Mini-pupils in chambers: legal and ethical issues – The Bar Council
‘The Bar Council’s Professional Practice Committee (PPC) has published a new document covering mini-pupils.’
The Bar Council, 26th June 2014
Source: www.barcouncil.org.uk
Recent Statutory Instruments – legislation.gov.uk
The Code of Practice (Handling in a Reasonable Manner Requests to Work Flexibly) Order 2014
The Marriage (Same Sex Couples) Act 2013 (Commencement No. 3) Order 2014
The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2014
The Proscribed Organisations (Name Changes) Order 2014
Source: www.legislation.gov.uk
In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily
‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’
Source: www.iclr.co.uk
Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily
‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’
WLR Daily, 24th June 2014
Source: www.iclr.co.uk
Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily
‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’
WLR Daily, 24th June 2014
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
A (A Child) [2014] EWCA Civ 871 (26 June 2014)
Temur v London Borough of Hackney [2014] EWCA Civ 877 (26 June 2014)
Akhtar v Boland [2014] EWCA Civ 872 (25 June 2014)
Court of Appeal (Criminal Division)
Ashford & Ors v Southampton City Council [2014] EWCA Crim 1244 (25 June 2014)
High Court (Administrative Court)
Sweeney v Westminster Magistrates Court & Anor [2014] EWHC 2068 (Admin) (25 June 2014)
High Court (Chancery Division)
American Leisure Group Ltd v Garrard & Ors [2014] EWHC 2101 (Ch) (26 June 2014)
High Court (Patents Court)
Koninklijke Philips Electronics NV v Nintendo of Europe GmbH [2014] EWHC 1959 (Pat) (20 June 2014)
High Court (Queen’s Bench Division)
Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)
RMJ v The Secretary of State for the Home Department [2014] EWHC 2048 (QB) (24 June 2014)
Source: www.bailii.org
Supreme Court is supreme, says Neuberger – Law Society’s Gazette
‘No legislative change is needed to enable the Supreme Court to deviate from rulings of the European Court of Human Rights, the Supreme Court’s president told peers today.’
Law Society’s Gazette, 25th June 2014
Source: www.lawgazette.co.uk
Rogue CMCs to face massive new fines – Law Society’s Gazette
‘Rogue claims management companies that use information based on cold calling or spam texts could face seven-figure fines under new government powers.’
Law Society’s Gazette, 27th June 2014
Source: www.lawgazette.co.uk
Criminalising Forced Marriage – The Deterrent Effect – Family Law Week
‘Danish Ameen, barrister of 18 St John Street Chambers, considers the impact of the criminalisation of forced marriage which came into effect on the 16th June 2014.’
Family Law Week, 26th June 2014
Source: www.familylawweek.co.uk
Britain’s intelligence agencies are told to make privacy invasion assessment – The Guardian
‘Britain’s security and intelligence agencies should consider how far they are invading people’s privacy when they seek permission for intrusive surveillance, their government-appointed watchdog has recommended.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
Civil partnerships can be converted to marriages from December – The Guardian
‘Same-sex couples will be able to convert their civil partnerships to marriages from December this year, the culture secretary has said.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
Police failures partly blamed for Hywel Hughes’ custody death – BBC News
‘The death of a man in police custody after he was ejected from a Bangor nightclub in 2003 was partly due to failures by two police officers who arrested him, an inquest has concluded.’
BBC News, 26th June 2014
Source: www.bbc.co.uk
Law graduate Rhiannon Brooker jailed over false rape claims – BBC News
‘A law graduate who falsely accused her boyfriend of rape as an excuse for failing her exams has been jailed for three-and-a-half years.’
BBC News, 26th June 2014
Source: www.bbc.co.uk
Chilcot report into 2003 Iraq conflict delayed further – The Guardian
‘The Chilcot inquiry, which is expected to contain damning criticism of the way Tony Blair and his close advisers led Britain into war against Iraq, is unlikely to be published until next year, the Guardian has learned.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
Jimmy Savile: detailed investigation reveals reign of abuse across NHS – The Guardian
‘The minister in charge when Jimmy Savile was appointed to work at Broadmoor psychiatric hospital said she was “shocked, surprised, startled, disgusted”, as details of his catalogue of abuse within the NHS were exposed.’
The Guardian, 27th June 2014
Source: www.guardian.co.uk
MMR vaccine: lawyers sued for pursuing claim based on link to autism – The Guardian
‘A man is suing his former legal team for pursuing “hopeless claims” based on flawed research into the MMR vaccine, it has emerged.’
The Guardian, 26th June 2014
Source: www.guardian.co.uk
Dreadlock holiday pay – Hardwicke Chambers
’10cc were a great band – from a decade of great bands of course – “Dreadlock holiday” an iconic track and I don’t like cricket, no no, I love it. So what a joy to be able to reference this title to a very significant employment case reported last week. How come? Well the pun starts here: (1) the case is Lock v British Gas Trading Limited (2) it is all about holiday pay and (3) employers will dread its implications.’
Hardwicke Chambers, 10th June 2014
Source: www.hardwicke.co.uk
Hallam Estates v Baker : Extensions of time – time to get along? – Henderson Chambers
‘Lord Justice Jackson took this appeal as an opportunity to stress the importance of parties acting reasonably in agreeing to extensions of time where court hearings are not disrupted. Whilst one might have expected courts to be less approving of parties granting each other extensions of time following the 1 April 2013 reforms, the contrary appears to be the case: Jackson LJ made it quite clear that “…it was no part of my recommendations that parties should refrain from agreeing reasonable extensions of time, which neither imperil hearing dates nor otherwise disrupt the proceedings” (at [30]).
Full story (PDF)
Henderson Chambers, 27th May 2014
Source: www.hendersonchambers.co.uk
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – 4 New Square
‘With over a decade of fairly fundamental regulatory challenges brought about by the Access to
Justice Act 1999, s.58 Courts and Legal Services Act 1990 (Conditional Fee legislation) and more
recently LASPO (Jackson and DBAs), not to mention the overhaul of the Solicitors Code of Conduct to
its present guise of the Handbook in October 2011, one would be forgiven for thinking that the
solicitors profession is already sufficiently regulated without yet more intricate legislation. However,
it seems not. It is now necessary for the profession to get to grips with this latest round of
regulation bestowed upon the profession by Brussels.’
Full story (PDF)
4 New Square, 11th June 2014
Source: www.4newsquare.com
Property mediation in the post-Jackson and the Mitchell world – Hardwicke Chambers
‘It has been clear for a while that both politicians and many members of the judiciary have left behind their initial scepticism and now become fervent supporters of formal alternative dispute resolution (ADR) processes, mediation in particular.’
Hardwicke Chambers, 13th June 2014
Source: www.hardwicke.co.uk
