‘Secret’ terror trial ruling due at Old Bailey – BBC News
‘The Court of Appeal is to rule on whether a trial of two terrorist suspects can be heard in secret.’
BBC News, 12th June 2014
Source: www.bbc.co.uk
Currency market rigging could become criminal offence – The Guardian
‘Rigging the foreign exchange, bond and commodity markets could become a criminal offence, the government will warn the City on Thursday as part of its latest effort to clean up the financial markets after a wave of scandals and allegations relating to key benchmarks.’
The Guardian, 11th June 2014
Source: www.guardian.co.uk
Coty Germany GmbH (formerly Coty Prestige Lancaster Group GmbH) v First Note Perfumes NV – WLR Daily
‘The concept of “the member state in which the act of infringement has been committed” in article 93(5) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark meant that, in the event of a sale and delivery of a counterfeit product in one member state, followed by a resale by the purchaser in another member state, that provision did not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the member state where the court seised was situated.’
WLR Daily, 5th June 2014
Source: www.iclr.co.uk
Newspaper Licensing Agency Ltd and others v Public Relations Consultants Association Ltd – WLR Daily
‘Article 5 of Parliament and Council Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society meant that the copies on a user’s computer screen and the copies in the Internet “cache” of that computer’s hard disk, made by an end-user in the course of viewing a website, satisfied the conditions that those copies had to be temporary, that they had to be transient or incidental in nature and that they had to constitute an integral and essential part of a technological process, as well as the conditions laid down in article 5(5) of that Directive, and that they could therefore be made without the authorisation of the copyright holders.’
WLR Daily, 5th June 2014
Source: www.iclr.co.uk
Government of Ghana v Gambrah (Death Penalty Project intervening) – WLR Daily
‘The mere imposition of the death penalty in a requesting state, coupled with an acceptable assurance that it would not be carried out, was no bar to extradition.’
WLR Daily, 16th May 2014
Source: www.iclr.co.uk
In re DE (A Child) (Care Order: Change of Care Plan) – WLR Daily
In re DE (A Child) (Care Order: Change of Care Plan) [2014] EWFC 6 ; [2014] WLR (D) 246
‘Any local authority and court making decisions about the long term future of children had to address all the options which were realistically possible before coming to a decision and, where a care order had been granted on the basis of a care plan providing that the child should remain at home, a local authority considering changing the plan and removing the child permanently from the family was obliged in law to follow the same approach and had to have regard to the fact that permanent placement outside the family was to be preferred only as a last resort where nothing else would do. While that process was being carried out, the child should remain at home under the care order unless his safety and welfare required that he be removed immediately.’
WLR Daily, 23rd May 2014
Source: www.iclr.co.uk
Coll v Floreat Merchant Banking Ltd and others (Eggesbo and others, Part 20 defendants) (Solicitors Regulatory Authority intervening) – WLR Daily
‘Whilst there was no specific test for granting permission to make an application for committal for breach of a solicitor’s undertaking, where there was no reasonable prospect of the applicant proving that the relevant solicitor had breached an undertaking, and there was no other good reason to allow the application to proceed, permission should not be granted.’
WLR Daily, 3rd June 2014
Source: www.iclr.co.uk
Get informed – New Law Journal
‘Natasha Phillips underlines the importance of mortgage capacity assessments in divorce proceedings.’
New Law Journal, 6th June 2014
Source: www.newlawjournal.co.uk
A new test to determine who is fit for trial – Law Commission
‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’
Law Commission, 11th June 2014
Source: www.lawcommission.justice.gov.uk
Unfit To Plead in the Magistrates’ and Youth Courts? – Criminal Law and Justice Weekly
‘Miranda Bevan on the Law Commission’s review of the law on unfitness to plead in England and Wales.’
Criminal Law and Justice Weekly, 6th June 2014
Source: www.criminallawandjustice.co.uk
Analysis Post-Re B-S: The Fallacy of ‘Better than Good Enough Care’ – Family Law Week
‘Paul Hart, barrister, 15 Winckley Square Chambers, considers whether the courts are asking the right question when determining the capability of parents to care for their children.’
Family Law Week, 10th June 2014
Source: www.familylawweek.co.uk
Magna Carta, Religion and The Rule of Law – Speech by Master of the Rolls
Magna Carta, Religion and The Rule of Law (PDF)
Speech by Master of the Rolls
Temple, London, 7th June 2014
Source: www.judiciary.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Housing (Right to Buy) (Limit on Discount) (England) Order 2014
The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014
The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014
The Energy Act 2004 (Designation of Publicly Owned Companies) (Revocation) Order 2014
The Value Added Tax (Amendment) (No. 2) Regulations 2014
The King’s College Hospital NHS Foundation Trust (Transfer of Trust Property) Order 2014
The Oxford Health NHS Foundation Trust (Transfer of Trust Property) Order 2014
The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014
The Value Added Tax (Section 55A) (Specified Goods and Excepted Supplies) Order 2014
The Tribunal Procedure (Amendment No. 2) Rules 2014
The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014
The Immigration (European Economic Area) (Amendment) Regulations 2014
The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014
The Crossrail (Insertion of Review Clauses) Regulations 2014
The Energy Act 2004 (Commencement No. 11) Order 2014
The Energy Act 2008 (Commencement No. 6) Order 2014
The Child Trust Funds (Amendment No. 2) Regulations 2014
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2014
The Individual Savings Account (Amendment No. 2) Regulations 2014
The Health and Social Care Act 2012 (Commencement No. 8) Order 2014
The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2014
Source: www.legislation.gov.uk
Work capability assessment system at ‘virtual collapse’, says judge – The Guardian
‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’
The Guardian, 11th June 2014
Source: www.guardian.co.uk
“Virtually impossible” for solicitors to claim success fees in cases involving children – Litigation Futures
‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’
Litigation Futures, 11th June 2014
Source: www.litigationfutures.com
Corrupt police face 14 years in jail under new law – Daily Telegraph
‘New offence will introduce new tougher penalty for dishonest police in wake of Stephen Lawrence revelations.’
Daily Telegraph, 10th June 2014
Source: www.telegraph.co.uk
IPPC say South Wales Police let down woman in hammer attack – BBC News
‘A woman attacked by her partner with a claw hammer was put at “serious risk” by South Wales Police, despite her reporting him to them, the Independent Police Complaints Commission has said.
BBC News, 11th June 2014
Source: www.bbc.co.uk
Judge backs birth control for parents with many children taken into care – The Guardian
‘The most senior family judge in England and Wales has supported the provision of contraception to parents who have large numbers of children taken into care.’
The Guardian, 10th June 2014
Source: www.guardian.co.uk
Lack of legal aid derails contact proceedings – The Guardian
‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’
UK Human Rights Blog, 10th June 2014
Source: www.ukhumanrightsblog.com
Why are special courts that can help drug users at risk of being scrapped? – The Guardian
‘Launched as a pilot programme a decade ago, dedicated drug courts were widely promoted as one of the best hopes of halting addiction-fuelled crime. According to supporters, however, specialist courts are now in danger of being disbanded through lack of official support. The West London drugs court, in Hammersmith, sits only half a day a week and is no longer staffed exclusively by specially trained magistrates.’
The Guardian, 10th June 2014
Source: www.guardian.co.uk
