‘A client’s loss of mental capacity in the course of proceedings does not automatically terminate their solicitor’s retainer, the High Court ruled yesterday.’
Litigation Futures, 6th February 2014
Source: www.litigationfutures.com
‘Readers over the age of 24 do not fall into Jack Wills’ core target market, and may therefore be unfamiliar with the clothing brand’s “Mr Wills” pheasant logo. On the other hand, those readers who are Jack Wills devotees may want to check when you get home that you have not got confused and accidentally purchased, for about the same price, a House of Fraser product adorned with this equally delightful but nonetheless different bird. If you did get confused, it is perfectly understandable. After all, they’re both silhouettes of birds “equipped with accessories associated with an English gentleman”, as Mr Justice Arnold explained last week in Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch).’
Competition Bulletin from Blackstone Chambers, 4th February 2014
Source: www.competitionbulletin.com
‘Richardson v Director of Public Prosecutions [2014] UKSC 8. The tactics of protesters engaging in demonstrations, or acts of civil disobedience, frequently raise interesting questions of law. A demonstration by two activists opposed to the Israeli occupation of the Palestinian Territories, who entered a shop in Covent Garden which sold produce from the Dead Sea, produced on an Israeli settlement, recently resulted in the Supreme Court addressing two such questions.’
UK Human Rights Blog, 7th February 2014
Source: www.ukhumanrightsblog.com
‘Public lawyers across the country are anxiously scrutinising yesterday’s response by the Lord Chancellor, Chris Grayling, to the Judicial Review consultation and the associated Criminal Justice and Courts Bill. They are seeking to ascertain the extent to which access to judicial review will be restricted and, in the case of many firms with legal aid contracts in public law, to see if whether their business will remain financially viable at all.’
UK Constitutional Law Group, 6th February 2014
Source: www.ukconstitutionallaw.org
‘The Supreme Court has allowed the removal of two pieces of land, that were incorrectly registered as town or village greens (TVGs), from the register preventing their redevelopment, despite the landowners’ lengthy delays in applying for the rectifications.’
OUT-LAW.com, 7th February 2014
Source: www.out-law.com
‘Controversial proposals to restrict judicial review will go ahead by way of a “a tough package of reform”, the government confirmed yesterday. Publishing its response to the consultation, Judicial Review: Proposals for further reform, the justice secretary, Chris Grayling, said: “I believe in protecting judicial review as a check on unlawful executive action, but I am equally clear that it should not be abused, to act as a brake on growth.”
LegalVoice, 6th February 2014
Source: www.legalvoice.org.uk
‘Would it be a fantasy too far to imagine that the ghost of the late Lord Denning has been whispering in the ears of their Lordships Neuberger, Clarke, Sumption, Carnwath and Hodge? Possibly not, given the Denning-esque outcome in the wills “mix-up” case of Marley v Rawlings and another. The facts of the case were simple. Mr and Mrs Rawlings wanted mirror wills leaving everything to each other and thereafter to Terry Marley who they treated as a son. On 17 May 1999 their solicitor visited them with drafted wills for the purpose of execution. However, Mr Rawlings executed Mrs Rawlings’ will and vice versa. Both wrongly executed wills were witnessed by their solicitor and a secretary. Each will correctly used such relevant words as “his”, “her”, “testator” and “testatrix”.’
Halsbury’s Law Exchange, 6th February 2014
Source: www.halsburyslawexchange.co.uk
‘In Hazel and Huggins v Manchester College [2014] EWCA Civ 72 the Court of Appeal has dismissed the College’s appeal against a majority Employment Tribunal decision that the dismissals of two lecturers at HMP Elmley in Kent, Mrs Hazel and Mrs Huggins (“H&H”) were not for an “economic technical or organisational” (ETO) reason that entailed a change in the workforce, but were because they refused to agree to new, reduced terms, and this was connected to a TUPE transfer, making their dismissals automatically unfair.’
Education Law Blog, 7th February 2014
Source: www.education11kbw.com
‘In order to determine whether conduct which amounted to an offence contrary to section 3(1) of the Dangerous Dogs Act 1991 of being the owner of a dog which was dangerously out of control in a public place was a “crime of violence”, for the purposes of the Criminal Injuries Compensation Scheme, it was necessary to have regard to the nature of the offence rather than its consequences. Negligently to allow a dog to escape, even a dog known to be aggressive, did not constitute a crime of violence.’
WLR Daily, 3rd February 2014
Source: www.iclr.co.uk
‘A chef who stabbed his girlfriend 40 times and waited five hours before calling 999 has been found guilty of murder at Swansea Crown Court.’
BBC News, 6th February 2014
Source: www.bbc.co.uk
‘A police officer who lied about witnessing the Plebgate row was jailed for 12 months today. Keith Wallis, 53, of West Drayton, West London, sent an email to Conservative deputy chief whip John Randall, who was his MP, wrongly claiming that he had seen what happened as Andrew Mitchell left Downing Street on September 19, 2012.’
Daily Telegraph, 6th February 2014
Source: www.telegraph.co.uk
‘A former nursery worker has been acquitted over the death of a three-year-old girl in her care. Lydia Bishop got her neck caught in a rope on an outdoor slide in September 2012, on what was her first full day at York College nursery. Sophee Redhead, 25, of York, had denied manslaughter by gross negligence.’
BBC News, 6th February 2014
Source: www.bbc.co.uk
‘A former headteacher at the prep school attended by Deputy Prime Minister Nick Clegg has been sentenced to eight years’ imprisonment for abusing boys at the school.’
Daily Telegraph, 6th February 2014
Source: www.telegraph.co.uk
‘A man who phoned police and said he was going to put a bomb in a mosque and wanted “to hang Muslims in the street” has been jailed for 12 months.’
BBC News, 6th February 2014
Source: www.bbc.co.uk
‘The Coronation Street star William Roache was acquitted of two counts of rape and five charges of indecent assault on Thursday at the end of a trial that raised questions about the decision of police and prosecutors to press charges.’
The Guardian, 6th February 2014
Source: www.guardian.co.uk
‘An aristocrat has been jailed for two years after admitting beating his wife over a 22-year period. Lord Edward Somerset, 55, the son of the Duke of Beaufort, admitted four counts of assault occasioning actual bodily harm between 1990 and 2012.’
Daily Telegraph, 6th Febraury 2014
Source: www.telegraph.co.uk
‘The lives of a British couple who are fighting extradition to the United States over an alleged work expenses fraud have been “shattered”, the High Court has heard. Paul and Sandra Dunham, from Northampton, launched their action after the US Department of Justice sought their extradition over what the couple claim is an “employment-related dispute”.’
The Independent, 7th February 2014
Source: www.independent.co.uk
‘Sarah Phillimore, barrister of St John’s Chambers, Bristol, and Daniela Nickols, associate solicitor with Mowbray Woodwards, analyse the recent case of X,Y, and Z [2014] EWHC 87 (COP) in which the Court of Protection considered the interplay between the best interests of a protected party and that party’s children.’
Family Law Week, 5th February 2014
Source: www.familylawweek.co.uk
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