Regina v Bryon [2015] WLR (D) 180
‘While DNA evidence taken from a moveable object was on its own insufficient for a prosecution case to go to a jury, DNA evidence combined with admissible evidence of a previous conviction for a similar offence was a sufficient basis.’
WLR Daily, 22nd April 2015
Source: www.iclr.co.uk
‘The discount rate determined by the Lord Chancellor under section 1(1) of the Damages Act 1996 was applicable to the quantification of future loss under the Criminal Injuries Compensation Scheme 1990.’
WLR Daily, 21st April 2015
Source: www.iclr.co.uk
Aitken v Director of Public Prosecutions [2015] EWHC 1079 (Admin); [2015] WLR (D) 184
‘The editor of a newspaper did not as a matter of law fall outside the scope of the expression “any person who publishes” for the purposes of the offence of publishing information likely to lead to the identification of a child witness/victim in criminal proceedings, contrary to section 39(2) of the Children and Young Persons Act 1933.’
WLR Daily, 23rd April 2015
Source: www.iclr.co.uk
Regina v GH [2015] UKSC 24; [2015] WLR (D) 178
‘A person who opened bank accounts which he knew or suspected would then be used by a fraudster to deposit money which the latter hoped to obtain from victims could be charged with entering into an arrangement to facilitate the retention of criminal property, contrary to section 328(1) of the Proceeds of Crime Act 2002, even though there was no criminal property until after victims’ money had been paid into the accounts.’
WLR Daily, 22nd April 2015
Source: www.iclr.co.uk
Moreno v Motor Insurers’ Bureau [2015] EWHC 1002 (QB); [2015] WLR (D) 177
‘The scope of the defendant’s liability to the claimant under regulation 13(2) of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 was to be determined in accordance with the law of England and Wales and not the law of the country where the accident occurred.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
‘Only defendants with a good character or deemed to be of effective good character were entitled to a good character direction. Where a defendant had a bad character, a judge was not obliged to give a good character direction; he or she had a discretion.’
WLR Daily, 16th April 2015
Source: www.iclr.co.uk
‘In order for a non-party to be “directly affected” by a judgment or order for the purpose of CPR r 40.9, it was necessary that some interest capable of recognition by the law was materially and adversely affected by the judgment or order or would be materially and adversely affected by the enforcement of the judgment or order.’
WLR Daily, 17th April 2015
Source: www.iclr.co.uk
‘Stalkers must be stopped from using a loophole in the legal system to harass their targets, a victim has said.’
BBC News, 29th April 2015
Source: www.bbc.co.uk
‘GCHQ, Britain’s national security surveillance agency, has been ordered to destroy legally privileged communications it unlawfully collected from a Libyan rendition victim.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
‘Rights of appeal under the Immigration Act 2014 are only available in refugee cases and if ‘the Secretary of State has decided to refuse a human rights claim made by [the person]’ (amended section 82 of the Nationality, Immigration and Asylum Act 2002). This will clearly require a human rights claim to have been made in the first place as well as requiring a refusal of that claim. But what constitutes a human right claim and a decision by the Secretary of State?’
Free Movement, 29th April 2015
Source: www.freemovement.org.uk
‘Can a company which has been fined for anticompetitive conduct seek to recover the fine from the directors and employees responsible by suing them for damages?’
Competition Bulletin from Blackstone Chambers, 29th April 2015
Source: www.competitionbulletin.com
‘The UK government should create a new Copyright Act to address changes in technology, developments internationally and in the EU and a range of problems and issues that have arisen with existing UK copyright laws since they were introduced in 1988, a senior judge has said.’
OUT-LAW.com, 29th April 2015
Source: www.out-law.com
‘A teenager has been found guilty of a bungled terror plot to groom a young man with learning difficulties to carry out a Lee Rigby copycat killing.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
‘Man claimed to have abused former partner’s daughter should not have lawyers’ fees paid by the taxpayer, Government argues.’
Daily Telegraph, 29th April 2015
Source: www.telegraph.co.uk
‘The High Court has condemned as “utterly inappropriate” a bid by one of the big banks to amend its defence and serve a new witness statement on a litigant in person on the eve of trial.’
Full story
Litigation Futures, 29th April 2015
Source: www.litigationfutures.com
‘A high court judge is to investigate whether child sexual abuse allegations against Lord Janner were the subject of an establishment cover-up.’
The Guardian, 29th April 2015
Source: www.guardian.co.uk
‘A 74-year-old man jailed for raping a young woman has admitted sexually assaulting a woman with learning disabilities whom he had befriended.’
Full story
BBC News, 29th April 2015
Source: www.bbc.co.uk
‘Under English law, information does not pass as property to a personal representative after the death of the deceased, (See Oxford v Moss [1979] 68 Cr App R 183; per Lord Upjohn in Boardman v Phipps [1967] 2 AC 46, at 127; and per Floyd LJ in Your Response Limited v Datateam Business Media Ltd [2015] QB 41, at paragraph [42]) but rights associated with the information can vest in the representative. Where the information is digital, it exists as electrical signals rather than as an integral part of a physical form such as the words printed on the paper of a book. Digital information can exist both locally, on computing devices that were owned and used by the deceased, and in a cloud, on computing devices that are connected to the internet and to which the deceased had been connected for the provision of digital and other services. It is no longer sufficient to deliver a computing device to the relevant beneficiary without investigating what digital information is stored on that device and whether the deceased stored any digital information in a cloud. In some cases, information stored on a local device can provide the only clue to the existence of cloudstored information.’
Full story (PDF)
New Square Chambers, March 2015
Source: www.newsquarechambers.co.uk
;Locals accuse Judge Stuart Rafferty of suggesting the community was populated by thugs as he heard an assault case.’
Daily Telegraph, 28th April 2015
Source: www.telegraph.co.uk
‘Charmaine Moore a Romani Gypsy and a single mother of 3 dependent children. She and one of her daughters are disabled. She owns and occupies land in the London Borough of Bromley. In 2010 she applied for planning permission to live on her land. That application has still to be determined finally. The application was a modest one “change of use – private Gypsy and Traveller Caravan Site comprising pitch, accommodating one mobile home and one touring caravan”. She has never sought more.’
Full story (PDF)
No. 5 Chambers, 24th April 2015
Source: www.no5.com
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