Impact of legal aid cuts on the Citizens Advice Bureau – Halsbury’s Law Exchange

Posted July 17th, 2014 in citizens advice bureaux, law centres, legal aid, news, universities by sally

‘The cuts in legal aid for professional advice wrought by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) may be seen to have increased the opportunities – and workload – for volunteers and charities. Indeed, there are reports that the government intends to fill the gap regarding divorce by setting up law centres run by students. However, the cuts, often portrayed as affecting “fat cat” lawyers, can harm charitable and volunteer services as can be seen through the example of Citizens Advice Bureaux up and down the country.’

Full story

Halsbury’s Law Exhchange, 15th July 2014

Source: www.halsburyslawexchange.co.uk

Wrotham Park damages for breach of restrictive covenants and illegitimate competition? The Court says yes in One Step (Support) Ltd –v- Morris-Gardner & Anor [2014] EWHC 2213 – Employment Law Blog

Posted July 17th, 2014 in competition, contract of employment, damages, employment, law reports, news, restrictive covenants by sally

‘In Wrotham Park v Parkside Homes [1974] 1 WLR 798, the Court declined to order a land-owner to destroy a property he had built on his land in breach of a covenant in favour of his neighbour. Instead, it awarded the neighbour damages in lieu of an injunction under Lord Cairns’ Act, in such sum “as might reasonably have been demanded by the [covenantee] … as the quid pro quo for relaxing the covenant” (815). The Court assessed the damages as a modest percentage of the profit anticipated (“with the benefit of foresight”) by the contract breaker. Employment lawyers have sought to exploit Wrotham Park for some time now, particularly following the seminal judgments of the House of Lords in AG v Blake [2001] 1 AC 268, where it was held that in exceptional circumstances (where conventional remedies had no value) the contract breacher could be required to account for the fruits of his breach of contract.’

Full story

Employment Law Blog, 15th July 2014

Source: www.employment11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted July 17th, 2014 in legislation by sally

The Education (National Curriculum)(Attainment Targets and Programmes of Study)(England)(Amendment) Order 2014

The National Curriculum (Exceptions for First, Second, Third and Fourth Key Stages) (England) (Amendment) Regulations 2014

The Food Information Regulations 2014

The Business Rate Supplements Act 2009 (Commencement No.2) (England) Order 2014

The Immigration (Designation of Travel Bans) (Amendment) Order 2014

The Forest Reproductive Material (Great Britain) (Amendment) (England and Scotland) Regulations 2014

The Housing Renewal Grants (Amendment) (England) Regulations 2014

Source: www.legislation.gov.uk

Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening) – WLR Daily

Posted July 17th, 2014 in civil justice, law reports, legal aid, regulations, ultra vires by sally

Regina (Public Law Project) v Secretary of State for Justice (Office of the Children’s Commissioner intervening); [2014] EWHC 2365 (Admin); [2014] WLR (D) 316

‘The proposed statutory instrument, the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) Order 2014, amending Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 by introducing a residence test, was unlawful as it was ultra vires and discriminatory.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

FHR European Ventures LLP and others v Cedar Capital Partners LLC – WLR Daily

Posted July 17th, 2014 in agency, appeals, fiduciary duty, law reports, Supreme Court by sally

FHR European Ventures LLP and others v Cedar Capital Partners LLC; [2014] UKSC ; [2014] WLR (D) 317

‘Where an agent obtained a benefit, including a bribe or a secret commission, which was, or resulted from, a breach of his fiduciary duty to his principal, he held the benefit on trust for his principal.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

Yiacoub v The Queen – WLR Daily

Posted July 17th, 2014 in appeals, bias, judges, law reports, Privy Council by sally

Yiacoub v The Queen; [2014] UKPC 22; [2014] WLR (D) 314

‘Justice was not seen to be done when a judge who had sat on the original trial was responsible for overseeing the constitution of the panel of judges which formed the court which heard the appeal.’

WLR Daily, 10th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 17th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for Culture, Media and Sport v BT Pension Scheme Trustees Ltd & Ors [2014] EWCA Civ 958 (16 July 2014)

Premier Telecom Communications Group Ltd & Anor v Webb [2014] EWCA Civ 994 (16 July 2014)

Ahmad v Secretary of State for the Home Department [2014] EWCA Civ 988 (16 July 2014)

High Court (Administrative Court)

The Professional Standards Authority v The General Chiropractic Council & Anor [2014] EWHC 2190 (Admin) (16 July 2014)

High Court (Chancery Division)

Lilley v Euromoney Institutional Investor Plc & Anor [2014] EWHC 2364 (Ch) (16 July 2014)

High Court (Patents Court)

Rovi Solutions Corporation & Anor v Virgin Media Ltd & Ors [2014] EWHC 2301 (Pat) (14 July 2014)

High Court (Queen’s Bench Division)

Yates v Revenue and Customs & Anor [2014] EWHC 2311 (QB) (17 July 2014)

Kadir & Anor v Channel S Television Ltd [2014] EWHC 2305 (QB) (15 July 2014)

Source: www.bailii.org

Criminal bar takes QASA challenge to appeal court – Law Society’s Gazette

Posted July 17th, 2014 in appeals, barristers, news, quality assurance by sally

‘The criminal bar has begun the next stage of its challenge to the introduction of the controversial Quality Assurance Scheme for Advocates (QASA).’

Full story

Law Society’s Gazette, 16th July 2014

Source: www.lawgazette.co.uk

Hairdresser Hollie Gazzard murder: Ex-boyfriend jailed for life – BBC News

Posted July 17th, 2014 in domestic violence, murder, news, police, professional conduct, sentencing by sally

‘A man who stabbed his ex-girlfriend to death at the hairdressers where she worked has been jailed for life.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

Manchester Airport tyre blast: Lufthansa and Storm Aviation pay damages – BBC News

Posted July 17th, 2014 in accidents, aircraft, compensation, news, personal injuries by sally

‘An engineer who lost an arm and a leg when a tyre on an aircraft exploded at Manchester Airport has been awarded about £600,000 in damages.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

Borrower wins court reprieve over £13,000 debt due to ‘illegible documents’ – Daily Telegraph

Posted July 17th, 2014 in consumer credit, debts, documents, news by sally

‘ When Harry Moore was taken to court over spiralling credit card debts, he faced losing both his home and business. Mr Moore, 43, had built up a balance of more than £13,000 on an MBNA credit card, and had failed to meet repayments. His debts were passed from MBNA to a debt recovery agency, Hillesden Securities, which in November 2013 took him to court. But the case was thrown out – because the orginal agreement was “impossible to read”.’

Full story

Daily Telegraph, 16th July 2014

Source: www.telegraph.co.uk

19,000 more parents in child cases with no lawyer – BBC News

Posted July 17th, 2014 in arbitration, family courts, legal aid, legal representation, litigants in person, news by sally

‘More than 19,000 more parents appeared in civil courts with no lawyer in cases about children, in the year after legal aid cuts, it has emerged.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

Police fear being overwhelmed as 660 suspects are arrested over paedophilia – The Guardian

Posted July 17th, 2014 in child abuse, indecent photographs of children, internet, news, police by sally

‘Britain’s senior police officers said they were at risk of being overwhelmed by an unprecedented number of child abuse investigations after the arrest of 660 suspected paedophiles.’

Full story

The Guardian, 16th July 2014

Source: www.guardian.co.uk

Peers criticise government over emergency data laws – BBC News

Posted July 17th, 2014 in bills, electronic mail, interception, news, parliament, telecommunications by sally

‘The government has come under fire in the Lords over emergency legislation giving the security services access to people’s phone and internet records.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

Lindsay Sandiford case: Bali death row drugs trafficker review call – BBC News

Posted July 16th, 2014 in death penalty, drug trafficking, fees, jurisdiction, legal aid, legal representation, news, Supreme Court by sally

‘The UK Supreme Court has called on the British government to review the case of a grandmother facing execution in Indonesia on drug charges.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

The non-residents legal aid case – LC advised to go for the ball, not for his opponent’s shins – UK Human Rights Blog

Posted July 16th, 2014 in human rights, jurisdiction, legal aid, news, ultra vires by sally

‘Public Law Project v Secretary of State for Justice [2014] EWHC 2365. Angela Patrick of JUSTICE has provided an excellent summary of this important ruling, which declared a proposed statutory instrument to be ultra vires the LASPO Act under which it was to have been made. The judgment is an interesting one, not least for some judicial fireworks in response to the Lord Chancellor’s recourse to the Daily Telegraph after the hearing, but before judgment was delivered.’

Full story

UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

Plan to stop non-residents getting Legal Aid is unlawful, rules High Court – UK Human Rights Blog

Posted July 16th, 2014 in Administrative Court, consultations, equality, human rights, interpretation, jurisdiction, legal aid, news, ultra vires by sally

‘House of Lords is scheduled to vote on the Government’s proposals for a residence test for access to legal aid, Angela Patrick, Director of Human Rights Policy at JUSTICE considers today’s judgment of the Divisional Court in PLP v Secretary of State for Justice.’

Full story

UK Human Rights Blog, 15th July 2014

Source: www.ukhumanrightsblog.com

Transforming the criminal justice system: strategy and action plan – Ministry of Justice

Posted July 16th, 2014 in computer programs, criminal justice, delay, reports, victims, witnesses by sally

‘The “Criminal justice system 2014 to 2015: strategy and action plan” is an update on the version published last year.’

Full text

Ministry of Justice, 15th July 2014

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

Recent Statutory Instruments – legislation.gov.uk

Posted July 16th, 2014 in legislation by sally

The Merchant Shipping (Maritime Labour Convention) (Recruitment and Placement) Regulations 2014

The Merchant Shipping (Maritime Labour Convention) (Consequential and Minor Amendments) Regulations 2014

The Merchant Shipping (Maritime Labour Convention) (Minimum Requirements for Seafarers etc.) Regulations 2014

The Terrorism Act 2000 (Code of Practice for Examining Officers and Review Officers) Order 2014

The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 2014

Source: www.legislation.gov.uk

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 16th, 2014 in Administrative Court, appeals, asylum, charities, detention, Equality and Human Rights Commission, human rights, immigration, judicial review, law reports by sally

Regina (Detention Action) v Secretary of State for the Home Department (Equality and Human Rights Commission intervening); [2014] EWHC 2245 (Admin); [2014] WLR (D) 310

‘The Detained Fast Track policy, operated by the Secretary of State, for the detention of some asylum seekers while their asylum claims were being determined was not unlawful in its terms.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk