Government proposes higher court fees for commercial cases – OUT-LAW.com

Posted December 6th, 2013 in civil justice, company law, consultations, courts, fees, news by sally

‘Companies seeking to recover large sums through the civil courts could be charged up to £20,000 in fees under proposals put forward by the Ministry of Justice (MoJ).’

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OUT-LAW.com, 6th December 2013

Source: www.out-law.com

Mba, Article 9 and Indirect Discrimination – Employment Law Blog

‘Ms Eweida, you may recall, is the British Airways employee who wanted to wear a cross on a necklace over her uniform so that others could see it. She considered that that was a religious belief. Over-simplifying, doing what she wanted to do meant a breach of her employer’s dress code. Ms Eweida complained that, amongst other things, she was the victim of an act of indirect discrimination.’

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Employment Law Blog, 5th December 2013

Source: www.employment11kbw.com

BAILII: Recent Decisions

Posted December 6th, 2013 in news by sally

Supreme Court

KL (A Child), Re [2013] UKSC 75 (4 December 2013)

Court of Appeal (Civil Division)

Pokhriyal v The Secretary of State for the Home Department [2013] EWCA Civ 1568 (05 December 2013)

IM (Nigeria) v Secretary of State for the Home Department [2013] EWCA Civ 1561 (05 December 2013)

Chandra & Anor v Brooke North (a firm) & Anor [2013] EWCA Civ 1559 (05 December 2013)

Smith v Secretary of State for Energy And Climate Change [2013] EWCA Civ 1585 (05 December 2013)

MBA v London Borough of Merton [2013] EWCA Civ 1562 (05 December 2013)

Obrey & Ors v The Secretary of State for Work And Pensions & Anor [2013] EWCA Civ 1584 (05 December 2013)

Court of Appeal (Criminal Division)

J & Ors, R. v [2013] EWCA Crim 2287 (05 December 2013)

G & Anor, R. v [2013] EWCA Crim 2237 (05 December 2013)

Scully, R. v [2013] EWCA Crim 2288 (05 December 2013)

Matthews, R. v [2013] EWCA Crim 2238 (05 December 2013)

High Court (Administrative Court)

HC, R (On the Application Of) v Secretary of State for Work and Pensions & Ors [2013] EWHC 3874 (Admin) (06 December 2013)

Lee & Ors v Solihull Magistrates Court & Anor [2013] EWHC 3779 (Admin) (05 December 2013)

Hussain v General Medical Council [2013] EWHC 3865 (Admin) (05 December 2013)

Midcounties Co-Operative Ltd, R (On the Application Of) v Swindon Borough Council & Anor [2013] EWHC 3775 (Admin) (04 December 2013)

High Court (Chancery Division)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2013] EWHC 3788 (Ch) (04 December 2013)

High Court (Commercial Court)

The Insurance Company of the State of Pennsylvania v Equitas Insurance Ltd [2013] EWHC 3713 (Comm) (29 November 2013)

High Court (Family Division)

Asaad v Kurter [2013] EWHC 3852 (Fam) (05 December 2013)

High Court (Queen’s Bench Division)

Norseman Holdings Ltd v Warwick Court (Harold Hill) Management Company Ltd [2013] EWHC 3868 (QB) (04 December 2013)

Source: www.bailii.org

 

Suspension ordered for ‘win at all costs’ Times solicitor – Law Society’s Gazette

‘The Times newspaper’s former legal director is to be suspended from practising for six months from 16 December after a Solicitors Disciplinary Tribunal hearing ruled that he had knowingly allowed a court to be misled through his “win at all costs” approach.’

Full story

Law Society’s Gazette, 6th December 2013

Source: www.lawgazette.co.uk

National Security trumps disclosure of Litvinenko secret documents, rules High Court – UK Human Rights Blog

‘Secretary of State for Foreign and Commonwealth Affairs v Assistant Deputy Coroner for Inner North London [2013] EWHC 3724 (Admin). The Foreign Secretary successfully appealed against an order for disclosure of secret documents to the Inquest for the death of former KGB spy Alexander Litvinenko.’

Full story

UK Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

Isa Muaza granted more time in UK – The Guardian

Posted December 6th, 2013 in asylum, deportation, judicial review, news, restraint orders by sally

‘Asylum seeker who was returned to UK in a failed deportation attempt will stay in the country pending judicial review.’

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The Guardian, 5th December 2013

Source: www.guardian.co.uk

Teacher who molested pupils has sentence increased by court of appeal – The Guardian

Posted December 6th, 2013 in appeals, news, sentencing, sexual offences, teachers by sally

‘A primary school teacher who molested his pupils and filmed children’s genitals as they changed for swimming lessons has seen his six-month jail sentence more than doubled.’

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The Guardian, 5th December 2013

Source: www.guardian.co.uk

Escort Michael Brennan jailed for Paul Simons murder – BBC News

Posted December 6th, 2013 in murder, news, sentencing by sally

‘A male escort has been jailed for life for the “cold and calculated” murder of an antiques dealer.’

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BBC News, 5th December 2013

Source: www.bbc.co.uk

The mother, the C-section baby and ‘secret British court’: a secrecy scandal – or the birth of a scare story? – The Independent

‘The first grim details published about Alessandra Pacchieri’s brief stay in Britain were, as one commentator put it, “the stuff of nightmares”.
Over the past few days, however, a different story has emerged. Transcripts of judgments relating to the case have now been made public and they reveal the nuances behind the apparently callous decisions of judges.’

Full story

The Independent, 6th December 2013

Source: www.independent.co.uk

Christian care worker loses Sunday working discrimination appeal – UK Human Rights Blog

Posted December 6th, 2013 in appeals, care workers, Christianity, employment, news, Sunday trading by sally

‘Mba v London Borough Of Merton [2013] EWCA Civ 1562. The Court of Appeal has dismissed the appeal of a Christian care worker against the decision of the Employment Appeal Tribunal (EAT) that a requirement that she work on Sundays indirectly discriminated against her on the grounds of religion or belief.’

Full story

Uk Human Rights Blog, 5th December 2013

Source: www.ukhumanrightsblog.com

The legal arguments behind the naming of Marine A – The Guardian

Posted December 5th, 2013 in anonymity, appeals, armed forces, courts martial, media, murder, news by sally

‘It has taken more than a year for the courts to agree that the man previously known as Marine A should be named.’

Full story

The Guardian, 5th December 2013

Source: www.guardian.co.uk

Judge orders UK ban of one HTC device but stays decision on ban of another – OUT-LAW.com

Posted December 5th, 2013 in intellectual property, news, patents, stay of proceedings, telecommunications by sally

‘An HTC mobile device will be banned from sale in the UK after Friday afternoon unless the company wins the right to appeal against the imposition of that ban on that timescale.’

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OUT-LAW.com, 5th December 2013

Source: www.out-law.com

Christian Celestina Mba loses Sunday shifts appeal – BBC News

‘A Christian care worker who claimed she was forced to leave her job after refusing to work Sundays because of her faith has lost her legal appeal.’

Full story

BBC News, 5th December 2013

Source: www.bbc.co.uk

Sentencing of Marine A: why neither a harsh nor a lenient sentence is appropriate – Halsbury’s Law Exchange

Posted December 5th, 2013 in armed forces, murder, news, sentencing by sally

‘Most will now be familiar with the widely reported case of Marine A; he was convicted at the Court Martial on 8 November 2013 of murder. On 15 September 2011, Marine A shot a wounded Afghan soldier once in the chest after his base in Helmand had come under attack from two insurgents. An Apache helicopter was sent in as support and the Afghan soldier in question was seriously injured by gunfire from the helicopter. Footage of the incident caught on the helmet mounted camera of a second marine revealed that, upon discovering the injured soldier, Marine A asked if any of his men wanted to give the soldier first aid. Other marines replied in the negative and Marine A proceeded to, as the prosecution described, “execute” the soldier.’

Full story

Halsbury’s Law Exchange, 4th December 2013

Source: www.halsburyslawexchange.co.uk

PM taskforce recommends new powers to tackle extremism – Home Office

‘New measures to tackle extremism and radicalisation across the UK have been proposed by the Prime Minister’s Extremism Taskforce.’

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Home Office, 4th December 2013

Source: www.gov.uk/home-office

Attorney General and the Lord Chief Justice issue revised guidance to the legal profession on disclosure – Attorney General’s Office

Posted December 5th, 2013 in criminal procedure, disclosure, legal profession, news by sally

‘The Attorney General, Dominic Grieve QC MP and the Lord Chief Justice for England and Wales the Lord Thomas today [3 December] published a revised judicial protocol and revised guidance on the disclosure of unused material in criminal cases. They have been prepared following the recommendations of Lord Justice Gross in his September 2011 ‘Review of Disclosure in Criminal Proceedings’ and take account of Lord Justice Gross and Lord Justice Treacy’s ‘Further review of disclosure in criminal proceedings: sanctions for disclosure failure’, published in November 2012.’

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Attorney General’s Office, 3rd December 2013

Source: www.gov.uk/ago

Industrial disease victims central to changes – Ministry of Justice

Posted December 5th, 2013 in asbestos, consultations, costs, industrial injuries, insurance, news, victims by sally

‘Sufferers of a deadly industrial disease are central to new plans to improve the way they claim compensation, Courts Minister Shailesh Vara announced today.’

Full story

Ministry of Justice, 4th December 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Sickness benefits legal challenge to continue – BBC News

‘Two people with mental health problems can continue their challenge against government tests for sickness benefit, the Court of Appeal has ruled.’

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BBC News, 4th December 2013

Source: www.bbc.co.uk

The essential cases every law student should know – The Guardian

Posted December 5th, 2013 in law reports, legal education, news by sally

‘From the longest case in English legal history to Lord Denning’s rulings, judicial decisions are a law student’s bread and butter.’

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The Guardian, 4th December 2013

Source: www.guardian.co.uk

High Court judge orders life-saving bone marrow transplant to go ahead for three-year-old boy against father’s will – The Independent

Posted December 5th, 2013 in children, medical treatment, news, parental rights by sally

‘A three-year-old boy whose father tried to prevent him receiving life-saving hospital treatment will have a bone marrow transplant on Thursday following an emergency ruling by a High Court judge.

Full story

The Independent, 4th December 2013

Source: www.independent.co.uk