‘A husband and wife have been found guilty of the murder of the woman’s parents, whose bodies lay undiscovered for 15 years, buried in a back garden.’
BBC News, 20th June 2014
Source: www.bbc.co.uk
‘Medicines are tightly regulated – for good reason. But what about those products occupying the grey area around obviously medicinal products: food supplements, sports nutrition, herbal and homeopathic remedies, for example? When should these borderline products receive the same scrutiny and control?.’
Technology Law Update, 20th June 2014
Source: www.technology-law-blog.co.uk
‘A clause in a contract of employment permitting an employer to deduct one month’s pay in respect of a departing employee’s failure to work her notice period was not a “penalty clause”, and was therefore enforceable, the Employment Appeal Tribunal (EAT) has ruled.’
OUT-LAW.com, 17th June 2014
Source: www.out-law.com
‘The application to have an entire trial held in secret caused a bit of a stir when news of the application was released earlier this month. The Court of Appeal has now permitted some of the hearing to be heard in public. This will probably be limited to the formalities at the start and end of the trial and parts of the Prosecution Opening.’
Halsbury’s Law Exchange, 17th June 2014
Source: www.halsburyslawexchange.co.uk
‘Not since the long gone days of the Star Chamber has a case happened in secret with no reporting of the names of defendants, the charges, or the evidence. Whilst some element of secrecy is common place (see any trial with a youth or a sexual offence in the Crown Court for example) the idea that someone could be arrested, charged and potentially imprisoned without anyone beyond the immediate players knowing about it was anathema to the English lawyer.’
Halsbury’s Law Exchange, 16th June 2014
Source: www.halsburyslawexchange.co.uk
‘Lord Faulks QC’s keynote speech at the Civil Mediation Conference on 22 May 2014.’
Ministry of Justice, 19th June 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
‘The Department for Education has published a new code of practice for organisations working with children and young people with special educational needs and disabilities.’
Local Government Lawyer, 18th June 2014
Source: www.localgovernmentlawyer.co.uk
‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’
Local Government Lawyer, 19th June 2014
Source: www.localgovernmentlawyer.co.uk
‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’
Litigation Futures, 19th June 2014
Source: www.litigationfutures.com
‘In a major speech on the future of law, the Lord Chief Justice said last night that “there has to be a single regulator” for the legal professions. Lord Thomas said he could not see any “practical” alternative, and he would be “very disappointed” if there was not a much simpler and cheaper system of regulation in 10 years’ time.’
Legal Futures, 20th June 2014
Source: www.legalfutures.co.uk
‘A third updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, Newspaper Society, Society of Editors and the Media Lawyers Association.’
Judiciary of England and Wales, 16th June 2014
Source: www.judiciary.gov.uk
‘An inspection of the efficiency and effectiveness of the Home Office’s handling of this European casework by John Vine CBE QPM, Independent Chief Inspector of Borders and Immigration.’
Home Office, 19th June 2014
Source: www.gov.uk/home-office
‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264
‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265
‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’
WLR Daily, 13th June 2014
Source: www.iclr.co.uk
Hayes v Hayes: [2014] WLR (D) 267
‘Cross-examination was not appropriate on the hearing of a bankruptcy petition. The appeal court should be slow to depart from the regular practice of registrars, which was to decide such hearings without cross-examination. The insolvency court was not a suitable forum for the trying of disputes.’
WLR Daily, 12th June 2014
Source: www.iclr.co.uk
‘When formulating country guidance for Sri Lanka in relation to individuals likely to be in need of international refugee protection the Upper Tribunal had been justified in departing from the more generous UNHCR Guidelines in setting out what the risk categories were.’
WLR Daily, 18th June 2014
Source: www.iclr.co.uk
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