When three into one will go – High Court rejects challenge to single costs budget for three cases – Litigation Futures

Posted February 11th, 2014 in budgets, class actions, costs, news by sally

‘The High Court has rejected a Mitchell challenge to a budget that could have left well-known car manufacturer Lotus with hundreds of thousands of pounds of costs up in smoke.’

Full story

Litigation Futures, 11th February 2014

Source: www.legalfutures.co.uk

A new approach to controlling invasive non-native species – Law Commission

Posted February 11th, 2014 in animals, environmental protection, Law Commission, news, reports, Wales by sally

‘We have published a report, making recommendations on the control of invasive non-native species as part of our project on wildlife.’

Full report

Law Commission, 11th February 2014

Source: www.www.justice.gov.uk/lawcommission

Abuse of dominance: no commercial gain, no abuse? – Competition Bulletin from Blackstone Chambers

Posted February 11th, 2014 in competition, news, transport by sally

‘Is it necessary for there to be some commercial benefit to be gained by a dominant undertaking from its conduct before that conduct can be condemned as abusive? No, says Mrs Justice Rose in Arriva the Shires Ltd v London Luton Airport Operations Ltd [2014] EWHC 64 (Ch).’

Full story

Competition Bulletin from Blackstone Chambers, 10th February 2014

Source: www.competitionbulletin.com

CS gas canister barrister to be disbarred – Bar Standards Board

‘A barrister who failed to disclose previous criminal convictions for possessing CS gas and wilfully obstructing the police is to be disbarred, following an independent public disciplinary tribunal.’

Full story

Bar Standards Board, 10th February 2014

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 11th, 2014 in legislation by sally

The West Northamptonshire Development Corporation (Transfer of Property, Rights and Liabilities) Order 2014

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2014

The Urban Development Corporations in England (Area and Constitution) Order 2014

The Three Rivers (Electoral Changes) Order 2014

The Police Act 1997 (Commencement No. 12) (England and Wales) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

S v S [2014] EWCA Civ 95 (10 February 2014)

Court of Appeal (Criminal Division)

Howe, R. v [2014] EWCA Crim 114 (10 February 2014)

High Court (Administrative Court

Walford, R (On the Application Of) v Worchestershire County Council [2014] EWHC 234 (Admin) (10 February 2014)

York Council, City of v Secretary of State for Communities and Local Government & Anor [2014] EWHC 231 (Admin) (07 February 2014)

High Court (Commercial Court)

Otkritie International Investment Management Ltd & Ors v Urumov & Ors [2014] EWHC 191 (Comm) (10 February
2014)

High Court (Queen’s Bench Division)

Yates v National Trust [2014] EWHC 222 (QB) (10 February 2014)

Hegazy & Ors v The Commissioner of Police of the Metropolis [2014] EWHC 235 (QB) (10 February 2014)

Source: www.bailii.org

Linford Christie lawyers outpaced by Mitchell penalty – Law Society’s Gazette

Posted February 11th, 2014 in budgets, civil procedure rules, costs, news, time limits by sally

‘Filing a costs budget even just a day late does not count as a “trivial” breach of rules, a county court has ruled.’

Full story

Law society’s Gazette, 11th February 2014

Source: www.lawgazette.co.uk

Women bishops law: Church asked to back fast-track scheme – BBC News

Posted February 11th, 2014 in Church of England, equality, news, women by sally

‘The general synod will be asked to approve plans later which could see the first woman bishop in the Church of England appointed by Christmas. It will be asked to fast-track the revision of the latest proposals and to cut the time given to individual dioceses to consider them. That could lead to a final vote in July and legislation in November.’

Full story

BBC News, 11th February 2014

Source: www.bbc.co.uk

Joanna Dennehy ditch murders: Pair guilty of aiding Peterborough killer – BBC News

‘Two men have been found guilty of helping triple killer Joanna Dennehy during her 12-day spree of violence.’

Full story

BBC News,  10th February 2014

Source: www.bbc.co.uk

Trade unions challenge coalition sell-off of Britain’s probation service – The Guardian

Posted February 11th, 2014 in contracting out, international law, news, probation, trade unions by sally

‘Government plans to privatise the probation service amount to a breach of the international laws on forced labour, according to a union legal challenge that is being launched on Monday.’

Full story

The Guardian, 10th February 2014

Source: www.guardian.co.uk

Prince Harry death plot criminal jailed for three years – Daily Telegraph

Posted February 11th, 2014 in attempts, guilty pleas, murder, news, sentencing by sally

‘A convicted criminal who plotted to kill Prince Harry has been jailed for three years. Ashraf Islam, 31, said he had a ”moral right to judge” the royal because he disagreed with the work of the British Armed Forces, of which Prince Harry is a member.’

Full story

Daily Telegraph, 10th February 2014

Source: www.telegraph.co.uk

Smoking in cars carrying children to be banned – Daily Telegraph

Posted February 11th, 2014 in bills, children, health, news, smoking by sally

‘MPs vote overwhelmingly in favour of banning smoking in cars carrying children after David Cameron says “time has come” to make it illegal.’

Full story

Daily Telegraph, 10th February 2014

Source: www.telegraph.co.uk

Judicial review reforms will discourage “ill-conceived and vexatious claims”, experts say – OUT-LAW.com

‘Changes to the rules governing judicial review (JR) claims will ensure that those challenging the decisions of public bodies face a “fair level of financial risk”, the Government has said.’

Full story

OUT-LAW.com, 7th February 2014

Source: www.out-law.com

Councils win High Court case over allocation of EU structural funds – Local Government Lawyer

Posted February 10th, 2014 in budgets, EC law, local government, news by sally

‘Nine local authorities have won a High Court challenge over the Government’s regional allocation of EU structural funds for 2014-2020.’

Full story

Local Government Lawyer, 10th February 2014

Source: www.localgovernmentlawyer.co.uk

Solicitor struck off for practising while suspended – Legal Futures

Posted February 10th, 2014 in costs, disciplinary procedures, licensing, news, public interest, solicitors by sally

‘A Birmingham solicitor has been struck off for practising while suspended, including appearing in court.’

Full story

Legal Futures. 10th February 2014

Source: www.legalfutures.co.uk

Legal Futures interview lands Bar Council chief in hot water with LSB – Legal Futures

Posted February 10th, 2014 in barristers, Legal Services Board, news, regulations by sally

‘Comments made by the new Bar Council chairman in an interview with Legal Futures have led the Legal Services Board (LSB) to doubt whether the Bar Council truly accepted the recent findings that it improperly influenced its regulatory arm.’

Full story

Legal Futures, 10th February 2014

Source: www.legalfutures.co.uk

Grayling’s proposals for environmental and planning judicial review – UK Human Rights Blog

‘At first sight, proposals full of sound and fury, and signifying not a great deal for planning and environmental challenges. There are some slippery costs changes which we need to look at, but some of the potentially more concerning proposals do not fully apply to this area, as I shall explain. There are also some perfectly sensible proposals about harmonising planning challenges which lawyers have been advocating for years.’

Full story

UK Human Rights Blog, 9th February 2014

Source: www.ukhumanrightsblog.com

Use of disclosed documents – Panopticon

Posted February 10th, 2014 in civil procedure rules, closed material, disclosure, documents, injunctions, news by sally

‘The important general principle is of course that a party to whom a document has been disclosed in litigation may use that document only for the purpose of the proceedings in which it is disclosed. There are, nonetheless, three significant exceptions to that principle, set out in CPR r31.22(1).’

Full story

Panopticon, 7th February 2014

Source: www.panopticonblog.com

What’s in a name? – Court of Appeal gives judgment in Edem – Panopticon

Posted February 10th, 2014 in appeals, data protection, interpretation, names, news, privacy by sally

‘Deciding whether information which arguably relates to an individual amounts to their “personal data” for the purposes of s. 1(1) of the Data Protection Act 1998 is one of the more challenging aspects of the DPA regime. In making the judgment call in any particular case, data controllers have routinely looked to the guidance set out Auld LJ’s judgment in the well known case of Durant v Financial Services Act [2003] EWCA Civ 1746, [2011] 1 Info LR 1. In his judgment, Auld LJ indicated that there were two “notions” likely to be of assistance when it came to determining whether particular data was sufficiently “personal” that if tell within the scope of the DPA.’

Full story

Panopticon, 7th February 2014

Source: www.panopticonblog.com

High Court to consider Data Protection Act bid to halt reporting of corruption allegations – Panopticon

‘Can the Data Protection Act 1998 (“DPA”) be used to prevent a respected NGO from reporting allegations of corruption by a multi-billion dollar international mining conglomerate? That is the stark question posed by Steinmetz and others v Global Witness Limited, a recently issued High Court DPA Claim.’

Full story

Panopticon, 10th February 2014

Source: www.panopticonblog.com