Yarl’s Wood: deported asylum seekers to give evidence to parliament – The Guardian

‘Deported asylum seekers who have made allegations of inappropriate sexual behaviour by staff at the Yarl’s Wood detention centre are to be called before an ongoing parliamentary inquiry.’

Full story

The Guardian, 28th June 2014

Source: www.guardian.co.uk

The English law of causation and the passing-on defence – Competition Bulletin from Blackstone Chambers

Posted June 30th, 2014 in causation, competition, damages, defences, news by sally

‘One of the big questions of English competition law is whether there is such a thing as a “passing-on defence” – – i.e. whether the damages suffered by a purchaser of a cartelized product are reduced or mitigated if he “passes on” some of the overcharge to his own customers. Two follow-on damages actions were due to be heard this term, arising out of the synthetic rubber cartel and the gas insulated switchgear cartel, both of which raised the question of passing-on but both of which have now settled.’

Full story

Competition Bulletin from Blackstone Chambers, 30th June 2014

Source: www.competitionbulletin.com

CPS fraud couple ordered to pay back £300,000 – BBC News

Posted June 30th, 2014 in assets recovery, Crown Prosecution Service, fraud, news, sentencing, taxis by sally

‘A couple who were jailed for conning the Crown Prosecution Service (CPS) out of more than £1m have been ordered to pay back in excess of £300,000 by a court.’

Full story

BBC News, 27th June 2014

Source: www.bbc.co.uk

High Court refuses permission for judicial review of Woolwich affordable housing reduction – OUT-LAW.com

Posted June 30th, 2014 in appeals, housing, judicial review, local government, news, planning by sally

‘A High Court judge has refused Greenwich Council’s application for judicial review of a planning inspector’s decision to allow the removal of the affordable housing requirement attached to a planning permission, according to a report in Planning Magazine.’

Full story

OUT-LAW.com, 27th June 2014

Source: www.out-law.com

New laws needed for tug-of-love dogs, says divorce expert – The Independent

Posted June 30th, 2014 in custody, dispute resolution, divorce, dogs, news by sally

‘For centuries, the dog has held the title of man’s best friend, but what happens when the same animal is also the woman’s best friend? A legal academic has called for the UK to revolutionise the way in which pets are treated in divorce custody battles.’

Full story

The Independent, 29th June 2014

Source: www.independent.co.uk

Bedtimes introduced for young offenders – BBC News

Posted June 30th, 2014 in codes of practice, enforcement, news, prisons, young offenders by sally

‘All young offenders will face strict bedtimes for the first time, Justice Secretary Chris Grayling has announced.’

Full story

BBC News, 28th June 2014

Source: www.bbc.co.uk

Phone hacking: it was right to charge Rebekah Brooks, says Keir Starmer – The Guardian

‘Prosecutors were right to charge Rebekah Brooks and other News of the World executives over conspiracy to hack phones as the trials have helped determine who knew about widespread malpractice at the newspaper, Sir Keir Starmer, the former director of public prosecutions, has said.’

Full story

The Guardian, 29th June 2014

Source: www.guardian.co.uk

Phone hacking trial: a lesson for future high profile cases – Halsbury’s Law Exchange

Posted June 27th, 2014 in interception, news, parliamentary privilege, sub judice by sally

‘David Cameron has been rebuked by Mr Justice Saunders for comments made about Andy Coulson whilst the jury in the “phone hacking” case were still in deliberation over two remaining charges. Cameron apologised to the House of Commons in “full and frank” terms for hiring Coulson in 2007, who he said had given false assurances about his involvement in phone hacking.’

Full story

Halsbury’s Law Exchange, 26th June 2014

Source: www.halsburyslawexchange.co.uk

Nuisance claims firms face huge fines – Ministry of Justice

Posted June 27th, 2014 in claims management, fines, personal injuries, press releases by sally

‘Lord Faulks QC has today announced rogue claims firms providing a bad service and bombarding people with nuisance calls will face large fines.’

Full press release

Ministry of Justice, 27th June 2014

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

Conservation Covenants – Law Commission

Posted June 27th, 2014 in covenants, environmental protection, reports by sally

‘A report recommending a new statutory scheme be established to allow landowners to ensure the long-term conservation of features on their land such as forests, habitats and historic buildings.’

Full report

Law Commission, 24th June 2014

Source: www.justice.gov.uk/lawcommission

Religion, The Rule of Law and Discrimination – Speech by Sir Terence Etherton

‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’

Full speech

Judiciary of England & Wales, 26th June 2014

Source: www.judiciary.gov.uk

The Hershman Levy Memorial Lecture 2014 – Speech by The Rt Hon Sir Andrew McFarlane

‘Speech by The Rt Hon Sir Andrew McFarlane: The Hershman Levy Memorial Lecture 2014 – Association of Lawyers for Children.’

Full speech

Judiciary of England and Wales, 26th June 2014

Source: www.judiciary.gov.uk

Surrogacy overseas – Home Office

Posted June 27th, 2014 in citizenship, immigration, news, surrogacy by sally

‘Information for British nationals who are considering entering into surrogacy arrangements in foreign countries.’

Full text

Home Office, 26th June 2014

Source: www.gov.uk/home-office

Home Secretary announces review of undercover policing cases – Home Office

Posted June 27th, 2014 in miscarriage of justice, police, press releases, prosecutions, spying by sally

‘Home Secretary Theresa May today announced details of a review of criminal convictions in cases involving undercover police officers.’

Full press release

Home Office, 26th June 2014

Source: www.gov.uk/home-office

Mini-pupils in chambers: legal and ethical issues – The Bar Council

Posted June 27th, 2014 in data protection, news, privacy, professional conduct, pupillage by sally

‘The Bar Council’s Professional Practice Committee (PPC) has published a new document covering mini-pupils.’

Full text

The Bar Council, 26th June 2014

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 27th, 2014 in legislation by sally

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 Children and Families Act 2014 (Commencement No. 3, Transitional Provisions and Savings) Order 2014

The Proscribed Organisations (Name Changes) Order 2014

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 3) Regulations 2014

Source: www.legislation.gov.uk

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘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

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘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

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by sally

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘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

Posted June 27th, 2014 in law reports by sally

Court of Appeal (Civil Division)

A (A Child) [2014] EWCA Civ 871 (26 June 2014)

EV (Philippines) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 874 (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)

Taylor Wimpey West London v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2082 (Admin) (25 June 2014)

High Court (Chancery Division)

American Leisure Group Ltd v Garrard & Ors [2014] EWHC 2101 (Ch) (26 June 2014)

Group Seven Ltd & Anor v Allied Investment Corporation Ltd & Ors [2014] EWHC 2046 (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