Judiciary needs a pay rise – says senior judge on £200k salary – Daily Telegraph

Posted November 3rd, 2017 in judiciary, news, pensions, remuneration by sally

‘The judiciary needs a pay rise, a senior judge paid more than £200,000 a year has said. Lord Justice Gross, who sits in the Court of Appeal, made the comments in a speech to the Institute of Maritime Law on Wednesday. He said: “No one goes into the Judiciary to make money. But there comes a point when pay is so far out of line with the private sector market that it endangers recruitment – of the very best – and retention. There is a danger in relying unduly on goodwill.”‘

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Daily Telegraph, 2nd November 2017

Source: www.telegraph.co.uk

Brecon Beacons deaths: families dismayed at junior officers’ charges – The Guardian

Posted November 3rd, 2017 in armed forces, courts martial, health & safety, inquests, negligence, news by sally

‘The families of three men who suffered fatal heat illness during an SAS training march in the Brecon Beacons have expressed dismay that two relatively junior special services soldiers face charges of neglect rather than more senior figures or Ministry of Defence officials.’

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The Guardian, 2nd November 2017

Source: www.theguardian.com

Home Office monitoring of missing foreign offenders criticised – BBC News

Posted November 3rd, 2017 in deportation, fugitive offenders, immigration, news by sally

‘Not enough is being done to find almost 56,000 absconded foreign nationals due to be deported, a report has said. The Chief Inspector of Borders and Immigration said efforts to monitor a further 80,000 foreign offenders and illegal immigrants was being “seriously compromised” by Home Office failings.’

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BBC News, 2nd November 2017

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 2nd, 2017 in law reports by sally

Court of Appeal (Civil Division)

The London Taxi Corporation Ltd (t/a the London Taxi Company) v Frazer-Nash Research Ltd & Anor [2017] EWCA Civ 1729 (01 November 2017)

Tinsley v Manchester City Council & Ors [2017] EWCA Civ 1704 (01 November 2017)

Actavis Group PTC EHF & Anor v Teva UK Ltd & Ors [2017] EWCA Civ 1671 (01 November 2017)

Bedford County Council v GE (Eritrea) [2017] EWCA Civ 1521 (01 November 2017)

Kamki v The Secretary of State for the Home Department [2017] EWCA Civ 1715 (31 October 2017)

Court of Appeal (Criminal Division)

Lewis & Anor, R v [2017] EWCA Crim 1734 (01 November 2017)

High Court (Chancery Division)

Shah v Shah & Anor [2017] EWHC 2693 (Ch) (01 November 2017)

High Court (Technology and Construction Court)

Interserve Construction Ltd v Hitachi Zosen Inova AG [2017] EWHC 2633 (TCC) (31 October 2017)

Hersi & Co Solicitors, R (On the Application Of) v The Lord Chancellor [2017] EWHC 2667 (TCC) (31 October 2017)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 2nd, 2017 in legislation by sally

The Mental Health Review Tribunal for Wales (Amendment and constitution of tribunals) Rules 2017

The Mental Health Act 2007 (Commencement No. 12 and Transitional Provisions) Order 2017

The Judicial Appointments and Discipline (Amendment and Addition of Offices) Order 2017

The Conservation of Offshore Marine Habitats and Species Regulations 2017

The Conservation of Habitats and Species Regulations 2017

Source: www.legislation.gov.uk

Social work, controversial views and fitness to practise: Ngole – Law & Religion UK

Posted November 2nd, 2017 in disciplinary procedures, freedom of expression, homosexuality, human rights, news, social services, universities by sally

‘Felix Ngole, a second-year Master’s student on a social work course at Sheffield University, had been excluded from the course by the Faculty of Social Sciences Fitness to Practise [“FTP”] Committee after comments he posted on Facebook about his personal opposition to same-sex marriage. Before the Administrative Court, he argued that fitness to practise was a matter for the professional social work bodies rather than for the University. In R (Ngole) v University of Sheffield [2017] EWHC 2669 (Admin), however, Rowena Collins Rice, sitting as a Deputy High Court Judge, rejected his claim.’

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Law & Religion UK, 2nd November 2017

Source: www.lawandreligionuk.com

Award of contracts – Local Government Law

Posted November 2nd, 2017 in news, public procurement, regulations, tenders by sally

‘R (Hersi & Co) v Lord Chancellor (2017) EWHC 2667 (TCC) is concerned with the defendant’s conduct of a public procurement exercise for the award of contracts to provide publicly-funded legal services relating to immigration and asylum and mental health work.’

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Local Government Law, 1st November 2017

Source: local-government-law.11kbw.com

Public Law Podcast Seminar on Radicalisation Part 3: Detention – UK Human Rights Blog

Posted November 2nd, 2017 in asylum, detention, EC law, extradition, news, regulations by sally

‘Detention and the common European Asylum System – Alasdair Henderson and Suzanne Lambert

The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For ease of reference the following three posts set out the introductions to each of the presentations and the case citations.’

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UK Human Rights Blog, 27th October 2017

Source: ukhumanrightsblog.com

Public Law Podcast Seminar on Radicalisation Part 2: Inquests and Article 2 ECHR – UK Human Rights Blog

Posted November 2nd, 2017 in death in custody, human rights, inquests, mental health, news, terrorism by sally

‘Inquests and Article 2 ECHR – Caroline Cross and Suzanne Lambert

The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For non-Apple devices the podcasts are available via the Audioboom app.’

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UK Human Rights Blog, 27th October 2017

Source: ukhumanrightsblog.com

Gosh! Where has Ghosh gone? – White Collar Crime Blog

Posted November 2nd, 2017 in appeals, jury directions, misrepresentation, news, Supreme Court by sally

‘Ivey (Appellant) v Genting Casinos (UK) Ltd t/a Crockfords (Respondent) [2017] UKSC 67 On appeal from [2016] EWCA Civ 1093. The Supreme Court has today unanimously declared that the second stage of the Ghosh test of dishonesty does not correctly represent the law, and that directions based upon it ought no longer to be given by judges to juries.’

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White Collar Crime Blog, 28th October 2017

Source: www.2harecourt.com

BAILII: Recent Decisions

Posted November 2nd, 2017 in law reports by sally

Supreme Court

Littlewoods Ltd and others v Commissioners for Her Majesty’s Revenue and Customs [2017] UKSC 70 (01 November 2017)

Michalak v General Medical Council and others [2017] UKSC 71 (01 November 2017)

Brown v The Parole Board for Scotland, The Scottish Ministers and another (Scotland) [2017] UKSC 69 (01 November 2017)

C, R (on the application of) v Secretary of State for Work and Pensions [2017] UKSC 72 (01 November 2017)

P v Commissioner of Police of the Metropolis [2017] UKSC 65 (25 October 2017)

Taurus Petroleum Limited v State Oil Marketing Company of the Ministry of Oil, Republic of Iraq [2017] UKSC 64 (25 October 2017)

Aberdeen City and Shire Strategic Development Planning Authority v Elsick Development Company Limited (Scotland) [2017] UKSC 66 (25 October 2017)

Ivey v Genting Casinos (UK) Ltd (t/a Crockfords) [2017] UKSC 67 (25 October 2017)

Mitsui & Co Ltd & Ors v Beteiligungsgesellschaft LPG Tankerflotte MBH & Co KG & Anor [2017] UKSC 68 (25 October 2017)

Source: www.baili.org

Solicitor awarded £70,000 damages for “very serious libel” – Legal Futures

Posted November 2nd, 2017 in damages, defamation, incitement, news, perjury, solicitors by sally

‘A solicitor has been awarded £70,000 in libel damages after he was accused by a newspaper of incitement to commit perjury.’

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Legal Futures, 2nd November 2017

Source: www.legalfutures.co.uk

Lord Reed at the Centre for Private Law, University of Edinburgh – Supreme Court

Posted November 2nd, 2017 in foreign jurisdictions, judges, judiciary, speeches, Supreme Court by sally

‘Lord Reed at the Centre for Private Law, University of Edinburgh: Comparative Law in the Supreme Court of the United Kingdom, 13 October 2017.’

Full speech

Supreme Court, 13th October 2017

Source: www.supremecourt.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012: Post-Legislative Memorandum – Ministry of Justice

Posted November 2nd, 2017 in legal aid, legislation, press releases, reports, sentencing by sally

‘This document serves as the post-legislative memorandum for Parts 1, 2 and 3 of LASPO. It is being published with regard to the post-legislative scrutiny process. The memorandum was presented to the Justice Select Committee on 30 October 2017.’

Full press release

Ministry of Justice, 30th October 2017

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

Government starts work on Law Commission health care and mental capacity recommendations – Law Commission

Posted November 2nd, 2017 in care workers, consultations, deprivation of liberty safeguards, health, Law Commission, mental health, press releases, reports by sally

‘The Government has launched a new consultation looking at the regulation of health care professionals, based on recommendations from a 2014 report by the UK Law Commissions.’

Full press release

Law Commission, 1st November 2017

Source: www.lawcom.gov.uk/

Ratification of the Council of Europe convention on combating violence against women and domestic violence – Home Office

Posted November 2nd, 2017 in domestic violence, human rights, press releases, reports, treaties by sally

‘The report sets out measures being taken by the government toward ratifying the Istanbul Convention.’

Full press release

Home Office, 1st November 2017

Source: www.gov.uk/home-office

Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture – Courts and Tribunals Judiciary

Posted November 2nd, 2017 in equity, speeches by sally

‘Speech by Sir Terence Etherton MR: Equity and Conscience – Eldon Professor’s Lecture.’

Full speech

Courts and Tribunals Judiciary, 30th October 2017

Source: www.judciary.gov.uk

Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit – Courts and Tribunals Judiciary

Posted November 2nd, 2017 in choice of forum, dispute resolution, shipping law, speeches by sally

‘Speech by Lord Justice Gross – A good forum to shop in: London and English law post-Brexit.’

Full speech

Courts and Tribunals Judiciary, 2nd November 2017

Source: www.judiciary.gov.uk

BSB publishes updated disciplinary tribunal regulations and rules on parental leave in new BSB Handbook – Bar Standards Board

Posted November 2nd, 2017 in barristers, disciplinary procedures, parental rights, press releases, regulations, sentencing, witnesses by sally

‘A new rule clarifying how vulnerable witnesses give evidence is one of a set of new and updated disciplinary tribunal regulations published today in the new version of the BSB handbook. The revised Handbook also contains new rules about shared parental leave, in addition to some minor amendments to provide additional clarity.’

Full press release

Bar Standards Board, 1st November 2017

Source: www.barstandardsboard.org.uk

High Court dismisses seven-year legal aid contract fight – Law Society’s Gazette

Posted November 2nd, 2017 in delay, law firms, legal aid, news by sally

‘The High Court has dismissed a law firm’s challenge to a government legal aid contract decision – seven years after judicial review proceedings began. Mr Justice Coulson hoped the “sorry saga’ would be regarded as an example of how not to conduct a public procurement challenge.’

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Law Society's Gazette, 1st November 2017

Source: www.lawgazette.co.uk