Recent Statutory Instruments – legislation.gov.uk

Posted November 13th, 2014 in legislation by sally

The Civil Procedure (Amendment No. 7) Rules 2014

The Civil Jurisdiction and Judgments (Amendment) Regulations 2014

The Russia, Crimea and Sevastopol (Sanctions) (Overseas Territories) (Amendment) Order 2014

Source: www.legislation.gov.uk

EVENT: IALS – Victims and Vulnerable Witnesses – time for the UK to catch up with Europe or vice versa?

Posted November 13th, 2014 in Forthcoming events by sally

‘Successive UK Governments have promised to “put victims at the heart of the criminal justice system” and to “get it right for victims and witnesses”, without necessarily satisfying the requirements of Directive 2012/29/EU – let alone the levels of participation and protection offered by the traditional “parti civile” status in, for example, Italy.’

Date: 8th December 2014, 2.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: IALS – The Foundations of EU Administrative Law: Treaty Foundations, Judicial Creativity and the Hierachy of Norms (Hamlyn Lecture 2014)

Posted November 13th, 2014 in Forthcoming events by sally

‘In the third and final 2014 Hamlyn lecture Paul Craig will begin with a consideration of the formal Treaty foundations on which the subject has been built, and explores the origins of general principles of law crafted by the Community courts. The focus then shifts to the substantive foundations on which the subject has been constructed, and the role played by the rule of law in this development. The final section addresses the regulatory foundations of EU administrative law and the challenges that this has posed.’

Date: 2nd December 2014, 6.00-7.00pm

Location: Gray’s Inn Hall, London WC1R 5ET

Charge: Free, registration required

More information can be found here.

EVENT: IALS – The Legal Historian as Expert Witness

Posted November 13th, 2014 in Forthcoming events by sally

‘Organised with the London Legal History Seminar.’

Date: 28th November 2014, 6.00-7.30pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Classifieds

Posted November 13th, 2014 in news by sally

Recently added:

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department – WLR Daily

Regina (Lord Carlile of Berriew and others) v Secretary of State for the Home Department: [2014] UKSC 60; [2014] WLR (D) 479

‘The Home Secretary’s decision to maintain an order excluding the entry into the United Kingdom of a dissident Iranian politician, invited by members of the Houses of Parliament to meet them in London to discuss human rights and democratic issues in Iran, was not a disproportionate interference with their right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms: the Home Secretary was entitled to accept the recommendation of the Foreign Secretary that to permit such entry would risk jeopardising the United Kingdom’s diplomatic and economic interests and might provoke a violent reaction in Iran resulting in damage to British property and endangering the safety of British and local personnel.’

WLR Daily, 12th November 2014

Source: www.iclr.co.uk

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted November 13th, 2014 in appeals, homelessness, housing, law reports, local government by sally

R (Jakimaviciute) v Hammersmith and Fulham London Borough Council: [2014] EWCA Civ 1438; [2014] WLR (D) 478

‘The power of a local housing authority under section 160ZA(7) of the Housing Act 1996 to set the qualification criteria for registration on a housing allocation scheme under that Act was subject to the authority’s duty under section 166A(3) of the 1996 Act to secure that reasonable preference was given to specified classes of people, including those who were owed a housing duty under section 193(2) of that Act.’

WLR Daily, 6th November 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 13th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Hodges v Aegis Defence Services (BVI) Ltd [2014] EWCA Civ 1449 (12 November 2014)

IPC Media Ltd v Media 10 Ltd [2014] EWCA Civ 1439 (12 November 2014)

SH (Iran) & Anor v Secretary of State for the Home Department [2014] EWCA Civ 1469 (12 November 2014)

Laughton v Shalaby [2014] EWCA Civ 1450 (12 November 2014)

Interflora Inc & Ors v Marks and Spencer Plc [2014] EWCA Civ 1448 (12 November 2014)

High Court (Administrative Court)

Sisangia, R (on the Application of) v Director of Legal Aid Casework [2014] EWHC 3706 (Admin) (12 November 2014)

High Court (Chancery Division)

Sands v Layne & Anor [2014] EWHC 3665 (Ch) (12 November 2014)

High Court (Commercial Court)

Globe Motors Portugal-Material Electrico Para A Industria Automvel LDA & Ors v TRW Lucas Varity Electric Steering Ltd [2014] EWHC 3718 (Comm) (11 November 2014)

High Court (Queen’s Bench Division)

The National Crime Agency v Perry & Ors [2014] EWHC 3759 (QB) (12 November 2014)

Source: www.bailii.org

Woman murdered by ex was let down by police, IPCC finds – The Guardian

Posted November 13th, 2014 in complaints, domestic violence, murder, news, police, recidivists, violent offenders by sally

‘The Independent Police Complaints Commission (IPCC) said on Wednesday that investigations into the killer’s previous crimes were inadequate and there had been a catalogue of inaction and missed opportunities. Katie Cullen, 34, a senior nursing sister, was killed by her former partner Iman Saeed Ghafelipour, in October 2009.’

Full story

The Guardian, 12th November 2014

Source: www.guardian.co.uk

Lord chief justice attacks secret trials – BBC News

‘The lord chief justice of England and Wales has condemned an attempt to hold a completely secret trial, saying it should never happen again.’

Full story

BBC News, 12th November 2014

Source: www.bbc.co.uk

Couple rack up legal bills of nearly £1m fighting divorce battle (over assets worth just £2.9m) – Daily Telegraph

Posted November 13th, 2014 in costs, divorce, news, trials by sally

‘A businessman and his estranged wife ran up legal bills of more than £900,000 while fighting over assets worth less than £2.9 million, a High Court judge heard. Mr Justice Mostyn said the couple had spent nearly a third of everything they had built up over 18 years funding litigation.’

Full story

Daily Telegraph, 12th November 2014

Source: www.telegraph.co.uk

IPCC to investigate three police forces over failure to act on child abuse – The Guardian

Posted November 13th, 2014 in child abuse, complaints, news, sexual offences by sally

‘Three police forces are to be investigated by the police watchdog over concerns they failed to act on intelligence about suspected sex offenders living in their area.’

Full story

The Guardian, 12th November 2014

Source: www.guardian.co.uk

Law to protect foreign aid rejected by Foreign Secretary Philip Hammond – Daily Telegraph

Posted November 13th, 2014 in bills, budgets, charities, news by sally

‘Philip Hammond has rejected a “bizarre” plan to enshrine in law Britain’s commitment to spend billions of pounds every year on foreign aid. The Foreign Secretary’s comments could prompt a row with the Liberal Democrats, who are attempting to force through legislation committing the Government to spending 0.7 per cent of GDP on foreign aid. Mr Hammond said there is no need for a new law because the Government is already spending 0.7 per cent, which is a United Nations target.’

Full story

Daily Telegraph, 12th November 2014

Source: www.telegraph.co.uk

Barclays may face massive new penalty over currency rigging – The Guardian

Posted November 13th, 2014 in banking, financial regulation, fines, fraud, news by sally

‘Barclays could face a huge new penalty for rigging currency markets after pulling out at the 11th hour from the settlement talks that led to £2.6bn of fines being slapped on six other big players in the currency markets. Barclays will not be eligible for the 30% discount on the fines handed to its rivals in exchange for settling early after its surprise move not to participate in the settlement with US and UK regulators. The bank, which was the first to be fined for rigging Libor in 2012, is reported not to have agreed to the settlement with the UK’s Financial Conduct Authority and the US commodity futures trading commission because of continuing talks with another US regulator.’

Full story

The Guardian, 13th November 2014

Source: www.guardian.co.uk

New sentencing guidelines proposed for corporate manslaughter, health and safety and food safety offences. – Sentencing Council

‘Proposed sentencing guidelines have been published today which will assist sentencers dealing with corporate manslaughter, health and safety and food safety and hygiene offences.’

Full press release

Sentencing Council, 13th November 2014

Source: http://sentencingcouncil.judiciary.gov.uk

Coroner investigates death of woman treated by dentist at centre of alert – The Guardian

Posted November 13th, 2014 in coroners, dentists, health, news, professional conduct, whistleblowers by sally

‘Investigation trying to establish whether there are any links between 23-year-old woman’s death and the treatment she received.’

Full story

The Guardian, 12th November 2014

Source: www.guardian.co.uk

Human Rights and the Common Law – Where Next after Kennedy v the Charity Commission? The Jan Grodecki Lecture 2014

Posted November 12th, 2014 in human rights, lectures by sally

‘Human Rights and the Common Law – Where Next after Kennedy v the Charity Commission? The Jan Grodecki Lecture 2014 by Michael Tugendhat at the University of Leicester School of Law on 23rd October, 2014.’

Full lecture

University of Leicester, 23rd October 2014

Source: www.le.ac.uk

Oral statement to Parliament – Prisoner communications – Ministry of Justice

Posted November 12th, 2014 in confidentiality, news, prison officers, prisons, rehabilitation, telecommunications by sally

‘Oral Statement on prisoner communications by the Secretary of State for Justice, 11 November 2015.’

Full statement

Ministry of Justice, 11th November 2014

Source: www.gov.uk/government/organisations/ministry-of-justice