Council entitled to exclude sites from Neighbourhood Plan designation, Court of Appeal rules – OUT-LAW.com

Posted March 11th, 2014 in appeals, local government, news, planning by sally

‘The Court of Appeal has upheld the High Court’s rejection of a judicial review challenge to the decision by Wycombe District Council to designate a smaller area as a Neighbourhood Area than the one applied for.’

Full story

OUT-LAW.com, 10th March 2014

Source: www.out-law.com

Reoffending reforms – no refinement of relevance – Halsbury’s Law Exchange

‘The Government has today announced their long-awaited reforms to disclosure of previous convictions for rehabilitated offenders.’

Full story

Halsbury’s Law Exchange, 10th March 2014

Source: www.halsburyslawexchange.co.uk

Kairos Shipping Ltd and another v Enka & Co LLC and others – WLR Daily

Kairos Shipping Ltd and another v Enka & Co LLC and others: [2014] EWCA Civ 217;   [2014] WLR (D)  113

‘It is in principle possible to constitute a limitation fund under the International Convention on Limitation of Liability for Maritime Claims 1976, scheduled to the Merchant Shipping Act 1995, by means of a guarantee in the form of a letter of undertaking provided by a protection and indemnity club.’

WLR Daily, 6th March 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted March 11th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Speechley & Ors v Allott & Ors [2014] EWCA Civ 230 (10 March 2014)

High Court (Administrative Court)

Kumar, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 644 (Admin) (10 March 2014)

High Court (Chancery Division)

Manchester Ship Canal Developments Ld & Anor v Persons Unknown & Ors [2014] EWHC 645 (Ch) (10 March 2014)

High Court (Family Division)

Rubin v Rubin [2014] EWHC 611 (Fam) (10 March 2014)

Source: www.bailii.org

 

High Court backs Legal Ombudsman over barrister complaint – Law Society’s Gazette

Posted March 11th, 2014 in appeals, barristers, compensation, complaints, legal ombudsman, news by sally

‘The High Court has upheld a Legal Ombudsman decision that a barrister dealt with a complaint improperly – even though the original complaint was dismissed.’

Full story

Law Society’s Gazette, 10th March 2014

Source: www.lawgazette.co.uk

Jeffrey Davies’s colleagues sacked for gross misconduct – BBC News

‘Two South Wales Police officers have been sacked after an investigation into how a colleague sexually assaulted domestic violence victims.’

Full story

BBC News, 10th March 2014

Source: www.bbc.co.uk

Purple Parking workers win ageism battle after dozens sacked for ‘being too old’ – The Independent

‘Britain’s biggest airport car parking company, Purple Parking, has admitted age discrimination against its workers after it sacked dozens of them for being too old.’

Full story

The Independent, 10th March 2014

Source: www.independent.co.uk

Rapist George Moseley jailed for 23 years for attacks on woman and girls – BBC News

Posted March 11th, 2014 in child abuse, news, rape, sentencing, sexual offences, wounding by sally

‘A man branded a “danger to women” has been jailed for 23 years for a series of sex attacks in Hertfordshire.’

Full story

BBC News, 10th March 2014

Source: www.bbc.co.uk

Sharmila Mistry cleared of Leicester pushchair crash deaths – BBC News

Posted March 11th, 2014 in careless driving, disqualification, driving licences, fines, homicide, news by sally

‘A woman involved in a crash in which two toddlers in pushchairs were killed has been cleared of causing their deaths by careless driving.’

Full story

BBC News, 10th March 2014

Source: www.bbc.co.uk

Farmer’s daughter sues parents for slice of £7 million estate claiming she tended cows while sisters went dancing – Daily Telegraph

Posted March 11th, 2014 in agriculture, appeals, families, news, wills by sally

‘A dairy farmer’s daughter who claims she led a Cinderella existence tending the cows while her teenage siblings went dancing is suing her elderly parents for a share of their £7million estate.’

Full story

Daily Telegraph, 10th March 2014

Source: www.telegraph.co.uk

Domestic abuse: ‘Wide variations’ in police referrals to CPS – BBC News

Posted March 11th, 2014 in Crown Prosecution Service, domestic violence, news, police, prosecutions by sally

‘There are significant variations across England and Wales in the way police and prosecutors deal with cases of domestic violence, figures show. In Cheshire last year, 33% of domestic violence cases recorded as an offence were referred by police to prosecutors, with 29% in North Yorkshire, they show. But in Northumbria, the figure was just 2.6% and in Warwickshire 3.6%.’

Full story

BBC News, 10th March 2014

Source: www.bbc.co.uk

Senior police officer faces jail after fraud scam – Daily Telegraph

‘A senior police officer has been sacked and could face a jail sentence after she was caught scamming high street stores out of hundreds of pounds. Tanya Brookes was a chief inspector at Surrey Police when she committed “an extensive range of petty frauds” against household names including The White Company and Boots.’

Full story

Daily Telegraph, 10th March 2014

Source: www.telegraph.co.uk

EVENT: IALS – Innovation and continuity in law making

Posted March 10th, 2014 in Forthcoming events by sally

‘The Annual Sir William Dale Memorial Lecture, organised by the Centre for Legislative Studies at the Institute of Advanced Legal Studies.’

Date: 14th May 2014, 6.00-7.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required.

More information can be found here.

EVENT: IALS – Law, Gender and Sexuality: sources and methods in socio-legal research

Posted March 10th, 2014 in Forthcoming events by sally

‘This event, organised collaboratively by the Institute of Advanced Legal Studies (IALS), the Socio-Legal Studies Association and the British Library, will be held at IALS in London on the 19th May 2014.

As with previous events in this series of national socio-legal training days, the aim is to draw attention to archives and content that newcomers to the field may not be aware of and to consider the methodological and practical issues involved in analysing sources.

Confirmed speakers:

Professor Amanda Perry-Kessaris (Kent Law School)
Elizabeth Dawson (IALS Archives of Legal Education)
Professor Fiona Cownie (Keele University School of Law)
Heather Dawson & others (LSE Library, Archives & Special Collections)
Jon Sims (British Library)
Professor Leslie J Moran (Birckbeck School of Law)
Dr Polly Russell (British Library)
Professor Richard Collier (Newcastle Law School)
Professor Rosemary Hunter (Kent Law School)
Dr Rosie Harding (Birmingham Law School)
Daniel Monk (Birkbeck)
Dr Dominic Janes (Birkbeck)’

Date: 19th May 2014

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.

EVENT: Birkbeck – Criminalizing extreme pornography: In conversation with Myles Jackman

Posted March 10th, 2014 in Forthcoming events by sally

‘Myles Jackman is a solicitor at Hodge Jones and Allen who specializes in extreme pornography and obscenity offences. He blogs at ObscenityLawyer and tweets at @ObscenityLawyer.

Myles will be in conversation with Professor Leslie Moran. The event is part of a Law and Visual Culture seminar series.’

Date: 14th March 2014, 6.30-8.00pm

Location: Birkbeck College, Room 101, 30 Russell Square, London

Price: Free, registration required

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted March 10th, 2014 in legislation by sally

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 2) Regulations 2014

The Registration of Overseas Births and Deaths Regulations 2014

The Local Elections (Parishes and Communities) (England and Wales) (Amendment) Rules 2014

The International Tax Compliance (Crown Dependencies and Gibraltar) Regulations 2014

The Real Estate Investment Trust (Amendments to the Corporation Tax Act 2010 and Consequential Amendments) Regulations 2014

The Local Elections (Principal Areas) (England and Wales) (Amendment) Rules 2014

The Smoke Control Areas (Authorised Fuels) (England) Regulations 2014

The Consular Fees (Amendment) Order 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Miscellaneous Provisions) (No. 2) Order 2014

The Legislative Reform (Overseas Registration of Births and Deaths) Order 2014

The Smoke Control Areas (Exempted Fireplaces) (England) Order 2014

The County Court Jurisdiction Order 2014

The Electoral Commission (Limit on Public Awareness Expenditure) Order 2014

Source: www.legislation.gov.uk

The Section 5 Defamation Act 2013 Regulations: Cumbersome and of questionable benefit? – 5RB

Posted March 10th, 2014 in defamation, internet, news, regulations by sally

‘Much has been written on the mental gymnastics required by the Defamation (Operators of
Websites) Regulations 2013 (“the Regulations”) issued under section 5 of the Defamation
Act 2013 (“the Act”).’

Full story

5RB, 4th March 2014

Source: www.5rb.com

Coming to a tribunal near you: Anti-competitive practices and land agreements? – Hardwicke Chambers

Posted March 10th, 2014 in competition, enforcement, jurisdiction, news, restrictive covenants, tribunals by sally

‘The First Tier Tribunal (Property Chamber) has just been asked to decide whether it has jurisdiction to make a determination as to whether a restrictive covenant is void and unenforceable pursuant to the “Chapter I Prohibition” under the Competition Act 1998 (“the Act”).’

Full story

Hardwicke Chambers, 5th March 2014

Source: www.hardwicke.co.uk

“Game, set but not quite match” following the C of A decision re rents in administration – 11 Stone Buildings

Posted March 10th, 2014 in administrators, expenses, insolvency, leases, news, rent by sally

‘Many commercial landlords will be delighted with the Court of Appeal’s unanimous decision in Jervis v Pillar Denton Limited (Game Station) and Others [2014] EWCA Civ 180, overruling the decisions in Goldacre and Luminar. The Court of Appeal held that, applying the Lundy Granite principle, the question of whether quarterly rent due under a lease was an administration expense or a provable debt depended not on whether the rent fell due during the period of the administration, but whether the property had been used for the benefit of the administration. Sarah Clarke gives the background to these cases, sets out the Game appeal decision and highlights its consequences as well as the real concerns for officeholders.’

Full story

11 Stone Buildings, February 2014

Source: www.11sb.com

The prevention of Social Housing Fraud Act 2013: What will it do? – Hardwicke Chambers

Posted March 10th, 2014 in fraud, housing, landlord & tenant, local government, news by sally

‘This presentation considers the Prevention of Social Housing Fraud Act (―the Act‖), which came into force on 15 October 2013, from a practical perspective. A brief background to the Act will be set out below at paragraphs 3 to 7 along with the intended effects. There will then follow an examination of the provisions of the Act and an evaluation of its likely future impact and use, particularly on and by local authorities and housing associations.’

Full story

Hardwicke Chambers, 28th February 2014

Source: www.hardwicke.co.uk