BAILII: Recent Decisions

Posted August 18th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Schütz (UK) Ltd v Werit UK Ltd & Anor [2011] EWCA Civ 927 (29 July 2011)

Manchester City Council v G & Ors [2011] EWCA Civ 939 (02 August 2011)

Cleaver & Ors v Schyde Investments Ltd [2011] EWCA Civ 929 (29 July 2011)

Source: www.bailii.org

News focus: Fast-track justice and the riots – Law Society’s Gazette

Posted August 18th, 2011 in criminal justice, criminal procedure, magistrates, news, violent disorder by sally

“Lawyers have recounted extraordinary scenes both of chaos and professional dedication over the past 10 days, as defence solicitors, prosecutors, magistrates and court staff worked through the night to deal with the unprecedented number of people arrested in the wake of last week’s riots across England.”

Full story

Law Society’s Gazette, 18th August 2011

Source: www.lawgazette.co.uk

Payments on Account in Publicly Funded Cases – The Bar Council

Posted August 18th, 2011 in barristers, fees, news by sally

“Following discussions between the Bar Council and the Legal Services Commission (LSC), the Bar Council has been advised that the LSC has investigated all debit notes arising during 2006 or earlier. We have been told that this involved consideration, having regard to all circumstances (including the date of the debit note and the position of counsel’s instructing solicitors), of the appropriate action in relation to individual debts to the LSC.”

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The Bar Council, 17th August 2011

Source: www.barcouncil.org.uk

Riots: glut of appeals anticipated – Law Society’s Gazette

Posted August 18th, 2011 in appeals, news, proportionality, sentencing, violent disorder by sally

“Crown courts could face a glut of appeals in response to the speed at which defendants were dealt with last week, when some magistrates’ courts worked through the night to process defendants.”

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Law Society’s Gazette, 18th August 2011

Source: www.lawgazette.co.uk

LSB to make a recommendation for Order under S.80 of Legal Services Act – Legal Services Board

“The LSB has today (17 August) published its decision document and the Order that it will recommend to the Lord Chancellor should be made under section 80 of the Legal Services Act 2007 about the appeal mechanism for decisions of the Solicitors Regulation Authority (SRA) if it is designated as a Licensing Authority. This follows the consultation Alternative business structures: appeal arrangements which ran from 5 May 2011 to 2 June 2011 and our decision to recommend to the Lord Chancellor that the SRA should be designated as a Licensing Authority.”

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Legal Services Board, 17th August 2011

Source: www.legalservicesboard.org.uk

Lawcast 191: Felicity Gerry on women in the law, practice at the Bar and a view on sentencing – Charon QC

Posted August 18th, 2011 in barristers, podcasts, sentencing, women by sally

“Today I am talking to Felicity Gerry, a practising barrister at 36 Bedford Row, about women in the law, practice at the Bar and, given Felicity’s expertise, we will take a look at the role of the Sentencing Council and her thoughts on the sentences being meted out to the rioters and looters by the courts.”

Podcast

Charon QC, 18th August 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

UK privacy laws are fundamentally flawed, report says – OUT-LAW.com

Posted August 18th, 2011 in data protection, human rights, news, privacy, reports by sally

“UK laws fail to uphold individuals’ privacy rights and must be reformed, a report commissioned by the Equality and Human Rights Commission (EHRC) has said.”

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OUT-LAW.com, 17th August 2011

Source: www.out-law.com

UK Riots: Sentencing Explained – Ministry of Justice

Posted August 18th, 2011 in news, sentencing, violent disorder by sally

“As the courts deal with offenders following the recent riots across the UK, the Ministry of Justice explains how our sentencing system works.”

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Ministry of Justice, 17th August 2011

Source: www.justice.gov.uk

More litigants in person will threaten the county courts with additional delays – Law Society’s Gazette

Posted August 18th, 2011 in county courts, litigants in person, news by sally

“The House of Commons’ justice committee, chaired by Sir Alan Beith MP, predicts an increasing number of litigants in person by reason of the government’s curtailment of legal aid. We are told courts must make ‘adjustments’ to cope with this influx ‘in what are often emotionally charged cases’.”

Full story

Law Society’s Gazette, 18th August 2011

Source: www.lawgazette.co.uk

Tough riot sentences prompt new guidelines for the courts – The Independent

Posted August 18th, 2011 in news, sentencing, violent disorder by sally

“New guidelines to advise judges and magistrates on handing out exemplary justice to people implicated in major civil disturbances are likely in the wake of the thousands of court hearings arising from last week’s riots.”

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The Independent, 18th August 2011

Source: www.independent.co.uk

Key fraudster behind wines and spirits ‘Ponzi’ scheme gets five years – The Guardian

“One of the key figures behind a Mayfair-fronted Ponzi scheme has been sentenced to five years imprisonment after admitting his part in a multimillion-pound wine and spirits investments fraud targeted at American doctors.”

Full story

The Guardian, 17th August 2011

Source: www.guardian.co.uk

Fifth summary of coroners reports to prevent future deaths – Ministry of Justice

Posted August 18th, 2011 in coroners, news, reports by sally

“Announcement of the forthcoming publication of the fifth summary bulletin of coroners’ reports to prevent future deaths and responses.”

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Ministry of Justice, 17th August 2011

Source: www.justice.gov.uk

Hillsborough disaster files decision challenged by government – The Guardian

“The government is to appeal against a ruling that Margaret Thatcher’s discussions about the Hillsborough tragedy should be made public.”

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The Guardian, 17th August 2011

Source: www.guardian.co.uk

Ex-Met chiefs cleared of misconduct – The Independent

Posted August 18th, 2011 in news, police, professional conduct by sally

“The Scotland Yard chiefs who quit over the phone-hacking scandal have been cleared of misconduct.”

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The Independent, 17th August 2011

Source: www.independent.co.uk

England riots: are harsh sentences for offenders justified? – The Guardian

Posted August 18th, 2011 in news, sentencing, violent disorder by sally

“The government says it wants to send out a message. But is there any moral justification for such tough punishments?”

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The Guardian, 17th August 2011

Source: www.guardian.co.uk

Beheading of Graham Rayner preventable, inquiry finds – BBC News

Posted August 18th, 2011 in homicide, inquiries, mental health, news by sally

“The death of a man decapitated by a mental health patient could have been stopped had there not been a catalogue of lost opportunities, an inquiry says.”

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BBC News, 17th August 2011

Source: www.bbc.co.uk

Facebook ban for teenager who encouraged rioters – The Guardian

Posted August 18th, 2011 in community service, incitement, internet, news, violent disorder, young offenders by sally

“A 17-year-old who posted a Facebook message saying ‘come on rioters’ has been banned from social networking sites for 12 months.”

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The Guardian, 17th August 2011

Source: www.guardian.co.uk

Watchdog to probe Taser man’s death – The Independent

Posted August 18th, 2011 in complaints, homicide, news, police, weapons by sally

“The police watchdog has launched an investigation following the death of a man after he was tasered by police.”

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The Independent, 17th August 2011

Source: www.independent.co.uk

England riots: how do judges go about sentencing young offenders? – The Guardian

Posted August 18th, 2011 in detention, news, sentencing, violent disorder, young offenders by sally

“It is axiomatic that judicial discretion is at the heart of a humane criminal justice system but unbridled discretion can lead to discrimination, injustice and disproportionality – as we are learning. But, sentencing offenders, particularly juveniles, is a demanding and complex business. It is beset with the conflicting aims and ideals of the system itself, let alone the variety and nature of the offences and offenders. As criticism grows of some sentences imposed on convicted rioters, it is useful to examine how judges arrive at their decisions.”

Full story

The Guardian, 17th August 2011

Source: www.guardian.co.uk

No court action over vandalism call – The Independent

Posted August 18th, 2011 in incitement, internet, news, sentencing by sally

“A teenager who posted messages on Facebook encouraging people to vandalise a shop at the height of last week’s riots has avoided facing court.”

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The Independent, 17th August 2011

Source: www.independent.co.uk