‘Adrian Barnett-Thoung-Holland, pupil barrister at Fourteen, considers how the Department for Education’s proposed four year plan may affect permanency options for children in care.’
Family Law Week, 17th April 2016
Source: www.familylawweek.co.uk
Regina (Hussain) v Parole Board of England and Wales [2016] EWHC 288 (Admin)
‘The claimant, an indeterminate sentence prisoner, was referred by the Secretary of State to the Parole Board for consideration of his suitability for transfer to open prison conditions for the remaining three years of his minimum custodial term (in accordance with the relevant National Offender Management Service guidance). The purpose of such a transfer was to enable the claimant to demonstrate during that period, and in those conditions, that he no longer posed a level of risk to the public that warranted further detention and could therefore be considered for release at, or shortly after, the expiry of his fixed tariff in 2017. The Board was obliged under the Parole Board Rules 2011 to consider the claimant’s suitability at an oral hearing within 26 weeks of receiving the referral and, although the case was made ready for listing in September 2014, it was only set down in the following February and subsequently heard in May 2015. The defendant accepted that the listing of oral hearings had been subject to substantial delays at the time due to a lack of resources but contended that the claimant had still been moved to open conditions some two years prior to the expiry of his tariff and therefore he had not lost the opportunity to show his suitability for release at the time of his tariff expiry date. The claimant brought a claim for judicial review, contending that the delay in listing the oral hearing was unlawful under common law and in breach of article 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as it had delayed his transfer to open prison conditions and consequently deprived him of the opportunity to demonstrate his suitability for release at, or shortly after, the expiry of his tariff.’
WLR Daily, 24th February 2016
Source: www.iclr.co.uk
‘Britain’s intelligence agencies are preparing to vet the final version of the Chilcot Inquiry’s report into the Iraq war ahead of publication this summer.’
The Independent, 10th April 2016
Source: www.independent.co.uk
‘A firm which filed its costs budget seven days late due to a change in fee-earner has been granted relief from sanctions on appeal.’
Law Society’s Gazette, 5th April 2016
Source: www.lawgazette.co.uk
‘Victims of press intrusion have accused the government of breaking its promise over regulation. The group, which includes Kate and Gerry McCann, says a delay in bringing into law a key part of the Royal Charter agreement is a “betrayal”.’
BBC News, 6th April 2016
Source: www.bbc.co.uk
‘A hospital trust “abdicated its responsibility” in finding out why a baby died six hours after her birth, an independent review has found.’
BBC News, 1st April 2016
‘The government’s blanket ban on legal highs that was due to come into effect on 6 April has been postponed for at least a month, the Home Office has said.’
The Guardian, 30th March 2016
Source: www.guardian.co.uk
‘A High Court judge has awarded the family member of an EU national a total of £136,048 in damages. The award consists of £76,578 for false imprisonment and £59,470 for breach of EU law. The Home Office is also criticised for having made “inaccurate and misleading” submissions to previous judges on multiple occasions and the damages include not just compensatory damages for lost earnings and distress but also special damages, aggravated damages and exemplary damages.’
Free Movement, 30th March 2016
Source: www.freemovement.org.uk
‘The Court of Appeal will not give its decision on an appeal by footballer Ched Evans against his conviction for rape until April, judges have said.’
BBC News, 23rd March 2016
Source: www.bbc.co.uk
‘The police investigation into the plane crash at the Shoreham Airshow – which killed 11 people – is being delayed as detectives are being forced to seek permission from the courts to gain access to key information from the Air Accidents Investigation Branch (AAIB), a pre-inquest review has heard.’
Daily Telegraph, 22nd March 2016
Source: www.telegraph.co.uk
‘In January, there was yet another twist in the plot of the ever-developing law regarding delayed flights. This time it came from Her Honour Judge Melissa Clarke, sitting at Luton County Court, in the matter of Evans v Monarch Airlines.’
No. 5 Chambers, 16th March 2016
Source: www.no5.com
‘This Claim concerns an alleged road traffic accident on 17th March 2013 when UKI’s insured, Mr Miller, is alleged to have negligently driven into Mr Gentry causing him personal injuries and losses. UKI received no co-operation from Mr Miller, but in February 2014 discovered that he knows Mr Gentry. This then formed the basis of an allegation of a fraudulent collusion and the desire for UKI to put and argue this allegation of fraud at Trial.’
Park Square Barristers, 14th March 2016
Source: www.parksquarebarristers.co.uk
‘A Family Court judge has ordered a council to pay a 10-year-old boy £5,000 in damages after it failed for three years to seek to revoke a placement order.’
Local Government Lawyer, 15th March 2016
Source: www.localgovernmentlawyer.co.uk
‘Lord Justice Jackson has upheld a £211,000 claim won by default after the defendant missed their final chance to submit a court document.’
Law Society’s Gazette, 15th March 2016
Source: www.lawgazette.co.uk
‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’
Litigation Futures, 10th March 2016
Source: www.litigationfutures.com
‘Cases are taking up to 19 months to reach trial in the court of appeal because of increasing courtroom backlogs, according to the judge in charge of introducing online justice.’
The Guardian, 7th March
Source: www.guardian.co.uk
‘The claimant suffered a head injury and was taken to a hospital managed by the defendant. A CT scan was performed some six hours after his admission and he was transferred to another hospital where he underwent surgery. He was left with cognitive and neuropsychological deficits. He claimed damages in negligence against the defendant contending, inter alia, that the defendant’s negligent delay in undertaking the CT scan had resulted in a period of raised intra-cranial pressure which had caused or materially contributed to his brain damage. The defendant contended that only if the claimant could establish that damaging raised intra-cranial pressure caused by the defendant’s negligence had caused his brain injury that, applying the classic “but for” test of causation, he could recover as against the defendant, and that it was insufficient to establish “material contribution”.’
WLR Daily, 16th March 2016
Source: www.iclr.co.uk
‘National Audit Office warns criminal justice system ‘not delivering value for money’, with victims facing delays, collapsed cases and postcode lottery.’
Daily Telegraph, 1st March 2016
Source: www.telegraph.co.uk
‘The High Court has ruled that Anwar Hussain was a victim of a ‘systematic failure’ after his Parole Board hearing was delayed.’
Daily Telegraph, 25th February 2016
Source: www.telegraph.co.uk
‘CPS lawyers have been criticised for failing to engage effectively with defence practitioners amid efforts to reduce delays in magistrates’ courts.’
Law Society’s Gazette, 22nd February 2016
Source: www.lawgazette.co.uk
© Inner Temple Library 2024