Current Awareness

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by sally

‘In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger an notification under Article 50 of the Treaty of the European Union. I agree with them.’

Full story

UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

To recuse or not? – Ghadami v Bloomfield and others [2016] EWHC 1448(ch) – Zenith PI

Posted June 30th, 2016 in bias, civil procedure rules, judges, litigants in person, news, recusal, striking out by sally

‘Norris J has recently had to deal with an interesting case where he faced an application that he should recuse himself from a case. It also highlighted the negative impact a litigant in person can have on a case and administration of the Courts.’

Full story

Zenith PI, 29th June 2016

Source: www.zenithpi.wordpress.com

Form and Accessibility of the Law Applicable in Wales – official-documents.gov.uk

Posted June 30th, 2016 in Law Commission, legislation, legislative drafting, parliamentary papers, press releases, reports, Wales by sally

‘This is the Law Commission’s final report on the form and accessibility of the law applicable in Wales.’

Full press release

official-documents.gov.uk, 30th June 2016

Source: official-documents.gov.uk

Part 36 uplift for beating offer includes contractual interest, High Court rules – Litigation Futures

Posted June 30th, 2016 in civil procedure rules, interest, news, part 36 offers by sally

‘The 10% uplift claimants receive for beating their part 36 offer includes contractual interest on the sum won at trial, the High Court has ruled.’

Full story

Litigation Futures, 27th June 2016

Source: www.litigationfutures.com

Costs lawyers highlight “arbitrary” nature of budgeting – Litigation Futures

Posted June 30th, 2016 in budgets, costs, judges, legal profession, news by sally

‘The extent to which the costs management regime is working very much depends on which judge you are before, according to a survey of members of the Association of Costs Lawyers (ACL).’

Full story

Litigation Futures, 28th June 2016

Source: www.litigationfutures.com

Four sentenced to a total of 29 years for £98 million tax fraud scheme – Crown Prosecution Service

Posted June 30th, 2016 in conspiracy, fraud, press releases, sentencing, taxation by sally

‘Four men have been sentenced to a total of 29 years imprisonment for their role in an elaborate tax fraud involving the funding of UK film productions. The defendants dishonestly claimed losses had been made so that income tax could be falsely claimed back from HM Revenue and Customs.’

Full press release

Crown Prosecution Service, 24th June 2016

Source: www.cps.gov.uk

Kayleigh Haywood’s killer brought to justice – Crown Prosecution Service

Posted June 30th, 2016 in false imprisonment, murder, press releases, rape, sexual grooming, sexual offences by sally

‘Two men have been convicted of a range of offences that culminated in the rape and murder of Leicestershire teenager Kayleigh Haywood.’

Full story

Crown Prosecution Service, 28th June 2016

Source: www.cps.gov.uk

Changes to barristers’ CPD: BSB consultation about the rule changes is open – Bar Standards Board

Posted June 30th, 2016 in barristers, consultations, continuing professional development, press releases by sally

‘As announced back in April, a new Continuing Professional Development (CPD) regime for barristers on the Established Practitioner Programme will be in place from January 2017. To prepare for the new CPD regime, the Bar Standards Board (BSB) has published a consultation seeking views on the proposed changes to the rules and regulations governing the new scheme.’

Full press release

Bar Standards Board, 29th June 2016

Source: www.barstandardsboard.org.uk

Speech by Lord Justice Gross: Judicial Leadership – Courts and Tribunals Judiciary

Posted June 30th, 2016 in judges, judiciary, speeches by sally

‘The changes in judicial leadership, is my central theme tonight. It is one that has a number of facets, in court and outside of court, all vital to the success of our justice system, both domestically and internationally.’

Full speech

Courts and Tribunals Judiciary, 24th June 2016

Source: www.judiciary.gov.uk

Legal aid contributions decision to face judicial review – Law Society’s Gazette

Posted June 30th, 2016 in appeals, costs, legal aid, news by sally

‘The Court of Appeal has granted permission for a judicial review of a Legal Aid Agency decision on capital contributions, urging “meaningful negotiations” between the parties to prevent further costs being incurred for the relatively small sums at stake.’

Full story

Law Society’s Gazette, 28th June 2016

Source: www.lawgazette.co.uk

Lords sound legal privilege alarm over snooping bill – Law Society’s Gazette

Posted June 30th, 2016 in bills, electronic mail, investigatory powers, news, parliament, privilege by sally

‘Distinguished legal figures on the red benches lined up to condemn threats to professional privilege posed by the government’s investigatory powers bill as it passed its second reading in the House of Lords this week.’

Full story

Law Society’s Gazette, 29th June 2016

Source: www.lawgazette.co.uk

Surrogacy update – June 2016 – Family Law Week

Posted June 30th, 2016 in declarations of incompatibility, news, parental rights, surrogacy by sally

‘Andrew Powell, barrister, 4 Paper Buildings, reviews recent important judgments concerning surrogacy law.’

Full story

Family Law Week, 29th June 2016

Source: www.familylawweek.co.uk

Government austerity policy a breach of international human rights, says UN report- The Independent

Posted June 30th, 2016 in human rights, immigration, news, reports, taxation, United Nations by sally

‘The British Government’s austerity policies are a breach of international human rights, a new report by the UN has warned.’

Full story

The Independent, 29th June 2016

Source: www.independent.co.uk

Every children’s intensive care unit to be probed amid crowding fears – Daily Telegraph

Posted June 30th, 2016 in children, complaints, hospitals, inquiries, news, reports by sally

‘The NHS is to review every children’s intensive care unit in the country amid concern that services are struggling to cope. An investigation into a string of deaths in Bristol Royal Hospital for Children has warned of risks that “heavy strains” are being placed on families because England’s 27 units are overstretched.’

Full story

Daily Telegraph, 30th June 2016

Source: www.telegraph.co.uk

Chatbot lawyer overturns 160,000 parking tickets in London and New York – The Guardian

Posted June 29th, 2016 in appeals, artificial intelligence, computer programs, fines, London, news, parking by sally

‘An artificial-intelligence lawyer chatbot has successfully contested 160,000 parking tickets across London and New York for free, showing that chatbots can actually be useful.’

Full story

The Guardian, 28th June 2016

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 29th, 2016 in law reports by sally

Supreme Court

Bancoult, R (on the application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2016] UKSC 35 (29 June 2016)

Goluchowski and Sas v District Court and Circuit Court in Poland [2016] UKSC 36 (29 June 2016)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Shehzad & Anor [2016] EWCA Civ 615 (29 June 2016)

Forster v The Secretary of State for Communities and Local Government & Ors [2016] EWCA Civ 609 (29 June 2016)

Gill v Birmingham City Council [2016] EWCA Civ 608 (28 June 2016)

Birdlip Ltd v Hunter & Anor [2016] EWCA Civ 603 (28 June 2016)

Interactive Technology Corporation Ltd v Ferster & Ors [2016] EWCA Civ 614 (28 June 2016)

PT (Sri Lanka) v Entry Clearance Officer, Chennai [2016] EWCA Civ 612 (27 June 2016)

Stormharbour Securities LLP v Dusek & Ors [2016] EWCA Civ 604 (24 June 2016)

Cleland, R (On the Application Of) v The Lord Chancellor [2016] EWCA Civ 571 (24 June 2016)

Warners Retail (Moreton) Ltd v Cotswold District Council & Ors [2016] EWCA Civ 606 (24 June 2016)

Ahmad & Ors v Bank of Scotland Plc & Ors [2016] EWCA Civ 602 (24 June 2016)

Court of Appeal (Criminal Division)

Walker, R v [2016] EWCA Crim 751 (29 June 2016)

Rudling, R v [2016] EWCA Crim 741 (21 June 2016)

High Court (Administrative Court)

Johnson-Ogbuneke v General Medical Council [2016] EWHC 1474 (Admin) (28 June 2016)

Irving, R (on the application of) v Mid-Sussex District Council & Anor [2016] EWHC 1529 (Admin) (28 June 2016)

Jewish Rights Watch (t/a Jewish Human Rights Watch), R (on the application of) v Leicester City Council [2016] EWHC 1512 (Admin) (28 June 2016)

Abdulkadir & Anor, R (on the application of) v The Secretary of State for the Home Department [2016] EWHC 1504 (Admin) (28 June 2016)

Cooper, R (on the application of) v Ashford Borough Council & Anor [2016] EWHC 1525 (Admin) (24 June 2016)

Alsaifi v The Secretary of State for Education (Rev 1) [2016] EWHC 1519 (Admin) (24 June 2016)

Biffa Waste Services Ltd, R (On the Application Of) v Revenue And Customs [2016] EWHC 1444 (Admin) (23 June 2016)

High Court (Chancery Division)

Canal & River Trust v Thames Water Utilities Ltd [2016] EWHC 1547 (Ch) (29 June 2016)

Ingram & Anor v Ahmed & Ors [2016] EWHC 1536 (Ch) (29 June 2016)

Glaxo Wellcome UK Ltd (t/a Allen & Hanburys) & Anor v Sandoz Ltd [2016] EWHC 1537 (Ch) (28 June 2016)

McGuinness v Preece & Ors [2016] EWHC 1518 (Ch) (24 June 2016)

High Court (Commercial Court)

Monde Petroleum SA v Westernzagros Ltd [2016] EWHC 1472 (Comm) (28 June 2016)

Imperator I Maritime Company v Bunge SA [2016] EWHC 1506 (Comm) (24 June 2016)

High Court (Family Division)

PKA v CJC [2016] EWHC 1567 (Fam) (22 June 2016)

QS v RS & Anor [2016] EWHC 1443 (Fam) (16 June 2016)

High Court (Patents Court)

NAPP Pharmaceutical Holdings Ltd v Dr Reddy’s Laboratories (UK) Ltd & Anor [2016] EWHC 1517 (Pat) (28 June 2016)

High Court (Queen’s Bench Division)

KLM v EUI Ltd [2016] EWHC 1497 (QB) (24 June 2016)

Source: www.bailii.org

Domestic violence consultation deadline looms – Legal Voice

Posted June 29th, 2016 in consultations, domestic violence, evidence, legal aid, news by sally

‘The Ministry of Justice is undertaking national research as to the fitness for purpose of the legal aid domestic violence (DV) evidence requirements. The Ministry of Justice (MoJ) research follows the earlier successful challenge by Rights of Women (R (Rights of Women) v Secretary of State for Justice [2016] EWCA CIV91).’

Full story

Legal Voice, 29th June 2016

Source: www.legalvoice.org.uk