Government stands firm on ending LASPO exemption for insolvency proceedings – Litigation Futures

Posted September 16th, 2014 in insolvency, news, time limits by sally

‘The government has indicated that it will not rethink the end of the LASPO exemption currently applied to insolvency proceedings, which is due to expire next year.’

Full story

Litigation Futures, 15th September 2014

Source: www.litigationfutures.com

Jackson slaps down bid to introduce one-way costs-shifting in certain appeals – Litigation Futures

Posted September 16th, 2014 in appeals, civil procedure rules, costs, news by sally

‘The Jackson reforms were not intended to give appeal courts the ad hoc power to introduce one-way costs shifting, their architect has ruled. Lord Justice Jackson said he wanted to clarify the purpose of rule 52.9A – introduced on 1 April 2013 – so as to prevent further applications along the same lines.’

Full story

Litigation Futures, 16th September 2014

Source: www.litigationfutures.com

Recent Statutory Instruments – legislation.gov.uk

Posted September 16th, 2014 in legislation by sally

The Finance Act 2014, Schedule 37, Paragraph 22 (Commencement) Order 2014

The Financial Services (Banking Reform) Act 2013 (Commencement No. 6) Order 2014

The African Development Fund (Multilateral Debt Relief Initiative) (Amendment) Order 2014

The African Development Bank (Thirteenth Replenishment of the African Development Fund) Order 2014

The Ukraine (European Union Financial Sanctions) (No.3) (Amendment) Regulations 2014

The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

The Electoral Registration and Administration Act 2013 (Commencement No. 1) (Northern Ireland) Order 2014

The Legislative Reform (Clinical Commissioning Groups) Order 2014

The Merchant Shipping (Maritime Labour Convention) (Health and Safety) (Amendment) Regulations 2014

The Political Parties, Elections and Referendums (Civil Sanctions) (Amendment) (No.2) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 16th, 2014 in law reports by sally

Family Court Decisions (High Court Judges)

X (Adopted Child: Access To Court File) [2014] EWFC 33 (09 September 2014)

Family Court Decisions (other Judges)

T (A Child : fact finding) [2014] EWFC B115 (12 September 2014)

Source: www.bailii.org

European court to investigate laws allowing GCHQ to snoop on journalists – The Guardian

‘The European court of human rights (ECHR) is to investigate British laws that allow GCHQ and police to secretly snoop on journalists. The Bureau of Investigative Journalism has gone straight to Strasbourg in a bid to get a finding that domestic law is incompatible with provisions in European law which give journalists the right to keep sources confidential from police and others.’

Full story

The Guardian, 15th September 2014

Source: www.guardian.co.uk

Zack Hider inquest: Surgery ‘overdose’ caused baby’s death – BBC News

Posted September 16th, 2014 in inquests, medical treatment, medicines, news by sally

‘A 19-day-old boy died after being given four times the solution needed to stop his heart during surgery, a coroner has ruled.’

Full story

BBC News, 15th September 2014

Source: www.bbc.co.uk

Chris Grayling plans network of mental health centres in prisons – The Guardian

Posted September 16th, 2014 in mental health, news, prisons, rehabilitation by sally

‘Chris Grayling has ordered justice ministry officials to start work on developing a network of specialist mental health centres within prisons in England and Wales.’

Full story

The Guardian, 16th September 2014

Source: www.www.guardian.co.uk

SAS selection deaths: inquest delayed until 2015 – BBC News

Posted September 16th, 2014 in appeals, armed forces, Crown Prosecution Service, delay, homicide, inquests, negligence, news by sally

‘An inquest into the deaths of three soldiers who collapsed on an SAS training exercise in the Brecon Beacons has been delayed until 2015.’

Full story

BBC News, 16th September 2014

Source: www.bbc.co.uk

Christina Edkins inquiry finds missed opportunities to prevent killing – The Guardian

Posted September 15th, 2014 in homelessness, homicide, inquiries, mental health, news, social services by sally

‘A string of agencies and professionals missed opportunities to prevent the death of schoolgirl Christina Edkins, who was fatally stabbed on a bus by a homeless man with serious mental health issues, an investigation has concluded.’

Full story

The Guardian, 15th September 2014

Source: www.guardian.co.uk

Retaliatory Eviction and Law Reform – NearlyLegal

Posted September 15th, 2014 in bills, complaints, health & safety, housing, landlord & tenant, news, repossession by sally

‘The government (through its Minister for Communities and Local Government, Stephen Williams) today announced its backing to Sarah Teather’s private members bill, whose aim is to prevent landlords from evicting tenants who have complained about disrepair in their home or where health and safety hazards are found to exist at the premises, using the accelerated possession procedure. Statistics provided by Shelter show that 200,000 tenants faced possession proceedings in the last 12 months in response to complaints about the condition of their home.’

Full story

NearlyLegal, 11th September 2014

Source: www.nearlylegal.co.uk/blog/

ICO needs to rethink how to tackle mobile apps privacy failings, says expert – OUT-LAW.com

‘The UK’s data protection authority needs to rethink its strategy for combatting failings in mobile apps privacy, an expert has said.’

Full story

OUT-LAW.com, 12th September 2014

Source: www.out-law.com

Victims’ Rights, the EU Charter, and Passport Confiscation – the Human Rights Roundup – UK Human Rights Blog

‘In recent news, the government outlines proposals for increased rights for the victims of crime, as well as for the revocation and confiscation of passports for ISIS fighters returning to the UK. In other news, the legality of the EU Charter comes back to haunt Chris Grayling once again.’

Full story

UK Human Rights Blog, 15th September 2014

Source: www.ukhumanrightsblog.com

Practice Note: Chancery Chambers Changes 1st October 2014 – Judiciary of England and Wales

‘From 1 October 2014 the Chancery Division in London will commence using the new CE-File electronic court file and some data stored on the old IT system will be transferred to CE-File.’

Full practice note

Judiciary of England and Wales, 11th September 2014

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 15th, 2014 in legislation by sally

The Gambling (Licensing and Advertising) Act 2014 (Commencement No.1) Order 2014

The Income Tax (Earnings and Pensions) Act 2003 (Section 684(3A)) Order 2014

The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014

The Social Security (Contributions) (Amendment No. 4) Regulations 2014

The Income Tax (Pay As You Earn) (Amendment No. 3) Regulations 2014

The Thames Water Utilities Limited (Thames Tideway Tunnel) Order 2014

The Licensing Act 2003 (Mandatory Licensing Conditions) (Amendment) Order 2014

The Electoral Registration and Administration Act 2013 (Commencement No. 1) (Northern Ireland) Order 2014

Source: www.legislation.gov.uk

In re X (Adopted Child: Access to Court File) – WLR Daily

Posted September 15th, 2014 in adoption, birth certificates, disclosure, family courts, grandparents, law reports by sally

In re X (Adopted Child: Access to Court File)[2014] EWFC 33; [2014] WLR (D) 390

‘Since FPR 2010 r 14.24 was not subject to the qualification that it applied only “in exceptional circumstances” there was nothing which required the same approach to apply in the case of an application under rule 14.24 (or its predecessors) as applied in the case of an application under section 79(4) of the Adoption and Children Act 2002 although, given the context, an application under rule 14.24 should always be approached with an appropriate degree of caution.’

WLR Daily, 9th September 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted September 15th, 2014 in law reports by sally

High Court (Administrative Court)

Begum v Secretary of State for the Home Department [2014] EWHC 2968 (Admin) (12 September 2014)

Boots Management Services Ltd, R (On the Application Of) v The Central Arbitration Committee [2014] EWHC 2930 (Admin) (12 September 2014)

High Court (Commercial Court)

Unaoil Ltd v Leighton Offshore Offshore Pte Ltd [2014] EWHC 2965 (Comm) (12 September 2014)

Eurokey Recycling Ltd v Giles Insurance Brokers Ltd [2014] EWHC 2989 (Comm) (12 September 2014)

Source: www.bailii.org

Former Times lawyer loses appeal against SDT – Law Society’s Gazette

‘A former legal director of Times Newspapers Ltd was guilty of “recklessly” rather than “knowingly” misleading the court in relation to litigation over revelations about the “NightJack” blogger, the High Court has ruled.’

Full story

Law Society’s Gazette, 12th September 2014

Source: www.lawgazette.co.uk

Sabrina Moss killers jailed for 37 years – BBC News

Posted September 15th, 2014 in conspiracy, grievous bodily harm, murder, news, sentencing, victims, weapons by sally

‘Three drug dealers have each been jailed for a minimum of 37 years for murdering nursery school teacher Sabrina Moss on her 24th birthday.’

Full story

BBC News, 12th September 2014

Source: www.bbc.co.uk

Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by sally

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

Full story

Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk

Five men sentenced for importing drugs hidden in furniture – The Guardian

Posted September 15th, 2014 in drug trafficking, news, sentencing by sally

‘Members of a criminal gang that operated across the UK and abroad have been jailed after the police seized £55m worth of drugs.’

Full story

The Guardian, 12th September 2014

Source: www.guardian.co.uk