Judge calls for more openness in controversial secret court – Daily Telegraph

‘District Judge Anselm Eldergill says Court of Protection should normally be open to the Press, in moves first mooted almost a year ago by another senior judge.’

Full story

Daily Telegraph, 17th October 2014

Source: www.telegraph.co.uk

Maesbrook gatecrashers jailed for violent disorder – BBC News

Posted October 20th, 2014 in news, sentencing, violent disorder by sally

‘A gang of 10 men who gatecrashed a teenager’s house party in what a judge described as “the spirit of the mob” have been jailed for violent disorder.’

Full story

BBC News, 17th October 2014

Source: www.bbc.co.uk

Police ‘use loophole’ to access phone and email records – Daily Telegraph

‘Police forces have used a loophole to access phone and email records, it has been claimed.’

Full story

Daily Telegraph, 20th October 2014

Source: www.telegraph.co.uk

Building a super-prison for children is a terrible idea – The Guardian

‘he Ministry of Justice’s bizarre plan includes a regime of physical punishment and restraint that would be a recipe for child abuse.’

Full story

The Guardian, 17th October 2014

Source: www.guardian.co.uk

New dog laws: What pet owners need to know from today – Daily Telegraph

Posted October 20th, 2014 in complaints, dogs, fines, injunctions, local government, news, police, prosecutions by sally

‘A breakdown of the new legal powers police have to help prevent dog attacks.’

Full story

Daily Telegraph,

Source: www.telegraph.co.uk

Ched Evans conviction to be fast-tracked by watchdog investigating miscarriages of justice – The Independent

Posted October 20th, 2014 in miscarriage of justice, news, ombudsmen, rape by sally

‘The watchdog which investigates possible miscarriages of justice has said it is fast-tracking an application by Ched Evans to review his rape conviction.’

Full story

The Independent, 19th October 2014

Source: www.independent.co.uk

Internet trolls face four times longer in jail, Chris Grayling pledges – The Guardian

‘Internet trolls who spread “venom” on social media could be jailed for up to two years, the justice secretary Chris Grayling has said as he announced plans to quadruple the maximum prison sentence.’

Full story

The Guardian, 19th October 2014

Source: www.guardian.co.uk

Martin Foran wins second miscarriage of justice appeal – BBC News

Posted October 17th, 2014 in appeals, miscarriage of justice, news, police, robbery by sally

‘A terminally-ill man has won a second miscarriage of justice appeal over robberies he was mistakenly convicted of in the 1970s and 80s.’

Full story

BBC News, 17th October 2014

Source: www.bbc.co.uk

‘Background’ trade marks may be valid even if never used as registered , UK court rules – OUT-LAW.com

Posted October 17th, 2014 in appeals, EC law, news, trade marks by sally

‘Wordless logo trade marks that are never used in isolation can defeat a legal challenge brought on the basis that they have never been used, a UK court has ruled.’

Full story

OUT-LAW.com, 16th October 2014

Source: www.out-law.com

Court of Appeal: employer not in breach of duty of care by beginning disciplinary proceedings – OUT-LAW.com

Posted October 17th, 2014 in appeals, disciplinary procedures, duty of care, employment, news, universities by sally

‘A university did not breach its duty of care towards an employee by beginning disciplinary proceedings against her after what the employee argued was an inadequate investigation, the Court of Appeal in England and Wales has ruled.’

Full story

OUT-LAW.com, 16th October 2014

Source: www.out-law.com

Munchausen, MMR and mendacious “warrior mothers” – UK Human Rights Blog

‘A Local Authority and M (By his litigation friend via the Official Solicitor) v E and A (Respondents) [2014] EWCOP 33 (11 August 2014). And now the Court of Protection has published a ruling by Baker J that a a supporter of the discredited doctor Andrew Wakefield embarked on an odyssey of intrusive remedies and responses to her son’s disorder, fabricating claims of damage from immunisation, earning her membership of what science journalist Brian Deer calls the class of “Wakefield mothers.” ‘

Full story

UK Human Rights Blog, 15th October 2014

Source: http://ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 17th, 2014 in legislation by sally

The Immigration (Notices) (Amendment) Regulations 2014

The Education (Student Support) (Amendment) Regulations 2014

The Children and Families Act 2014 (Commencement No. 5 and Transitional Provision) Order 2014

The Immigration (Passenger Transit Visa) Order 2014

The Road Safety (Financial Penalty Deposit) (Appropriate Amount) (Amendment) (No. 2) Order 2014

The Representation of the People (Supply of Information) Regulations 2014

The Pensions Act 2014 (Commencement No. 3) Order 2014

Source: www.legislation.gov.uk

Avonwick Holdings Ltd v Webinvest Ltd and another – WLR Daily

Avonwick Holdings Ltd v Webinvest Ltd and another: [2014] EWHC 3322 (Ch); [2014] WLR (D) 424

‘Communications made at a time when there was no dispute could not, with retrospective effect, be made subject to the without prejudice privilege by subsequently rasing a dispute.

WLR Daily, 10th October 2014

Source: www.iclr.co.uk

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

Posted October 17th, 2014 in appeals, asylum, detention, immigration, law reports, news, time limits by sally

Regina (Detention Action) v Secretary of State for the Home Department: [2014] EWCA Civ 1270; [2014] WLR (D) 426

‘All those subject to the Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined would now have four clear working days from allocation of a lawyer to substantive interview.’

WLR Daily, 9th October 2014

Source: www.iclr.co.uk

Tchenguiz v Director of the Serious Fraud Office and others – WLR DAily

Tchenguiz v Director of the Serious Fraud Office and others: [2014] EWCA Civ 1333; [2014] WLR (D) 427

‘It was very difficult for the Court of Appeal to deal with the dispatch of its business if it was faced with excessively lengthy skeleton arguments. What was required was a careful and concise summary of the points that were intended to be addressed.’

WLR Daily, 13th October 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 17th, 2014 in law reports by sally

Court of appeal (Civil Division)

Exsus Travel Ltd & Ors v Turner & Anor [2014] EWCA Civ 1331 (16 October 2014)

Versloot Dredging BV & Anor v HDI Gerling Industrie Versicherung AG & Ors [2014] EWCA Civ 1349 (16 October 2014)

The Woodland Trust v Loring & Ors [2014] EWCA Civ 1314 (16 October 2014)

Southwell v Blackburn [2014] EWCA Civ 1347 (16 October 2014)

IOT Engineering Projects Ltd v Dangote Fertilizer Ltd & Anor [2014] EWCA Civ 1348 (16 October 2014)

Alladin, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1334 (16 October 2014)

Ali v Caton & Anor [2014] EWCA Civ 1313 (15 October 2014)

UZ (Pakistan) v Secretary of State for the Home Department [2014] EWCA Civ 1319 (15 October 2014)

Specsavers International Healthcare Ltd & Ors v Asda Stores Ltd (Rev 1) [2014] EWCA Civ 1294 (15 October 2014)

Court of Appeal (Criminal Division)

Antoine v R [2014] EWCA Crim 1971 (15 October 2014)

High Court (Administrative Court)

Marsden v Crown Prosecution Service [2014] EWHC 3359 (Admin) (16 October 2014)

High Court (Chancery Division)

Parkwell Investments Ltd v Wilson & Anor [2014] EWHC 3381 (Ch) (16 October 2014)

Hague Plant Ltd v Hague& Ors [2014] EWHC 3383 (Ch) (16 October 2014)

Ghassemian v Tigris Industries Inc [2014] EWHC 3362 (Ch) (15 October 2014)

High Court (Family Division)

London Borough of Barking & Dagenham v SS [2014] EWHC 3338 (Fam) (15 October 2014)

Source: www.bailii.org

 

Lord Chancellor should be “very senior lawyer” – Legal Futures

Posted October 17th, 2014 in barristers, judiciary, lord chancellor, news, parliament, rule of law by sally

‘The Lord Chancellor should be a “very senior lawyer”, Nicholas Lavender QC, chairman of the Bar Council, has said. Justice secretary Chris Grayling told the House of Lords constitution committee this week that there were “no disadvantages” to the Lord Chancellor being, like him, a non-lawyer.’

Full story

Legal Futures, 17th October 2014

Source: www.legalfutures.co.uk

2014 Kalisher Lecture on the future of forensic science in criminal trials by the Lord Chief Justice – Judiciary of England and Wales

Posted October 17th, 2014 in criminal justice, expert witnesses, forensic science, speeches by sally

‘The Rt. Hon. The Lord Thomas of Cwmgiedd, The Lord Chief Justice of England and Wales gave the 2014 CBA Kalisher Lecture on the 14 October 2014.’

Full speech

Judiciary of England and Wales, 16th October 2014

Source: www.judiciary.gov.uk

Amended practice statement – General Regulatory Chamber – Judiciary of England and Wales

Posted October 17th, 2014 in practice directions, tribunals by sally

‘The Senior President of Tribunals has amended the practice statement regarding the composition of panels in the First-tier Tribunal (General Regulatory Chamber).’

Full practice statement

Judiciary of England and Wales, 17th October 2014

Source: www.judiciary.gov.uk

Dangerous dogs: tough new law to help prevent attacks – Home Office

Posted October 17th, 2014 in complaints, dogs, fines, local government, police, press releases, prosecutions by sally

‘Tough new legal powers to help prevent thousands of dog attacks every year will be given to police forces and local authorities from Monday 20 October.’

Full press release

Home Office, 17th October 2014

Source: www.gov.uk/home-office