Deferred prosecution agreements to be made available next week as new guidance published – OUT-LAW.com

Posted February 18th, 2014 in bribery, deferred prosecution agreements, fraud, news, prosecutions by sally

‘Prosecutors will be able to enter into US-style ‘plea bargains’ with corporate offenders from next week, providing an alternative to prosecution in cases of economic crime such as bribery or fraud.’

Full story

OUT-LAW.com, 17th February 2014

Source: www.out-law.com

EVENT: The Stephen Lawrence Charitable Trust – 2nd Annual Criminal Justice Lecture

Posted February 18th, 2014 in Forthcoming events by sally

‘We are privileged to announce that our keynote speaker will be Michael Mansfield QC, raising the topic of ‘Undercover Policing and the Secret State’ Rt Hon. Sadiq Khan MP will chair the event. The lecture will be followed by a panel discussion and Q&A.’

Date: 25th March 2014, 18.30-9.00pm

Location: TUC, Congress House, 23-28 Great Russell Street, London WC1B 3LS

Charge: £20, Student concession £5

More information can be found here.

Judge orders fresh decision over property and care home fee payment – Local Government Lawyer

Posted February 18th, 2014 in care homes, elderly, fees, housing, local government, news by sally

‘A claimant has successfully challenged a council’s decision to uphold its reversal of a previous decision to disregard a property owned by her mother in calculating the mother’s ability to pay care home fees.’

Full story

Local Government Lawyer, 17th February 2014

Source: www.localgovernmentlawyer.co.uk

Discharge of duty by helping eviction – NearlyLegal

Posted February 18th, 2014 in appeals, housing, judicial review, local government, news by sally

‘This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.’

Full story

NearlyLegal, 17th February 2014

Source: www.nearlylegal.co.uk

‘Petite’ firearms officer wins sex discrimination case because gun was too big for her hands – Daily Telegraph

Posted February 18th, 2014 in appeals, firearms, news, police, sex discrimination, tribunals, women by sally

‘Victoria Wheatley, part of the armed unit which protects the Sellafield atomic complex, could not reach her weapon’s trigger’

Full story

Daily Telegraph, 17th February 2014

Source: www.telegraph.co.uk

Over 140 children identified as sex slaves in 2013 – The Independent

Posted February 18th, 2014 in children, news, statistics, trafficking in human beings, victims by sally

‘More than 140 children were identified as being trafficked for sexual abuse last year as the numbers of people rescued from being held as slaves soared by nearly half.’

Full story

The Independent, 18th February 2014

Source: www.independent.co.uk

Mother’s permissive parenting harmed sons, court rules in custody battle – The Guardian

Posted February 18th, 2014 in news, parental rights, residence orders by sally

‘A woman has lost custody of her two sons after a judge said she had “significantly failed” the children through permissive parenting, accepting the argument that she acted “more like a friend than a parent” to the two boys.’

Full story

The Guardian, 17th February 2014

Source: www.guaridan.co.uk

Lostprophets’ Ian Watkins: Claims paedophile could have been caught sooner – BBC News

Posted February 18th, 2014 in child abuse, complaints, inquiries, news, sexual offences, social services by sally

‘Calls have been made for an inquiry into claims paedophile rock star Ian Watkins could have been caught sooner.’

Full story

BBC News, 18th February 2014

Source: www.bbc.co.uk

Gangster husband of BBC executive jailed after two month extortion campaign – Daily Telegraph

Posted February 18th, 2014 in arson, blackmail, gangs, news, sentencing by sally

‘Career criminal Tommy Roye recruited two enforcers to have his victim’s car torched on his driveway.’

Full story

Daily Telegraph, 17th February 2014

Source: www.telegraph.co.uk

Whole-life sentences verdict due – The Guardian

Posted February 18th, 2014 in appeals, human rights, murder, news, sentencing by sally

‘Leading judges are to give a crucial ruling on Tuesday on whether whole-life sentences are legal.’

Full story

The Guardian, 18th February 2014

Source: www.guardian.co.uk

Smoking ban in cars – right idea, wrong execution – Halsbury’s Law Exchange

Posted February 17th, 2014 in children, news, prosecutions, smoking by sally

‘MPs were given a free vote last week on whether they wanted to create a law making it illegal to smoke in a car whilst a child is present.’

Full story

Halsbury’s Law Exchange, 17th February 2014

Source: www.halsburyslawexchange.co.uk

BAILII: Recent Decisions

Posted February 17th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Grant & Ors v R. [2014] EWCA Crim 143 (13 February 2014)

Court of Appeal (Civil Division)

Mohamud v Wm Morrison Supermarkets Plc [2014] EWCA Civ 116 (13 February 2014)

Ali v Washwood Heath Technology College & Ors [2014] EWCA Civ 97 (13 February 2014)

Meiklejohn v St George’s Healthcare NHS Trust & Anor [2014] EWCA Civ 120 (13 February 2014)

High Court (Queen’s Bench Division)

Parallel Media LLC v Chamberlain & Anor [2014] EWHC 214 (QB) (13 February 2014)

Wemyss v Karim & Anor [2014] EWHC 292 (QB) (13 February 2014)

High Court (Chancery Division)

Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2014] EWHC 185 (Ch) (07 February 2014)

Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch) (13 February 2014)

High Court (Family Division)

NL (A Child), Re (Appeal: Interim Care Order: Facts And Reasons) [2014] EWHC 270 (Fam) (13 February 2014)

AB (A Child), Re [2014] EWHC 276 (Fam) (13 February 2014)

High Court (Administrative Court)

Hamnett v Essex County Council [2014] EWHC 246 (Admin) (13 February 2014)

Beeres v Crown Prosecution Service (West Midlands) [2014] EWHC 283 (Admin) (13 February 2014)

Van Der Pijl v Secretary of State for the Home Department & Anor [2014] EWHC 281 (Admin) (13 February 2014)

High Court (Technology and Construction Court)

The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) (12 February 2014)

Source: www.bailii.org

‘One Bar: one voice – United for justice’ – audio recording – The Bar Council

Posted February 17th, 2014 in barristers, budgets, legal aid, news, speeches by sally

‘Audio recordings of the speeches, and contributions from the floor, from the event ‘One Bar: one voice – United for Justice’ on Saturday 8 February 2014.’

Full story

The Bar Council, 13th February 2014

Source: www.barcouncil.org.uk

Court of Protection Update – Family Law Week

‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’

Full story

Family Law Week, 16th February 2014

Source: www.familylawweek.co.uk

Regina (Walford) v Worcestershire County Council and another – WLR Daily

Posted February 17th, 2014 in care homes, community care, elderly, fees, law reports, local government, news by sally

Regina (Walford) v Worcestershire County Council and another [2014] EWHC 234 (Admin) ; [2014] WLR (D) 65

‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’

WLR Daily, 10th February 2014

Source: www.iclr.co.uk

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH – WLR Daily

Posted February 17th, 2014 in copyright, EC law, law reports by sally

H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH (Case C‑479/12); [2014] WLR (D) 66

‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Mohamud v W M Morrison Supermarkets plc – WLR Daily

Posted February 17th, 2014 in assault, employment, law reports, vicarious liability by sally

Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68

‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily

Posted February 17th, 2014 in care orders, delay, family courts, law reports, lists by sally

In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) [2014] EWHC 270 (Fam); [2014] WLR (D) 70

‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

European Commission v United Kingdom (Kingdom of Denmark and another intervening) – WLR Daily

Posted February 17th, 2014 in costs, EC law, law reports, protective costs orders by sally

European Commission v United Kingdom (Kingdom of Denmark and another intervening) (Case C‑530/11); [2014] WLR (D) 69

‘A European Union (“EU”) Directive could not be transposed by national case law since EU law conferred on individuals specific rights which would need unequivocal rules in order to be effective. In the field of public participation in decision‑making and access to justice in environmental matters, the costs regime laid down by United Kingdom case law did not ensure a claimant reasonable predictability in relation to both whether the costs of the judicial proceedings in which he became involved were payable by him and their amount, although such predictability appeared particularly necessary because judicial proceedings in the United Kingdom entailed high lawyers’ fees. Moreover, the United Kingdom’s system of cross-undertakings in respect of the grant of interim relief constituted an additional element of uncertainty and imprecision so far as concerned compliance with the requirement that proceedings not be prohibitively expensive.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk

Svensson and others v Retriever Sverige AB – WLR Daily

Posted February 17th, 2014 in copyright, EC law, internet, law reports by sally

Svensson and others v Retriever Sverige AB (Case C-466/12); [2014] WLR (D) 67

‘Under article 3(1) of Parliament and Council Directive 2001/29/EC of the of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, the provision on a website of hyperlinks to works freely available on another website did not constitute an “act of communication to the public”. Article 3(1) precluded a member state from giving wider protection to copyright holders by laying down that the concept of communication to the public included a wider range of activities than those referred to in the article.’

WLR Daily, 13th February 2014

Source: www.iclr.co.uk