Asbestos victims win damages ruling – BBC News
‘Government plans to deduct legal fees from the damages paid to people dying from asbestos exposure are unlawful, the High Court has ruled.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
Woman cleared of trying to kill her mother in Breaking Bad-style plot – The Guardian
‘A woman has been cleared of attempting to kill her mother by poisoning her diet coke in a plot said to have been inspired by the cult American TV show Breaking Bad.’
The Guardian, 2nd October 2014
Source: www.guardian.co.uk
Sun reporter Vince Soodin faces police payment retrial – BBC News
‘The jury in the trial of a Sun reporter accused of paying a police officer for a tip-off has been discharged after failing to reach a verdict.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
Mentally ill patient dived off roof of Boston Pilgrim Hospital – BBC News
‘A mental health trust has been fined £20,000 after a patient dived off a hospital roof, leaving him paralysed from the chest down.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
Steven Miles jailed for murder of girlfriend Elizabeth Thomas – BBC News
‘A teenage boy obsessed with a TV serial killer has been jailed for at least 25 years for murdering and dismembering his 17-year-old girlfriend.’
BBC News, 2nd October 2014
Source: www.bbc.co.uk
Keynote speech by Lord Neuberger at 5 RB Conference on the Internet, 30 September 2014 – Supreme Court
‘”What’s in a name?” – Privacy and anonymous speech on the Internet.’
Supreme Court, 30th September 2014
Source: www.supremecourt.uk
Ian Cram: Penalising the googling juror? – Reflections on the futility of Part 3 of the Criminal Justice and Courts Bill (2013-14) – UK Constitutional Law Association
‘The hotchpotch of measures that comprises the Criminal Justice and Courts Bill is about to reach Report Stage in the House of Lords. The Bill sets out a panoply of new and controversial measures to deal with dangerous offenders, young offenders, drugs-testing in prisons, wilful neglect or ill-treatment by care workers, reforms to criminal proceedings (including the use of cautions), the possession of extreme pornographic images, civil proceedings involving judicial review (B. Jaffey & T. Hickman), personal injury cases and challenges to planning decisions. The adequacy of this miscellaneous approach to law reform will doubtless come under the fuller scrutiny that it deserves elsewhere. This blog takes as its focus provisions in Part 3 of the Bill which seeks to put on a statutory footing offences connected with private research by jurors. I suggest that resort to the criminal law constitutes a clumsy, impractical and unnecessarily punitive attempt to regulate the extra-curial activities of the modern, online juror. It is incumbent on our lawmakers to explore more imaginative responses to the undoubted problem of jurors’ access to untested, internet materials – responses that might be more obviously premised upon an appreciation of jurors’ dutiful efforts to arrive at just verdicts.’
UK Constitutional Law Association, 2nd October 2014
Source: www.ukconstitutionallaw.org/blog
Pro bono costs orders post-LASPO – Legal Voice
‘As the legal profession continues to adjust to the austerity-driven reality of life after LASPO, there has been considerable discussion of how to ensure effective access to justice for the people who fall through the ever-widening holes in the safety net of legal aid.’
Legal Voice, 1st October 2014
Source: www.legalvoice.org.uk
Proprietary remedies, fiduciary bribes, and dishonest assistants: FHR and Novoship – Employment Law Blog
‘Directors and senior employees will often have wide-ranging managerial power over their companies: the ability to commit or disburse company assets, with significant autonomy and limited detailed oversight. Those in such positions will not always act responsibly, and will be attractive targets to others seeking a share of the potential spoils. In two important judgments from July, the Court of Appeal and Supreme Court significantly increased the remedies available against both bribed fiduciaries and those who bribe them.’
Employment Law Blog, 2nd Ocotber 2014
Source: www.employment11kbw.com
Fraud, bribery and money laundering offences guideline comes into effect – Sentencing Council
‘Following a period of training and implementation the definitive guideline on fraud, bribery and money laundering offences came into effect on 1 October 2014.’
Versions for the Crown Court and magistrates’ courts
Sentencing Council, 1st October 2014
Tailored local support for victims of crime – Ministry of Justice
‘Tailored local support for victims of crime in place from 1 October 2014.’
Ministry of Justice, 1st October 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
New whiplash and PPI claim rules – Ministry of Justice
‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’
Minsitry of Justice, 1st October 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Academy loses High Court passing off action brought against private college – Local Government Lawyer
‘An academy school has lost an action for passing-off taken against a nearby private college.’
Local Government Lawyer, 2nd October 2014
Source: www.localgovernment lawyer.co.uk
Jackson urges action to extend fixed costs regime – Litigation Futures
‘Lord Justice Jackson has urged the government to press ahead with introducing fixed costs in non-personal injury fast-track cases, and for work to begin on fixed costs for matters at the lower end of the multi-track.’
Litigation Futures, 2nd October 2014
Source: www.litigationfutures.com
Master Gordon-Saker condemns lack of costs training for judges – Litigation Futures
‘Master Gordon-Saker, who replaced Peter Hurst as Senior Costs Judge yesterday, has used his first public speech in the role to launch a strongly-worded attack on the lack of training for judges in costs budgeting.’
Litigation Futures, 2nd October 2014
Source: www.litigationfutures.com
DPP publishes final standards for all prosecutors – Crown Prosecution Service
‘Alison Saunders, the Director of Public Prosecutions, has today published the final version of new standards for all CPS prosecutors. This follows a consultation with the public, which demonstrated that draft interim standards published in April 2014 were largely in the right place.’
Crown Prosecution Service, 1st October 2014
Source: www.cps.gov.uk
Dhunna v CreditSights Ltd – WLR Daily
Dhunna v CreditSights Ltd: [2014] EWCA Civ 1238; [2014] WLR (D) 404
‘An employee who was working or based abroad at the time of his dismissal did not fall within the territorial jurisdiction of section 94(1) of the Employment Rights Act 1996, which provided for the right not to be unfairly dismissed, or section 10 of the Employment Relations Act 1999, which provided for the right to be accompanied at a disciplinary hearing, subject to the exception that he might fall within that jurisdiction if he had much stronger connections both with Great Britain and with British employment law than with any other system of law. In determining that question a comparison of the merits of the local employment law of the employee’s workplace at the time of his dismissal with that of the employment law applicable in Great Britain was not relevant or required.’
WLR Daily, 19th September 2014
Source: www.iclr.co.uk
Regina (T) v Secretary of State for the Home Department – WLR Daily
‘There was no general discretion under section E-DVILR 1.2(b) of Appendix FM of the Statement of Changes in Immigration Rules (HC 395) to provide public funds and for indefinite leave to remain to foreign nationals living in the United Kingdom who became victims of domestic violence.’
WLR Daily, 22nd July 2014
Source: www.iclr.co.uk
Marley v Rawlings (No 2) – WLR Daily
Marley v Rawlings (No 2); [2014] UKSC 51; [2014] WLR (D) 402
‘Where a mistake made by a solicitor in the execution of a will required its validity to be determined in litigation, funded in the High Court and the Court of Appeal on a traditional basis and in the Supreme Court under contingency fee agreements, the proper order for costs in the High Court and the Court of Appeal was that the solicitor’s insurers should pay the costs of both the successful claimant and the unsuccessful defendants, thereby short-circuiting the approach that, on a reasonable, but unsuccessful, challenge to the validity of a will, the costs should be borne by the estate.’
WLR Daily, 18th September 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
High Court (Chancery Division)
Campbell v Redstone Mortgages Ltd [2014] EWHC 3081 (Ch) (29 September 2014)
Source: www.bailii.org
