Care Proceedings: The European Dimension – Family Law Week
‘Michael Jones, barrister of 15 Winckley Square Chambers, offers a guide to practitioners conducting care proceedings involving families with European origins.’
Family Law Week, 25th March 2014
Source: www.familylawweek.co.uk
An English Judge in Europe – The Rt Hon. Lady Justice Arden
An English Judge in Europe (PDF)
Speech by The Rt Hon. Lady Justice Arden
Judiciary of England and Wales, 11th March 2014
Source: www.judiciary.gov.uk
Contempt of Court: reducing the publisher’s risk of breaching court reporting restrictions – Law Commission
‘The Law Commission is recommending that a new online service be established to help journalists and publishers reporting criminal trials discover whether reporting restrictions are in force and, if so, why. The service would be open to all publishers, from large media organisations to individual bloggers.’
Law Commission, 26th March 2014
Source: www.lawcommission.justice.gov.uk
Blankley v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily
‘The termination of a solicitor’s actual authority by reason of a client’s supervening mental incapacity did not, it itself, automatically frustrate the underlying contract of retainer.’
WLR Daily, 5th February 2014
Source: www.iclr.co.uk
Supreme Court set to hear latest in series of village green cases – Local Government Lawyer
‘The latest in a series of village green cases to reach the Supreme Court will be heard next week by a five-judge panel led by Lord Neuberger.’
Local Government Lawyer, 25th March 2014
Source: www.localgovernmentlawyer.co.uk
Released short term prisoner face another two weeks behind bars if they ignore new supervision – Daily Telegraph
‘Damian Green, Justice minister, announces new powers for magistrates to ensure new supervision orders are met.’
Daily Telegraph, 25th March 2014
Source: www.telegraph.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014
The Protection of Wrecks (Designation) (England) Order 2014
The European Parliamentary Elections (Welsh Forms) Order 2014
The Financial Services (Banking Reform) Act 2013 (Commencement No. 2) Order 2014
The Financial Services (Banking Reform) Act 2013 (Commencement No. 3) Order 2014
The Tribunal Security Order 2014
The Wireless Telegraphy (Limitation of Number of Licences) Order 2014
The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 11) Order 2014
The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 3) Regulations 2014
The National Health Service Trusts (Membership and Procedure) Amendment Regulations 2014
The European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2014
The Children and Families Act 2014 (Commencement No. 1) Order 2014
The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2014
Source: www.legislation.gov.uk
R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) – Supreme Court
Supreme Court, 12th March 2014
P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court
Supreme Court, 19th March 2014
Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily
‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily
‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’
WLR Daily, 19th March 2014
Source: www.iclr.co.uk
Delay to the operation of new unified patent court – OUT-LAW.com
‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’
OUT-LAW.com, 24th March 2014
Source: www.out-law.com
Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer
‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’
Local Government Lawyer, 24th March 2014
Source: www.localgovernmentlawyer.co.uk
Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association
‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’
UK Constitutional Law Association, 25th March 2014
Source: www.ukconstitutionallaw.org
Judge cites Karl Marx in rejecting law firm’s bid to exit professional indemnity scheme – Legal Futures
‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’
Legal Futures, 25th March 2014
Source: www.legalfutures.co.uk
Right to privacy: can we really trust Google Glass? – Halsbury’s Law Exchange
‘It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.’
Halsbury’s Law Exchange, 24th March 2014
Source: www.halsburyslawexchange.co.uk
