Juvenile Offenders: A Different Approach Needed? – Part I – No. 5 Chambers

Posted September 3rd, 2014 in bereavement, children, crime, crime prevention, criminal justice, custody, education, media, news, poverty, prisons, psychiatric damage, sentencing, young offenders, young persons by sally

‘In this series written for Criminal Law & Justice Weekly, Navpreet Virk and No5 member Richard Gibbs present the opposing arguments surrounding the manner in which the youth courts treat juveniles convicted of criminal offences and examine the countervailing arguments and policies. In the first of this four part series, Nav Virk sets out the general philosophical underpinnings of the current policy approach.’

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No. 5 Chambers, 21st August 2014

Source: www.no5.com

Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

Posted September 3rd, 2014 in agency, costs, hospitals, medical treatment, mental health, news, personal injuries, solicitors by sally

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

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Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

Bribes and secret commissions: Cedar in the Supreme Court – New Square Chambers

Posted September 3rd, 2014 in agency, bribery, equity, fiduciary duty, news, trusts by sally

‘What claim does a principal have where an agent or other fiduciary receives a bribe or secret commission in breach of the duty owed to him? Is the principal confined to a personal claim for equitable compensation from the fiduciary or canhe show that the bribe or commission was held on trust for him? After two centuries of debate in and out of the courts, the Supreme Court in FHR European Ventures LLP v Cedar Capital Partners [2014] UKSC 45 determined that the bribe or commission is held on trust such that the principal does enjoy a proprietary claim.’

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New Square Chambers, 14th August 2014

Source: www.newsquarechambers.co.uk

IRHPs Mis-selling Claims Update: Consequential Losses – No. 5 Chambers

Posted September 3rd, 2014 in banking, damages, insolvency, interest, news by sally

‘In May 2013 nine banks (“the Banks”) agreed to review their sales to unsophisticated customers in accordance with terms of references agreed with the FCA. At the end of June 2014 the FCA reported that all participating banks had completed their sales reviews in relation to customers who joined the Review before March 2014. By the end of June 2014 the Banks had sent out 16,000 redress letters, 13,500 of which included a cash redress offer and with the balance of 2,500 confirming that the sale had been compliant with the (then) FSA rules or that the customer had suffered no loss. By the end of June 2014 8,000 customers had accepted their redress offers, and the Banks had paid out £1.2 billion.’

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No. 5 Chambers, 19th August 2014

Source: www.no5.com

Jamie Shadrake: Wrexham soldier unlawful killing inquest verdict – BBC News

Posted September 3rd, 2014 in armed forces, inquests, news, unlawful killing by sally

‘A Wrexham soldier killed in Afghanistan was unlawfully killed in an “intense” attack by insurgents, an inquest found.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted September 3rd, 2014 in law reports by sally

Court of Appeal (Civil Division)

Kadir v Mistry & Ors [2014] EWCA Civ 1177 (26 March 2014)

Gaurilcikiene v Tesco Stores Ltd [2014] EWCA Civ 1213 (10 July 2014)

Gray v Botwright [2014] EWCA Civ 1201 (09 July 2014)

K (Children) [2014] EWCA Civ 1195 (02 September 2014)

Commissioners of Inland Revenue& Anor v The Test Claimants In the Franked Investment Income Group Litigation [2014] EWCA Civ 1214 (02 September 2014)

High Court (Patents Court)

Teva UK Ltd & Anor v Astrazeneca AB [2014] EWHC 2873 (Pat) (02 September 2014)

Source: www.bailii.org

Met discriminated against black female police officer, tribunal finds – The Guardian

Posted September 3rd, 2014 in employment, employment tribunals, harassment, media, news, race discrimination, racism, sex discrimination by sally

‘Scotland Yard subjected a black female officer to “vindictive … spiteful … insulting, malicious and oppressive” treatment and greeted her victory against the force in a discrimination case by trying to smear her name, a tribunal has found.’

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The Guardian, 2nd September 2014

Source: www.guardian.co.uk

Dog lead mother Jacqueline Angrave jailed after appeal – BBC News

Posted September 3rd, 2014 in appeals, child abuse, child cruelty, mental health, news, psychiatric damage, sentencing by sally

‘A mother who walked her daughter to school on a dog lead during a “campaign of cruelty” has been jailed at the second time of asking.’

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BBC News, 3rd September 2014

Source: www.bbc.co.uk

Man found guilty of sending menacing tweets to Labour MP Stella Creasy – The Guardian

Posted September 3rd, 2014 in internet, media, news, obscenity, sentencing, sexual offences, threatening behaviour, women by sally

‘A man faces jail after sending abusive Twitter messages to Labour MP Stella Creasy after she supported a successful campaign to put Jane Austen on the £10 note.’

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The Guardian, 2nd September 2014

Source: www.guardian.co.uk

Maternity leave: a fair deal for returning mothers? – Halsbury’s Law Exchange

Posted September 2nd, 2014 in employment, maternity leave, news, sex discrimination by sally

‘Six out of ten mothers think their careers were “derailed” and they faced open discrimination after becoming pregnant, new research by Slater & Gordon has revealed.’

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Halsbury’s Law Exchange, 2nd September 2014

Source: www.halsburyslawexchange.co.uk

Legal aid cut for family courts ‘damaging’ for children – BBC News

Posted September 2nd, 2014 in children, delay, family courts, legal aid, litigants in person, news by sally

‘Children are being damaged by the rising number of estranged couples representing themselves in family court battles, a former judge has claimed.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 2nd, 2014 in legislation by sally

The Welfare Reform Act 2012 (Commencement No. 19 and Transitional and Transitory Provisions and Commencement No. 9 and Transitional and Transitory Provisions (Amendment)) Order 2014

The Offshore Installations (Safety Zones) (No. 2) Order 2014

Source: www.legislation.gov.uk

Exeter stabbing stalker in sentence appeal – BBC News

Posted September 2nd, 2014 in appeals, attempted murder, attempts, harassment, murder, news, sentencing by sally

‘A stalker who subjected a neighbour to a five-year campaign of intimidation before stabbing her is trying to have his life sentence for attempted murder overturned.’

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BBC News, 2nd September 2014

Source: www.bbc.co.uk

Charles Bronson sentenced to further two years in jail for attacking a prison governor – The Independent

Posted September 2nd, 2014 in assault, news, prison officers, sentencing, violent offenders by sally

‘Charles Bronson, one of the most violent inmates in Britain, has been sentenced to two years for attacking a prison officer.’

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The Independent, 1st September 2014

Source: www.independent.co.uk

Alan Mason from Kendal jailed for passing on HIV virus – BBC News

Posted September 2nd, 2014 in AIDS, grievous bodily harm, HIV, news, sentencing by sally

‘A Cumbrian man who is HIV positive has been jailed for knowingly infecting his former partner with the virus.’

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BBC News, 1st September 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 1st, 2014 in legislation by sally

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) (No. 2) Order 2014

The Payments to the Churches Conservation Trust Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted September 1st, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Attorney-General’s Reference No 28 of 2014 [2014] EWCA Crim 1723 (30 July 2014)

Dewdney, R. v [2014] EWCA Crim 1722 (30 July 2014)

High Court (Queen’s Bench Division)

Durrant v Chief Constable of Avon And Somerset Constabulary [2014] EWCA 2922 (QB) (29 August 2014)

Bogdanic v The Secretary of State for the Home Department [2014] EWHC 2872 (QB) (29 August 2014)

Bailey & Anor v Barclays Bank Plc [2014] EWHC 2882 (QB) (27 August 2014)

Family Court Decisions (other Judges)

C-G (Children – Appeal) [2014] EWFC B108 (28 August 2014)

IMA (Care Proceedings: No Threshold) [2014] EWFC B110 (13 August 2014)

A (A Child) [2014] EWFC B106 (1 July 2014)

A (A Child) [2014] EWFC B107 (27th June 2014)

High Court (Technology and Construction Court)

Kellie & Anor v Wheatley & Lloyd Architects Ltd [2014] EWHC 2886 (TCC) (27 August 2014)

Source: www.bailii.org

Threat from Syria: will new anti-terrorism proposals keep us safe? – Halsbury’s Law Exchange

Posted September 1st, 2014 in bills, international law, news, terrorism by sally

‘When the Prevention of Terrorism Act 1974 was passed against a backdrop of an IRA bombing campaign in the mainland UK, it was limited in time for a year (although would be re-passed annually until made permanent), and was passed among a genuine concern that the powers it gave were too wide-reaching. Roy Jenkins, taking the Bill through the House of Commons as Home Secretary, said “The powers… are Draconian. In combination they are unprecedented in peacetime”. One wonders what he and other legislators from 40 years ago would make of our discussions today.’

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Halsbury’s Law Exchange, 1st September 2014

Source: www.halsburyslawexchange.co.uk

Lorry driver jailed over charity cyclists’ deaths – BBC News

Posted September 1st, 2014 in bicycles, dangerous driving, homicide, news, sentencing by sally

‘A lorry driver who killed two cyclists taking part in a charity ride from Land’s End to John O’Groats has been jailed for eight-and-a-half years.’

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BBC News, 1st September 2014

Source: www.bbc.co.uk

FOS respondents still at risk of further action despite Clark v In Focus ruling – Commercial Disputes Blog

Posted September 1st, 2014 in appeals, arbitration, compensation, complaints, financial services ombudsman, news by sally

‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’

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Commercial Disputes Blog, 28th August 2014

Source: www.rpc.co.uk