Regina (Gilbert) v Secretary of State for Justice – WLR Daily

Posted May 8th, 2015 in escape from custody, fugitive offenders, judicial review, law reports, parole, prisons, transfer of prisoners by sally

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Millionaire businessman wins gagging order over alleged sex parties – Daily Telegraph

Posted May 8th, 2015 in blackmail, contempt of court, employment tribunals, fraud, injunctions, news, perjury by sally

‘A multi-millionaire businessman has won a permanent ban on a former friend and business colleague from exposing details of alleged sex and drugs parties.’

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Daily Telegraph, 7th May 2015

Source: www.telegraph.co.uk

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

Posted May 8th, 2015 in civil procedure rules, codes of practice, courts, intellectual property, news, practice directions, pre-action conduct by sally

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

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NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Monthly Roundup – Costs and Budgeting – Zenith PI

Posted May 8th, 2015 in arbitration, budgets, civil procedure rules, costs, damages, dispute resolution, fees, news, personal injuries by sally

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

High Court refuses 100% success fee because trial had not started – Litigation Futures

Posted May 8th, 2015 in appeals, barristers, civil procedure rules, costs, fees, news, personal injuries, solicitors by sally

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

Revised framework document for the National Crime Agency – Home Office

Posted May 8th, 2015 in codes of practice, documents, national crime agency, news by sally

‘This revised framework document replaces the first framework document signed by the Home Secretary and the director general of the National Crime Agency on 15 October 2013.’

Full text

Home Office, 6th May 2015

Source: www.gov.uk/home-office

Student sues Oxford over handling of rape complaints – The Guardian

Posted May 8th, 2015 in complaints, harassment, news, rape, sexual offences, statistics, universities, women by sally

‘A former Oxford student is launching a legal challenge against the university’s policy on investigating complaints of rape and sexual assault. Elizabeth Ramey, who has chosen to waive her right to anonymity, reported an alleged assault in 2011. There was a police investigation but no prosecution followed because of evidential problems.’

Full story

The Guardian, 7th May 2015

Source: www.guardian.co.uk

Housekeeper jailed for stealing antiques and artwork from employer – The Guardian

Posted May 8th, 2015 in employment, fraud, news, sentencing, theft by sally

‘A former showjumper who stole antiques and art including a Picasso sketch and Ben Nicholson painting from a countess while working as her housekeeper has been jailed for three years.’

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The Guardian, 7th May 2015

Source: www.guardian.co.uk

Syrian asylum seekers successfully appeal UK convictions – BBC News

Posted May 8th, 2015 in appeals, asylum, Crown Prosecution Service, news, passports, prosecutions, public interest by sally

‘Two Syrian asylum seekers who were jailed for arriving in the UK without passports, have successfully appealed against their convictions.’

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BBC News, 7th May 2015

Source: www.bbc.co.uk

M1 crash death driver Ian Walters guilty of murdering wife – BBC News

Posted May 8th, 2015 in domestic violence, married persons, murder, news, sentencing by sally

‘A man accused of murdering his wife by deliberately driving their car into a motorway embankment has been convicted.’

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BBC News, 7th May 2015

Source: www.bbc.co.uk

Mother in legal battle to bear dead daughter’s child – BBC News

Posted May 8th, 2015 in bereavement, children, consent, families, grandparents, news, pregnancy, surrogacy by sally

‘A mother is launching a legal battle for possession of her dead daughter’s frozen eggs so that she can become pregnant with her own grandchild.’

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The Guardian, 8th May 2015

Source: www.guardian.co.uk

Howell v Lerwick Commercial Mortgage Corporation Ltd – WLR Daily

Posted May 7th, 2015 in bankruptcy, debts, insolvency, law reports, regulations, setting aside by sally

Howell v Lerwick Commercial Mortgage Corporation Ltd [2015] EWHC 1177 (Ch); [2015] WLR (D) 200

‘Where the debt in a statutory demand itself was not disputed but the debtor relied on a cross-claim which did not equal the debt but fell short of it by less than £750, the statutory demand was not necessarily to be set aside under the residual discretion in rule 6.5(4)(d) of the Insolvency Rules 1986.’

WLR Daily, 1st May 2015

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 7th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

 
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The Court of Appeal and the Birth Family: Making Certain Justice is Seen to be Done – Family Law Week

Posted May 7th, 2015 in adoption, appeals, guardianship, news, parental rights, residence orders by sally

‘David Bedingfield, barrister of 4 Paper Buildings, considers two recent Court of Appeal judgments which had cause to consider the significance of a child’s family ties.’

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Family Law Week, 6th May 2015

Source: www.familylawweek.co.uk

The Law and Parenthood – BBC Unreliable Evidence

Posted May 7th, 2015 in children, news, parental rights by sally

‘In the first of a news series, Clive Anderson and a panel of senior lawyers, judges and other experts discuss how the law balances the sometimes conflicting interests of parents and their children.’

Listen

BBC Unreliable Evidence, 6th May 2015

Source: www.bbc.co.uk

Judge fires costs warning in face of “documentary carpet bombing” – Litigation Futures

Posted May 7th, 2015 in civil procedure rules, costs, disclosure, documents, news by sally

‘A High Court judge has hit out at the “documentary carpet bombing” he faced in a negligence claim before him and warned litigants of the costs consequences that such behaviour can trigger.’

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Litigation Futures, 7th May 2015

Source: www.litigationfutures.com

Reporting Restrictions in the Criminal Courts – Courts and Tribunals Judiciary

Posted May 7th, 2015 in courts, criminal justice, female genital mutilation, media, news, reporting restrictions, tribunals, young persons by sally

‘A fourth updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, News Media Association (NMA), Society of Editors and the Media Lawyers Association. The new edition covers the new reporting restrictions applying to under 18 year olds, which came into force last month, the Female Genital Mutilation anonymity provisions which came into force this month and other changes relevant to reporting the work of the criminal courts.’

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Courts and Tribunals Judiciary, 6th May 2015

Source: www.judiciary.gov.uk

BPTC fees rise as Inns of Court estimate students waste £5m on the course every year – The Lawyer

Posted May 7th, 2015 in fees, inns of court, legal education, news, universities by sally

‘Bar Professional Training Course (BPTC) fees have risen by 9 per cent in three years nationwide, while fees in the capital have been hiked by 12 per cent in the same period.’

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The Lawyer, 30th April 2015

Source: www.lawyer.com

Ione Wells: Attacker sentenced to 12 months in custody – Daily Telegraph

Posted May 7th, 2015 in assault, news, sentencing, sexual offences by sally

‘The 17-year-old who sexually assaulted Oxford student Ione Wells is given a two year detention order, meaning he will spend 12 months in detention.’
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Daily Telegraph, 6th May 2015

Source: www.telegraph.co.uk

Local authorities and judicial review: they should not put their heads completely in the sands – UK Human Rights Blog

Posted May 7th, 2015 in costs, judicial review, local government, news, planning, trials by sally

‘Out of what some may think to be an everyday spat between the Co-Op (existing supermarket) and an out-of-town supermarket proposer, comes a salutary reminder from Singh J that local authorities cannot behave like private litigants when they are judicially reviewed. Different rules apply.’

Full story

UK Human Rights Blog, 7th May 2015

Source: www.ukhumanrightsblog.com