Current Awareness

‘Justice secretary Chris Grayling has told MPs his plans for judicial reviews will stop pressure groups using individuals as “financial human shields” to bring cases.’

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Law Society’s Gazette, 25th February 2014

Source: www.lawgazette.co.uk

Judge asks attorney general to intervene in VHCCs – Law Society’s Gazette

Posted February 26th, 2014 in amicus curiae, attorney general, barristers, budgets, fees, legal aid, legal representation, news, solicitors by sally

‘The attorney general is considering intervening to appoint an amicus curiae to assist the court on legal arguments expected to be made on behalf of defendants facing trial without representation in court, the Gazette can reveal.’

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Law Society’s Gazette, 25th February 2014

Source: www.lawgazette.co.uk

Aaron De Silva guilty of Joseph Griffiths murder – BBC News

Posted February 26th, 2014 in burglary, closed circuit television, diminished responsibility, guilty pleas, homicide, mental health, murder, news by sally

‘A prolific burglar has been convicted of murdering a grandfather whom he stabbed to death in his London home.’

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BBC News, 25th February 2014

Source: www.bbc.co.uk

Freemasons’ millions aren’t true charity, rules judge – Daily Telegraph

Posted February 26th, 2014 in charities, news, VAT by sally

‘Freemasons will be denied a multi-million pound tax break after a judge ruled that their governing body was not sufficiently “philanthropic” to be exempt from VAT, despite being the second largest charitable donor in the country.’

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Daily Telegraph, 25th February 2014

Source: www.telegraph.co.uk

Papers about Profumo scandal man ‘should be public’ – BBC News

Posted February 26th, 2014 in archives, disclosure, documents, miscarriage of justice, news, prostitution, public interest, suicide by sally

‘A decision to keep documents relating to a man who was at the centre of the Profumo sex scandal hidden should be overturned, a leading lawyer has said. The Information Commissioner is to be asked to overrule a decision by the National Archives to keep the documents about the trial of Stephen Ward hidden.’

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BBC News, 25th February 2014

Source: www.bbc.co.uk

Prisoners paid compensation for socks and stereos – Daily Telegraph

Posted February 26th, 2014 in compensation, complaints, news, ombudsmen, prisons, statistics by sally

‘ Taxpayers’ money is being wasted on paying prisoners compensation for damaged stereos and missing socks, a watchdog has revealed. Jail staff need to take greater care of prisoners’ property to avoid complaints being made and redress having to be paid to inmates, the Prisons and Probation Ombudsman (PPO) said.’

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Daily Telegraph, 25th February 2014

Source: www.telegraph.co.uk

Stafford Hospital: Hunt to decide whether to dissolve NHS Trust – BBC News

Posted February 26th, 2014 in administrators, hospitals, inquiries, news, ombudsmen, standards by sally

‘Managers at scandal-hit Stafford Hospital are waiting to hear whether Health Secretary Jeremy Hunt will dissolve the trust that runs it. Administrators want Mr Hunt to scrap the Mid Staffordshire NHS Trust and move services to other hospitals. Local people are planning a legal challenge if that decision is taken.’

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BBC News, 26th February 2014

Source: www.bbc.co.uk

Hyde Park bomb: NI Police Federation ‘appalled at grubby deal’ – BBC News

Posted February 26th, 2014 in criminal justice, devolution, explosives, murder, news, Northern Ireland, ombudsmen, police, prosecutions, terrorism by sally

‘The chairman of the Police Federation for Northern Ireland has said he is appalled at the government’s “grubby secret deal” on IRA “on-the-run” cases. He was speaking after the case of a man accused of the IRA Hyde Park bomb collapsed following what victims’ families called “a monumental blunder”. Donegal man John Downey denied killing four soldiers in the 1982 bomb. The case collapsed because government officials mistakenly told him he was no longer a wanted man.’

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BBC News, 26th February 2013

Source: www.bbc.co.uk

Mark Duggan’s mother lodges legal challenge against judge – The Guardian

Posted February 26th, 2014 in inquests, judges, judicial review, jury directions, news, police, public interest, unlawful killing by sally

‘The mother of Mark Duggan, whose fatal shooting by police provoked the 2011 riots, has lodged a legal challenge against the judge who presided over the inquest into her son’s death, which ended with a jury making a majority ruling that he was lawfully killed.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

Man jailed for killing pedestrian with punch – The Guardian

Posted February 26th, 2014 in closed circuit television, homicide, news, sentencing by sally

‘A man has been jailed for four and a half years after killing a pedestrian with a punch to the head following a row with a cyclist about riding on the pavement.’

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The Guardian, 26th February 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 25th, 2014 in law reports by sally

High Court (Chancery Division)

Constantin Medien AG v Ecclestone & Ors [2014] EWHC 387 (Ch) (20 February 2014)

Clutterbuck & Anor v Al Amoudi [2014] EWHC 383 (Ch) (20 February 2014)

Cometson & Anor v Merthyr Tydfil County Borough Council [2014] EWHC 419 (Ch) (21 February 2014)

High Court (Family Division)

K v B [2014] EWHC B7 (Fam) (31 January 2014)

SAB (A Child), Re [2014] EWHC 384 (Fam) (23 January 2014)

High Court (Commercial Court)

Mar -Train Heavy Haulage Ltd v Shipping.Dk Chartering A/S (t/a Frank&tobiesen A/S) & Ors [2014] EWHC 355 (Comm) (20 February 2014)

Summit Navigation Ltd & Anor v Generali Romania Asigurare Reasigurare SA Ardaf SA & Anor [2014] EWHC 398 (Comm) (21 February 2014)

Source: www.bailii.org

Regina v Price and another – WLR Daily

Posted February 25th, 2014 in appeals, armed forces, duty of care, law reports, negligence, standards by sally

Regina v Price and another [2014] EWCA Crim 229; [2013] WLR (D) 86

‘The standard of care required to avoid the service offence of negligent performance of a duty, contrary to section 15(2) of the Armed Forces Act 2006, was to be measured against the standard to be expected of the reasonable serviceman having similar training, knowledge and experience as the accused. A subjective consideration of a defendant’s skills or weaknesses had no place in the objective judgment whether the defendant had reached the appropriate standard of care.’

WLR Daily, 21st February 2014

Source: www.iclr.co.uk

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same – WLR Daily

Posted February 25th, 2014 in appeals, asylum, EC law, human rights, international law, law reports, refugees by sally

Regina (EM (Eritrea)) v Secretary of State for the Home Department (United Nations High Commissioner for; Refugees intervening); Regina (EH (Iran)) v Same; Regina (AE (Eritrea)) v Same; Regina (MA (Eritrea)) v Same [2014] UKSC 12; [2014] WLR (D) 89

‘A presumption that members of an alliance of states such as those which comprised the European Union would comply with their international obligations in regard to refugee protection did not extinguish the need to examine whether in fact those obligations would be fulfilled when evidence was presented that it was unlikely that they would be. The removal of a person from a member state of the European Union was forbidden if it were shown that there was a real risk that the person removed would suffer inhuman or degrading treatment in violation of article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It did not need to be shown that the source of that risk was a systemic deficiency in the asylum and reception procedures of the state to which the person was being removed.’

WLR Daily, 19th February 2014

Source: www.iclr.co.uk

Lee Rigby’s murderers – are whole life terms inevitable? – Halsbury’s Law Exchange

Posted February 25th, 2014 in human rights, murder, news, sentencing by sally

‘Michael Adebolajo and Michael Adebowale were convicted of murdering Fusilier Lee Rigby last year. Sentencing was adjourned, however, until such time as the domestic courts had ruled on the legality of the whole life tariff following the Strasbourg ruling in Vinter v UK.’

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Halsbury’s Law Exchange, 25th February 2014

Source: www.halsburyslawexchange.co.uk