Guidance for the instruction of experts in civil claims 2014 – Civil Justice Council
‘Civil Justice Council issues new guidance on instructing experts in civil claims.’
Civil Justice Council, 13th August 2014
Source: www.judiciary.gov.uk
City firms face massive disclosure challenge after privilege ruling – Litigation Futures
‘Three City firms – Clyde & Co, Stephenson Harwood and Addleshaw Goddard – face a combined disclosure exercise which could last for months and cost £2.5m after a High Court ruling on legal professional privilege.’
Litigation Futures, 18th August 2014
Source: www.litigationfutures.com
Judicial Speeches, Gaza Boycotts and Social Media Crimes – the Human Rights Roundup – UK Human Rights Blog
‘This week, former leaders of the Khmer Rouge face life imprisonment for crimes against humanity committed in Cambodia. In other news, the on-going conflict in Gaza sparks controversy at home, while the Lords inquiry into social media offences reaches an unexpected conclusion.’
UK Human Rights Blog, 18th August 2014
Source: www.ukhumanrightsblog.com
Graham Gee: Do Lord Chancellors defend judicial independence? – UK Constitutional Law Association
‘As part of its inquiry into the office of Lord Chancellor, the Constitution Committee asks whether “new” (i.e. post-2003) Lord Chancellors have actually defended judicial independence in line with their customary and now statutory duty to do so. I was asked for examples earlier this summer when appearing before the Committee (with Andrew Le Sueur and Patrick O’Brien). I tried to identify some, but rather garbled my answer. Earlier in the year I also sketched some thoughts about Lord Chancellors in Public Law, but struggled to find clear-cut examples. One reason is that collective cabinet responsibility and the confidentiality of exchanges between Lord Chancellors and judges mean that outsiders will seldom have a full picture of what has occurred behind closed doors. This is unfortunate since my impression is that many lawyers assume—mistakenly, I think—that new Lord Chancellors are neither willing nor able to defend judicial independence. This post is hopefully third time lucky in correcting this assumption. By drawing on press reports, public statements and interviews that Robert Hazell, Kate Malleson, Patrick O’Brien and I conducted between 2011-2013, I want to piece together evidence that suggests that new Lord Chancellors can and do defend judicial independence.’
UK Constitutional Law Association, 18th August 2014
Source: www.ukconstitutionallaw.org/blog
Information Tribunal Consultation – Panopticon
‘The Senior President of Tribunals, Sullivan LJ, has launched a consultation paper on altering the composition of the First-tier Tribunal (General Regulatory Chamber) in some Information Rights cases. With the support of GRC Chamber President, Judge Warren, it is proposed to remove the requirement that a judge sit with two non-legal members and allow the Chamber President flexibility to direct that certain cases be heard by a judge alone.’
Panopticon, 18th August 2014
Source: www.panopticonblog.com
Baby removed from mother at birth: a look at reporting restrictions orders – Halsbury’s Law Exchange
‘M, who was 24-years-old, was in the late stages of her first pregnancy (X County Council v M). She suffered from persecuting delusions including a belief that mental health services were “murderers” and would murder her and her unborn child. The local authority applied to the court for permission not to disclose to M the care plan for the removal of her baby at birth. They also applied for a reporting restrictions order. The Family Division held that despite the fact that both orders sought were draconian, the orders would be granted in the circumstances of the case.’
Halsbury’s Law Exchange, 14th August 2014
Source: www.halsburyslawexchange.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
P (A Child) [2014] EWCA Civ 1174 (15 August 2014)
G (A Child) [2014] EWCA Civ 1173 (15 August 2014)
Source: www.bailii.org
British arms sales to Israel face high court challenge – The Guardian
‘The government faces being dragged into the high court over the sale of military hardware to Israel in an unprecedented legal move that puts the UK’s controversial export policy on a potential collision course with the EU.’
The Guardian, 16th August 2014
Source: www.guardian.co.uk
Ex-Greater Manchester Police officer jailed for rape of a child – BBC News
‘A retired police officer has been jailed for raping and sexually abusing a child.’
BBC News, 15th August 2014
Source: www.bbc.co.uk
Leanne Meecham murder: Stepfather Simon Meecham jailed – BBC News
‘A “jealous” man convicted of the murder of his stepdaughter, who was also his former lover, has been jailed for life with a minimum term of 22 years.’
BBC News, 15th August 2014
Source: www.bbc.co.uk
Care workers take Hampshire home employers to tribunal over pay and working hours – The Guardian
‘Eleven female carers to the elderly are taking their employers to a tribunal claiming they were only paid by the minutes they spent with clients rather than their rostered working hours. The staff, who were on zero-hours contracts, allege that, due to the arrangements, they were paid less than the minimum wage of £6.31 an hour. It is understood that some of the employees at Apex Care in Romsey, Hampshire, where the firm was commissioned to provide the home care service by the council, believe their real hourly wage was close to £3.50.’
The Guardian, 17th August 2014
Source: www.guardian.co.uk
£230m wasted on needlessly holding people on remand, says Howard League – The Guardian
‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’
The Guardian, 18th August 2014
Source: www.guardian.co.uk
Senior managers ‘personally liable’ for anti-money laundering check failings at money service businesses, says HMRC – OUT-LAW.com
‘Senior managers at ‘money service businesses’ face up to two years imprisonment and an unlimited fine if their neglect leads to money laundering or terrorist financing activities, HM Revenue & Customs (HMRC) has warned.’
OUT-LAW.com, 14th August 2014
Source: www.out-law.com
Legal privilege, Articles 6 and 8, and iniquity – UK Human Rights Blog
‘JSC BTA Bank v. Ablyazov et al 8 August 2014, Popplewell J. What you say to your lawyers is truly confidential; no-one, not even a regulator or prosecutor can see it. This is protected by the right to privacy under Article 8, and the right to a fair trial under Article 6 (which includes the right to access to lawyers). Well, that is the general rule. And this case reminds us that there is an exception to this – when the relationship between client and lawyer is affected by “iniquity”.’
UK Human Rights Blog, 12th August 2014
Source: www.ukhumanrightsblog.com
Report of the Financial Remedies Working Group, 31 July 2014 – Judiciary of England & Wales
‘The Financial Remedies Working Group was established by the President of the Family Division in June 2014. Chaired by Nicholas Mostyn J and Stephen Cobb J, its task being described in the “View from the President’s Chambers (number 12)” as being two-fold: “to explore ways of improving the accessibility of the system for litigants in person and to identify ways of further improving good practice in financial remedy cases…. confined to matters of practice and procedure”.’
Judiciary of England and Wales, 14th August 2014
Source: www.judiciary.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Prison and Young Offender Institution (Amendment) Rules 2014
The Independent Inspectorates (Education and Boarding Accommodation) Regulations 2014
The Control of Noise (Code of Practice on Noise from Audible Intruder Alarms) (Revocation) (England) Order
Source: www.legislation.gov.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Roope v District Court for Prague 1, Czech Republic [2014] EWHC 2801 (Admin) (13 August 2014)
High Court (Family Division)
MD v AA & Anor [2014] EWHC 2756 (Fam) (31 July 2014)
High Court (Queen’s Bench Division)
Cooke & Anor v MGN Ltd & Anor [2014] EWHC 2831 (QB) (13 August 2014)
High Court (Technology and Construction Court)
Harrison & Ors v Shepherd Homes Ltd & Ors [2014] EWHC 2786 (TCC) (06 August 2014)
Source: www.bailii.org
Family system ‘woefully behind’ in treatment of vulnerable – Law Society’s Gazette
‘Family judges are to receive guidance on dealing more appropriately with children and other vulnerable witnesses.
The interim report of a working group set up by Sir James Munby, head of the Family Division, says the family system ‘lags woefully behind’ the criminal justice system in this regard.’
Law Society’s Gazette, 13th August 2014
Source: www.lawgazette.co.uk
Andy Coulson eligible for move from Belmarsh prison – The Guardian
‘Andy Coulson, David Cameron’s former director of communications, looks set to be moved from high-security Belmarsh prison after finally being classified as posing no risk to society.’
The Guardian, 14th August 2014
Source: www.guardian.co.uk
