Current Awareness

‘A former journalist at the News of the World who admitted listening to more than 1,000 hacked voicemail messages has been spared jail because of what the judge said was his “unique” role in giving the prosecution evidence in the trial of Andy Coulson, Rebekah Brooks and others.’

Full story

The Guardian, 24th July 2014

Source: www.guardian.co.uk

UK terrorism laws so broad it has begun to ‘catch those it never intended to’ – The Independent

Posted July 24th, 2014 in legislation, media, news, reports, terrorism by sally

‘UK anti-terrorism laws are so broadly drawn they are in danger of catching journalists, bloggers, and those it was “never intended to cover” the counter-terrorism watchdog has said.’

Full story

The Independent, 22nd July 2014

Source: www.independent.co.uk

‘Arrogant’ barrister has contempt finding set aside – Law Society’s Gazette

Posted July 24th, 2014 in barristers, case management, contempt of court, disciplinary procedures, news, professional conduct, setting aside by sally

‘A barrister accused of ‘breathtaking arrogance’ has had a contempt finding against him set aside, but been referred to the bar’s regulator.’

Full story

Law Society’s Gazette, 23rd July 2014

Source: www.lawgazette.co.uk

Number of prisoners over 60 in England and Wales doubles in 10 years – The Guardian

Posted July 24th, 2014 in elderly, news, prisons, statistics by sally

‘The number of prisoners over the age of 60 in jail in England and Wales has nearly doubled over the past decade to 3,577, according to the latest Ministry of Justice figures.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

Thavisha Peiris murder: Man guilty of pizza man’s ‘frenzied’ killing – BBC News

Posted July 24th, 2014 in murder, news, offensive weapons, theft by sally

‘A man has been found guilty of murdering a pizza delivery worker who was making his last deliveries before moving to his “dream job”.’

Full story

BBC News, 23rd July 2014

Source: www.bbc.co.uk

Diplomat to chair Bar Standards Board – Legal Futures

Posted July 24th, 2014 in barristers, diplomats, news by sally

‘Sir Andrew Burns, a career diplomat, has been chosen to replace Baroness Ruth Deech as chair of the Bar Standards Board (BSB) from 1 January 2015.’

Full story

Legal Futures, 22nd July 2014

Source: www.legalfutures.co.uk

Foreign criminal cannot be deported because of his right not to be discriminated against on grounds of illegitimacy – UK Human Rights Blog

Posted July 24th, 2014 in appeals, citizenship, deportation, human rights, news by sally

‘The proposed deportation to Jamaica of a man convicted of drug smuggling and manslaughter would breach his rights under Article 8 and Article 14 because he had not obtained British citizenship on grounds of illegitimacy, the High Court has ruled.’

Full story

UK Human Rights Blog, 22nd July 2014

Source: www.ukhumanrightsblog.com

Supreme Court: recoverability “may have breached article 6″ and could spark compensation claims – Litigation Futures

Posted July 24th, 2014 in appeals, fees, human rights, insurance, news, Supreme Court by sally

‘The pre-Jackson regime of recoverable success fees and after-the-event (ATE) insurance may breach the European Convention on Human Rights, with “very serious consequences for the government”, the Supreme Court suggested yesterday.’

Full story

Litigation Futures, 24th July 2014

Source: www.litigationfutures.com

Man fined for swallowing goldfish on film – BBC News

Posted July 24th, 2014 in animal cruelty, cautions, fines, news, private prosecutions by sally

‘A 20-year-old man from Suffolk has been fined £200 after he was filmed swallowing two goldfish as part of a ‘Neknominate” online dare.’

Full story

BBC News, 23rd July 2014

Source: www.bbc.co.uk

Rhys Ifans and Michael Barrymore awarded damages in phone hacking case – The Independent

Posted July 23rd, 2014 in damages, interception, media, news, privacy by sally

‘Rhys Ifans and Michael Barrymore have both received undisclosed damages at the close of their phone hacking lawsuit.’

Full story

The Independent, 22nd July 2014

Source: www.independent.co.uk

Ian Watkins loses bid to reduce sentence for child sex offences – The Guardian

Posted July 23rd, 2014 in appeals, child abuse, news, sentencing, sexual offences by sally

‘Ian Watkins, the former lead singer of the Lostprophets, has lost a bid to reduce his 35-year sentence for a string of sex offences against children, including the attempted rape of a baby.’

Full story

The Guardian, 23rd July 2014

Source: www.guardian.co.uk

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) – WLR Daily

Posted July 23rd, 2014 in enfranchisement, landlord & tenant, law reports, leases, subsidiary companies by michael

Westbrook Dolphin Square Ltd v Friends Life Ltd (Westbrook Dolphin Square Residential 1 Ltd intervening) [2014] EWHC 2433 (Ch); [2014] WLR (D) 330

‘A “proposed purchase price” contained in a notice by qualifying tenants seeking to exercise a right of enfranchisement for the purposes of section 13(3)(d)(i) of the Leasehold Reform, Housing and Urban Development Act 1993 must be a genuine offer as opposed to a nominal figure.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina (M) v Crown Court at Kingston upon Thames – WLR Daily

Posted July 23rd, 2014 in Crown Court, hospital orders, judicial review, jurisdiction, law reports, mental health by michael

Regina (M) v Crown Court at Kingston upon Thames [2014] WLR (D) 328

‘The power under section 35 of the Mental Health Act 1983, to remand to hospital for a report on an accused’s mental condition, could not be used in order to obtain evidence about whether the accused had the intention or the capacity to form the intention to commit an offence under section 18 of the Offences Against the Person Act 1861.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Austin v Miller Argent (South Wales) Ltd – WLR Daily

Posted July 23rd, 2014 in damages, EC law, law reports, nuisance, protective costs orders by michael

Austin v Miller Argent (South Wales) Ltd [2014] EWCA Civ 1012; [2014] WLR (D) 331

‘Private nuisance actions were in principle capable of constituting procedures which fell within the scope of article 9.3 of the Aarhus Convention. There had to be a significant public interest in the action to justify conferring special costs protection on a claimant. The article 9.4 obligation which afforded procedural costs protection was no more than a factor to take into account when deciding whether to grant a protected costs order.’

WLR Daily, 21st July 2014

Source: www.iclr.co.uk

PJ (Sri Lanka) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in asylum, documents, forgery, law reports, legal profession, Sri Lanka by michael

PJ (Sri Lanka) v Secretary of State for the Home Department [2014] EWCA Civ 1011; [2014] WLR (D) 329

‘When local lawyers obtained relevant documents from a domestic court in relation to an asylum claim and thereafter transmitted them directly to lawyers in the United Kingdom, there was no basis in domestic or European Court of Human Rights jurisprudence for the general approach that there was a rebuttable presumption that documents so obtained were reliable, with the presumption capable of being displaced by evidence or submissions from the Home Secretary. Rather the jurisprudence did no more than indicate that the circumstances of particular cases might exceptionally necessitate an element of investigation by the national authorities in order to provide effective protection against mistreatment, although such a step would frequently not be feasible or it might be unjustified or disproportionate.’

WLR Daily, 18th July 2014

Source: www.iclr.co.uk

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department – WLR Daily

Posted July 23rd, 2014 in community care, deportation, detention, judicial review, law reports, mental health by michael

Regina (O by her litigation friend the Official Solicitor) v Secretary of State for the Home Department [2014] EWCA Civ 990 ; [2014] WLR (D) 327

‘When determining the lawfulness of the continued immigration detention of a person with mental illness the court’s role was to supervise the decisions made by the Home Secretary for their compliance with the law, applying the Wednesbury test of unreasonableness, and was not that of a primary decision-maker such that it had to make its own choice between medical experts.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

In re M-F (Children) (Appeal: Case Management: Necessary Delay) – WLR Daily

Posted July 23rd, 2014 in adjournment, care orders, case management, children, delay, law reports by michael

In re M-F (Children) (Appeal: Case Management: Necessary Delay) [2014] EWCA Civ 991; [2014] WLR (D) 326

‘Section 32(1)(a)(ii) of the Children Act 1989, as amended, required that care cases be concluded within 26 weeks. However, that time limit could be extended if it was necessary to enable the court to resolve the proceedings justly since the 26 weeks rule was not, and must never be allowed to become, a straightjacket, least of all if rigorous adherence to an inflexible timetable risked putting justice in jeopardy.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

Regina v Jones (Nicholas) – WLR Daily

Posted July 23rd, 2014 in bad character, conspiracy, evidence, fraud, law reports, witnesses by michael

Regina v Jones (Nicholas) [2014] WLR (D) 319

‘A finding by a tribunal that an expert’s evidence was not as objective and independent as it might have been was not evidence of bad character with sections 98 and 112 of the Criminal Justice Act 2003.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

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