From judicial outrage to sliding scales – where next for Wednesbury? – Lord Carnwath
From judicial outrage to sliding scales – where next for Wednesbury? (PDF)
Lord Carnwath
ALBA Annual Lecture, 12th November 2013
Source: www.supremecourt.gov.uk
Category: news
Regina v Leacock; Regina v Blacker; Regina v Trevis; Regina v Nutting; Regina v Morin – WLR Daily
“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”
WLR Daily, 12th November 2013
Source: www.iclr.co.uk
Will Marine “A” keep his anonymity? – UK Human Rights Blog
“Five Royal Marines have lodged a challenge against a ruling that they can be named following the conviction of one of them for the murder of an injured insurgent in Afghanistan.”
UK Human Rights Blog, 18th November 2013
Source: www.ukhumanrightsblog.com
District judges taking hardline approach to Jackson enforcement – Litigation Futures
“An increasing number of reports are emerging of hardline decisions by district judges over non-compliance with the CPR or breach of orders and directions.”
Litigation Futures, 19th November 2013
Source: www.litigationfutures.com
Proving Match Fixing: Lessons from the Stephen Lee case – Sports Law Bulletin from Blackstone Chambers
“The career-ending 12 year ban imposed on World No.8 snooker player Stephen Lee in September this year shook the snooker world. But the Decision of the sports disciplinary tribunal holds an important lesson for the fight against sport-fixing more generally.”
Sports Law Bulletin from Blackstone Chambers, 18th November 2013
Source: www.sportslawbulletin.org
Benefits fraudster who fled to Costa del Sol jailed for three years
“A benefits fraudster who fled to the Costa del Sol ahead of sentencing in 2008 has been jailed for three years. Work and Pensions Secretary Iain Duncan Smith labelled it ‘outrageous’ that 70-year-old Norman Brennan had been in Spain for five years, and vowed to bring the pensioner back to face justice.”
The Independent, 18th November 2013
Source: www.independent.co.uk
Man freed as Parkinson’s disease drug made him expose himself – Daily Telegraph
“The ‘hard-working and respectable family man’ exposed himself due to the effect of drugs he was taking.”
Daily Telegraph, 18th November 2013
Source: www.telegraph.co.uk
W v Neath Port Talbot – Courts, Local Authorities and a Mexican Stand-off – Family Law Week
“Andrew Pack, care lawyer with Brighton and Hove City Council, considers the options for local authorities in the wake of the Court of Appeal’s landmark judgment in W (A Child) v Neath Port Talbot County Borough Council [2013] EWCA Civ 1227.”
Family Law Week, 17th November 2013
Source: www.familylawweek.co.uk
Civil justice reform – another crack in the wall? – Halsbury’s Law Exchange
“The government’s response to the consultation paper on whiplash claims has recently been published. Within it, the government scraps the idea of raising the small claims limit for personal injury claims to £5,000; a measure which would capture most road traffic claims in the UK. It was seen by many as a pivotal brick in the Jackson campaign for proportionate costs, as it would fix the costs entitlement for most whiplash claims at fixed commencement costs for small claims. This would net a significant saving in adverse costs payments at a national level. So, why was a measure of seemingly vital importance discarded so summarily by the government?”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
Hacking trial: The story so far – BBC News
The trial of former News of the World journalists accused of a conspiracy to hack mobile phones is now well under way at the Old Bailey.
BBC News, 16th November 2013
Source: www.bbc.co.uk
Philpott fire deaths appeal planned to be shown on TV
“The appeal hearing for Mairead Philpott and Paul Mosley, convicted of killing six children in a Derby house fire, is expected to be filmed for television.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
Cadbury’s purple mark and Mattel’s Scrabble tile mark are tricky to register – Technology Law Update
“The Court of Appeal has recently handed down judgements in Société des Produits Nestlé SA v Cadbury UK Limited and JW Spear & Sons Limited, Mattel Inc & Mattel UK Limited v Zynga Inc, which emphasise the importance of complying with the conditions of Article 2 of the Trade Marks Directive 2008/95/EC as being a ‘sign’ capable of graphic representation.”
Technology Law Update, 15th November 2013
Source: www.technology-law-blog.co.uk
Extradition: why the government is wrong to remove the automatic right to appeal – Halsbury’s Law Exchange
“The government has come under fire from extradition and human rights practitioners for seeking to remove the automatic right of appeal in extradition cases.”
Halsbury’s Law Exchange, 15th November 2013
Source: www.halsburyslawexchange.co.uk
Mental impairment. How does the employer know? Cox v Essex County Fire and Rescue Service – 13 KBW Employment
“When facing a reasonable adjustments claim one of the first lines of defence for an employer is knowledge. An employer can avail itself of the defence of lack of knowledge of the disability (s.20 of Sch 8 of the Equality Act 2010) if it did not know, and could not reasonably have been expected to know, that the person had a disability. The defence is an impenetrable shield and often forms a key battleground at trial.”
13 KBW Employment, 18th November 2013
Romany Travellers win permission for judicial review over site provision – Local Government Lawyer
“A High Court judge has given a group of Romany Travellers permission for a judicial review over a council’s decision to evict them from an unauthorised site on Green Belt land.”
Local Government Lawyer, 18th November 2013
Source: www.localgovernmentlawyer.co.uk
Google and Microsoft agree measures to block abuse images – BBC News
“Leading search engine companies Google and Microsoft have agreed measures to make it harder to find child abuse images online.”
BBC News, 18th November 2013
Source: www.bbc.co.uk
Judge sums up divorce tycoon Scot Young as a ‘fraudster’ – The Independent
“The bankrupt tycoon embroiled in Britain’s most high-profile divorce has been labelled a ‘fraudster’ in a separate High Court judgment. Scot Young, a property and telecoms magnate in the middle of an acrimonious battle against his estranged wife, has been caught up in separate litigation involving a former lawyer and one of his alleged creditors.”
The Independent, 17th November 2013
Source: www.independent.co.uk
