High Court sanctions claimant for failing to update budget – Litigtation Futures

Posted January 28th, 2015 in civil procedure rules, costs, delay, media, news, sanctions by sally

‘A claimant’s failure to update his budget in advance of an unplanned preliminary hearing has led a High Court judge to rule that “every assumption” would be made against him in assessing the costs.’

Full story

Litigation Futures, 28th January 2015

Source: www.litigationfutures.com

Sir Brian Leveson’s Review of Efficiency in Criminal Proceedings published: Media Release – Judiciary of England and Wales

‘Sir Brian Leveson, The President of the Queen’s Bench Division publishes his review into efficiency in criminal proceedings today (Friday) with a wide ranging set of recommendations. He was asked by the Lord Chief Justice, Lord Thomas to find ways to make criminal justice more efficient and streamlined.’

Full press release

Judiciary of England and Wales, 23rd January 2015

Source: www.judiciary.gov.uk

Financial Remedies Working Group final report – Judiciary.gov.uk

‘The Financial Remedies Working Group (“the group”) was established by the President of the Family Division in June 2014. It has been chaired by Nicholas Mostyn J and Stephen Cobb J.

The group produced an interim report on 31 July 2014, making a number of recommendations. This final report should be read in conjunction with that interim report.’

Final report

Judiciary of England and Wales, 28th January 2015

Source: www.judiciary.gov.uk

Alice Gross – joint statement from the CPS and the Metropolitan Police – Crown Prosecution Service

‘At the end of the investigation into the disappearance and death of Alice Gross, the Metropolitan Police Service (MPS) submitted a report to the Crown Prosecution Service (CPS). That report proposed that Arnis Zalkalns was responsible for her abduction and murder.’

Full press release

Corwn Prosecution Service, 27th January 2015

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 28th, 2015 in legislation by sally

The Hydrocarbon Oil (Marking and Designated Markers) (Amendment) Regulations 2015

The Welfare Reform Act 2012 (Commencement No. 21 and Transitional and Transitory Provisions) Order 2015

The Welfare Reform Act 2012 (Commencement No. 9, 11, 13, 14, 16, 17 and 19 and Transitional and Transitory Provisions (Amendment)) Order 2015

The Transport Levying Bodies (Amendment) Regulations 2015

The Ministry of Defence Police (Conduct etc.) Regulations 2015

The Feed-in Tariffs (Amendment) Order 2015

The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2015

The Compensation (Claims Management Services) (Amendment) Regulations 2015

The Driver and Vehicle Standards Agency Trading Fund Order 2015

The Offender Rehabilitation Act 2014 (Commencement No. 2) Order 2015

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2015

The Transfer of Tribunal Functions (Transport Tribunal) Order 2015

The Financial Services and Markets Act 2000 (Regulation of Auditors and Actuaries) (PRA Specified Powers) Order 2015

The Capital Allowances Act 2001 (Extension of first-year allowances) (Amendment) Order 2015

The Nursing and Midwifery Council (Fitness to Practise) (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2015

The Vaccine Damage Payments (Specified Disease) Order 2015

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 28th, 2015 in law reports by sally

Court of Appeal (Civil Division)

M (Republic of Ireland) (Child’s Objections) (Joinder of Children As Parties To Appeal) [2015] EWCA Civ 26 (27 January 2015)

Thorney Park Golf Ltd (t/a Laleham Golf Club) v Myers Catering Ltd [2015] EWCA Civ 19 (27 January 2015)

Walford v Worcestershire County Council [2015] EWCA Civ 22 (27 January 2015)

Mulugeta & Ors v R. [2015] EWCA Crim 6 (27 January 2015)

Hough v Greathall Ltd [2015] EWCA Civ 23 (27 January 2015)

Blankley v Central Manchester And Manchester Children’s University Hospitals NHS Trust [2015] EWCA Civ 18 (27 January 2015)

BB, PP, W, U & Ors v Secretary of State for the Home Department [2015] EWCA Civ 9 (23 January 2015)

Powys Teaching Local Health Board v Dusza & Anor [2015] EWCA Civ 15 (22 January 2015)

Timmins & Anor, R (On the Application Of) v Gelding Borough Council [2015] EWCA Civ 10 (22 January 2015)

Fenty & Ors v Arcadia Group Brands Ltd & Anor [2015] EWCA Civ 3 (22 January 2015)

Welch v Waterworth [2015] EWCA Civ 11 (22 January 2015)

Gard Marine & Energy Ltd v China National Chartering Co Ltd (Rev 1) [2015] EWCA Civ 16 (22 January 2015)

Border v Lewisham And Greenwich NHS Trust [2015] EWCA Civ 8 (21 January 2015)

Best, R (On the Application Of) v The Secretary of State for Justice (Rev 1) [2015] EWCA Civ 17 (21 January 2015)

Kaur v The Secretary of State for the Home Department [2015] EWCA Civ 13 (20 January 2015)

McCarthy, R (on the application of) v The Visitors to the Inns of Court & Anor [2015] EWCA Civ 12 (20 January 2015)

Hussain v The London Borough of Waltham Forest [2015] EWCA Civ 14 (20 January 2015)

Court of Appeal (Criminal Division)

S v R [2014] EWCA Crim 2648 (20 January 2015)

Dillon v R [2015] EWCA Crim 3 (20 January 2015)

Thorsby & Ors v The Queen [2015] EWCA Crim 1 (20 January 2015)

Chinegwundoh v R [2014] EWCA Crim 2649 (20 January 2015)

Ahmed v The Queen [2014] EWCA Crim 2647 (20 January 2015)

Wells & Ors v R [2015] EWCA Crim 2 (20 January 2015)

Source: www.bailii.org

Patrick Curran jailed for life for murdering Joan Roddam – BBC News

‘A man with a fetish for older women has been jailed for life for the murder of a pensioner in her Cornwall home. Patrick Curran was 27 when he strangled 74-year-old widow Joan Roddam at her home in Delabole, in November 2003.’

Full story

BBC News, 27th January 2015

Source: www.bbc.co.uk

Jasmyn Chan death: Man jailed for Sheffield hit-and-run – BBC News

‘A man has been jailed for seven-and-a-half years for killing a teenage girl in a hit-and-run crash. Jasmyn Chan, 14, died when she was hit by a car on Normanton Hill, Sheffield, on 9 May while crossing the road.’

Full story

BBC News, 27th January 2015

Source: www.bbc.co.uk

High court blocks second phone-hacking claims brought by John Leslie and Jeff Brazier – The Guardian

‘Mr Justice Mann rules that settlements reached in first claims for damages against News of the World publisher barred new actions from former TV personalities.’

Full story

The Guardian, 27th January 2015

Source: www.guardian.co.uk

Government in £9 million payout after single letter blunder causes business to collapse – Daily Telegraph

Posted January 28th, 2015 in costs, damages, mistake, negligence, news, winding up by sally

‘A High Court judge has found Companies House liable for the demise of Taylor & Sons Ltd, after they mistakenly recorded that it had been wound up.’

Full story

Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

Give slavery victims ‘freedom from prosecution for minor crimes’ – The Guardian

Posted January 28th, 2015 in bills, crime, forced labour, gangs, immunity, news, police, prosecutions, victims by sally

‘Granting victims of slavery immunity from prosecution to give evidence about exploitation will be a key tool in tackling organised gangs, according to the officer in charge of coordinating new investigative powers.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

David Beckham’s TV ad for whisky cleared by advertising watchdog – The Guardian

Posted January 28th, 2015 in advertising, alcoholism, charities, children, food, news, regulations, sport by sally

‘David Beckham’s TV ad for whisky brand Haig Club has been cleared by the UK advertising watchdog, despite complaints that the former footballer’s endorsement promotes drinking among children.’

Full story

The Guardian, 28th January 2015

Source: www.guardian.co.uk

Elderly man ‘held prisoner’ in care home – Daily Telegraph

‘An elderly man suffering from dementia was treated like a “prisoner” after social workers dispatched him to a nursing home against his and his family’s wishes without going through proper legal processes, a formal investigation has found.’

Full story

Daily Telegraph, 28th January 2015

Source: www.telegraph.co.uk

Victims’ commissioner: Complaints are not being taken seriously – Daily Telegraph

Posted January 27th, 2015 in codes of practice, complaints, news, reports, victims by sally

‘ ”Something is going terribly wrong” with the way victims of crime are treated by the system, says the victims’ tsar.’

Full story

Daily Telegraph, 27th January 2015

Source: www.telegraph.co.uk

A Capacitous Patient’s Consent to Medical Treatment is Still Fundamental, Even Where the Treatment Takes Place in Accident and Emergency – Zenith PI Blog

Posted January 27th, 2015 in appeals, consent, duty of care, hospitals, medical treatment, negligence, news by sally

‘In the case of Anita Border v Lewisham and Greenwich NHS Trust [2015] EWCA Civ 8, recently heard by the Court of Appeal, a Senior House Officer in the Accident and Emergency Department commenced a treatment in the face of explicit protestation by the Claimant, and without discussing with her what her alternatives were.’

Full story

Zenith PI Blog, 26th January 2015

Source: www.zenithpi.wordpress.com

Spousal maintenance – Law Society’s Gazette

Posted January 27th, 2015 in divorce, financial provision, news by sally

‘Disputes over spousal maintenance are often the main bar to couples resolving financial disputes on divorce. In the judgment of SS v NS [2014] EWHC 4183 (Fam), Mostyn J has given comprehensive guidance on the principal issues surrounding spousal maintenance.’

Full story

Law Society’s Gazette, 26th January 2015

Source: www.lawgazette.co.uk

EVENT: Law Commission – Scarman Lecture 2015

Posted January 27th, 2015 in Forthcoming events by sally

‘We are delighted that Sir Geoffrey Palmer KCMG AC QC has agreed to deliver the 2015 Scarman Lecture on 24 March.
2015 is the Law Commission’s 50th anniversary. Sir Geoffrey’s lecture – The Law Reform Enterprise: Evaluating the Past and Charting the Future – will be a timely opportunity to look back at past achievements, as well as considering what might lie ahead.’

Date: 24th March 2015, 6.00-8.00pm

Location: Middle Temple Hall, Middle Temple Lane, London EC4Y 9AT

Charge: Free, registration required

More information can be found here.

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence – WLR Daily

Posted January 27th, 2015 in armed forces, civil procedure rules, costs, employment, fees, law reports by sally

Broni v Ministry of Defence; Woof v Ministry of Defence; Barbour v Ministry of Defence [2015] EWHC 66 (QB); [2015] WLR (D) 24

‘The words “contract of service” in section 2(1) of the Employers’ Liability (Compulsory Insurance) Act 1969 Act were not to be given a construction broader than their usual meaning. It followed that the claimants, as members of the armed forces, were not “employees” for the purposes of section 2(1) the 1969 Act and the fixed success fee regime for employer’s liability claims, as set out in Section IV of CPR Pt 45 (pre 1 April 2013), did not apply to their claims against the defendant ministry.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Hussain v Waltham Forest London Borough Council – WLR Daily

Hussain v Waltham Forest London Borough Council [2015] EWCA Civ 14; [2015] WLR (D) 21

‘The phrase “other violence” in section 177(1) of the Housing Act 1996 covered not only physical violence (actual or threatened) but other threatening or intimidating behaviour or abuse, if of such seriousness that it might give rise to psychological harm.’

WLR Daily, 20th January 2015

Source: www.iclr.co.uk

Elashmawy v Court of Brescia, Italy – WLR Daily

Posted January 27th, 2015 in appeals, extradition, foreign jurisdictions, human rights, law reports, prisons by sally

Elashmawy v Court of Brescia, Italy [2015] EWHC 28 (Admin); [2015] WLR (D) 15

‘Italian prison conditions were compliant with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 16th January 2015

Source: www.iclr.co.uk