Finance & Divorce Update – Family Law Week
‘Jessica Craigs, senior solicitor with Mills & Reeve LLP analyses the financial remedies and divorce news and cases published in July.’
Family Law Week, 11th August 2014
Source: www.familylawweek.co.uk
The role of judges in human rights jurisprudence: a comparison of the Australian and UK experience – Speech by Lord Neuberger
The role of judges in human rights jurisprudence: a comparison of the Australian and UK experience (PDF)
Lord Neuberger
Supreme Court of Victoria, Melbourne, 8th August 2014
Source: www.supremecourt.uk
Recent Statutory Instruments – legislation.gov.uk
The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No. 5) Order 2014
The Childcare (Childminder Agencies) (Miscellaneous Amendments) Regulations 2014
The Childcare (Childminder Agencies) (Cancellation etc.) Regulations 2014
The Tribunal Procedure (Amendment No. 3) Rules 2014
Source: www.legislation.gov.uk
UK prisoners denied the vote should not be paid compensation, ECHR rules – The Guardian
‘The European court of human rights (ECHR) has ruled that prisoners who have not been allowed to vote should not be paid compensation.’
The Guardian, 12th August 2014
Source: www.guardian.co.uk
Robbers who threatened boy with axe jailed – BBC News
‘Three men have been jailed for a series of robberies across the Midlands, including one in which they held an axe to the throat of a nine-year-old boy.’
BBC News, 11th August 2014
Source: www.bbc.co.uk
Daniel Palmer found guilty of Portuguese man’s murder – BBC News
‘A man has been found guilty of the murder of a Portuguese immigrant who was about to travel home after failing to find work in the UK.’
BBC News, 11th August 2014
Source: www.bbc.co.uk
Two men cleared of manslaughter after slimmer died from drinking weedkiller – The Guardian
‘Two men have been cleared of the manslaughter of a slimmer who died after drinking weedkiller that was given to him as a weight-loss aid at his local gym.’
The Guardian, 11th August 2014
Source: www.guardian.co.uk
Abolishing prison sentences for drug users: sensible or a step too far? – Halsbury’s Law Exchange
‘Nick Clegg announced last week that a pledge to abolish prison sentences for the possession of drugs for personal use will form part of the Liberal Democrat’s manifesto for the next election. The manifesto commitment would include a promise to move the drug policy lead from the Home Office to the Department of Health, and would seek to divert users into treatment for their addiction, community sentences, or to civil penalties that do not attract a criminal record. The plans would even extend to the possession of Class A substances such as heroin and crack cocaine. This is a controversial proposal, but does it have merit?’
Halsbury’s Law Exchange, 11th August 2014
Source: www.halsburyslawexchange.co.uk
Judges ‘too ready’ to follow Strasbourg rulings, says Lord Neuberger – Daily Telegraph
‘President of the Supreme Court admits ‘we should be more ready not to follow’ European Court of Human Rights.’
Daily Telegraph, 11th August 2014
Source: www.telegraph.co.uk
Strasbourg payout ruling due on jail vote ban – BBC News
‘The European Court of Human Rights (ECHR) is due to rule on whether prisoners who have been denied the vote should get compensation.’
BBC News, 12th August 2014
Source: www.bbc.co.uk
Justice Secretary Chris Grayling’s policy ‘responsible for prisoner suicides’ – The Independent
‘Chief Inspector slams Justice Secretary for failures on staffing and overcrowding.’
The Independent, 11th August 2014
Source: www.independent.co.uk
Gang leader loses court battle over crime debt – The Guardian
‘A “retired” high-profile criminal has lost a high court battle over how much he has to pay back from his days of crime.’
The Guardian, 11th August 2014
Source: www.guardian.co.uk
M v Times Newspapers Ltd and others – WLR Daily
M v Times Newspapers Ltd and others [2014] EWCA Civ 1132; [2014] WLR (D) 371
‘The decision of a court to allow publication of a report which might lead to the identification of a person who had been arrested but not charged with any offence and was not a party to criminal proceedings would not be interfered with unless the court, in carrying out the evaluative exercise of balancing the competing public interest of freedom of expression in a report of court proceedings against the person’s right to private and family life, had erred in principle or reached a conclusion which was plainly wrong.’
WLR Daily, 1st August 2014
Source: www.iclr.co.uk
Tidal Energy Ltd v Bank of Scotland plc – WLR Daily
Tidal Energy Ltd v Bank of Scotland plc [2014] EWCA Civ 1107; [2014] WLR (D) 369
‘Rapid electronic payment between accounts using the CHAPS transfer system was made by reference to the sort code, bank name and account number, not the customer name, in order to process the payment within the maximum time of 1.5 hours. The CHAPS transfer form was to be construed in accordance with that banking practice to give it commercial sense and accordingly a bank was not liable to a customer for a payment made into an account at a different bank by reference to the sort code and account number on the transfer form completed by the customer, but with a different customer name from that on the form.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Young v Anglo American South Africa Ltd and others – WLR Daily
Young v Anglo American South Africa Ltd and others (No 2) [2014] EWCA Civ 1130; [2014] WLR (D) 370
‘Where a company had its statutory seat and principal place of business outside England, to determine whether a claim against it could be brought in England for the purposes of article 60(1)(b) of Council Regulation (EC) No 44/2001, the claimant had to show a good arguable case that England was the jurisdiction where the company had its “central administration”, which was the place where, through its relevant organs according to its own constitutional provisions, it took the decisions essential for that its operations.’
WLR Daily, 31st July 2014
Source: www.iclr.co.uk
Regina v Ali (Salah) – WLR Daily
Regina v Ali (Salah) [2014] EWCA Crim 1658; [2014] WLR (D) 366
‘It was permissible for the statutory assumptions in section 10 of the Proceeds of Crime Act 2002 to be applied in a case where a defendant was either voluntarily or involuntarily absent through illness.’
WLR Daily, 31st August 2014
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Misuse of Drugs (Amendment No. 2) (England, Wales and Scotland) Regulations 2014
The Police Act 1997 (Criminal Records) (Amendment) (No. 3) Regulations 2014
The Special Educational Needs (Consequential Amendments to Subordinate Legislation) Order 2014
The Special Educational Needs (Miscellaneous Amendments) Regulations 2014
The Criminal Justice Act 2003 (Surcharge) (Amendment) Order 2014
The School Teachers’ Pay and Conditions Order 2014
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Seakom Ltd & Anor v Knowledgepool Group Ltd [2014] EWCA Civ 1164 (08 August 2014)
High Court (Chancery Division)
Garcha & Ors v The Charity Commission for England and Wales [2014] EWHC 2754 (Ch) (05 August 2014)
Thomas Pink Limited v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) (31 July 2014)
High Court (Administrative Court)
Hamill v The Chelmsford Magistrates’ Court & Anor [2014] EWHC 2799 (Admin) (08 August 2014)
High Court (Family Division)
R (A Child) [2014] EWHC 2802 (Fam) (22 July 2014)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov & Ors [2014] EWHC 2788 (Comm) (08 August 2014)
Source: www.bailii.org
