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

No further action to be taken following the death of Andrew Pimlott – Crown Prosecution Service

‘Following the death of Andrew Pimlott in Plymouth in April 2013, the Crown Prosecution Service (CPS) has determined that there is insufficient evidence to prosecute a police constable for gross negligence manslaughter or misconduct in public office.’

Full press release

Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

Bar Council Statement on the role of the Lord Chancellor – The Bar Council

Posted October 17th, 2014 in barristers, inquiries, judiciary, lord chancellor, parliament, press releases by sally

‘Following the Lord Chancellor’s evidence on October 15 2014 to the House of Lords
Constitution Committee’s inquiry into the role of the Lord Chancellor, Nicholas Lavender QC, chairman of the Bar Council, said: “Justice is not a service that governments can choose to provide or not. It is a vital part of our constitutional arrangements. It needs to be defended and promoted to make the separation of powers a continuing reality and thereby to safeguard our democratic way of life for the future.” ‘

Full press release

The Bar Council, 16th October 2014

Source: www.barcouncil.org.uk

Father wins custody battle after being falsely accused of sexually abusing his daughter – Daily Telegraph

Posted October 17th, 2014 in child abuse, custody, news by sally

‘A father has won custody of his daughter after his former partner falsely accused him of sexually abusing their child. The man was investigated by police and social workers after the woman said her daughter had made “disclosures of sexual abuse”. But Judge Jane Miller has ruled that the girl, now nine, should live with her father after concluding the woman’s allegations were untrue.’

Full story

Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

David Walliams settles phone-hacking damages claim – The Guardian

‘Actor and comedian David Walliams has settled his phone-hacking damages claim. Walliams, who is best known for the sketch show Little Britain but is also an author and a trustee of Comic Relief, accepted substantial undisclosed damages and his legal costs from News Group Newspapers, publisher of the now-defunct News of the World.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk

Plymouth burns death Taser policeman avoids prosecution – BBC News

Posted October 17th, 2014 in disciplinary procedures, homicide, misfeasance in public office, news, police by sally

‘A police officer who Tasered a petrol-soaked man who then caught fire and died will not face criminal charges. He was being investigated for gross negligence manslaughter and misconduct in a public office over Andrew Pimlott’s death in Plymouth last year.’

Full story

BBC News, 16th October 2014

Source: www.bbc.co.uk

Hospital safety standards shocking, say inspectors – BBC News

Posted October 17th, 2014 in budgets, health & safety, hospitals, news, quality assurance, standards, statistics by sally

‘Safety standards in hospitals in England are “shocking”, inspectors say. The warning by the Care Quality Commission came as it released the results for the first 82 hospital inspected under a new regime. The system has been designed to be tougher and was overhauled following the Stafford Hospital scandal.’

Full story

BBC News, 16th October 2014

Source: www.bbc.co.uk

Grayling gives green light for staff to use force against inmates in new jail – The Guardian

‘Chris Grayling is to defy an appeal court judgement and order that staff should be able to use force to restrain teenage inmates for “the purposes of good order and discipline” at his proposed £85m privately run “super-child jail.” The proposed rule for the justice secretary’s 320-place “secure college” comes despite a court of appeal ruling in 2008 which banned the use of force after it was linked to the deaths and injury of several children in custody, including the death of a 14-year-old Gareth Myatt.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk

Home Office told to disclose advice behind decision on intercept evidence – The Guardian

‘The Home Office has been ordered to release secret legal advice justifying its decision to prevent intercept evidence being used in criminal trials. The ruling by an information tribunal could shine a light on the way intelligence agencies gather and store material as well as on their relationship with law enforcement organisations. The appeal for the advice to be disclosed was made by the Bingham Centre for the Rule of Law which submitted a Freedom of Information request to uncover the reasoning behind a 2009 report, entitled “Intercept as Evidence”.’

Full story

The Guardian, 16th October 2014

Source: www.guardian.co.uk

Authors’ concerns after court rules writer can’t publish sex abuse memoir – Daily Telegraph

‘Leading authors have expressed their “grave concern” at a court ruling which has prevented a writer from publishing a book dealing with the sexual abuse he suffered as a child. The author’s ex-wife has obtained a temporary injunction stopping the memoir’s release until the issue has been decided at trial. She argued that reading it would cause their 11 year-old son, who suffers from a number of disabilities, severe psychological harm.’

Full story

Daily Telegraph, 16th October 2014

Source: www.telegraph.co.uk

Director of Public Prosecutions responds to Supreme Court on assisted suicide policy – Crown Prosecution Service

‘The Director of Public Prosecutions has today clarified the CPS Policy on cases of encouraging or assisting suicide in light of the recent comments of the Supreme Court in the case of Nicklinson and others.’

Full story

Crown Prosecution Service, 16th October 2014

Source: www.cps.gov.uk

Phone hacking: Rebekah Brooks’s husband loses £600,000 costs claim – The Guardian

‘Rebekah Brooks’s husband Charlie has lost his bid to recover the £600,000 in legal fees he incurred as a result of being a co-defendant in the phone-hacking trial.’

Full story

The Guardian, 15th October 2014

Source: www.guardian.co.uk

Are murder laws sexist? – BBC News

Posted October 16th, 2014 in defences, murder, news, provocation, sex discrimination by sally

‘In much of the UK, men on trial for killing their partner are no longer allowed to use the excuse of provocation. But are judges following the spirit of the law designed to eliminate sexism from the judicial process?’

Full story

BBC News, 15th October 2014

Source: www.bbc.co.uk