Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision – Litigation Futures

Posted May 15th, 2014 in costs, fundamental dishonesty, news, personal injuries by sally

‘A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.’

Full story

Litigation Futures, 14th May 2014

Source: www.litigationfutures.com

Response of the Judicial Executive Board to the Justice Committee Inquiry: Civil Legal Aid – Judiciary of England and Wales

Posted May 15th, 2014 in civil justice, judiciary, legal aid, litigants in person, news by sally

‘Response of the Judicial Executive Board, drafted with input from the Association of Her Majesty’s District Judges and the Council of Her Majesty’s Circuit Judges.’

Full text

Judiciary of England and Wales, 13th May 2014

Source: www.judiciary.gov.uk

PACE Code C – Home Office

Posted May 15th, 2014 in codes of practice, detention, investigatory powers, police by sally

‘This revised version of PACE Code C sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers. The revised 2014 code was laid in Parliament on 14 May 2014 and will only apply after midnight on 2 June 2014.’

Full text

Home Office, 14th May 2014

Source: www.gov.uk/home-office

Proposed guidance to help prosecutors spot signs of domestic violence against teenagers and pensioners – Crown Prosecution Service

‘The Director of Public Prosecutions, Alison Saunders, has today proposed changes to the way the CPS considers domestic violence cases that would instruct prosecutors to consider the use of social media, gang culture and peer pressure when looking at cases involving teenagers.’

Full press release

Crown Prosecution Service, 14th May 2014

Source: www.cps.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 15th, 2014 in legislation by sally

The Firearms (Amendment) Rules 2014

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes C and H) Order 2014

The Child Benefit (General) and Child Tax Credit (Amendment) Regulations 2014

The Universal Credit (Transitional Provisions) Regulations 2014

The Local Government Pension Scheme (Offender Management) (Amendment) Regulations 2014

The Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (Commencement and Transitional Provision No. 1) Order 2014

The Representation of the People (England and Wales) (Amendment) Regulations 2014

Source: www.bailii.org

BAILII: Recent Decisions

Posted May 15th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Church Commissioners for England, R v Hampshire County Council & Anor [2014] EWCA Civ 634 (14 May 2014)

Lakatamia Shipping Company Ltd v Su & Ors [2014] EWCA Civ 636 (14 May 2014)

Crossland v OCS Group UK Ltd & Anor [2014] EWCA Civ 576 (14 May 2014)

Court of Appeal (Criminal Division)

Sandhu v R. [2014] EWCA Crim 927 (14 May 2014)

High Court (Administrative Court)

Teshome v The Lord President of the Council [2014] EWHC 1468 (Admin) (14 May 2014)

Osawemwenze, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1564 (Admin) (14 May 2014)

High Court (Commercial Court)

Sun United Maritime Ltd v Kasteli Marine Inc [2014] EWHC 1476 (Comm) (14 May 2014)

High Court (Family Division)

Chai v Peng [2014] EWHC 1519 (Fam) (01 May 2014)

High Court (Queen’s Bench Division)

SPA v TAS [2014] EWHC 1512 (QB) (14 May 2014)

Groves v Studley [2014] EWHC 1522 (QB) (14 May 2014)

Wissa v Associated Newspapers Ltd [2014] EWHC 1518 (QB) (14 May 2014)

Source: www.bailii.org

High Court grants JR on immunity of ‘torture’ prince – Law Society’s Gazette

Posted May 15th, 2014 in immunity, judicial review, news, royal family, torture by sally

‘A judicial review has been granted challenging the prosecution service’s decision to allow the son of Bahrain’s ruler immunity in the UK over torture allegations.’

Full story

Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

Leading judges in damning attack on civil aid cuts – Law Society’s Gazette

‘Senior judges have launched their most scathing attack yet on the government’s cuts to civil legal aid. In written evidence responding to the government’s consultation on the first year of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act, the Judicial Executive Board said courts have faced an ‘unprecedented increase’ in numbers of litigants in person (LiPs).’

Full story

Law Society’s Gazette, 14th May 2014

Source: www.lawgazette.co.uk

Police officer fined for sharing extreme porn on mobile phone while on duty – The Guardian

Posted May 15th, 2014 in fines, news, police, pornography by sally

‘James Addison fined £6,000 after admitting he sent pornographic videos and stills to colleagues using WhatsApp.’

Full story

The Guardian, 14th May 2014

Source: www.guardian.co.uk

Matthew Wickens jailed for Devon baby throwing death – BBC News

Posted May 15th, 2014 in child abuse, homicide, news, sentencing by sally

‘A man who killed his crying baby by throwing him so violently into his cot that he suffered massive head injuries has been jailed.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk

Line dancing teacher falsely accused of harassment successfully sues rival – Daily Telegraph

Posted May 15th, 2014 in costs, defamation, news, teachers by sally

‘Award-winning line-dancing teacher Val Myers given apology in High Court after rival falsely accused him of assault and harassing members of the line-dancing community.’

Full story

Daily Telegraph, 14th May 2014

Source: www.telegraph.co.uk

High Court to make landmark ruling on whether to allow brain damaged man to die – The Independent

Posted May 15th, 2014 in assisted suicide, disabled persons, euthanasia, medical treatment, news by sally

‘A High Court judge will decide this week whether doctors should stop feeding a brain damaged man and allow him to die.’

Full story

The Independent, 14th May 2014

Source: www.independent.co.uk

David Miranda allowed to appeal against ruling on Heathrow detention – The Guardian

‘David Miranda, partner of the former Guardian journalist Glenn Greenwald, has been granted permission to appeal against a ruling that he was lawfully detained under counter-terrorism powers at Heathrow airport. The case – which also involves a challenge to the police seizure of computer material related to the US National Security Agency (NSA) contractor Edward Snowden – will now go to the court of appeal.’

Full story

The Guardian, 15th May 2014

Source: www.guardian.co.uk

Merrill Academy teacher Leigh White banned for life – BBC News

‘A teacher who kissed and cuddled a pupil has been banned from the profession for life.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk

Judges criticise impact of legal aid cuts – The Guardian

‘There has been a large increase in unrepresented claimants, outbreaks of courtroom violence, extra litigation and increased costs, according to senior judges who have criticised the impact of legal aid cuts in the family courts.’

Full story

The Guardian, 14th May 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 14th, 2014 in legislation by sally

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 3) Order 2014

The Urban Development Corporations in England (Area and Constitution) Order 2014

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 14th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S (Children, W & T), Re [2014] EWCA Civ 638 (14 May 2014)

JKX Oil & Gas Plc & Ors v Eclairs Group Ltd [2014] EWCA Civ 640 (13 May 2014)

High Court (Administrative Court)

Waryoba, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1496 (Admin) (13 May 2014)

High Court (Chancery Division)

The Registrar of Companies v Swarbrick & Ors (Administrators of Gardenprime Ltd) [2014] EWHC 1466 (Ch) (13 May 2014)

Source: www.bailii.org

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) – Supreme Court

R (on the application of Fitzroy George) (Respondent) v The Secretary of State for the Home Department (Appellant) [2014] UKSC 28 (YouTube)

Supreme Court, 14th May 2014

Source: www.youtube.com/user/UKSupremeCourt

What can we learn from drug courts? – Halsbury’s Law Exchange

‘Why were drug courts set up?

The introduction of drug courts in the UK has followed a slightly different trajectory to other jurisdictions, where drug courts filled an important gap in the range of community-based sanctions available to the courts to deal with drug-related crime.’

Full story

Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

Letting agents ‘will have to publish their fees in full’ – BBC News

Posted May 14th, 2014 in bills, consumer protection, fees, landlord & tenant, news, regulations, rent by sally

‘The government has said letting agents in England face a new obligation to display full details of their fees both on their websites and in their offices.’

Full story

BBC News, 14th May 2014

Source: www.bbc.co.uk