BAILII: Recent Decisions
Family courts unfair for litigants in person, MPs told – Law Society’s Gazette
‘Litigants in person are not getting fair hearings, the Common’s Justice Committee heard this morning.’
Law Society’s Gazette, 2nd September 2014
Source: www.lawgazette.co.uk
Surrogacy Law Update (September 2014) – Family Law Week
‘In this inaugural surrogacy update, Andrew Powell, barrister, of 4 Paper Buildings reviews recent judgments in the High Court.’
Family Law Week, 4th September 2014
Source: www.familylawweek.co.uk
Surveillance watchdog warns police over false identities on social media – The Guardian
‘Police officers and others public authorities who use false identities to disguise their online presence when they use social media to investigate a suspect’s personal lifestyle or associates without authorisation have been warned by the chief surveillance watchdog.’
The Guardian, 4th September 2014
Source: www.guardian.co.uk
When innocent men go to jail: miscarriages of justice in Britain – Daily Telegraph
‘“People think that miscarriages of justice are rare and exceptional,” says Dr Michael Naughton, founder of the UK Innocence Project. “But every single day, people are overturning convictions for criminal offences. Miscarriages of justice are routine, even mundane features of the criminal justice system. They are systemic.” ‘
Daily Telegraph, 4th September 2014
Source: www.telegraph.co.uk
Horsemeat scandal: food safety expert warns issues have not been addressed – The Guardian
‘Chris Elliott led an inquiry into last year’s saga and says problems remain with proper control of UK food supply chain.’
The Guardian, 4th September 2014
Source: www.guardian.co.uk
Terror suspect Haroon Aswat’s extradition approved – BBC News
‘A terror suspect accused of conspiring with radical cleric Abu Hamza al-Masri can be extradited to the US, the High Court has ruled.’
BBC News, 4th September 2014
Source: www.bbc.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Closure of Prisons (No. 2) Order 2014
The Forest Law Enforcement, Governance and Trade (Amendment) (Fees) Regulations 2014
The Tuberculosis (Deer and Camelid) Slaughter and Compensation (England) Order 2014
The Motor Cars (Driving Instruction) (Amendment) Regulations 2014
The Intellectual Property Act 2014 (Amendment) Regulations 2014
The Tuberculosis (Deer and Camelid) (England) Order 2014
The Childcare Providers (Information, Advice and Training) Regulations 2014
The Intellectual Property Act 2014 (Commencement No. 3 and Transitional Provisions) Order 2014
Source: www.legislation.gov.uk
Should you ever sue your boss for discrimination? – Daily Telegraph
‘Former police officer Carol Howard has won £37,000 from the Met, after two years fighting her case against racial and gender discrimination. A victory, yes, but hard won. So is it ever worth suing your boss? Radhika Sanghani asks the legal experts.’
Daily Telegraph, 4th September 2014
Source: www.telegraph.co.uk
Landlord Immigration Checks from 1 December – NearlyLegal
‘The Home Office has (finally) announced the ‘pilot’ areas for the landlord immigration check requirement under Immigration Act 2014.’
NearlyLegal, 3rd September 2014
Source: www.nearlylegal.co.uk
NHS heart expert and three colleagues jailed for £1m fraud – Daily Telegraph
‘John Mulholland who has an international reputation and is published widely in academic journals, billed the NHS £1.1 million for work that was never done.’
Daily Telegraph, 3rd September 2014
Source: www.telegraph.co.uk
Rotherham child abuse scandal: Child safety officers will not face disciplinary action – The Independent
‘No-one responsible for children’s safeguarding in Rotherham during the 16-year period when more than 1,400 young people were abused will face disciplinary action despite the mounting public anger over the scandal, the chief executive of the council has confirmed.’
The Independent, 3rd September 2014
Source: www.independent.co.uk
Proving and Disproving Discrimination – Cloisters
‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
How judges apply the burden of proof s136(2)(3) EA 2010.
What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC.
What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’
Cloisters, 29th August 2014
Source: www.cloisters.com
EVENT: The Eighth Annual Hart Judicial Review Conference
‘Hart Publishing and the Editors of Judicial Review are pleased to invite you to the eighth annual Hart Judicial Review Conference. The conference promises to be of extremely high quality, with an excellent chair and panel of speakers dedicated to analysing developments in Judicial Review in 2014.’
Date: 12th December 2014
Location: The Cavendish Conference Centre, 22 Duchess Mews, London, W1G 9DT
Charge: See website for details
More information can be found here.
Juvenile Offenders: A Different Approach Needed? – Part II – No. 5 Chambers
‘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.’
No. 5 Chambers, 27th August 2014
Source: www.no5.com
Juvenile Offenders: A Different Approach Needed? – Part I – No. 5 Chambers
‘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.’
No. 5 Chambers, 21st August 2014
Source: www.no5.com
Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog
‘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.’
Zenith PI Blog, 29th August 2014
Source: www.zenithpi.wordpress.com
Bribes and secret commissions: Cedar in the Supreme Court – New Square Chambers
‘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.’
New Square Chambers, 14th August 2014
Source: www.newsquarechambers.co.uk
IRHPs Mis-selling Claims Update: Consequential Losses – No. 5 Chambers
‘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.’
No. 5 Chambers, 19th August 2014
Source: www.no5.com
