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

Posted September 15th, 2014 in codes of practice, confidentiality, costs, disciplinary procedures, disclosure, injunctions, inquiries, internet, media, news, police, privilege, solicitors, tribunals by sally

‘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

A bold new vision for the treatment of victims – Ministry of Justice

Posted September 15th, 2014 in advocacy, barristers, compensation, criminal justice, cross-examination, evidence, ombudsmen, police, press releases, rape, sexual offences, solicitor advocates, victims by sally

‘Victims’ rights will be enshrined in law as part of a major set of reforms announced by Justice Secretary Chris Grayling today.’

Full press release

Ministry of Justice, 14th September 2014

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

Sexual abuse in prison needs urgent investigation, commission warns – The Guardian

Posted September 15th, 2014 in news, ombudsmen, prisons, rape, sexual offences, statistics by sally

‘Penal reformers say there is an urgent need to determine the nature and scale of sexual abuse in prisons in England and Wales in the wake of estimates that hundreds of inmates are being raped or sexually assaulted every year.’

Full story

The Guardian, 15th September 2014

Source: www.guardian.co.uk

Bookmakers sign up to voluntary watchdog – The Guardian

Posted September 15th, 2014 in advertising, consultations, gambling, licensing, news, ombudsmen by sally

‘Three of the four big high street bookmakers have signed up to a new voluntary watchdog in the hope of preempting a raft of tough statutory measures that threaten the prevalence of betting shops, high-speed roulette machines and aggressive punter-recruitment adverts promising “free money”.’

Full story

The Guardian, 15th September 2014

Source: www.guardian.co.uk

Royal hoax phone call inquest: Nurse ‘took own life’ – BBC News

Posted September 12th, 2014 in confidentiality, hospitals, inquests, media, news, nurses, pregnancy, royal family, suicide by sally

‘A nurse who put through a hoax phone call at a hospital where the Duchess of Cambridge was being treated took her own life, a coroner has concluded.’

Full story

BBC News, 12th September 2014

Source: www.bbc.co.uk

Babysitter Jay Miller jailed for toddler attack – BBC News

Posted September 12th, 2014 in children, expert witnesses, grievous bodily harm, news, sentencing by sally

‘A babysitter who broke a two-year-old toddler’s arm and carried out other assaults has been jailed for 30 months.’

Full story

BBC News, 12th September 2014

Source: www.bbc.co.uk

We need more independence, BSB director says – Legalfutures

Posted September 12th, 2014 in barristers, consumer protection, legal representation, legal services, news by sally

‘Dr Vanessa Davies, director of the Bar Standards Board (BSB), has made it clear that the regulator will push for more independence in the future.’

Full story

Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

LCJ uses Nightjack case to warn lawyers who mislead court of “exemplary punishments” – Legalfutures

Posted September 12th, 2014 in codes of practice, costs, courts, disciplinary procedures, news, professional conduct, solicitors by sally

‘Lawyers who mislead the court will end up with “exemplary and deterrent” punishments, the Lord Chief Justice has warned.’

Full story

Legalfutures, 12th September 2014

Source: www.legalfutures.co.uk

New stalking legislation helps to bring thousands more prosecutions as CPS and ACPO launch protocol to improve service to stalking victims – Crown Prosecution Service

Posted September 12th, 2014 in codes of practice, Crown Prosecution Service, harassment, police, press releases, prosecutions, stalking, statistics, victims by sally

‘As stalking-related prosecutions rise, prosecutors and police are being reminded to focus on the devastating impact these crimes have on victims. After the first full year of operation, new stalking legislation has seen 743 cases brought to court – cases which may not have been charged under previous law.’

Full press release

Crown Prosecution Service, 11th September 2014

Source: www.cps.gov.uk

Bar Standards Board launches consultation on entity authorisation fees – Bar Standards Board

Posted September 12th, 2014 in barristers, consultations, fees, legal services, press releases by sally

‘The Bar Standards Board (BSB) has today issued an open consultation paper outlining its ideas on how much it should charge for authorising entities. Entities are organisations that provide advocacy, litigation, and expert legal advice services and which, in this instance, are owned and managed by barristers and other lawyers.’

Full press release

Bar Standards Board, 11th September 2014

Source: www.barstandardsboard.org.uk

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Posted September 12th, 2014 in appeals, civil procedure rules, costs, damages, indemnities, law reports, personal injuries, ultra vires by sally

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 12th, 2014 in legislation by sally

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 12th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Banfield, R. v [2014] EWCA Crim 1824 (11 September 2014)

Virgin Media Ltd, R (On the Application Of) v Zinga [2014] EWCA Crim 1823 (11 September 2014)

High Court (Administrative Court)

Brett v The Solicitors Regulation Authority [2014] EWHC 2974 (Admin) (11 September 2014)

High Court (Queen’s Bench Division)

Brand & Anor v Szilvia (aka Sylvie) Berki [2014] EWHC 2979 (QB) (11 September 2014)

Interface Europe Ltd v Premier Hank Dyers Ltd [2014] EWHC 2610 (QB) (11 September 2014)

Source: www.bailii.org

Domestic Violence Update – the latest developments practitioners need to know about – Family Law Week

Posted September 12th, 2014 in civil justice, consultations, criminal justice, disclosure, domestic violence, EC law, forced marriages, interpretation, news, prosecutions, women by sally

‘Mandip Ghai, solicitor and legal officer, with Rights of Women, updates practitioners on developments in the prevention of domestic violence.’

Full story

Family Law Week, 11th September 2014

Source: www.familylawweek.co.uk

Glen Parva suicidal detainee ‘not kept safe’ – BBC News

Posted September 12th, 2014 in inquests, mental health, news, standards, suicide, young offenders by sally

‘A man with mental health problems killed himself at a young offenders institute after he was wrongly judged “low risk” and was inadequately monitored, an inquest jury has decided.’

Full story

BBC New, 11th September 2014

Source: www.bbc.co.uk