Regina (O Twelve Baytree Ltd) v Rent Assessment Panel – WLR Daily

Posted May 8th, 2014 in jurisdiction, landlord & tenant, law reports, leases, tribunals by sally

Regina (O Twelve Baytree Ltd) v Rent Assessment Panel: [2014] EWHC 1229 (Admin); [2014] WLR (D) 185

‘Notwithstanding that an applicant had given notice of its intention to withdraw an application under section 84(3) of the Commonhold and Leasehold Reform Act 2002 for determination of its right to manage premises, the Rent Assessment Panel retained jurisdiction and could either decide to dismiss the application or proceed to determine the application.’

WLR Daily, 16th April 2014

Source: www.iclr.co.uk

Tchenguiz and another v Director of the Serious Fraud Office – WLR Daily

Posted May 8th, 2014 in civil procedure rules, consent, disclosure, documents, law reports by sally

Tchenguiz and another v Director of the Serious Fraud Office: [2014] EWHC 1315 (Comm); [2014] WLR (D) 186

‘A claimant wishing to provide independent counsel with documents which had been disclosed to it in the course of civil proceedings, to obtain advice for potential criminal proceedings, needed the permission of the court to do so as such documents could not be categorised as being “for the purpose of the proceedings” in which the documents had been disclosed within CPR r 31.22.’

WLR Daily, 29th April 2014

Source: www.iclr.co.uk

Challenging discretionary housing payments by way of judicial review – Garden Court Chambers Blog

Posted May 8th, 2014 in benefits, housing, judicial review, local government, news, social services by sally

‘Desmond Rutledge looks at the role discretionary housing payments (DHPs) have assumed in the wake of the Government’s welfare reform programme and examines the scope for challenging DHP decisions.’

Full story

Garden Court Chambers Blog, 7th May 2014

Source: www.gclaw.wordpress.com

Kaneria’s life ban upheld – Sports Law Bulletin from Blackstone Chambers

Posted May 8th, 2014 in appeals, arbitration, disqualification, news, sport by sally

‘The Commercial Court has dismissed a challenge by Pakistani international bowler Danish Kaneria to a lifetime ban upheld by the Appeal Panel of the England & Wales Cricket Board’s Disciplinary Commission (“ECB”).’

Full story

Sports Law Bulletin from Blackstone Chambers, 7th May 2014

Source: www.sportslawbulletin.org

Police and prison officer killers to face life in prison – Ministry of Justice

Posted May 8th, 2014 in murder, police, press releases, prison officers, sentencing by sally

‘Anyone who kills a police or prison officer in the course of their duty will face spending the rest of their lives behind bars, Justice Secretary Chris Grayling has announced.’

Full press release

Ministry of Justice, 8th May 2014

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

Hate crime: Report finds significant progress in reducing hate crime – Home Office

Posted May 8th, 2014 in crime, crime prevention, harassment, hate crime, inciting hatred on grounds of sexual orientation, inciting racial hatred, inciting religious hatred, reports by sally

‘The Hate Crime Action Plan documents the government’s work to tackle hate crime.
A report on the progress made in the past 2 years has been published. Achievements include: better education of secondary school pupils, improved recording by police and work with major internet service providers in the UK and USA to reduce the harm caused by hate material on the internet. The report also discusses the spike in anti-Muslim sentiment following the murder of Lee Rigby.’

Full text

Home Office, 7th May 2014

Source: www.gov.uk/home-office

Bar Council to consider Jeffrey report into criminal advocacy – The Bar Council

Posted May 8th, 2014 in barristers, criminal justice, legal profession, press releases, reports by sally

‘The Bar Council, which represents barristers in England and Wales, will review and consider carefully the findings and recommendations made by Sir Bill Jeffrey in his report, “Independent Criminal Advocacy in England and Wales” published today by the Ministry of Justice.’

Full press release

The Bar Council, 7th May 2014

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2014 in legislation by sally

The Transfer of Undertakings (Protection of Employment) (Transfer of Staff to the Department for Work and Pensions) Regulations 2014

The Civil Partnership (Registration Abroad and Certificates) (Amendment) Order 2014

The Television Broadcasting Regulations 2014

The Premium Savings Bonds (Maximum Holdings) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 8th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Ahmed v Secretary of State for Communities and Local Government & Anor [2014] EWCA Civ 566 (07 May 2014)

RB v Brighton & Hove City Council [2014] EWCA Civ 561 (07 May 2014)

HH (Afghanistan) v Secretary of State for the Home Department [2014] EWCA Civ 569 (07 May 2014)

AW Group Ltd v Taylor Walton (a firm) [2014] EWCA Civ 592 (07 May 2014)

Webster & Ors v Mark Liddington & Ors [2014] EWCA Civ 560 (07 May 2014)

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567 (07 May 2014)

Tinkler & Anor v Elliott [2014] EWCA Civ 564 (07 May 2014)

Davies & Anor v Davies [2014] EWCA Civ 568 (07 May 2014)

High Court (Administrative Court)

Best v The Chief Land Registrar & Anor [2014] EWHC 1370 (Admin) (07 May 2014)

Newby Foods Ltd, R (On the Application Of) v Food Standards Agency (No. 7) [2014] EWHC 1340 (Admin) (07 May 2014)

High Court (Chancery Division)

FSS Pension Trustees Ltd v The Board of the Pension Protection Fund [2014] EWHC 1397 (Ch) (07 May 2014)

High Court (Commercial Court)

American Overseas Marine Corp v Golar Commodities Ltd [2014] EWHC 1347 (Comm) (07 May 2014)

Kaneria v The English & Wales Cricket Board Ltd [2014] EWHC 1348 (Comm) (06 May 2014)

High Court (Queen’s Bench Division)

Mughal v Telegraph Media Group Ltd [2014] EWHC 1371 (QB) (07 May 2014)

Source: www.bailii.org

Rules on party political slogans to change amid Rigby row – BBC News

Posted May 8th, 2014 in elections, news, political parties by sally

‘Rules on the description of political parties will be changed after criticism of the use of a slogan referring to murdered soldier Lee Rigby. The Electoral Commission has apologised to his family for allowing Britain First to put “Remember Lee Rigby” on voting slips in European elections. The watchdog said the use of his name had caused “deep offence and distress”.’

Full story

BBC News, 7th May 2014

Source: www.bbc.co.uk

Legal Ombudsman and complaints about claims management companies – consultation on the fees framework – Ministry of Justice

Posted May 8th, 2014 in claims management, complaints, consultations, fees, legal ombudsman by sally

‘In August 2012 the Government announced its intention for customers’ complaints about poor service provided by authorised claims management companies to be dealt with by the Legal Ombudsman. The Legal Ombudsman will provide a new avenue of redress for clients of claims management companies and will assist the Claims Management Regulator in driving out poor standards and practices in the market.

This paper sets out for consultation proposals as to how the costs the Legal Ombudsman will incur in dealing with complaints about authorised claims management companies may be recovered from the authorised claims management industry.’

Full consultation

Ministry of Justice, 7th May 2014

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

Ajmol Alom murder: Knife warnings as trio jailed – BBC News

Posted May 8th, 2014 in joint enterprise, murder, news, offensive weapons, sentencing, wounding by sally

‘Three men have been jailed for life for the murder of a “star pupil”. Aspiring doctor Ajmol Alom, 16, was stabbed in the thigh by a masked gang in an unprovoked attack near his home in Poplar, east London, on 12 August. Aminur Nadir Khan, 19, Mashudur Rahman, 22, and Ali Akbar Choudhury, 20, were jailed for a minimum of 23 years.’

Full story

BBC News, 7th May 2014

Source: www.bbc.co.uk

‘Disquiet’ among judges over lawyer quality, report finds – BBC News

Posted May 8th, 2014 in criminal justice, judiciary, legal profession, reports by sally

‘There is “disquiet” among judges about the quality of lawyers in England and Wales’s crown courts, a report says. Former civil servant Sir Bill Jeffrey’s report raises concerns about training and the “talent pipeline” for future QCs and judges, and says keeping current arrangements is not “viable”. It also says defence lawyers should get special training before working on rape and other sexual offence cases.’

Full text of report

BBC News, 7th May 2014

Source: www.bbc.co.uk

Farmer Paul Waterfall cleared over Roger Freeman bull death – BBC News

Posted May 8th, 2014 in animals, Crown Prosecution Service, delay, homicide, negligence, news by sally

‘A farmer who owned a bull or cow which killed a walker has been cleared of manslaughter by gross negligence..’

Full story

BBC News, 7th May 2014

Source: www.bbc.co.uk

Chris Grayling orders review of ‘single punch’ killings – Daily Telegraph

Posted May 8th, 2014 in assault, homicide, news, sentencing by sally

‘Chris Grayling, the Justice Secretary, has ordered a review of the way criminals who kill with a single punch are punished by the courts. The Government’s intervention – which could have a far-reaching impact on the way all types of manslaughter are sentenced – came after judges refused to increase the sentence handed down to an attacker who killed a disabled man.’

Full story

Daily Telegraph, 7th May 2014

Source: www.telegraph.co.uk

Police killers will face ‘life means life’ sentence – Daily Telegraph

Posted May 8th, 2014 in bills, murder, news, prison officers, sentencing by sally

‘The sentence for criminals who kill a police officer will be increased to the toughest “life means life” tariff under new reforms tabled by the Government.’

Full story

Daily Telegraph, 7th May 2014

Source: www.telegraph.co.uk

Metropolitan Police officers start wearing body cameras – BBC News

Posted May 8th, 2014 in evidence, London, news, pilot schemes, police, video recordings by sally

‘Met Police officers are to start wearing cameras on their uniforms as part of plans to boost transparency and accelerate convictions.’

Full story

BBC News, 8th May 2014

Source: www.bbc.co.uk

Bar Council Calls on Peers to Reject Civil Legal Aid Regulations – The Bar Council

Posted May 7th, 2014 in barristers, budgets, civil justice, legal aid, news, remuneration by sally

‘The Bar Council, which represents barristers in England and Wales, has urged Peers to reject the Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations, which severely limit the availability of legal aid for proceedings for Judicial Review.’

Full story

The Bar Council, 7th May 2014

Source: www.barcouncil.org.uk

Prison book ban may face legal challenge – BBC News

Posted May 7th, 2014 in news, prisons, rehabilitation, time limits by sally

‘A government policy that bans books being sent to prisoners in England and Wales may face a legal challenge.’

Full story

BBC News, 7th May 2014

Source: www.bbc.co.uk

Legal professional privilege does not automatically engage an EIR exception – Panopticon

Posted May 7th, 2014 in environmental protection, freedom of information, legal profession, news, privilege by sally

‘FOIA provides an exemption (s. 42) expressly for legal professional privilege; as is well known, there is ‘strong inherent weight’ in maintaining that exemption. What about the EIRs? LPP is not expressly mentioned, but regulation 12(5)(b) EIR applies to information the disclosure of which would adversely affect “the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature”. Does information attracting LPP automatically come within that exception? Many practitioners operate on the assumption that the answer is ‘yes’. The Upper Tribunal has on a previous occasion, however, left that question open: DCLG v IC and Robinson [2012] UKUT 103 (AAC); [2012] 2 Info LR 43.’

Full story

Panopticon, 6th May 2014

Source: www.panopticonblog.com