Small claims courts ‘failing the public’ – Daily Telegraph

Posted April 11th, 2014 in costs, delay, news, small claims by sally

‘Increasing costs and lengthy delays before hearings are causing people to shun small claims courts.’

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Daily Telegraph, 11th April 2014

Source: www.telegraph.co.uk

Irascible does not mean incapable – Court of Protection – UK Human Rights Blog

Posted April 11th, 2014 in community care, medical treatment, news by sally

‘This was a case about determination of mental capacity, which both judge and counsel described as “particularly difficult and finely balanced”. The judge was confronted with a great deal of conflicting evidence about the capabilities of the individual in question, but concluded in the end that’

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UK Human Rights Blog, 10th April 2014

Source: www.ukhumanrightsblog.com

CoA dismisses silk VAT appeal but criticises judge’s handling of the case – The Lawyer

Posted April 11th, 2014 in appeals, barristers, judges, news, tax evasion, VAT by sally

‘A senior criminal judge has been criticised over his handling of a trial last year, which led to the conviction of former 39 Essex Street barrister Rohan Pershad QC.’

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The Lawyer, 10th April 2014

Source: www.thelawyer.com

Frances Andrade suicide ‘could and should’ have been prevented – BBC News

Posted April 11th, 2014 in child abuse, news, police, reports, sexual offences, suicide, victims, witnesses by sally

‘The suicide of a violinist days after she testified in court against an ex-choirmaster “could and should” have been prevented, a report has said.’

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BBC News, 10th April 2014

Source: www.bbc.co.uk

Should judges question vulnerable witnesses? – Halsbury’s Law Exchange

Posted April 11th, 2014 in barristers, cross-examination, judiciary, news, professional conduct, witnesses by sally

‘Sir Keir Starmer, the former Director of Public Prosecutions, has been in the news this week with the suggestion that vulnerable witnesses should be questioned by the Judge in the case rather than by counsel, and this idea should give us pause to reflect on both the role of the judge and the role of the advocate.’

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Halsbury’s Law Exchange, 10th April 2014

Source: www.halsburyslawexchange.co.uk

Unwitting former partner plans legal action to prevent police from returning jailed paedophile’s laptop – The Independent

Posted April 11th, 2014 in child abuse, human rights, indecent photographs of children, news, police by sally

‘The unwitting former partner of a paedophile is planning legal action after a police force said it was powerless to retain or destroy the abuser’s laptop which contains photographs of his young victims wearing swimwear and leotards.’

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The Independent, 11th April 2014

Source: www.independent.co.uk

Sharif Demirsay murder: Court scuffle after raid teens convicted – BBC News

Posted April 11th, 2014 in burglary, murder, news, young offenders by sally

‘Scuffles broke out inside a court after three teenagers were found guilty of murdering a grandfather in a raid for gold and cash at his bungalow.’

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BBC News, 10th April 2014

Source: www.bbc.co.uk

Nigel Evans verdict casts doubt over CPS decisions in sexual assault cases – The Guardian

Posted April 11th, 2014 in Crown Prosecution Service, evidence, news, prosecutions, sexual offences by sally

‘Former Commons deputy speaker’s acquittal suggests CPS may be too willing to bring charges when evidence is not very strong’

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The Guardian, 10th April 2014

Source: www.guardian.co.uk

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia – WLR Daily

Posted April 10th, 2014 in appeals, extradition, human rights, law reports, prisons by sally

Brazuks v Prosecutor General’s Office, Republic of Latvia; Zibala v Prosecutor General’s Office, Republic of Latvia; Sinicins v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin); [2014] WLR (D) 160

‘The state of the Latvian prison estate was not such as to produce a real risk that there would be a breach of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if extradition were directed.’

WLR Daily, 9th April 2014

Source: www.iclr.co.uk

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another – WLR Daily

4finance UAB v Valstybinė vartotojų teisių apsaugos tarnyba and another (Case C-515/12); [2014] WLR (D) 156

‘Annex I, point 14, of Parliament and Council Directive 2005/29/EC meant that a pyramid promotional scheme constituted an unfair commercial practice only where such a scheme required the consumer to give financial consideration, regardless of its amount, for the opportunity to receive compensation that was derived primarily from the introduction of other consumers into the scheme rather than from the sale or consumption of products.’

WLR Daily, 3rd April 2014

Source: www.iclr.co.uk

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) – WLR Daily

Posted April 10th, 2014 in adoption, appeals, carers, children, law reports, residence orders by sally

In re G (A Child) (Non-relative Carer: application for leave for residence order; application for joinder to proceedings) [2014] EWCA 432; [2014] WLR (D) 159

‘Where, in adoption proceedings, an unrelated carer sought leave to be joined and to apply for a residence order, care was required in looking to the questions of: locus under the various potentially applicable statutory provisions; whether, and if so how, to have regard to a “change in circumstances”; and whether the child’s welfare was to be regarded as paramount.’

WLR Daily, 8th April 2014

Source: www.iclr.co.uk

Early learning – New Law Journal

Posted April 10th, 2014 in arbitration, dispute resolution, employment, news, regulations, time limits by sally

‘The early conciliation scheme packs some hidden complexities notes Charles Pigott.’

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New Law Journal, 10th April 2014

Source: www.newlawjournal.co.uk

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) – Supreme Court

Deutsche Bahn AG and others (Respondents) v Morgan Advanced Materials Plc (Appellant) [2014] UKSC 24 (YouTube)

Supreme Court, 9th April 2014

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 10th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Benguit, R v [2014] EWCA Crim 690 (09 April 2014)

Gjoni v R [2014] EWCA Crim 691 (09 April 2014)

Court of Appeal (Civil Division)

W (Children) (Contact Dispute) (No. 2) [2014] EWCA Civ 401 (09 April 2014)

J-M (Child) [2014] EWCA Civ 434 (08 April 2014)

JA (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 450 (09 April 2014)

Singh v The Secretary of State for the Home Department [2014] EWCA Civ 438 (09 April 2014)

High Court (Queen’s Bench Division)

Uppal v Endemol UK Ltd & Ors [2014] EWHC 1063 (QB) (09 April 2014)

Whetstone (Trading As Whelby House Dental Practice) v Medical Protection Society Limited (Sued As Dental Protection Limited) [2014] EWHC 1024 (QB) (08 April 2014)

High Court (Chancery Division)

Napier Park European Credit Opportunities Fund Lt v Harbourmaster Pro-Rata Clo 2 B.V. & Ors [2014] EWHC 1083 (Ch) (09 April 2014)

Singh v Singh & Anor [2014] EWHC 1060 (Ch) (08 April 2014)

High Court (Administrative Court)

Brazuks & Ors v Prosecutor General’s Office, Republic of Latvia [2014] EWHC 1021 (Admin) (09 April 2014)

Refugee Action, R (On the Application Of) v The Secretary of State for the Home Department [2014] EWHC 1033 (Admin) (09 April 2014)

Grenville College London Ltd & Anor, R (On the Application Of) v The Secretary of State for the Home Department [2014] EWHC 1065 (Admin) (09 April 2014)

Stanley College London UK Ltd, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1038 (Admin) (09 April 2014)

High Court (Family Division)

London Borough of Ealing v JM & Ors [2014] EWHC 1084 (Fam) (03 April 2014)

Luckwell v Limata [2014] EWHC 1035 (Fam) (09 April 2014)

High Court (Commercial Court)

Med Marine v Castillo Schiffahrts-Gmbh & Co. KG MS & Anor [2014] EWHC 1064 (Comm) (28 March 2014)

Source: www.bailii.org

Legal aid consultation ‘unlawful’, solicitors claim – Law Society’s Gazette

Posted April 10th, 2014 in consultations, criminal justice, illegality, legal aid, news, reports, solicitors by sally

‘Criminal solicitor groups have taken the first step towards a legal challenge to the government’s decision to press ahead with cuts to criminal legal aid.’

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Law Society’s Gazette, 9th April 2014

Source: www.lawgazette.co.uk

Colin Kazim-Richards guilty of homophobic gesture at Brighton fans – The Guardian

Posted April 10th, 2014 in costs, fines, freedom of expression, homosexuality, news, obesity, sport by sally

‘The former Premier League footballer Colin Kazim-Richards was found guilty in a landmark case on Wednesday of making an “utterly disgusting” homophobic gesture at Brighton and Hove Albion fans during a football match last year.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk

Anonymity protection for under age defendants expires when they are 18: High Court – UK Human Rights Blog

Posted April 10th, 2014 in anonymity, children, explosives, media, news, terrorism, young offenders by sally

‘This case raises the question whether an order made under s. 39 of the Children and Young Persons Act 1933 … prohibiting the identification of (among others) a defendant under the age of 18 years, can last indefinitely or whether it automatically expires when that person attains the age of 18 years. It has wide implications not only for young defendants but also for victims, witnesses, others concerned in proceedings and, of course, the media. [Sir Brian Leveson P, giving the judgment of the court , opening the case at para 1].’

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UK Human Rights Blog, 9th April 2014

Source: www.ukhumanrightsblog.com

Marine Al Blackman appeals against conviction for killing Afghan – BBC News

Posted April 10th, 2014 in appeals, armed forces, courts martial, murder, news, sentencing by sally

‘A Royal Marine jailed for life for murdering an injured Taliban insurgent in Helmand in 2011 is appealing against his conviction and sentence.’

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BBC News, 10th April 2014

Source: www.bbc.co.uk

Disrepair – counterclaims after possession order – NearlyLegal

Posted April 10th, 2014 in appeals, civil procedure rules, housing, news, repossession, setting aside by sally

‘Conventionally, we’ve thought that a counterclaim would have to be raised before a possession order, or the complex and fraught option of applying to set aside the possession order would have to be followed, even assuming there was actually any basis for such an application. But there appears to be a solid argument based on Court of Appeal precedent to suggest otherwise.’

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NearlyLegal, 9th April 2014

Source: www.nearlylegal.co.uk

Trainee solicitor jailed after starving dog to death – The Guardian

Posted April 10th, 2014 in animal cruelty, news, sentencing, solicitors by sally

‘A trainee solicitor who locked her pet dog in a kitchen and left it to suffer a prolonged and painful death over six days has been jailed for 18 weeks.’

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The Guardian, 9th April 2014

Source: www.guardian.co.uk