Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

Full story

Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

Domestic violence could become a specific offence, David Cameron says – Daily Telegraph

Posted July 28th, 2014 in criminal justice, domestic violence, news, police, prosecutions by sally

‘The Prime Minister says he will consider a new offence for those who attack their partners that will take into account a pattern of abuse.’

Full story

Daily Telegraph, 25th July 2014

Source: www.telegraph.co.uk

Dave Lee Travis to face retrial that includes new count of indecent assault – The Guardian

Posted July 28th, 2014 in news, retrials, sexual offences by sally

‘Former Radio 1 DJ Dave Lee Travis is to face a retrial for charges of sexual assault and indecent assault as well as a new count of indecent assault, a court heard today.’

Full story

The Guardian, 25th July 2014

Source: www.guardian.co.uk

Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

Alcohol abuse in pregnancy could become a crime, legal papers claim – The Guardian

‘An unprecedented court hearing to decide on the right of a child whose mother drank alcohol during pregnancy to receive compensation could pave the way to the criminalisation of pregnant women’s behaviour, according to legal papers lodged with the judge.

Full story

The Guardian, 26th July 2014

Source: www.guardian.co.uk

Inquiry launched into social care after Mikaeel Kular beaten to death by mother – Daily Telegraph

‘Three year old was beaten to death by his mother just weeks after social workers stopped monitoring his family’

Full story

Daily Telegraph, 25th July 2014

Source: www.telegraph.co.uk

Judge allegedly falls asleep during child rape trial – The Guardian

‘An investigation has been launched following claims a judge fell asleep in court, causing a child rape trial to be halted.’

Full story

The Guardian, 26th July 2014

Source: www.guardian.co.uk

More women judges will improve law’: Britain’s only female Supreme Court judge calls for more diversity – The Independent

Posted July 28th, 2014 in diversity, judiciary, legal profession, news, statistics, Supreme Court, women by sally

‘Britain’s only female Supreme Court judge says there needs to be more gender equality shown across Britain’s legal system and that by appointing more female judges the quality of justice could be greatly improved.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

DPP to examine treatment of witnesses after abuse victim’s death – The Guardian

‘The director of public prosecutions (DPP) said she recognised the “real issue” over whether victims and witnesses are treated fairly after the death of a sex abuse victim sparked calls for reform.’

Full story

The Guardian, 27th July 2014

Source: www.guardian.co.uk

Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by sally

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

Full story

UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

Children will be seen and heard in Family Courts – Ministry of Justice

Posted July 25th, 2014 in children, dispute resolution, family courts, press releases by sally

‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’

Full press release

Ministry of Justice, 25th July 2014

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

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by sally

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Review of the investigation of alleged Home Office failure to act on allegations of child abuse in the 1980s – Home Office

Posted July 25th, 2014 in child abuse, government departments, inquiries, reports by sally

‘A review, led by Peter Wanless, of the investigation into the handling of information received by the Home Office in relation to child abuse allegations.’

Terms of reference

Home Office, 24th July 2014

Source: www.gov.uk/home-office

Home Secretary speech at Girl Summit 2014 – Home Office

Posted July 25th, 2014 in child abuse, female genital mutilation, forced marriages, speeches by sally

‘Speech given by Home Secretary Theresa May on 22 July 2014 at the Girl Summit.’

Full speech

Home Office, 22nd July 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted July 25th, 2014 in legislation by sally

The Public Service (Civil Servants and Others) Pensions Regulations 2014

The Pensions Act 2014 (Commencement No. 1) Order 2014

The Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014

The Finance Act 2013, Schedules 17 and 18 (Tax Relief for Video Games Development) (Appointed Day) Order 2014

The Cultural Test (Video Games) Regulations 2014

The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations

The Immigration Act 2014 (Commencement No. 2) Order 2014

The Control of Explosives Precursors Regulations 2014

The English Coast (Isle of Wight) Order 2014

The Adoption and Children Act 2002 (Commencement No. 12) Order 2014

The Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations

The Pensions Act 2004 (Code of Practice) (Funding Defined Benefits) Appointed Day Order 2014

Source: www.legislation.gov.uk

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

McDonald and others v McDonald – WLR Daily

Posted July 25th, 2014 in housing, human rights, law reports, mortgages, proportionality, repossession by sally

McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

Ballinger and another v Mercer Ltd and another – WLR Daily

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 25th, 2014 in law reports by sally

Supreme Court

Coventry & Ors v Lawrence & Anor (No 2) [2014] UKSC 46 (23 July 2014)

Court of Appeal (Civil Division)

Airtours Holidays Transport Ltd v Revenue And Customs [2014] EWCA Civ 1033 (24 July 2014)

Crawford v Jenkins [2014] EWCA Civ 1035 (24 July 2014)

McDonald v McDonald & Anor [2014] EWCA Civ 1049 (24 July 2014)

Heritage Oil and Gas Ltd & Anor v Tullow Uganda Ltd [2014] EWCA Civ 1048 (23 July 2014)

Hart & Anor v Burbidge & Anor [2014] EWCA Civ 992 (22 July 2014)

Higson & Anor v Guenault & Anor [2014] EWCA Civ 1034 (22 July 2014)

Commissioner of Police of the Metropolis v Copeland [2014] EWCA Civ 1014 (22 July 2014)

R (A Child: Habitual Residence), Re [2014] EWCA Civ 1032 (22 July 2014)

Prophet Plc v Huggett [2014] EWCA Civ 1013 (22 July 2014)

B (Child Evidence), Re [2014] EWCA Civ 1015 (22 July 2014)

Court of Appeal (Criminal Division)

Criminal Practice Directions : Amendment No. 2 [2014] EWCA Crim 1570 (23 July 2014)

Criminal Practice Directions : Costs in Criminal Proceedings [2014] EWCA Crim 1570 (23 July 2014)

Stephen Hamilton v R [2014] EWCA Crim 1555 (22 July 2014)

High Court (Administrative Court)

Bhatnagar v General Medical Council [2014] EWHC 2562 (Admin) (24 July 2014)

Bentham, R (on the application of) v HMP Usk and Prescoed & Anor [2014] EWHC 2469 (Admin) (23 July 2014)

X (A Child) [2014] EWHC 2522 (Fam) (23 July 2014)

Dennison, R (On the Application Of) v Bradford Districts Clinical Commissioning Group [2014] EWHC 2552 (Admin) (23 July 2014)

Khan, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2494 (Admin) (23 July 2014)

Warners Retail (Moreton) Ltd v Cotswold District Council [2014] EWHC 2504 (Admin) (22 July 2014)

Sumpter, R (on the application of) v Secretary of State for Work and Pensions [2014] EWHC 2434 (Admin) (22 July 2014)

Corrie, R (on the application of) v Suffolk County Council & Ors [2014] EWHC 2490 (Admin) (22 July 2014)

T, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 2453 (Admin) (22 July 2014)

Shortt v Secretary of State for Communities and Local Government & Anor [2014] EWHC 2480 (Admin) (22 July 2014)

High Court (Chancery Division)

Hendy v Ministry of Justice [2014] EWHC 2535 (Ch) (23 July 2014)

High Court (Commercial Court)

Travis Coal Restructured Holdings Llc v Essar Global Fund Ltd [2014] EWHC 2510 (Comm) (24 July 2014)

High Court (Patents Court)

Aga Medical Corporation v Occlutech (UK) Limited [2014] EWHC 2506 (Pat) (22 July 2014)

High Court (Technology and Construction Court)

Bache & Ors v Zurich Insurance Plc [2014] EWHC 2430 (TCC) (18 July 2014) 

Source: www.bailii.org     

Lords agree ‘fundamental dishonesty’ clause – Law Society’s Gazette

Posted July 25th, 2014 in bills, compensation, fraud, fundamental dishonesty, news, personal injuries by sally

‘Peers have agreed to a clause in proposed legislation that gives courts the power to dismiss personal injury claims where the claimant has been “fundamentally dishonest”.’

Full story

Law Society’s Gazette. 24th July 2014

Source: www.lawgazette.co.uk