Hayes (FC) (Respondent) v Willoughby (Appellant) – Supreme Court

Posted March 21st, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes (FC) (Respondent) v Willoughby (Appellant) [2013] UKSC 17 | UKSC 2012/0010 (YouTube)

Supreme Court, 20th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Call for research into effects on children of giving evidence in abuse cases – The Guardian

Posted March 21st, 2013 in child abuse, children, evidence, news, speeches, witnesses by sally

“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”

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The Guardian, 20th March 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 21st, 2013 in legislation by sally

The Landfill Tax (Amendment) Regulations 2013

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2013

The Visiting Forces (Designation) Order 2013

The Civil Aviation Act 2012 (Commencement No. 1, Transitional, Transitory and Saving Provisions) Order 2013

The Charities (Incorporated Church Building Society) (England and Wales) Order 2013

The Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013

The Bank of England Act 1998 (Macro-prudential Measures) Order 2013

The Financial Services Act 2012 (Consequential Amendments) Order 2013

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No. 2) Order 2013

The Consular Fees (Amendment) Order 2013

The Transfer of Functions (Chequers and Dorneywood Estates) Order 2013

The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

The Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013

The Regional Strategy for the East Midlands (Revocation) Order 2013

The Uncertificated Securities (Amendment) Regulations 2013

The Hydrocarbon Oil Duties (Reliefs for Electricity Generation) (Amendments for Carbon Price Support) Regulations 2013

The Capital Gains Tax (Annual Exempt Amount) Order 2013

The Offshore Funds (Tax) (Amendment) Regulations 2013

The Value Added Tax (Increase of Registration Limits) Order 2013

Source: www.legislation.gov.uk

Trouble for personal injury law firms means trouble for claimants – The Guardian

Posted March 21st, 2013 in costs, fees, law firms, news, personal injuries by sally

“While there is little public sympathy for solicitors the truth is that people will soon find it harder to claim compensation.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

The Supreme Court on harassment: purpose and rationality – UK Human Rights Blog

Posted March 21st, 2013 in crime, defences, harassment, news, Supreme Court by sally

“Harassment is both a civil wrong and a crime. It is a statutory defence to both that the conduct #was pursued for the purpose of preventing or detecting crime’ s.1(3) Protection of Harassment Act 1997. This decision grappled with the problem of the apparently honest but irrational harasser. Was he guilty or did this defence help him? In answering this, the Supreme Court looked at some basic concepts running through great swathes of the law, ‘purpose’, ‘subjective’, ‘objective’, ‘reasonableness’ and, critically, ‘rationality’ – so the case is one not simply for harassment lawyers to look at.”

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UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted March 21st, 2013 in law reports by sally

Supreme Court

Hayes v Willoughby [2013] UKSC 17 (20 March 2013)

Court of Appeal (Civil Division)

Day v Harris & Anor [2013] EWCA Civ 191 (20 March 2013)

Shami v Shami [2013] EWCA Civ 227 (20 March 2013)

El-Dinnaoui v Westminster City Council [2013] EWCA Civ 231 (20 March 2013)

Lord Carlile of Berriew & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 199 (20 March 2013)

High Court (Queen’s Bench Division)

NNN v Ryan & Ors [2013] EWHC 637 (QB) (20 March 2013)

High Court (Chancery Division)

Challinor & 20 Ors v Juliet Bellis & Co & Anor [2013] EWHC 620 (Ch) (19 March 2013)

Centrehigh Ltd v Kare Amen & Ors [2013] EWHC 625 (Ch) (08 March 2013)

High Court (Administrative Court)

Thames Water Utilities Ltd v Bromley Magistrates’ Court [2013] EWHC 472 (Admin) (20 March 2013)

Source: www.bailii.org

Public inquiries should avoid mock trial image, says study – The Guardian

Posted March 21st, 2013 in inquiries, news, reports, trials by sally

“Public inquiries should avoid the atmosphere of a ‘mock trial’ in order to improve dialogue among participants, according to a study.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

Two men found responsible for Omagh bombing after landmark civil action – The Independent

Posted March 21st, 2013 in civil justice, explosives, news, retrials, terrorism by sally

“Two men connected to the republican movement in Northern Ireland have been ruled responsible for the Omagh bombing after a landmark civil action.”

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The Independent, 20th March 2013

Source: www.independent.co.uk

The “noisy minority” of barristers opposed to QASA hit back at BSB claims – Legal Futures

Posted March 21st, 2013 in advocacy, barristers, legal profession, news, quality assurance by sally

“The Bar Standards Board (BSB) chair’s description of opponents of the Quality Assurance Scheme for Advocates (QASA) as ‘a noisy minority of dissenters’ received an immediate high-powered response from criminal law barristers.”

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Legal Futures, 21st March 2013

Source: www.legalfutures.co.uk

Disability hate crime victims being let down, official report says – The Guardian

Posted March 21st, 2013 in crime, disabled persons, hate crime, news, reports, victims by sally

“Victims of disability hate crime are being let down by the criminal justice system and attacks are not being properly recorded, according to a report by three official inspectorates.”

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The Guardian, 21st March 2013

Source: www.guardian.co.uk

Are Bills of Rights Necessary in Common Law Systems? – Justice Dyson Heydon AC

Posted March 18th, 2013 in human rights, legislation, news by sally

Are Bills of Rights Necessary in Common Law Systems?

Justice Dyson Heydon AC

Inner Temple Reader’s Lecture Series, 21st January 2013

Source: www.innertemple.org.uk

Huntsman Brian Fraser jailed over unlicensed gun after he was cleared of shooting ex-lover – The Independent

Posted March 18th, 2013 in DNA, evidence, firearms, grievous bodily harm, news, restraining orders by sally

“A huntsman who was cleared of shooting his former lover outside her country home has been jailed for eight months for possessing a firearm without a licence.”

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The Independent, 18th March 2013

Source: www.independent.co.uk

Labour MP given ‘substantial damages’ after Sun accessed text messages – The Guardian

Posted March 18th, 2013 in damages, inquiries, interception, media, news, privacy, telecommunications, victims by sally

“The Labour MP Siobhain McDonagh has accepted ‘very substantial damages’ from News International, with the Sun admitting that it accessed text messages from her mobile phone after it was stolen, the high court has heard.”

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The Guardian, 18th March 2013

Source: www.guardian.co.uk

Jacob Rowbottom: Entrenching a Royal Charter – some initial thoughts – UK Constitutional Law Group

Posted March 18th, 2013 in bills, charters, legislation, media, news, parliament by sally

“After much political manoeuvring over the weekend, a deal has been struck on the Royal Charter to implement Leveson. A key point is that it will prevent the Charter being unilaterally changed by future governments.”

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UK Constitutional Law Group, 18th March 2013

Source: www.ukconstitutionallaw.org

Landlord jailed over ‘sophisticated’ Gumtree lettings scam – Daily Telegraph

Posted March 18th, 2013 in fraud, internet, landlord & tenant, news, sentencing by sally

“A landlord who conned would-be tenants out of more than £6,000 by advertising on the Gumtree listings website in a ‘highly sophisticated scam’ has been jailed for two years.”

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Daily Telegraph, 18th March 2013

Source: www.telegraph.co.uk

Armed protection officer who bunked off work to meet lover sentenced to nine months in prison – The Independent

“An armed diplomatic security officer who abandoned his duties for extra-marital sex has been sentenced to nine months in prison.”

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The Independent, 18th March 2013

Source: www.independent.co.uk

Brumder v Motornet Service and Repairs Ltd and another – WLR Daily

Brumder v Motornet Service and Repairs Ltd and another [2013] EWCA Civ 195; [2013] WLR (D) 102

“In a personal injury claim, it did not lie in the mouth of a claimant who was a defendant company’s sole director and shareholder to assert that the company had not proved that it had done all it could to ensure compliance with safety regulations when it was only through the claimant that the company could act. In such a case the company would be entitled to raise a defence to that effect.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council – WLR Daily

Posted March 18th, 2013 in judicial review, law reports, local government, planning by sally

Regina (Daws Hill Neighbourhood Forum and others) v Wycombe District Council [2013] EWHC 513 (Admin); [2013] WLR (D) 101

“Section 61G(5) of the Town and Country Planning Act 1990, as inserted, required a local planning authority, in determining an application for a neighbourhood area, to consider whether the area proposed was appropriate, after considering the specific factual and policy matrix that existed in an individual case.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Regina v F – WLR Daily

Posted March 18th, 2013 in appeals, criminal procedure, jurisdiction, law reports, witnesses by sally

Regina v F [2013] WLR (D) 100

“The requirement to inform the Crown Court immediately of a prosecutor’s intention to appeal against a preliminary ruling arose when the ruling was formally given and not on earlier communication by e-mail of the conclusion which the trial judge had reached.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Facilitating the Return of Abducted Children – The judgment of the European Court of Human Rights – Family Law Week

Posted March 18th, 2013 in child abduction, damages, France, human rights, news by sally

“Esther Lieu, a Pupil at Coram Chambers, and Adam Weiss, Legal Director, The AIRE Centre, explain the ECtHR’s recent decision in Raw v France which considered, amongst other matters, the enforcement of court orders and the circumstances in which a parent could represent their children in Strasbourg proceedings.”

Full story

Family Law Week, 18th March 2013

Source: www.familylawweek.com