National Crime Agency v Robb – WLR Daily

Posted January 14th, 2015 in fraud, law reports, proceeds of crime, victims by sally

National Crime Agency v Robb; [2014] EWHC 4384 (Ch); [2015] WLR (D) 1

‘The court gave guidance on the hearing of applications brought by victims of fraud under section 182 of the Proceeds of Crime Act 2002 as to the principles to be applied in following and tracing recoverable property obtained by the defendant through unlawful conduct.’

WLR Daily, 23rd December 2014

Source: www.iclr.co.uk

Regina (Mohammed) v Secretary of State for the Home Department – WLR Daily

Posted January 14th, 2015 in asylum, detention, EC law, immigration, law reports by sally

Regina (Mohammed) v Secretary of State for the Home Department; [2014] EWHC 4317 (Admin); [2015] WLR (D) 4

‘Where the Secretary of State for the Home Department had detained a person because she had innocently suspected that they should be returned to a third country under the principles in Council Regulation (EC) No 343/2003 (“the Dublin II Regulation”), but subsequent case law demonstrated that liability to Dublin II return did not arise, then that detention was unlawful.’

WLR Daily, 19th December 2014

Source: www.iclr.co.uk

Alternative Power Solution Ltd v Central Electricity Board and another – WLR Daily

Posted January 14th, 2015 in fraud, injunctions, law reports, letters of credit, Privy Council by sally

Alternative Power Solution Ltd v Central Electricity Board and another; [2014] UKPC 31; [2015] WLR (D) 3

‘The test for the grant of an interlocutory injunction to prevent payment under an irrevocable letter of credit on the grounds of fraud was whether it was seriously arguable that, on the material available, the only realistic inference was that (i) the beneficiary could not honestly have believed in the validity of its demands under the letter of credit, and (ii) the bank had been aware of such fraud.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 14th, 2015 in legislation by sally

The Public Lending Right Scheme 1982 (Commencement of Variation) Order 2015

The Income Tax (Pay As You Earn) (Amendment) Regulations 2015

The Landlord and Tenant (Notices) (Revocations) (England) Regulations 2015

The Costs in Criminal Cases (General) (Amendment) Regulations 2015

The Money Laundering (Amendment) Regulations 2015

The Criminal Justice (Specified Class B Drugs) Order 2015

The National Health Service (Mandate Requirements) Regulations 2014

The Company, Limited Liability Partnership and Business (Names and Trading Disclosures) Regulations 2015

The Housing (Tenancy Deposits) (Specified Interest Rate) (Revocation) (England) Order 2015

The Criminal Procedure (Amendment) Rules 2015

The Keeping and Introduction of Fish (England and River Esk Catchment Area) Regulations 2015

The Housing Benefit and Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Income from earnings) (Amendment) Regulations 2015

The Local Government Finance Act 1988 (Non-Domestic Rating Multipliers) (England) Order 2015

The Local Government (Transparency) (Descriptions of Information) (England) Order 2015

The Capital Requirements (Capital Buffers and Macro-prudential Measures) (Amendment) Regulations 2015

The Enterprise and Regulatory Reform Act 2013 (Amendment) (Gas and Electricity Appeals) Regulations 2015

The Motor Vehicles (Driving Licences) (Amendment) Regulations 2015

The Water Industry (Specified Infrastructure Projects) (English Undertakers) (Amendment) Regulations 2015

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 14th, 2015 in law reports by sally

Court of Appeal (Civil Division)

S (A Child) (Habitual Residence and Child’s Objections)(Brazil) [2015] EWCA Civ 2 (13 January 2015)

High Court (Administrative Court)

Jackson v Secretary of State for Communities and Local Government [2015] EWHC 20 (Admin) (13 January 2015)

Ali, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 7 (Admin) (09 January 2015)

AMG, R (On the Application Of) v Secretary of State for the Home Department [2015] EWHC 5 (Admin) (08 January 2015)

Pugh v Secretary of State for Communities and Local Government & Ors [2015] EWHC 3 (Admin) (05 January 2015)

High Court (Chancery Division)

Enterprise Holdings, Inc v Europcar Group UK Ltd & Anor [2015] EWHC 17 (Ch) (13 January 2015)

Hilton v D IV LLP & Ors [2015] EWHC 2 (Ch) (12 January 2015)

Altus Group (UK) Ltd v Baker Tilly Tax And Advisory Services LLP & Anor [2015] EWHC 12 (Ch) (07 January 2015)

High Court (Queen’s Bench Division)

AB v Chief Constable of X Constabulary [2015] EWHC 13 (QB) (08 January 2015)

Source: www.bailii.org

MI6 forced to show how it may snoop on privileged lawyer-client exchanges – The Guardian

‘MI6 has been forced to reveal documents detailing how it may access legally privileged communications between solicitors and their clients, even if the lawyers are suing the government.’

Full story

The Guardian, 13th January 2015

Source: www.guardian.co.uk

Blair: without IRA letters, peace process would have collapsed – The Guardian

‘Giving evidence to MPs, former prime minister defends his role in allowing the on-the-run scheme in 1999.’

Full story

The Guardian, 13th January 2015

Source: www.guardian.co.uk

Chilcot inquiry: Commons debate will try to fast-track publication of Iraq war report – The Independent

Posted January 14th, 2015 in inquiries, Iraq, news, reports, war by sally

‘A Commons debate on the delayed Iraq War Inquiry will attempt to pressure Downing Street into fast-tracking its publication before the general election in May. David Davis, the former shadow home secretary, led a group of cross-party MPs in winning time for the debate which will be held on January 29.’

Full story

The Independent, 13th January 2015

Source: www.independent.co.uk

Toddler who survived abortion is ‘little miracle’ – Daily Telegraph

Posted January 14th, 2015 in abortion, children, custody, families, health, medical treatment, news, pregnancy by sally

‘A baby boy who survived a late abortion carried out because his mother’s life was in danger has been described as a “little miracle” by a judge.

Details of the boy’s survival emerged in a Family Court judgment which concluded that the boy should live with his father’s family as his mother said she was unable to look after him.’

Full story

Daily Telegraph, 13th January 2015

Source: www.telegraph.co.uk

Woman sues own family after they refused to accept her when she changed sex – Daily Telegraph

Posted January 14th, 2015 in families, financial dispute resolution, news, small businesses by sally

‘A woman has won a bitter legal battle with her own family who refused to accept her new identity after she changed sex.’

Full story

Daily Telegraph, 14th January 2015

Source: www.telegraph.co.uk

Female detainees at Yarl’s Wood routinely humiliated, claims report – The Guardian

‘Women detained in the Yarl’s Wood immigration detention centre are routinely humiliated by male staff who monitor them while they are dressing, showering and using the toilet, or are naked in their rooms, a report into the treatment of female asylum seekers reveals. The report, by the charity Women for Refugee Women, noted that many female asylum seekers detained at Yarl’s Wood, in Bedfordshire, have been victims of sexual violence in their home countries.’

Full story

The Guardian, 14th January 2015

Source: www.guardian.co.uk

Patents: the Difficulties of Designing Around a Patent: Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc #2 – NIPC Law

Posted January 13th, 2015 in news, patents, telecommunications by sally

‘In Adaptive Spectrum and Signal Alignment Inc v British Telecommunications Plc [2013] EWHC 3768 (Pat) (3 Dec 2013) the claimant sued the defendant telecommunications company for infringing two of its European patents:

EP 2,259,495 adaptive DSL margin and band control using historical operational data (“495”); and
EP 1,869,790 DSL state and line profile control (“790”).’

Full story

NIPC Law, 12th January 2015

Source: www.nipclaw.blogspot.co.uk

New regulations prevent police officers retiring or resigning to avoid dismissal – Home Office

Posted January 13th, 2015 in disciplinary procedures, news, police, professional conduct, regulations by sally

‘The Home Office regulations, which come into force today [12 January], will ensure police officers are held to account for their actions.’

Full story

Home Office, 12th January 2015

Source: www.gov.uk/home-office

EVENT: National Pupillage Fair March 2015

Posted January 13th, 2015 in Forthcoming events by sally

‘There a limited number of exhibitors stands still available at the TARGETjobs Law National Pupillage Fair at Lincoln’s Inn on the 7th March 2015. The event, now in its 17th year, is the only national event exclusively targeted at students pursuing a career at the Bar and attracts over 1,500 career minded law students, 50% of whom are currently studying at a top 30 university and 20% currently already studying for their BPTC qualification every year.’

Date: 7th March 2015

Location: Lincoln’s Inn, London

Stand cost: Various prices available depending on location of stand. Please contact Kym Freedman on 01491 828920 or kym.freedman@groupgti.com for more information

More information can be found here.

Breck Bednar murder: Lewis Daynes sentenced to life in prison – BBC News

Posted January 13th, 2015 in murder, news, police, sentencing, sexual grooming, young offenders by sally

‘A teenager has been sentenced to life in prison for the murder of a 14-year-old boy he met through online gaming.’

Full story

BBC News, 12th January 2015

Source: www.bbc.co.uk

Private renters’ rights are stuck in the dark ages, Citizens Advice warns – The Guardian

‘Currently landlords obligated to repair fundamental fault in property – but can evict tenants if they pursue rights to repair.’

Full story

The Guardian, 13th January 2015

Source: www.guardian.co.uk

Judge left anonymous in family court case is named – Daily Telegraph

Posted January 13th, 2015 in anonymity, family courts, judges, news by sally

‘Judicial Office names judge in Reading case as Eleanor Owens after identities of everyone involved kept secret in highly-unusual move.’

Full story

Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

Chessington fined £150k after girl injured in fall – BBC News

Posted January 13th, 2015 in accidents, costs, health & safety, news by sally

‘Chessington World of Adventures has been fined £150,000 for safety breaches after a four-year-old girl suffered head injuries in a 14ft (4.2m) fall.’

Full story

BBC News, 12th January 2015

Source: www.bbc.co.uk

Sham marriage stopped after groom uses iPhone translate function to talk to ‘fiancee’ – Daily Telegraph

Posted January 13th, 2015 in fraud, gangs, immigration, marriage, news, sentencing by sally

‘Avtar Singh caught after raising suspicions by accessing translation app to communicate with future Czech wife.’

Full story

Daily Telegraph, 12th January 2015

Source: www.telegraph.co.uk

One in 4 inmates at youth ‘prison’ held in virtual solitary confinement, say inspectors – The Independent

‘Boys as young as 15 are being held in virtual solitary confinement in a youth prison plagued by gang violence, inspectors warn today.’

Full story

The Independent, 13th January 2015

Source: www.independent.co.uk