Flawed SRA investigation leads tribunal to strike out case – Legal Futures

‘The Solicitors Disciplinary Tribunal (SDT) has taken the unusual step of striking out a case against two solicitors in the middle of the hearing, after the integrity of the investigation by the Solicitors Regulation Authority (SRA) was thrown into question.’

Full story

Legal Futures, 14th March 2014

Source: www.legalfutures.co.uk

Recent Statutory Instruments

Posted March 14th, 2014 in legislation by sally

The Criminal Justice Act 2003 (Commencement No. 32) Order 2014

The Anti-social Behaviour, Crime and Policing Act 2014 (Commencement No.1) Order 2014

The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014

The Central African Republic (European Union Financial Sanctions) Regulations 2014

The Unauthorised Unit Trusts (Tax) (Amendment) Regulations 2014

The Charitable Deductions (Approved Schemes) (Amendment) Regulations 2014

The Immigration and Nationality (Cost Recovery Fees) Regulations 2014

The Legislative Reform (Payments by Parish Councils, Community Councils and Charter Trustees) Order 2014

The Building Regulations &c. (Amendment) Regulations 2014

The Patents (Amendment) Rules 2014

The Co-ordination of Regulatory Enforcement (Enforcement Action) (Amendment) Order 2014

The National Park Authorities (England) (Amendment) Order 2014

The Town and Country Planning (Compensation) (England) (Amendment) Regulations 2014

The Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014

The Enterprise and Regulatory Reform Act 2013 (Listed Buildings Certificate of Lawfulness) (Hearings and Inquiries Procedures) (Consequential Amendments) (England) Order 2014

The Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) Regulations 2014

The Planning (Listed Buildings and Conservation Areas) (Heritage Partnership Agreements) Regulations 2014

The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014

The Income Tax (Pay As You Earn) and the Income Tax (Construction Industry Scheme) (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening) – WLR Daily

Posted March 14th, 2014 in closed material, disclosure, evidence, law reports, news, police by sally

Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening); [2014] UKSC 17;  [2014] WLR (D)  123

‘On the hearing of an application by a police officer for a production order under section 9 of, and Schedule 1 to, the Police and Criminal Evidence Act 1984, seeking access to journalistic material held by a news organisation for the purposes of an investigation into an alleged offence, the court could not have regard to evidence adduced by the police in support of the application which had not been disclosed to the news organisation.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Regina v Elsayed – WLR Daily

Posted March 14th, 2014 in confiscation, drug offences, law reports, proceeds of crime by sally

Regina v Elsayed; [2014] EWCA Crim 333;  [2014] WLR (D)  125

‘For the purposes of confiscation proceedings the market value of drugs might vary depending for example on the time at which the drugs were obtained or the capacity or role of the person obtaining them and a judge was entitled to make findings of fact as to what a defendant would do with those drugs, ie sell them as a dealer at street level. Such findings of fact necessarily bore on the value of the property obtained by the defendant.’

WLR Daily, 4th March 2014

Source: www.iclr.co.uk

Regina (Evans) v Attorney General – WLR Daily

Regina (Evans) v Attorney General; [2014] EWCA Civ 254;  [2014] WLR (D)  124

‘The issue of a certificate by the Attorney General, an accountable person under the Freedom of Information Act 2000, of a certificate under section 53(2) of the Act so as to override and render ineffective a decision of an independent and impartial tribunal required more than that he merely disagreed with the tribunal’s determination. Examples of what would suffice were that there had been a material change of circumstances since the tribunal’s decision or that it was clearly flawed in fact or in law.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

Dunhill v Burgin (Nos 1 and 2) – WLR Daily

Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18;  [2014] WLR (D)  122

‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’

WLR Daily, 12th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 14th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Onu v Akwiwu & Anor [2014] EWCA Civ 279 (13 March 2014)

Gohil v Gohil [2014] EWCA Civ 274 (13 March 2014)

Simon v Byford & Ors [2014] EWCA Civ 280 (13 March 2014)

F (A Child), Re [2014] EWCA Civ 275 (13 March 2014)

SE (Zimbabwe) v The Secrtary of State for the Home Department [2014] EWCA Civ 256 (13 March 2014)

Hoyle v Rogers & Anor [2014] EWCA Civ 257 (13 March 2014)

High Court (Administrative Court)

Dukeminster Ltd, R (On the Application Of) v Exeter City Council [2014] EWHC 664 (Admin) (13 March 2014)

Flatley, R (On the Application Of) v Hywel Dda University Health Board [2014] EWHC 655 (Admin) (13 March 2014)

Director of Public Prosecutions v Issler & Anor [2014] EWHC 669 (Admin) (12 March 2014)

High Court (Patents Court)

Kennametal Inc v Pramet Tools SRO & Anor [2014] EWHC 565 (Pat) (05 March 2014)

High Court (Queen’s Bench Division)

Lu v Nottingham University Hospitals NHS Trust [2014] EWHC 690 (QB) (13 March 2014)

Source: www.legislation.gov.uk

Jackson reforms a ‘serious risk’ to justice, says Law Society – Law Society’s Gazette

Posted March 14th, 2014 in budgets, case management, consultations, costs, news, solicitors by sally

‘Civil litigation reforms implemented last year pose a risk of injustice to clients and a serious reputational risk for solicitors, the Law Society has said.’

Full story

Law Society’s Gazette, 13th March 2014

Source: www.lawgazette.co.uk

Frozen sperm fight ends in victory – BBC News

Posted March 14th, 2014 in assisted reproduction, consent, human tissue, married persons, news by sally

‘A widow’s legal battle to keep her dead husband’s frozen sperm is finally over after the fertility regulator said it would not take the case back to the courts.’

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

Man forged mother’s signature to cut sister from will – Daily Telegraph

Posted March 14th, 2014 in forgery, news, wills by sally

‘A man who accused his unemployed sister of waiting for their mother to die so she could cash in on her inheritance forged the signature on his parent’s will when she lay on her deathbed, a judge has ruled.’

Full story

Daily Telegraph, 13th March 2014

Source: www.telegraph.co.uk

Fatal bug surgeon John Lu wins disclosure case – BBC News

Posted March 14th, 2014 in consent, disclosure, doctors, medical treatment, news by sally

‘A surgeon who unwittingly spread a fatal infection cannot be forced to tell future patients about his clinical history, the High Court has ruled.’

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

David Blunkett ‘regrets injustices’ of indeterminate sentences – BBC News

Posted March 14th, 2014 in news, sentencing, sexual offences, violent offenders by sally

‘Ex-home secretary David Blunkett has expressed “regret” that indeterminate jail terms, brought in while he was in office, have led to “injustices”. The Criminal Justice Act of 2003 introduced Indeterminate Sentencing for Public Protection or IPP, designed for serious sexual and violent offenders in England and Wales. But IPP numbers mushroomed, with many in jail well past their minimum terms.

Full story

BBC News, 13th March 2014

Source: www.bbc.co.uk

OFT: ‘significant gaps’ in university prospectuses – Daily Telegraph

Posted March 14th, 2014 in advertising, consumer protection, fees, news, universities by sally

‘The Office of Fair Trading (OFT) warns that universities are failing to supply students with enough information before they apply, but finds no evidence of ‘fee fixing’ between institutions.’

Full story

Daily Telegraph, 14th March 2014

Source: www.telegraph.co.uk

Supreme Court places protection of vulnerable parties ahead of need for finality in litigation – Litigation Futures

‘The policy underlying the Civil Procedure Rules is that protected parties need protection not only from themselves but also from their legal advisers, the Supreme Court ruled yesterday.’

Full story

Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures

Posted March 13th, 2014 in budgets, case management, costs, news, service, time limits by sally

‘A High Court judge yesterday sought to “reinforce the message that the Commercial Court will firmly discourage the taking of futile and time-wasting procedural points” as it appeared the message from last month’s Summit Navigation ruling “may not yet have been heard”.’

Full story

Litigation Futures, 13th March 2014

Source: www.litigationfutures.com

Withers ordered to pay out £1.6m over negligence claim – Legal Futures

Posted March 13th, 2014 in damages, drafting, law firms, negligence, news, solicitors by sally

‘Leading London law firm Withers has been ordered to pay £1.6m in damages after the High Court upheld a claim of professional negligence over the drafting of an LLP agreement.’

Full story

Legal Futures, 13th March 2014

Source: www.legalfutures.co.uk

Review of veterans within the Criminal Justice System: call for evidence – Ministry of Justice

Posted March 13th, 2014 in armed forces, consultations, criminal justice, rehabilitation by sally

‘This review aims to identify properly the reasons for ex-Service personnel ending up in the justice system and how support can be improved.’

Full consultation

Full press release

Ministry of Justice, 13th March 2014

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

Are the judges too powerful? – Speech by The Rt Hon Lord Dyson, Master of the Rolls

Posted March 13th, 2014 in judges, judiciary, speeches by sally

‘Mr Bentham was no great admirer of the judiciary. He once said “the same fungus, which when green, is made into Bar, is it not, when dry, made into Bench?” He distrusted the judges. When drafting a “New Plan for the organisation of the Judicial Establishment in France” in the 1820s, he was adamant that judges should not be permitted to legislate: “Appointed for the express purpose of enforcing obedience to the laws, their duty is to be foremost in obedience. Any attempt on the part of the judge to frustrate or unnecessarily to retard the efficacy of what he understands to have been the decided meaning of the legislature, shall be punished with forfeiture of his office.” ‘

Full story

Judiciary of England and Wales, 12th March 2014

Source: www.judiciary.gov.uk

Update for the profession from the Chairman of the Bar – The Bar Council

Posted March 13th, 2014 in barristers, fees, legal aid, news by sally

‘Access to justice and the quality of our justice system are currently under threat on several fronts. As we face a number of challenges, I never fail to be impressed by the sense of unity across the profession, who are determined speak out for what we believe in. I for one have no intention to deviate from that course.’

Full story

The Bar Council, 12th March 2014

Source: www.barcouncil.org.uk

Not sex discrimination to dismiss employee for post-natal depression absence after maternity leave finished, says UK EAT – OUT-LAW.com

‘It was neither sex discrimination nor discrimination related to pregnancy or maternity leave to dismiss an employee for excessive absences due to post-natal depression that took place after her maternity leave had ended, the Employment Appeal Tribunal (EAT) has found.’

Full story

OUT-LAW.com, 12th March 2014

Source: www.out-law.com