Final Report of the Vulnerable Witnesses and Children Working Group – Judiciary of England & Wales
‘Final Report of the Vulnerable Witnesses and Children Working Group.’
Judiciary of England and Wales, 17th March 2015
Source: www.judiciary.gov.uk
Court of Appeal rejects tobacco smugglers’ attempts to write off confiscation orders worth more than £2.7m – Crown Prosecution Service
‘On Tuesday 17 March 2015, The Court of Appeal rejected an attempt by Robert Doran and Patrick Gray to write off confiscation orders made against them for £1,456,325.00 and £1,244,982.44 respectively, finding in favour of the Crown Prosecution Service (CPS).’
Crown Prosecution Service, 18th March 2015
Source: www.cps.gov.uk
Aster Communities Ltd (formerly Flourish Homes Ltd) v Akerman-Livingstone (Equality and Human Rights Commission intervening) – WLR Daily
‘The approach to be taken to a defence to a claim for possession of residential premises which alleged unlawful discrimination against a disabled person, contrary to the Equality Act 2010, was different from that which applied to a defence which alleged a breach of an individual’s rights under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In particular, summary judgment would not normally be an appropriate procedure for dealing with a possession claim where a disability discrimination defence was raised.’
WLR Daily, 11th March 2015
Source: www.iclr.co.uk
Dalton and others v British Telecommunications plc – WLR Daily
Dalton and others v British Telecommunications plc; [2015] EWHC 616 (QB); [2015] WLR (D) 125
‘The term “disease” in section V of the former CPR Pt 45 included any illness (whether physical or physiological), disorder, ailment, affliction, complaint, malady or derangement other than a physical or physiological injury solely caused by an accident or other similar single event.’
WLR Daily, 13th March 2015
Source: www.iclr.co.uk
Kandola v Generalstaatsanwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnberg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) – WLR Daily
‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’
WLR Daily, 13th March 2015
Source: www.iclr.co.uk
Last minute adjournment in criminal legal aid appeal – Law Society’s Gazette
‘The Court of Appeal has adjourned delivering judgment on the lord chancellor’s criminal legal aid reforms until Wednesday. The case had originally been listed for this morning.’
Law Society’s Gazette, 19th March 2015
Source: www.lawgazette.co.uk
Amina Agboola murder: Death ‘not preventable’, review concludes – BBC News
‘The death of a toddler killed by a violent kick to her stomach by her mother’s boyfriend could not have been foreseen, a report has concluded.’
BBC News, 19th March 2015
Source: www.bbc.co.uk
Men allegedly tortured by UK troops plan to go to court over report – BBC News
‘Lawyers acting for two men who were jailed for 10 years without trial and say they were tortured after being seized by British troops in Iraq, plan to take the body responsible for investigating the case to court, claiming it is failing to seek potentially vital evidence from the US.’
The Guardian, 19th March 2015
Source: www.guardian.co.uk
Satanic cult claims dismissed by High Court judge – Daily Telegraph
‘Claims that a “satanic cult” where children were abused by paedophiles has been operating in north London have been dismissed by a High Court judge.’
Daily Telegraph, 19th March 2015
Source: www.telegraph.co.uk
Cyril Smith M1 arrest to be probed by Northamptonshire Police – BBC News
‘A cold case unit is to investigate claims police released MP Cyril Smith after images of child abuse were found in the boot of his car.’
BBC News, 19th March 2015
Source: www.bbc.co.uk
Disgraced former hedge fund manager Julian Rifat jailed for insider trading – The Independent
‘The disgraced former hedge fund manager Julian Rifat was yesterday sentenced to 19 months in jail for taking part in a £285,000 insider trading scandal.’
The Independent, 20th March 2015
Source: www.independent.co.uk
Companies aiding tax evaders will be criminally liable – The Guardian
‘Banks and accountants that aid tax evasion will face criminal penalties under plans unveiled by the government. A new offence of corporate failure to prevent evasion is being created to address those who assist dodging. Such offenders could also be “named and shamed” alongside the evaders themselves.’
The Guardian, 19th March 2015
Source: www.guardian.co.uk
UK rights watchdog attacks Tory policy to quit European human rights court – The Guardian
‘The government’s human rights watchdog has attacked Conservative party proposals to repeal the Human Rights Act and withdraw from the European court of human rights in Strasbourg.’
The Guardian, 20th March 2015
Soure: www.guardian.co.uk
Sex crime suspects deserve anonymity, MPs say – BBC News
‘There should be a statutory ban on the identification of people who are arrested for sexual offences in England and Wales, a committee of MPs has said.’
BBC news, 20th March 2015
Source: www.bbc.co.uk
EVENT: The Law Society – Public debate series: Human rights and the theatre of war
‘This debate will discuss questions such as:
Is there an increasing number of legal claims being brought against the MoD under human rights law?
Does the application of civilian norms to military conduct lead to a surge in claims?
Should rules of engagement be subject to the same laws as those applied to civilians in non-conflict situations?
Is there an appropriate balance between legal protections of those whose human rights have been violated and protecting the public?’
Date: 5th May 2015, 6.00-8.45pm
Location: The Law Society, 113 Chancery Lane, London WC2A 1PL
Charge: Free
More information can be found here.
The Care Act 2014: Overview – Thirty Nine Essex Street
‘The Care Act adopts and implements many of the recommendations of the Law Commission on Adult Social Care (published 11 May 2011). It is the largest single piece of community care legislation since the great Beveridge reforms of 1948, sweeping away and re-codifying more than 50 years worth of law and policy.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
Non-genetic parentage under the HFEA 2008 – Tanfield Chambers
‘Where a child is conceived with donor sperm, parentage is normally determined under the Human Fertilisation and Embryology Act 2008. S.33 provides that the woman who bears the child will be the mother, regardless of whether the egg was hers or came from a donor. If she is married or in a civil partnership, her spouse or civil partner will be the other parent, unless it is shown that the spouse or civil partner did not consent to the treatment – s.35 and s.42. Otherwise, ss.36 and 37 provide that a man (who will normally be the mother’s partner) will be the child’s father if:
(i) the treatment is provided by a clinic in the UK under a licence from the HFE Authority; and
(ii) both parties give written notice to the clinic consenting to such parentage.’
Tanfield Chambers, 20th February 2015
Source: www.tanfieldchambers.co.uk–
EVENT: The Law Society – The life and times of the Human Rights Act
‘How do you guarantee effective human rights within the UK system of government? Has the Human Rights Act struck the right balance? Why has the Act become a political football?
At this event Jonathan Cooper will provide a serious analysis of the life and times of the Human Rights Act. The talk will cover a wide-ranging review of the Human Rights Act’s past, present and its future. No doubt there will be a few ghosts knocking about.’
Date: 23rd March 2015, 6.00-8.00pm
Location: The Law Society, 113 Chancery Lane, London WC2A 1PL
Charge: Free
More information can be found here.
Local Authority Governance, Current Issues – Thirty Nine Essex Street
‘“Governance” in local authority terms means different things to different people. We have chosen three issues within this broad field which appear to us to have caused significant recent controversy, and which are likely to continue to cause problems in the future. These are –
a. Local government standards and predetermination particularly examining the regime under the Localism Act 2011 and asking, two years on from its implementation, what has been the impact of the new regime?
b. A look at some recent case-law concerning the conduct of local authority meetings, the provision of information at and prior to meetings, and the effect of breaches of such requirements on the legality of decisions.
c. Finally, some brief notes on the 2014 DCLG Transparency Code and the Local Audit and Accountability Act 2014.’
Full story (PDF)
Thirty Nine Essex Street, February 2015
Source: www.39essex.com
