Unfinished business – New Law Journal
‘Dominic Regan predicts the likely civil procedure developments for 2014.’
New Law Journal, 29th January 2014
Source: www.newlawjournal.co.uk
Afghan refugee wins ‘Taliban’ libel case – BBC News
‘An Afghan refugee granted asylum in the UK has accepted substantial libel damages over a newspaper accused him of being a member of the Taliban.’
BBC News, 29th January 2014
Source: www.bbc.co.uk
Barristers tell Parliament that some GCHQ mass surveillance is illegal – UK Human Rights Blog
‘Two barristers have advised a Parliamentary committee that some mass surveillance allegedly undertaken by the UK’s security services is probably illegal. Jemima Stratford QC and Tim Johnston’s advice (PDF) was commissioned by the chair of the All Party Parliamentary Group on Drones.’
UK Human Rights Blog, 29th January 2014
Source: www.ukhumanrightsblog.com
Offenders with learning disabilities ‘not supported’ – BBC News
‘Offenders with learning disabilities are not getting the support they need from police, probation and prosecution services, an inspection has found.’
BBC News, 30th January 2014
Source: www.bbc.co.uk
Police for hire: Judge hits out at Met’s agreement to aid Virgin Media in a private prosecution – The Independent
‘The UK’s most senior judge has criticised a deal that saw the Metropolitan Police agree to help Virgin Media in a private prosecution of a gang of fraudsters in exchange for a share of the compensation, it was reported.’
The Independent, 30th January 2014
Source: www.independent.co.uk
Wrongly-detained Ghanaian to receive High Court damages – BBC News
‘A mentally-ill Ghanaian man who was wrongly held in immigration detention centres is to receive “substantial” damages following a High Court ruling.’
BBC News, 29th January 2014
Source: www.bbc.co.uk
Domestic abuse – why creating a specific offence is not the answer – Halsbury’s Law Exchange
‘The Offences Against the Person Act has been in law since 1861. It covers all forms of physical assault ranging from the most serious, such as stabbing someone, to common assault which can be committed merely by spitting at someone. Marital rape is an offence, as is pursuing a course of conduct which amounts to harassment. Despite these laws, MPs are now seeking to introduce a new offence of Domestic Abuse, aimed solely at offences carried out within relationships. The offence would be defined as, “intentionally, wilfully or recklessly causing, or attempting to cause, physical injury or psychological harm to a person”.’
Halsbury’s Law Exchange, 29th January 2014
Source: www.halsburyslawexchange.co.uk
Judge backs claim by grandmother for financial support from council – Local Government Lawyer
‘A grandmother has won a High Court battle with a council over the financial support she claimed she should have received to care for her 11-year-old granddaughter.’
Local Government Lawyer, 29th January 2014
Source: www.localgovernmentlawyer
Council acted unlawfully in refusing tenancy – UK Human Rights Blog
‘The High Court has held that a local authority had abused its powers by refusing to offer a solicitor a new lease of the claimant’s office premises.’
UK Human Rights Blog, 29th January 2014
Source: www.ukhumanrightsblog.com
Torbay sex assault doctor Suhail Ahmed sentence extended – BBC News
‘A junior doctor who sexually assaulted and secretly photographed female patients during examinations has had one extra year added to his jail sentence by Court of Appeal judges.’
BBC News, 29th January 2014
Source: www.bbc.co.uk
Two-month deadline over in-app charges – BBC News
‘Creators of mobile apps that promote in-app purchases are being given two months to comply with Office of Fair Trading guidelines’
BBC News, 30th January 2014
Source: www.bbc.co.uk
Prosecutors drop case against men caught taking food from Iceland bins – The Guardian
‘Three men caught taking discarded food from bins outside an Iceland store will not now be prosecuted after an explosion of criticism over the decision to bring charges against them, including from the company’s chief executive.’
The Guardian, 29th January 2014
Source: www.guardian.co.uk
Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers
‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’
Sovereign Chambers, 29th January 2014
Source: www.sovereignchambers.co.uk
A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court
‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’
Full story (Word)
Six Pump Court, 29th January 2014
Source: www.6pumpcourt.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Virgin Media Ltd, R (on the application of) v Zinga [2014] EWCA Crim 52 (24 January 2014)
Cooke, & Ors, R. v [2014] EWCA Crim 53 (24 January 2014)
High Court (Queen’s Bench Division)
Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB) (24 January 2014)
High Court (Family Division)
A Local Authority v DG & Ors [2014] EWHC 63 (Fam) (24 January 2014)
Divall v Divall [2014] EWHC 95 (Fam) (24 January 2014)
High Court (Technology and Construction Court)
Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC) (24 January 2014)
High Court (Commercial Court)
Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm) (27 January 2014)
Glencore Energy UK Ltd v Cirrus Oil Services Ltd [2014] EWHC 87 (Comm) (24 January 2014)
High Court (Patents Court)
Astrazeneca AB & Anor v KRKA, DD Novo Mesto & Anor [2014] EWHC 84 (Pat) (24 January 2014)
Source: www.bailii.org
Is a cheque book better than a defence statement? – Six Pump Court
‘There has recently been a subtle movement away from the traditional approach deployed by the State to tackle economic crime and its consequences. Whilst the criminal justice system is wheeled out and deployed in the more serious or headline capturing cases, there appears to have been a concerted attempt by the government to impose economic penalties and fines upon individuals and companies involved in financial misfeasance through the civil or regulatory route and thus sidestepping the more traditional criminal one.’
Full story (Word)
Six Pump Court, 29th January 2014
Source: www.6pumpcourt.co.uk
Proving and disproving discrimination – Cloisters
‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:
a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’
Full story (PDF)
Cloisters, 14th January 2014
Source: www.cloisters.com
