Category: news

Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers

Posted January 29th, 2014 in codes of practice, detention, health & safety, hospitals, mental health, murder, news, prisons, transfer of prisoners, tribunals by sally

‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’

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Sovereign Chambers, 29th January 2014

Source: www.sovereignchambers.co.uk

A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court

Posted January 29th, 2014 in confiscation, criminal procedure, defence, disclosure, news, prosecutions by sally

‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’

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Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

Is a cheque book better than a defence statement? – Six Pump Court

Posted January 29th, 2014 in criminal justice, financial regulation, fines, news, penalties, prosecutions, public interest by sally

‘There has recently been a subtle movement away from the traditional approach deployed by the State to tackle economic crime and its consequences. Whilst the criminal justice system is wheeled out and deployed in the more serious or headline capturing cases, there appears to have been a concerted attempt by the government to impose economic penalties and fines upon individuals and companies involved in financial misfeasance through the civil or regulatory route and thus sidestepping the more traditional criminal one.’

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Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

Proving and disproving discrimination – Cloisters

Posted January 29th, 2014 in burden of proof, employment, equality, harassment, news by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

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Cloisters, 14th January 2014

Source: www.cloisters.com

Three charged with stealing food from skip behind Iceland supermarket – The Guardian

Posted January 29th, 2014 in burglary, Crown Prosecution Service, food, news, public interest, vagrancy, waste by sally

‘Crown Prosecution Service claims there is “significant public interest” in prosecuting men arrested for taking discarded food.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted January 29th, 2014 in appeals, bills, consent, EC law, environmental protection, judicial review, law reports, local government, news, planning, railways, Supreme Court, transport by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, law reports, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Mental Health Act detentions up 12% – BBC News

Posted January 29th, 2014 in detention, hospitals, mental health, news, quality assurance, standards, statistics by sally

‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

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NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Bar Council chairman: further legal aid cuts would be false economy – The Guardian

Posted January 29th, 2014 in barristers, budgets, criminal justice, fees, legal aid, miscarriage of justice, news by sally

‘There will be too few experienced barristers to deal with complex criminal cases if the government pushes through proposals for further cuts to legal aid, the new chairman of the Bar Council has warned.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

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Panopticon, 28th January 2014

Source: www.panopticonblog.com

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

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The Independent, 29th January 2014

Source: www.independent.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

Posted January 29th, 2014 in consumer credit, consumer protection, contracts, news, sale of goods, Supreme Court by sally

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

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The Guardian, 28th January 2014

Source: www.guardian.co.uk

Company barred from giving evidence in court due to “substantial delay” in providing witness statements – OUT-LAW.com

Posted January 29th, 2014 in civil procedure rules, confidentiality, courts, delay, evidence, news, time limits, witnesses by sally

‘Civil court litigants must comply with court orders or “face the consequences”, an expert has said, after the High Court barred a company from giving evidence about a particular issue at trial after it failed to exchange witness statements within a reasonable time.’

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OUT-LAW.com, 28th January 2014

Source: www.out-law.com

Legal aid lawyers form new group to oppose cuts – Law Society’s Gazette

Posted January 29th, 2014 in barristers, budgets, demonstrations, legal aid, news, solicitors by sally

‘Groups representing legal aid lawyers have formed a new campaign group to oppose fresh cuts in funding.’

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Law Society’s Gazette, 28th January 2014

Source: www.lawgazette.co.uk

Killer Paul Smith’s appeal rejected in Rosie May murder case – BBC News

Posted January 29th, 2014 in appeals, causing death of children or vulnerable adults, murder, news by sally

‘A man who killed a 10-year-old girl at a Christmas party in 2003 has lost an appeal against his conviction and sentence.’

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BBC News, 28th January 2014

Source: www.bbc.co.uk

Woman ordered to stop posting images of two-year-old granddaughter in Facebook ‘campaign’ after she was taken into care – The Independent

Posted January 28th, 2014 in anonymity, care orders, children, grandparents, news by sally

‘A woman has been ordered to stop an online “campaign” against a court’s decision to take her two-year-old granddaughter into care.’

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The Independent, 28th January 2014

Source: www.independent.co.uk

Ian Watkins verdict: How did he coerce Woman A and Woman B? – Barristers’ Hub

Posted January 28th, 2014 in child abuse, duress, harassment, news by sally

‘Ian Watkins was sentenced to 35 years’ imprisonment for a series of child sex offences, including the attempted rape of a baby, on the 18th of December 2013. His co-defendants, known as Woman A and Woman B, also received lengthy custodial sentences: 14 years and 17 years respectively.’

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Barristers’ Hub, 27th January 2014

Source: www.barristershub.co.uk

Childhood memories can be deceptive – Daily Telegraph

Posted January 28th, 2014 in children, news, witnesses by sally

‘The brain may fill in gaps when it cannot remember details from childhood, according to study which could have important implications for court cases.’

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Daily Telegraph, 28th January 2014

Source: www.telegraph.co.uk

Escalating legal fees – why family judges need to “get a grip” – Halsbury’s Law Exchange

Posted January 28th, 2014 in case management, civil procedure rules, costs, family courts, fees, news by sally

‘Legal fees in family proceedings hit the headlines with Young v Young – the now infamous seven year divorce case which saw £6.5m spent on one side’s legal costs alone.’

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Halsbury’s Law Exchange, 27th January 2014

Source: www.halsburyslawexchange.co.uk