reasoning – Employment Law Blog
‘Harini Iyengar explains the Court of Appeal’s conclusion in Jessemy v Rowstock Ltd [2014] EWCA Civ 185 that victimisation of former employees remains unlawful even though “on any natural reading of the relevant provisions of the [Equality Act 2010], taken on their own and without reference to any contextual material, post-termination victimisation is not proscribed”.’
Employment Law Blog, 7th March 2014
Source: www.employment11kbw.com
Non-payment of TV licence fee may be taken out of criminal law – The Guardian
‘Plans to decriminalise the non-payment of the TV licence fee are being considered by government departments in a move designed to ease pressure on the courts, but which could have major repercussions for the BBC.’
The Guardian, 8th March 2014
Source: www.guardian.co.uk
Man caught on video ‘performing sex act on dog’ escapes jail time – The Indepedent
‘A man who filmed himself having sex with his girlfriend’s dog has avoided jail time.’
The Independent, 6th March 2014
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Consumer Credit Act 1974 (Green Deal) (Amendment) Order 2014
The Copyright and Duration of Rights in Performances (Amendment) Regulations 2014
The Submarine Pipe-lines (Electricity Generating Stations) (Revocation) Regulations 2014
The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014
The Certification of Enforcement Agents Regulations 2014
The Mesothelioma Act 2014 (Commencement No.1) Order 2014
The Police Act 1996 (Equipment) (Amendment) Regulations 2014
The Personal Injuries (Civilians) Scheme (Amendment) Order 2014
The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2014
The Electoral Registration (Disclosure of Electoral Registers) (Amendment) Regulations 2014
The Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014
The Teachers’ Pensions (Amendment) Regulations 2014
The Pensions Act 2008 (Commencement No.15) Order 2014
The Crime and Security Act 2010 (Commencement No. 7) Order 2014
Source: www.legislation.gov.uk
Sharing Risk in Collective Actions – Competition Bulletin from Blackstone Chambers
‘Readers of this blog will be familiar with the Government’s announcement, following the conclusion last year of its consultation on private actions in competition law, that it intends to introduce an “opt out” regime for collective competition law actions. In brief, unless they specifically choose to opt out, UK-domiciled consumers and businesses will automatically be included as claimants in collective actions, provided they satisfy the criteria for membership set by the Competition Appeal Tribunal when it certifies the class. One of the particular policy objectives behind this proposal is to empower small businesses and consumers to seek redress in respect of anti-competitive behaviour. The combination of the complexity and cost of seeking such redress is seen currently to form an almost insurmountable hurdle to all but the largest claims.’
Competition Bulletin from Blackstone Chambers,
Source: www.competitionbulletin.com
Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily
‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’
WLR Daily, 27th February 2014
Source: www.iclr.co.uk
Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily
‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’
WLR Daily, 21st February 2014
Source: www.iclr.co.uk
Pullan v Wilson and others – WLR Daily
Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107
‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’
WLR Daily, 28th January 2014
Source: www.iclr.co.uk
Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily
‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’
WLR Daily, 3rd March 2014
Source: www.iclr.co.uk
The Termination of Parental Responsibility: Awaiting the Court of Appeal’s Judgment in the Appeal of CW v SG [2013] EWHC 854 (Fam) – Family Law Week
‘Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal’s judgment in the appeal from CW v SG.’
Family Law Week, 4th March 2014
Source: www.familylawweek.co.uk
Statutory guidance on legal education and training – Legal Services Board
‘The Legal Services Board (LSB) consulted in September 2013 on proposed statutory guidance for
education and training, in advance of regulators proceeding with detailed plans for implementation
of the Legal Education and Training Review (LETR) which itself was initiated following the LSB
Chairman’s Upjohn Lecture of October 2010.’
Legal Services Board, 4th March 2014
Source: www.legalservicesboard.org.uk
