‘Solicitors are not under a general duty to check the credit status of parties in a commercial transaction unless instructed to, the High Court has ruled.’
Legal Futures, 4th March 2015
Source: www.legalfutures.co.uk
‘The code provides guidance and sets out considerations that apply to the exercise of powers of entry including, where appropriate, the need to minimise disruption to business. It will ensure greater consistency in the exercise of powers of entry, and greater clarity for those affected by them, while upholding effective enforcement.’
Home Office, 4th March 2015
Source: www.gov.uk/home-office
‘Court fees will increase from next week after the House of Lords last night rubber-stamped the planned levy. A 5% charge will be added to all civil claims valued at more than £10,000, with fees capped at £10,000. According to the statutory instrument, the order comes into force on the following Monday after it is made.’
Law Society’s Gazette, 5th March 2015
Source: www.lawgazette.co.uk
‘The family court has renewed a stern message to litigants that it will not tolerate non-compliance with court orders. The Honourable Mr Justice Keehan said practitioners must be made aware that poor practices pre-dating new Civil Procedure Rules should no longer be a feature of family litigation.’
Law Society’s Gazette, 4th March 2015
Source: www.lawgazette.co.uk
‘John Tughan QC of 4 Paper Buildings reviews recent judgments of particular importance to all practitioners in public children law.’
Family Law Week, 3rd March 2015
Source: www.familylawweek.co.uk
‘Amazon has been banned from sending an advertisement to customers promoting a “free trial” of its Amazon Prime service after the Advertising Standards Authority (ASA) ruled it was misleading.’
Daily Telegraph, 4th March 2015
Source: www.telegraph.co.uk
‘Police chiefs have won a court battle against a 90-year-old peace activist fighting to have his personal details removed from an extremism database.’
BBC News, 4th March 2015
Source: www.bbc.co.uk
‘Jamshed Javeed is awaiting sentencing after admitting two counts of engaging in conduct in preparation of terrorist acts.’
Daily Telegraph, 4th March 2015
Source: www.telegraph.co.uk
‘Laura Ashley boss, Dr Khoo Kay Peng, 76, is locked in a £400 million divorce battle with his former-Miss Malaysia wife of 43 years, Pauline Siew Phin Chai. A judge found in Miss Chai’s favour last October that the divorce proceedings should be heard in UK, as the couple fight a “parallel” case in their native-Malaysia. While the “expensive gallop” between the two countries continues, the husband has failed to pay more than £400,000 in legal and maintenance costs to his wife.’
Daily Telegraph, 4th March 2015
Source: www.telegraph.co.uk
‘The government has written to the authorities in more than 70 countries and foreign jurisdictions in an attempt to clarify the rights of gay people who are working or travelling abroad. The equalities minister, Jo Swinson, has asked national and regional governments including Australia, Chile, Israel, South Africa and all 50 US states to confirm whether they recognise British civil partnerships and marriages between same-sex couples, and what rights gay people can expect when they travel.’
The Guardian, 5th March 2015
Source: www.guardian.co.uk
‘A database of civilian drones being flown in the UK should be created to enforce their safe operation, a House of Lords report has recommended.’
The Guardian, 5th March 2015
Source: www.guardian.co.uk
Blakesley v Secretary of State for Work and Pensions [2015] EWCA Civ 141; [2015] WLR (D) 96
‘The Government was not obliged to make lump sum payments to successful applicants for asylum representing the difference between the support they received while their application was being processed and mainstream benefits.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘A tortious claim for inducement of breach of a contractual term providing for exclusive jurisdiction of the English Court brought against a defendant domiciled in Germany where the harmful event did not occur in England could not be brought in the English court since article 5(3) of Council Regulation (EC) No 44/2001 did not apply.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev [2015] EWCA Civ 139; [2015] WLR (D) 94
‘Under the terms of a freezing order the court had jurisdiction to order a member of a class of beneficiaries under a discretionary trust to make disclosure of the details of the trust and the trust assets.’
WLR Daily, 27th February 2015
Source: www.iclr.co.uk
‘The Lord Chancellor’s Exceptional Funding Guidance (Inquests) (promulgated under the Legal Aid, Sentencing and Punishment of Offenders Act 2012) was unlawful in that it provided a misleading impression of the law for caseworkers considering an application from relatives of a deceased for legal aid to cover representation at an inquest into a death which arose in circumstances which might have engaged article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 20th February 2015
Source: www.iclr.co.uk
Regina v Akhtar (Itzaz) [2015] EWCA Crim 176; [2015] WLR (D) 91
‘Where a jury brought in a guilty verdict on one count but were unable to agree on another count, a retrial on that other count was not an abuse of process unless the two counts were true alternatives in that they were mutually exclusive alternatives.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
Regina v Boardman [2015] EWCA Crim 175; [2015] WLR (D) 92
‘A judge was fully entitled to refuse to allow the prosecution to adduce evidence of telephone data records where they had failed to progress the case properly or in accordance with the Criminal Procedure Rules or other direction even though such refusal effectively brought the prosecution to an end. The Court of Appeal would support trial judges in the exercise of their discretion in discharging their case management responsibilities.’
WLR Daily, 26th February 2015
Source: www.iclr.co.uk
‘It was implicit in the terms of sections 73 and 73A of the Town and Country Planning Act 1990, as amended, that in an appropriate case a planning authority considering an application under section 73 for planning permission to proceed with a development without complying with conditions attached to an existing permission might grant, under section 73A, retrospective planning permission for a development already carried out, subject to conditions imposed under section 70. There might be some unusual circumstance that would require the inspector to forewarn the applicant that he was minded to act under section 73A.’
WLR Daily, 25th February 2015
Source: www.iclr.co.uk
‘A driver who took cocaine and cannabis before crashing his car into a tree and killing two of his friends has been jailed for four years.’
BBC News, 3rd March 2015
Source: www.bbc.co.uk
‘The new mandatory gateway for civil legal advice may have been a barrier to access to justice, according to charity Public Law Project, which has published research showing the service has been used far less widely than expected.’
Law Society’s Gazette, 3rd March 2015
Source: www.lawgazette.co.uk
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