Precedent H to be amended in CPR update but no news yet on costs management limit – Litigation Futures

Posted March 6th, 2014 in budgets, civil procedure rules, costs, news, time limits by sally

‘The statement of truth to be used in verifying a costs budget is to be changed, the latest update to the Civil Procedure Rules has revealed – but there is no word as yet about whether the level at which the costs management exemption kicks in will be increased.’

Full story

Litigation Futures, 6th March 2014

Source: www.litigationfutures.com

Senior judges lay bare hostility to government’s court fee rises – Litigation Futures

Posted March 6th, 2014 in consultations, courts, fees, judiciary, news by sally

‘The senior judiciary has dismantled the government’s proposals to raise court fees, questioning the underlying policy, highlighting the “clearly inadequate” evidence and warning that introducing enhanced fees in commercial cases is “unworkable”.’

Full story

Litigation Futures, 5th March 2014

Source: www.litigationfutures.com

Reshaping Justice – Speech by The Lord Thomas of Cwmgiedd, Lord Chief Justice

Posted March 6th, 2014 in charities, civil justice, Crown Court, fraud, judges, rule of law, speeches by sally

‘It is a pleasure and a privilege to have been asked to give this short address tonight. It is an important time for both Justice the organisation and for our justice system. With that in mind I want to focus on what I have described in the title as “Reshaping Justice”.’

Full speech

Judiciary of England & Wales, 4th March 2014

Source: www.judiciary.gov.uk

Annual Dinner of the Family Law Bar Association – Speech by Sir James Munby, President of the Family Division

Posted March 6th, 2014 in family courts, judges, legal history, speeches by sally

‘Since I stood here last year much has happened. I look back on a year when, between us, we have managed to achieve more than most of us had dared to hope. I look forward to a year of what I am sure will be continuing challenges.’

Full speech

Judiciary of England & Wales, 5th March 2014

Source: www.judiciary.gov.uk

Cuts to legal aid: seeking permission for judicial review – CrimeLine

Posted March 6th, 2014 in judicial review, legal aid, news, parole, prisons by sally

‘Two charities will go to court tomorrow (6 March) to seek permission to challenge the government’s decision to cut legal aid for prisoners.’

Full story

CrimeLine, 5th March 2014

Source: www.crimeline.info

New guidance will help barristers carry out their duties to clients, says regulator – Bar Standards Board

Posted March 6th, 2014 in barristers, complaints, legal profession, press releases, solicitors by sally

‘New guidance for solicitors on how they should assist barristers in telling clients of their right to complain will help members of the Bar carry out their duty, says the Bar Standards Board (BSB).’

Full press release

Bar Standards Board, 5th March 2014

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 6th, 2014 in legislation by sally

The Traffic Management (Shropshire Council) Permit Scheme Order 2014

The Council Tax Reduction Schemes (Prescribed Requirements) (England) (Amendment) Regulations 2014

The National Health Service Primary Dental Services (Miscellaneous Amendments) Regulations 2014

The Mobile Homes (Site Licensing) (England) Regulations 2014

The Allocation of Housing and Homelessness (Eligibility) (England) (Amendment) Regulations 2014

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2014

The Judicial Pensions (Contributions) (Amendment) Regulations 2014

The Civil Procedure (Amendment No.2) Rules 2014

The Driving Standards Agency and the Vehicle and Operator Services Agency (Merger) (Consequential Amendments) Regulations 2014

The Driving Standards Agency and the Vehicle and Operator Services Agency (Merger) (Consequential Amendments) Order 2014

The Enterprise and Regulatory Reform Act 2013 (Commencement No. 6, Transitional Provisions and Savings) Order 2014

Source: www.legislation.gov.uk

Regina (Freedman) v Wiltshire Council – WLR Daily

Posted March 6th, 2014 in change of use, law reports, local government, planning by sally

Regina (Freedman) v Wiltshire Council: [2014] EWHC 211 (Admin);   [2014] WLR (D)  109

‘In determining an application for a certificate for lawful use, section 191(4) of the Town and Country Planning Act 1990 entitled a local planning authority, in principle, to substitute a description of a different use from that described in the application form by the certificate had been sought, provided that the authority was satisfied, on a balance of probability, that the evidence demonstrated that the use as substituted had been carried on continuously for a period of ten years or more.’

WLR Daily 6th February 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 6th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Syed & Anor, R (on the application of) v Secretary of State for the Home Department [2014] EWCA Civ 196 (04 March 2014)

Court of Appeal (Criminal Division)

Burinskas, R v [2014] EWCA Crim 334 (04 March 2014)

High Court (Administrative Court)

RQ (Jordan)), R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWHC 559 (Admin) (05 March 2014)

Nzangane v Secretary of State for the Home Department [2014] EWHC 555 (Admin) (05 March 2014)

Wilson, R (on the application of) v The Office of the Independent Adjudicator for Higher Education & Anor [2014] EWHC 558 (Admin) (05 March 2014)

King, R (on the application of) v The Parole Board [2014] EWHC 564 (Admin) (04 March 2014)

High Court (Chancery Division)

Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 574 (Ch) (05 March 2014)

Hague Plant Ltd v Hague & Ors [2014] EWHC 568 (Ch) (05 March 2014)

Burnard v Burnard & Ors [2014] EWHC 340 (Ch) (03 March 2014)

High Court (Commercial Court)

JCA BTA Bank v Ablyazov & Ors [2014] EWHC 455 (Comm) (28 February 2014)

Barclays Bank Plc v Landgraf [2014] EWHC 503 (Comm) (28 February 2014)

High Court (Family Division)

JP v LP & Ors [2014] EWHC 595 (Fam) (05 March 2014)

Mann v Mann [2014] EWHC 537 (Fam) (05 March 2014)

Surrey County Council v ME & Ors [2014] EWHC 489 (Fam) (04 March 2014)

Ilott v Mitson & Ors [2014] EWHC 542 (Fam) (03 March 2014)

Luckwell v Limata [2014] EWHC 502 (Fam) (28 February 2014)

High Court (Queen’s Bench Division)

Samara v MBI & Partners UK Ltd & Anor [2014] EWHC 563 (QB) (04 March 2014)

Source: www.bailii.org

 

 

Derek Williams jailed over abuse images and bestiality videos – BBC News

Posted March 6th, 2014 in indecent photographs of children, news, recidivists, sentencing by sally

‘A paedophile previously spared prison because of overcrowding has been jailed for downloading child abuse images and videos of bestiality.’

Full story

BBC News, 5th March 2014

Source: www.bbc.co.uk

Stephen Lawrence: report on police corruption allegations to be published – The Guardian

Posted March 6th, 2014 in corruption, inquiries, news, police, reports by sally

‘A report into allegations that police corruption shielded the racist mob that murdered Stephen Lawrence will be published on Thursday by the Home Office. The report was ordered by the home secretary after pressure from Lady Lawrence, Stephen’s mother. She has always believed corruption played a part in police failings and hopes the new report will lead to a fresh official inquiry.’

Full story

The Guardian, 5th March 2014

Source: www.guardian.co.uk

‘Regressive attitudes’ hold up stop and search changes – BBC News

Posted March 6th, 2014 in London, news, police, stop and search by sally

‘Plans to limit police stop and search powers in England and Wales have been held up by “regressive” attitudes in Downing Street, senior Conservatives have told BBC Newsnight.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Beth Warren waits on sperm legal fight result – BBC News

‘The High Court will rule later on a widow’s attempt to prevent her dead husband’s sperm from being destroyed.’

Full story

BBC News, 6th March 2014

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 5th, 2014 in legislation by sally

The Consumer Credit Act 1974 (Green Deal) (Amendment) Order 2014

The Copyright and Duration of Rights in Performances (Amendment) Regulations 2014

The Submarine Pipe-lines (Electricity Generating Stations) (Revocation) Regulations 2014

The Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014

The Certification of Enforcement Agents Regulations 2014

The Mesothelioma Act 2014 (Commencement No.1) Order 2014

The Police Act 1996 (Equipment) (Amendment) Regulations 2014

The Personal Injuries (Civilians) Scheme (Amendment) Order 2014

The Medicines and Healthcare Products Regulatory Agency Trading Fund (Appropriation of Additional Assets and Liabilities) Order 2014

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2014

The Electoral Registration (Disclosure of Electoral Registers) (Amendment) Regulations 2014

The Electoral Registration and Administration Act 2013 (Transitional Provisions) (Amendment) Order 2014

The Competition Act 1998 (Competition and Markets Authority’s Rules) Order 2014

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2014

The Teachers’ Pensions (Amendment) Regulations 2014

The National Health Service (Primary Ophthalmic Services and Optical Payments) (Miscellaneous Amendments) Regulations 2014

The Pensions Act 2008 (Commencement No.15) Order 2014

The Crime and Security Act 2010 (Commencement No. 7) Order 2014

The National Health Service (Pharmaceutical and Local Pharmaceutical Services) (Amendment and Transitional Provision) Regulations 2014

The NHS Business Services Authority (Awdurdod Gwasanaethau Busnes y GIG) (Transfer of Staff to the National Health Service Commissioning Board) Regulations 2014

Source: www.legislation.gov.uk

Sharing Risk in Collective Actions – Competition Bulletin from Blackstone Chambers

Posted March 5th, 2014 in class actions, competition, consultations, costs, damages, news by sally

‘Readers of this blog will be familiar with the Government’s announcement, following the conclusion last year of its consultation on private actions in competition law, that it intends to introduce an “opt out” regime for collective competition law actions. In brief, unless they specifically choose to opt out, UK-domiciled consumers and businesses will automatically be included as claimants in collective actions, provided they satisfy the criteria for membership set by the Competition Appeal Tribunal when it certifies the class. One of the particular policy objectives behind this proposal is to empower small businesses and consumers to seek redress in respect of anti-competitive behaviour. The combination of the complexity and cost of seeking such redress is seen currently to form an almost insurmountable hurdle to all but the largest claims.’

Full story

Competition Bulletin from Blackstone Chambers,

Source: www.competitionbulletin.com

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same – WLR Daily

Regina (Ali) v Secretary of State for Justice; Regina (Dennis) v Same; Regina (Tunbridge) v Same [2014] EWCA Civ 194; [2014] WLR (D) 103

‘In determining whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, the Secretary of State for Justice was required to make a decision by applying the statutory test in accordance with Supreme Court guidance to the facts of the particular case. Those facts could include events which postdated the quashing of the conviction in the event that further facts of relevance to the application of the statutory test arose. The Secretary of State might come to his own view, having regard to the terms of the judgment by the Court of Appeal (Criminal Division) quashing the conviction, and provided the decision did not conflict with that judgment. The decision was then amenable to judicial review on conventional grounds of challenge, not merely because the court would have reached a different view. Save in exceptional circumstances, it should not be necessary for the court to engage in a detailed review of the facts.’

WLR Daily, 27th February 2014

Source: www.iclr.co.uk

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another – WLR Daily

Summit Navigation Ltd and another v Generali Romania Asigurare Reasigurare SA and another [2014] EWHC 398 (Comm); [2014] WLR (D) 104

‘All sanctions were not equal nor were they to be treated as equivalent to one another for the purposes of an application for relief from sanctions under CPR r 3.9.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Pullan v Wilson and others – WLR Daily

Posted March 5th, 2014 in fees, law reports, proportionality, remuneration, trusts by sally

Pullan v Wilson and others [2014] EWHC 126 (Ch); [2014] WLR (D) 107

‘An automatic entitlement of a professional trustee to charge his normal hourly rates at least unless those rates had been specified and sanctioned by other trustees and principal beneficiaries before the relevant work was undertaken would deprive a court of equity of any effective control over that trustee’s remuneration.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

Anthony White Estates Ltd v National Grid Electricity Transmission plc – WLR Daily

Posted March 5th, 2014 in appeals, compensation, contracts, energy, law reports, news, sale of land, valuation by sally

Anthony White Estates Ltd v National Grid Electricity Transmission plc [2014] EWCA Civ 216; [2014] WLR (D) 108

‘Fair compensation payable to a landowner in respect of the grant of statutory wayleave for an electricity power line, pursuant to paragraphs 6 and 7 of Schedule 4 to the Electricity Act 1989, was to be calculated by reference to the loss in value of the land and the principle of equivalence. Where a landowner had entered into a contract for the sale of land, which was conditional on the termination of an existing contractual wayleave for a power line and the removal of the line, and the Secretary of State had granted a statutory wayleave on the termination of the contractual one, the compensation to which the landowner was entitled was the difference between the contract price for the land in question at the valuation date and the open market value of the land once the statutory wayleave had been granted.’

WLR Daily, 3rd March 2014

Source: www.iclr.co.uk

The Termination of Parental Responsibility: Awaiting the Court of Appeal’s Judgment in the Appeal of CW v SG [2013] EWHC 854 (Fam) – Family Law Week

Posted March 5th, 2014 in appeals, children, family courts, news, parental responsibility by sally

‘Esther Lieu, barrister of Queen Square Chambers in Bristol, explores the circumstances in which parental responsibility may be terminated and considers the effect of s.4(2A) in anticipation of the Court of Appeal’s judgment in the appeal from CW v SG.’

Full story

Family Law Week, 4th March 2014

Source: www.familylawweek.co.uk