New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures

‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’

Full story

Litigation Futures, 6th May 2014

Source: www.litigationfutures.com

Draft codes of practice for employers on preventing illegal working and avoiding discrimination during recruitment – Home Office

‘The draft codes of practice on preventing illegal working and avoiding unlawful discrimination while preventing illegal working have been laid in Parliament on Tuesday 6 May 2014 pursuant to section 19 and section 23 respectively of the Immigration, Asylum and Nationality Act 2006. They update the codes issued in February 2008.’

Full text

Home Office, 6th May 2014

Source: www.gov.uk/home-office

DPP statement following Clifford case – Crown Prosecution Service

‘Director of Public Prosecutions, Alison Saunders, said: “The prosecution in this case has proved Max Clifford’s guilt beyond reasonable doubt and the jury in this case decided that they were sure Max Clifford was guilty on eight of the eleven counts brought to court. He has rightly been held to account and sentenced today for his crimes.” ‘

Full press release

Crown Prosecution Service, 2nd May 2014

Source: www.cps.gov.uk

Regina (Lee-Hirons) v Secretary of State for Justice and another – WLR Daily

Posted May 6th, 2014 in appeals, detention, law reports, mental health, prisons, reasons by sally

Regina (Lee-Hirons) v Secretary of State for Justice and another: [2014] EWCA Civ 514; [2014] WLR (D) 183

‘Where the Secretary of State recalled a person to be detained in hospital under section 42(3) of the Mental Health Act 1983, the Secretary of State was not under a duty at common law nor under article 5.1 of the Convention for the Protection of Human Rights and Fundamental Freedoms to give his reasons for the person’s detention immediately when he was detained and thus such reasons were not required to be given in writing upon detention. However, article 5.2 required those reasons to be adequately and promptly given to him following his detention.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH – WLR Daily

Posted May 6th, 2014 in contracts, domicile, EC law, jurisdiction, law firms, law reports, regulations by sally

AMT Futures Ltd v Marzillier, Dr Meier & Dr Guntner Rechtsanwaltsgesellschaft mbH: [2014] EWHC 1085 (Comm); [2014] WLR (D) 182

‘An exclusive jurisdiction clause was a contractual benefit, the deprivation of which constituted harm suffered in that jurisdiction for the purposes of article 5(3) of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.’

WLR Daily, 11th April 2014

Source: www.iclr.co.uk

In re KP (A Child) (Abduction: Rights of Custody) – WLR Daily

In re KP (A Child) (Abduction: Rights of Custody): [2014] EWCA Civ 554; [2014] WLR (D) 181

‘The role of a judge meeting a child who was the subject of abduction proceedings under the Hague Convention should be largely that of a passive recipient of whatever communication the child wished to transmit, which the judge should not probe or seek to test.’

WLR Daily, 1st May 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 6th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Haleemudeen v Secretary of State for the Home Department [2014] EWCA Civ 558 (02 May 2014)

Mohamed & Anor v Secretary of State for the Home Department [2014] EWCA Civ 559 (02 May 2014)

Court of Appeal (Criminal Division)

Golds, R v [2014] EWCA Crim 748 (02 May 2014)

Thompson v R [2014] EWCA Crim 836 (02 May 2014)

High Court (Administrative Court)

Goldsmith International Business School, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1232 (Admin) (02 May 2014)

JF, R (on the application of) v NHS Sheffield Clinical Commissioning Group [2014] EWHC 1345 (Admin) (02 May 2014)

Goodchild-Simpson v General Medical Council [2014] EWHC 1343 (Admin) (02 May 2014)

Hafeez, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1342 (Admin) (02 May 2014)

M v Director of Legal Aid Casework & Ors [2014] EWHC 1354 (Admin) (02 May 2014)

High Court (Chancery Division)

Cosmetic Warriors Ltd & Anor v Amazon.co.uk Ltd & Anor [2014] EWHC 1316 (Ch) (02 May 2014)

Giles v The Royal National Institute for the Blind & Ors [2014] EWHC 1373 (Ch) (02 May 2014)

Wood & Anor v Waddington [2014] EWHC 1358 (Ch) (01 May 2014)

High Court (Queen’s Bench Division)

Mohammed v Ministry of Defence & Ors [2014] EWHC 1369 (QB) (02 May 2014)

Source: www.bailii.org

 

 

 

 

 

 

 

 

Cuts will not damage family justice, says Munby – Law Society’s Gazette

‘Legal aid cuts will not undermine family justice, the head of the Family Division insisted last week as he mooted plans for judge-free divorces and greater legal rights for separating cohabitees.’

Full story

Law Society’s Gazette, 5th May 2014

Source: www.lawgazette.co.uk

Liars and Divorce Lawyers: can an OS/DS hearing help and a possible future for split hearings in financial remedies? – Family Law Week

Posted May 6th, 2014 in case management, divorce, financial provision, news by sally

‘Byron James, barrister, Fourteen considers the utility of OS/DS hearings in the resolution of financial remedies disputes.’

Full story

Family Law Week, 2nd May 2014

Source: www.familylawweek.co.uk

Clean Break Orders and Spousal Maintenance: where are we now? – Family Law Week

Posted May 6th, 2014 in divorce, financial provision, news, periodical payments by sally

‘Liz Cowell, principal lawyer with Slater & Gordon analyses the case law and trends emerging from case law regarding clean breaks and termination of spousal periodical payments orders.’

Full story

Family Law Week, 30th April 2014

Sorce: www.familylawweek.co.uk

Postman took millions meant for City firms – BBC News

Posted May 6th, 2014 in fraud, news, postal service, sentencing, theft by sally

‘Ajaz Budi, 33, wept uncontrollably as he was sentenced at the Old Bailey for stealing cheques ranging from £50 to £110,000 at Mount Pleasant, London.’

Full story

BBC News, 2nd May 2014

Source: www.bbc.co.uk

Gulf War soldier takes on MoD over vaccines – BBC News

Posted May 6th, 2014 in armed forces, legal aid, medical treatment, news, vaccination by sally

‘A soldier has won legal aid in his fight to find out what the Ministry of Defence knew of the health risks of the vaccinations given to troops ahead of the first Gulf War.’

Full story

BBC News, 3rd May 2014

Source: www.bbc.co.uk

Detention ruling shackles troops, says Philip Hammond – Daily Telegraph

Posted May 6th, 2014 in armed forces, detention, news by sally

‘The detention policy used by the Armed Forces in Afghanistan was unlawful, the High Court has said. After the ruling, Philip Hammond, the Defence Secretary, said the decision would tie the hands of soldiers abroad.’

Full story

Daily Telegraph, 3rd May 2014

Source: www.telegraph.co.uk

Abuse claim Beechwood children’s home residents awarded compensation – BBC News

‘Former residents at a children’s care home have been awarded compensation after claims they were sexually abused.’

Full story

BBC News, 3rd May 2014

Source: www.bbc.co.uk

Fraud lawyers not underpaid despite legal aid cuts, says justice minister – The Guardian

Posted May 6th, 2014 in barristers, financial regulation, legal aid, news, remuneration, trials by sally

‘Lawyers in complex fraud trials are not underpaid and the government is taking steps to prevent cases collapsing, the justice minister, Simon Hughes, has said. The Liberal Democrat, a critic of the legal aid cuts before entering government, said the row over very high cost cases (VHCCs) did not involve “hard-up” lawyers at the start of their careers.’

Full story

The Guardian, 4th May 2014

Source: www.guardian.co.uk

Pre-signing abortion forms is illegal, General Medical Council admits – Daily Telegraph

Posted May 6th, 2014 in abortion, consent, crime, doctors, documents, illegality, news by sally

‘More than 60 doctors who pre-signed abortion forms without knowing anything about the women concerned did break the law, the head of the General Medical Council admitted last night as pressure grew on police to investigate.’

Full story

Daily Telegraph, 5th May 2014

Source: www.telegraph.co.uk

Review after ‘Skull Cracker’ Michael Wheatley absconds – BBC News

Posted May 6th, 2014 in fugitive offenders, news, prisons, release on licence by sally

‘A review has been ordered after an armed robber dubbed “the Skull Cracker” went missing when he was temporarily allowed out of an open prison.’

Full story

BBC news, 5th May 2014

Source: www.bbc.co.uk

Train driver traumatised by death on tracks fights loss of compensation – The Independent

‘It was around midday on 31 March 2012 that Nik Douglas’s life changed forever. The 37-year-old train driver was travelling through Northallerton station on the way to Newcastle when he saw a man in his sixties standing alone on the platform. He thought nothing of the lone figure, turning instead to check the opposite platform. By the time Mr Douglas looked back again, the man was crouching on the tracks in front of his train. But because of a recent change in the law, Mr Douglas could be the last person in the country to receive compensation for such trauma.’

Full story

The Independent, 5th May 2014

Source: www.independent.co.uk

Tougher sentences for banned drivers who cause deaths – BBC News

‘Tougher sentences for banned drivers who cause death on the roads and a new offence of causing serious injury while disqualified are to be introduced.’

Full story

BBC News, 6th May 2014

Source: www.bbc.co.uk

Max Clifford jailed for eight years for indecent assaults – BBC News

Posted May 2nd, 2014 in news, sentencing, sexual offences by sally

‘Disgraced celebrity publicist Max Clifford has been jailed for a total of eight years for a string of indecent assaults against girls and young women.’

Full story

BBC News, 2nd May 2014

Source: www.bbc.co.uk