Northern Ireland (Miscellaneous Provisions) Act 2014
Northern Ireland (Miscellaneous Provisions) Act 2014 published
Source: www.legislation.gov.uk
Major changes in family courts – Ministry of Justice
‘The Children and Families Act has been given Royal Assent today, meaning reforms which will put children firmly at the heart of the family justice system will be introduced as part of the relaunched family court system being implemented on 22 April 2014.’
Ministry of Justice, 13th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
Council told to pay out £8k+ and instruct barrister over race track noise – Local Government Lawyer
‘The Local Government Ombudsman has told a local authority to pay out more than £8,000 after residents of a village suffered excess noise for several years from a motor racing track nearby.’
Local Governemnt Lawyer, 13th March 2014
Source: www.localgovernmentlawyer.co.uk
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.’
Legal Futures, 14th March 2014
Source: www.legalfutures.co.uk
Recent Statutory Instruments
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 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 Planning (Listed Buildings) (Certificates of Lawfulness of Proposed Works) Regulations 2014
The Accession of Croatia (Immigration and Worker Authorisation) (Amendment) Regulations 2014
Source: www.legislation.gov.uk
Regina (British Sky Broadcasting Ltd) v Central Criminal Court (B and another intervening) – WLR Daily
‘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
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
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)
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
‘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.’
Law Society’s Gazette, 13th March 2014
Source: www.lawgazette.co.uk
Man forged mother’s signature to cut sister from will – Daily Telegraph
‘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.’
Daily Telegraph, 13th March 2014
Source: www.telegraph.co.uk
David Blunkett ‘regrets injustices’ of indeterminate sentences – BBC News
‘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.
BBC News, 13th March 2014
Source: www.bbc.co.uk
OFT: ‘significant gaps’ in university prospectuses – Daily Telegraph
‘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.’
Daily Telegraph, 14th March 2014
Source: www.telegraph.co.uk
High Court brands claim of late budget filing “manifest nonsense” – Litigation Futures
‘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”.’
Litigation Futures, 13th March 2014
Source: www.litigationfutures.com
Withers ordered to pay out £1.6m over negligence claim – Legal Futures
‘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.’
Legal Futures, 13th March 2014
Source: www.legalfutures.co.uk
Review of veterans within the Criminal Justice System: call for evidence – Ministry of Justice
‘This review aims to identify properly the reasons for ex-Service personnel ending up in the justice system and how support can be improved.’
Ministry of Justice, 13th March 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
