‘The Service Confidence Procedure (“SCP”), which was the statutory misconduct regime for police officers, was amenable to judicial review, but in circumstances where reasons for it were subject to a decision that they could not be disclosed due to public interest immunity, then the threshold for judicial interference was very high.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Regina (Hamill) v Chelmsford Magistrates’ Court [2014] EWHC 2799 (Admin); [2014] WLR (D) 377
‘The statutory power to make a determination pursuant to section 91C of the Sexual Offences Act 2003, on an application under section 91B of that Act, could be delegated by the “chief officer of police” to a subordinate police officer of the rank of superintendent or higher.’
WLR Daily, 8th August 2014
Source: www.iclr.co.uk
‘There was before the court a substantive hearing in respect of financial claims arising from divorce proceedings between a husband and wife (Cooper-Hohn v Hohn). The issue of reporting of the proceedings arose and the necessary application was made on behalf of the media.’
Halsbury’s Law Exchange, 12th August 2014
Source: www.halsburyslawexchange.co.uk
‘Dominic Grieve warns that a veto on European Court of Human Rights rulings would be a ‘disaster’ and would would place Britain in ‘great difficulty in terms of our international standing on human rights’.’
Daily Telegraph, 13th August 2014
Source: www.telegraph.co.uk
‘The DCLG has released the “Social landlords reduction of service charges: mandatory and discretionary directions 2014“, in force as of today, 12 August 2014.’
NearlyLegal, 12th August 2014
Source: www.nearlylegal.co.uk
‘The president of the Supreme Court indicates he “skims” case files before an appeal, unlike other judges who “read everything”.’
Full story
Daily Telegraph, 12th August 2014
Source: www.telegraph.co.uk
‘Failings in the prison service are leaving “vulnerable and isolated” young people at risk from suicide and self-harm, the Prison Ombudsman has concluded.’
The Independent, 12th August 2014
Source: www.independent.co.uk
‘The employee had been allegedly trafficked from Nigeria to the UK by the employer to work illegally as an au pair (Hounga v Allen and another). The Court of Appeal, Civil Division, set aside an award of compensation granted in the employee’s favour for unlawful discrimination in relation to her dismissal by the employer, having held that the illegality of the contract of employment had formed a material part of the employee’s complaint and that to uphold it would be to condone the illegality. The employee appealed. The Supreme Court, allowing the appeal, held that it would be a breach of the UK’s international obligations under the Council of Europe Convention on Action against Trafficking in Human Beings for its law to cause the employee’s complaint to be defeated by the defence of illegality. The case was remitted to the tribunal in respect of a complaint in relation to pre-dismissal harassment.’
Halsbury’s Law Exchange, 13th August 2014
Source: www.halsburyslawexhange.co.uk
‘A man who plotted to have his pregnant lover beaten up in order to get rid of their unborn child has been jailed.’
BBC News, 12th August 2014
Source: www.bbc.co.uk
‘A High Court judge has ruled that making a defendant who rejected a part 36 offer pay an additional 10% of the sum awarded for costs would introduce a “penal element” and be unjust.’
Litigation Futures, 13th August 2014
Source: www.litigationfutures.com
‘Hayley Southwell, 27, given a suspended sentence after her victim refuses to co-operate with police.’
Daily Telegraph, 12th August 2014
Source: www.telegraph.co.uk
‘A 15-year-old boy has been sentenced to four years for raping a 10-year-old girl in Shrewsbury town centre.’
BBC News, 12th August 2014
Source: www.bbc.co.uk
‘Britain’s blanket ban denying all prisoners the vote is a breach of human rights, European judges have ruled – but those jailed will not receive any costs or compensation.’
The Independent, 12th August 2014
Source: www.independent.co.uk
‘An extremist convicted of trying to flee the country after he was caught with terrorist material on his computer has been jailed for a total of two years and seven months.’
The Guardian, 12th August 2014
Source: www.guardian.co.uk
‘A reinsurance contract containing an express warranty clause, which provided that the carrying vessel should not sail out of port when there was a typhoon warning at that port or where the vessel’s destination or intended route might be within the possible path of the typhoon, was breached when a vessel did sail into a typhoon and the cargo was lost, and the reinsurers were not liable for the loss of cargo claimed under the contract.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
‘Guidance given on the approach to a “streamlined” process to deal with all deprivation of liberty (“DoL”) cases in a timely but just and fair way which was compliant with article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Erlam and others v Rahman and another [2014] EWHC 2766 (Admin); [2014] WLR (D) 374
‘Non-compliance with the requirement in rule 4(1) of the Election Petition Rules 1960 for “setting out with sufficient particularity the facts relied on” did not render the petition a nullity, or compel its dismissal; the court had power under the CPR or its inherent jurisdiction to order the provision of further particulars to remedy the default.’
WLR Daily, 7th August 2014
Source: www.iclr.co.uk
Q v Q; In re B (A Child); In re C (A Child) [2014] EWFC 31; [2014] WLR (D) 372
‘Since public funding was not in general available for private law children cases, in some circumstances the court could properly direct that the cost of certain activities should be borne by Her Majesty’s Courts & Tribunals Service (“HMCTS” ), although it was to be emphasised that, the provision of interpreters and translators apart, that was an order of last resort. No such order should be made except by, or having first consulted, a High Court judge or a designated family judge.’
WLR Daily, 6th August 2014
Source: www.iclr.co.uk
‘Jennifer Perrins, barrister of 1 King’s Bench Walk, and Amy Rowe, associate solicitor with Bindmans LLP, consider whether the test of ordinary residence is distinctive from that of habitual residence.’
Family Law Week, 12th August 2014
Source: www.familylawweek.co.uk
‘Jessica Craigs, senior solicitor with Mills & Reeve LLP analyses the financial remedies and divorce news and cases published in July.’
Family Law Week, 11th August 2014
Source: www.familylawweek.co.uk
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