Director of Public Prosecutions responds to Supreme Court on assisted suicide policy – Crown Prosecution Service

‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’

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Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

Court of Appeal fires warning over lengthy skeleton arguments – Litigation Futures

Posted October 16th, 2014 in appeals, courts, delay, news, skeleton arguments by sally

‘Lord Justice Jackson has led the Court of Appeal in issuing a stark warning to advocates over submitting lengthy skeleton arguments, with his fellow judges making it clear that there will be no special treatment of Commercial Court litigation.’

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Litigation Futures, 16th October 2014

Source: www.litigationfutures.com

To litigate or not to litigate in claims involving wills: practical points for charities – New Square Chambers

Posted October 15th, 2014 in animals, appeals, charities, families, gifts, news, wills by sally

My purpose in this article is to highlight the sort of issues facing charities in deciding whether or not to litigate over a legacy, or residuary gift, contained in a Will. In particular, I shall be looking at a number of cases where charities have faced such difficult decisions, some of which they have got wrong.

Full story (PDF)

New Square Chambers, 2nd October 2014

Source: www.newsquarechambers.co.uk

The Costs of Complexity: A Practical View from the Bar – Littleton Chambers

Posted October 15th, 2014 in appeals, costs, human rights, news, nuisance, Supreme Court by sally

‘In his monthly column, originally published by PLC, James Bickford Smith considers the Supreme Court’s judgments in Coventry v Lawrence (No 2) [2014] UKSC 46 and Marley v Rawlings [2014] UKSC 51, before commenting briefly on relief from sanctions disputes after Denton v White and other appeals [2014] EWCA Civ 906.’

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Littleton Chambers, 3rd October 2014

Source: www.littletonchambers.com

Rectification of Wills Following Marley v Rawlings – No. 5 Chambers

Posted October 15th, 2014 in appeals, documents, news, rectification, Supreme Court, wills by sally

‘David Mtichell, member of No5 Chambers Commercial & Chancery Group, recently gave a talk titled ‘Rectification of Wills Following Marley v Rawlings’ at the No5 Estates Seminar held on 25th September.’

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No. 5 Chambers, 15th October 2014

Source: www.no5.com

Mark Duggan’s family lose attempt to overturn inquest verdict – The Guardian

Posted October 14th, 2014 in appeals, coroners, inquests, jury directions, news, self-defence, unlawful killing by sally

‘The family of Mark Duggan have lost their attempt to overturn an inquest verdict that the police shooting of their loved one was a lawful killing.’

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The Guardian, 14th October 2014

Source: www.guardian.co.uk

Jackson rules on causing psychological harm by intentional statement – Litigation Futures

Posted October 14th, 2014 in appeals, children, injunctions, judges, news, psychiatric damage by sally

‘Lord Justice Jackson has joined two other Court of Appeal judges in ruling that publication of a book detailing a father’s sexual abuse at school could amount to deliberately causing psychological harm to his son under the principles set out in an “obscure tort”.’

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Litigation Futures, 14th October 2014

Source: www.litigationfutures.com

The Supreme Court and the Rule of Law – Speech by Lord Neuberger

The Supreme Court and the Rule of Law (PDF)

Lord Neuberger

The Conkerton Lecture 2014, Liverpool Law Society, 9th October 2014

Source: www.supremecourt.uk

Consultation process not unfair after all, says Court of Appeal – UK Human Rights Blog

Posted October 13th, 2014 in appeals, consultations, news, statutory duty by sally

‘Deciding whether a given consultation process conducted prior to some administrative decision was or was not sufficiently unfair to warrant challenge is not an easy task. Three connected problems commonly arise:

(1) did the public body provide adequate information to enable properly informed consultation

(2) was the consultation at a formative stage of the decision-making process, so it was a real rather than sham process?

(3) did the consultation encompass sufficient alternatives?’

Full story

UK Human Rights Blog, 12th October 2014

Source: www.ukhumanrightsblog.com

Fathers 4 Justice couple lose injunction claim – The Independent

Posted October 13th, 2014 in appeals, costs, evidence, harassment, injunctions, news by sally

‘The couple behind the pressure group Fathers4Justice who claimed a former lobbyist was harassing them have had an application for an injunction against him dismissed due to “a total absence of evidence”.’

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The Independent, 10th October 2014

Source: www.independent.co.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

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The Independent, 12th October 2014

Source: www.independent.co.uk

Appeal court reserves judgment on Max Clifford’s appeal against sentence – The Guardian

Posted October 10th, 2014 in appeals, news, sentencing, sexual offences by sally

‘The appeal court has reserved judgment on an appeal by the publicist Max Clifford against the length of his eight-year jail sentence for sex offences.’

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The Guardian, 9th October 2014

Source: www.guardian.co.uk

QASA ruling: barristers ‘should not only be independent but competent’ – LegalVoice

Posted October 10th, 2014 in advocacy, appeals, barristers, judicial review, Legal Services Board, news by sally

‘The Court of Appeal has unanimously rejected the appeal of criminal barristers arguing that QASA (the Quality Assurance Scheme for Advocates) was unlawful. It was argued that the scheme compromised the independence of advocates and that the decision on the part of the Legal Services Board (LSB) to approve it was unlawful. All grounds were quashed and implementation is now due to take place some eight years after the original proposals were tabled.’

Full story

LegalVoice, 9th October 2014

Source: www.legalvoice.org.uk

Alfie Sullock death: Michael Pearce nine-year term stands – BBC News

Posted October 9th, 2014 in appeals, complaints, homicide, news, sentencing by sally

‘A nine-year jail sentence given to a man who killed his girlfriend’s six-week-old baby was not “unduly lenient”, appeal judges have ruled.’

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BBC News, 8th October 2014

Source: www.bbc.co.uk

Exploitative gangmaster fined only £500 – The Independent

Posted October 9th, 2014 in appeals, fines, gangmasters, news, Northern Ireland, sentencing by sally

‘An illegal gangmaster who made Romanian workers scavenge in bins while charging them to live in an unheated shed has been fined just £500.’

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The Independent, 8th October 2014

Source: www.independent.co.uk

Max Clifford set to appeal his eight year prison sentence for string of indecent assaults today – The Independent

Posted October 9th, 2014 in appeals, news, sentencing, sexual offences by sally

‘Max Clifford, the disgraced PR guru found guilty of a string of indecent assaults in May, it set to appeal his eight year prison sentence today.’

Full story

The Independent, 9th October 2014

Source: www.independent.co.uk

Top poker player Phil Ivey loses £7.7m court battle – BBC News

Posted October 9th, 2014 in appeals, gambling, news by sally

‘Professional poker player Phil Ivey has lost a High Court battle against the owners of a London casino over his £7.7m winnings.’

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BBC News, 8th October 2014

Source: www.bbc.co.uk

Court of Appeal dismisses legal challenge to quality assurance scheme for advocates (QASA) – Bar Standards Board

‘An appeal against the High Court’s decision to dismiss a judicial review of the Quality Assurance Scheme for Advocates (QASA) has today been rejected, on all grounds, by the Court of Appeal.’

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Bar Standards Board, 7th October 2014

Source: www.barstandardsboard.org.uk

Court of Appeal rejects all grounds of challenge to QASA – Local Government Lawyer

‘The Court of Appeal has today [7 October] rejected a challenge to the lawfulness of the Quality Assurance Scheme for Advocates (QASA).’

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Local Government Lawyer, 7th October 2014

Source: www.localgovernemtnlawyer.co.uk

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others – WLR Daily

Posted October 7th, 2014 in airports, appeals, law reports, planning by sally

Redhill Aerodrome Ltd v Secretary of State for Communities and Local Government and others [2014] EWHC 2476 (Admin); [2014] WLR (D) 406

‘The phrase “any other harm” in paragraph 88 of the National Planning Policy Framework (“NPPF”) meant only harm to the Green Belt.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk