High Court quashes “irrational” LeO decision against barrister but upholds record SDT fine – Legal Futures

‘A High Court judge has overturned a Legal Ombudsman (LeO) decision that a barrister had not earned his fee, but separately upheld a Solicitors Disciplinary Tribunal (SDT) decision to hand out a record fine.’

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Legal Futures, 7th February 2014

Source: www.legalfutures.co.uk

Barrister who intentionally misled client over appeal to be disbarred – Bar Standards Board

Posted February 7th, 2014 in appeals, barristers, disciplinary procedures, drafting, news, professional conduct by tracey

‘A public disciplinary tribunal has this week ordered the disbarment of a barrister for intentionally misleading his client by drafting false grounds of appeal – despite knowing there were none.’

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Bar Standards Board, 5th February 2014

Source: www.barstandardsboard.org.uk

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) – Supreme Court

Posted February 6th, 2014 in appeals, crime, demonstrations, law reports, Supreme Court, trespass by sally

Richardson and another (Appellants) v Director of Public Prosecutions (Respondent) [2014] UKSC 8 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) – Supreme Court

Adamson (FC) (Appellant) v Paddico (267) Limited (Respondent); Mrs Gill Taylor (on behalf of the Society for the Protection of Markham and Little Francis) (Appellant) v Betterment Properties (Weymouth) Limited (Respondent) [2014] UKSC 7 (YouTube)

Supreme Court, 5th February 2014

Source: www.youtube.com/user/UKSupremeCourt

Supreme Court in key ruling on village greens and rectification – Local Government Lawyer

‘The Supreme Court has handed down a major ruling on applications to rectify the register of town and village greens, lapses of time and the question of whether there would be a serious detriment or prejudice should an application be granted.’

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Local Government Lawyer, 5th February 2014

Source: www.localgovernmentlawyer.co.uk

Cellar girl case rapist Ilyas Ashar has sentence increased – BBC News

Posted February 5th, 2014 in appeals, news, rape, sentencing, trafficking in human beings by sally

‘A couple who trafficked a 10-year-old girl to the UK and kept her as a servant for almost a decade have had their sentences increased.’

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BBC News, 4th February 2014

Source: www.bbc.co.uk

Court of Appeal finds rape and human trafficking sentences unduly lenient –

Posted February 5th, 2014 in appeals, news, sentencing, trafficking in human beings by sally

‘Manchester couple who kept vulnerable woman as unpaid domestic servant see sentences increased.’

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Attorney General’s Office, 4th February 2014

Source: www.gov.uk/ago

Court of appeal rejects challenge over legality of stop-and-search powers – The Guardian

‘A woman who was stopped and searched by police after her Oyster travel card was refused has had a legal challenge dismissed by the court of appeal.’

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The Guardian, 4th February 2014

Source: www.guardian.co.uk

High Court refuses permission to appeal QASA ruling and makes maximum costs order – Legal Futures

Posted February 4th, 2014 in appeals, barristers, costs, news, quality assurance by sally

‘The High Court has today refused permission to appeal against the recent ruling on the Quality Assurance Scheme for Advocates (QASA).’

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Legal Futures, 4th February 2014

Source: www.legalfutures.co.uk

Ann Juliette Roberts loses police stop-and-search case – BBC News

Posted February 4th, 2014 in appeals, human rights, London, news, police, race discrimination, stop and search by sally

‘A woman who was searched by police after refusing to pay a bus fare in London has had her appeal case over stop-and-search powers rejected.’

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BBC News, 4th February 2014

Source: www.bbc.co.uk

Regina (Das) v Secretary of State for the Home Department and others – WLR Daily

Posted February 4th, 2014 in appeals, detention, immigration, law reports, mental health by sally

Regina (Das) v Secretary of State for the Home Department and others [2014] EWCA Civ 45; [2014] WLR (D) 39

‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 4th, 2014 in appeals, confiscation, consent, law reports, Northern Ireland, Supreme Court by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

Whole life sentences – the issues before the Court of Appeal – Halsbury’s Law Exchange

Posted February 4th, 2014 in appeals, human rights, news, sentencing by sally

‘On 24 January 2014, a five-judge Court of Appeal sat to hear the latest in the legal-political battle between London and Strasbourg.’

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Halsbury’s Law Exchange, 3rd February 2014

Source: www.halsburyslawexchange.co.uk

Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’

Full story

Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

Stop and search ruling due – The Guardian

Posted February 4th, 2014 in appeals, human rights, London, news, police, race discrimination, stop and search by sally

‘The court of appeal is due to rule on a challenge over the legality of random stop-and-search powers aimed at tackling street violence.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

Honeymoon murder suspect can be extradited to South Africa, says High Court – UK Human Rights Blog

‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’

Full story

UK Human Rights Blog, 1st February 2014

Source: www.ukhumanrightsblog.com

No reason for reasons redux – NearlyLegal

Posted February 3rd, 2014 in appeals, homelessness, housing, local government, news, reasons by tracey

‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’

Full story

NearlyLegal, 2nd February 2014

Source: www.nearlylegal.co.uk/blog/

Can a solicitor be personally liable to pay costs? – Halsbury’s Law Exchange

Posted February 3rd, 2014 in Administrative Court, appeals, costs, fraud, news, solicitors, witnesses by tracey

‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’

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Halsbury’s Law Exchange, 31st January 2014

Source: www.halsburyslawexchange.co.uk

Regina v Lewis (Leroy) – WLR Daily

Posted February 3rd, 2014 in appeals, assault, attempts, evidence, indictments, jurisdiction, law reports, theft by tracey

Regina v Lewis (Leroy): [2013] EWCA Crim 2596;   [2014] WLR (D)  38

‘Once an indictment had been properly preferred and signed it remained the indictment in the case, so that the Crown Court had jurisdiction to try a case where no evidence had been offered on the single indictable offence and only summary offences were left to be tried.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk

Honeymoon murder suspect Shrien Dewani loses attempt to block extradition to South Africa – Daily Telegraph

Posted January 31st, 2014 in appeals, extradition, mental health, murder, news by sally

‘Shrien Dewani has been fighting removal from the UK to face proceedings over wife Anni’s death until he has recovered from mental health problems.’

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Daily Telegraph, 31st January 2014

Source: www.telegraph.co.uk