Rendition to Libya an “act of state” and therefore non-justiciable – UK Human Rights Blog

‘Belhaj and another v Straw and Others [2013] EWHC 4111 (QB) 20 December 2013. The High Court has struck out claims against British establishment defendants for “unlawful rendition”. The doctrine of immunity attaching to an act of state is total bar to that such claims and is not limited by the gravity of the alleged violation of rights.’

Full story

UK Human Rights Blog, 14th January 2014

Source: www.ukhumanrightsblog.com

EVENT: Inner Temple – Is Fairchild a Leading Case of the Common Law?

Posted January 15th, 2014 in Forthcoming events by sally

‘Per Laleng, Inner Temple Academic Fellow, University of Kent.

The theme for the 2014 Lecture Series is “Recent Landmarks in the Law.”‘

Date: 20th January 2014, 6.30-7.30pm

Location: The Inner Temple

Charge: See website for details

More information can be found here.

Interpreting legal language: can “he” truly be gender neutral? – Halsbury’s Law Exchange

Posted January 15th, 2014 in gender, interpretation, news by sally

‘Until the discovery of telepathy (or perhaps some sort of machine equivalent), we must rely on language as our way of conveying unambiguous meaning to each other. That need is particularly pressing when it comes to the law. So, it was refreshing to see a discussion on language in the House of Lords recently, when Lord Scott invited a debate on personal pronouns and their semantic infelicities in Acts and statutory instruments. Or, in plain English, when is a “he” also a “she” as a matter of law? This may not sound particularly confusing, but, because judges have always had to interpret the law as written (unless there is a compelling reason not to), it is important to remove as much ambiguity from the finished Act as possible.’

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Halsbury’s Law Exchange, 14th January 2014

Source: www.halsburyslawexchange.co.uk

Nugent v Nugent – WLR Daily

Posted January 15th, 2014 in cautions, land registration, law reports, sale of land by sally

Nugent v Nugent: [2013] EWHC 4095 (Ch);   [2013] WLR (D)  516

‘The High Court’s inherent jurisdiction pertaining to the vacation of cautions registered under the Land Registration Act 1925 applied equally to applications for the cancellation of unilateral notices against title registered under the successor provisions of the Land Registration Act 2002.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 15th, 2014 in legislation by sally

The Lymington Harbour (Works) Revision Order 2014

The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2014

The Port Security (Port of Plymouth) Designation Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 15th, 2014 in law reports by sally

High Court (Administrative Court)

Shaw & Anor v Logue [2014] EWHC 5 (Admin) (13 January 2014)

High Court (Family Division)

E (A Child), Re [2014] EWHC 6 (Fam) (14 January 2014)

S v S [2014] EWHC 7 (Fam) (14 January 2014)

Source: www.bailii.org

Disclosure costs force CPS to drop drugs case – Law Society’s Gazette

‘The Crown Prosecution Service offered no evidence in a case of alleged conspiracy to supply class A drugs after the judge refused a prosecution application to adduce new evidence on the second day of the trial.’

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Law Society’s Gazette. 14th January 2014

Source: www.lawgazette.co.uk

Mitchell solicitor rules out Supreme Court appeal – Law Society’s Gazette

‘The solicitor for MP Andrew Mitchell has confirmed that the costs appeal case is unlikely to go to the Supreme Court. Graham Atkins, founding partner at London firm Atkins Thomson, told the Gazette he had looked to have the case heard at the higher court but was advised it would not be successful.’

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Law Society’s Gazette, 14th January 2014

Source: www.lawgazette.co.uk

Amritsar massacre: David Cameron launches inquiry into ‘SAS involvement’ in 1984 Golden Temple killings – The Independent

Posted January 15th, 2014 in armed forces, documents, India, inquiries, news by sally

‘David Cameron says he has launched an urgent investigation after previously secret documents appeared to show possible SAS involvement in the 1984 Amritsar massacre.’

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The Guardian, 14th January 2014

Source: www.guardian.co.uk

Saudi Arabia ‘torture’ Britons told they cannot sue – BBC News

Posted January 15th, 2014 in appeals, damages, human rights, news, Saudi Arabia, state immunity, torture by sally

‘Four British men have failed to overturn a decision by the UK’s highest court which stopped them suing Saudi Arabia for alleged torture. The European Court of Human Rights (ECtHR) ruled that the men’s human rights had not been breached by the British court’s decision.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

Family judge ‘cannot control foreign media’ – BBC News

Posted January 15th, 2014 in anonymity, children, disclosure, family courts, foreign jurisdictions, judges, media, news by sally

‘A senior family judge says he cannot stop the foreign media from publishing the story of a Slovakian mother whose son has been placed into care.’

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BBC News, 14th January 2014

Source: www.bbc.co.uk

Police chief issues partial apology over Lawrence whistleblower documents – The Guardian

‘A police chief has issued a partial apology over his attempt to force Channel 4 to hand over documents about a whistleblower who revealed how undercover officers infiltrated the campaign to bring the killers of Stephen Lawrence to justice.’

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The Guardian, 14th January 2014

Source: www.guardian.co.uk

Minimum wage fine raised to £20,000 in UK – The Guardian

Posted January 15th, 2014 in fines, minimum wage, news by sally

‘Vince Cable, the business secretary, is to toughen the regulations to ensure that a new maximum fine of £20,000 could be levied for every worker denied the minimum wage. Under the previous system, employers faced just one maximum fine of £5,000 plus a financial penalty of 50% of the missing wages.’

Full story

The Guardian, 15th January 2014

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted January 14th, 2014 in parliamentary papers by sally

Treasury minutes: Government responses on the twenty-third to the twenty-sixth, the twenty-ninth and thirtieth reports from the Committee of Public Accounts (session 2013-14), and progress on Government cash management 23rd report: Progress in tackling tobacco smuggling, 24th report: Rural Broadband Programme, 25th report: The Duchy of Cornwall, 26th report: Progress in delivering the Thameslink Programme, 29th report: New Homes Bonus, 30th report: Universal Credit: early progress, Cm 8774 (PDF)

Source: www.official-documents.gov.uk

War Crimes, Annoyance Injunctions, and the Whole Life Tariff Saga – UK Human Rights Blog

Posted January 14th, 2014 in armed forces, bills, human rights, injunctions, news, sentencing, war crimes by sally

‘This week, the International Criminal Court has received a dossier detailing the UK’s involvement in abuse in Iraq. Meanwhile, the House of Lords has put up a fight over the so-called “annoyance injunctions”, while the Government has sought to find a solution to the European Court of Human Rights’ ruling on whole life tariffs.’

Full story

UK Human Rights Blog, 13th January 2014

Source: www.ukhumanrightsblog.com

Council fends off High Court challenge over day centre closure – Local Government Lawyer

Posted January 14th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by sally

‘A High Court judge has rejected a judicial review challenge to a local authority’s decision to close a day centre for adults with a learning disability.’

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Local Government Lawyer, 13th January 2014

Source: www.localgovernmentlawyer.co.uk

Publication of reports to prevent future deaths – CrimeLine

Posted January 14th, 2014 in coroners, news, publishing, reports by sally

‘Reports made by coroners to help prevent future deaths will be routinely published online for the first time today (Tuesday 14th January). Following an inquest a coroner may make a report to a person, organisation, local authority or government department or agency with a view to preventing future deaths (a PFD report). From today the Chief Coroner’s office will publish PFD (preventing future deaths) reports made by coroners on the judiciary website and for the first time the public will have access to these reports online in a readable and searchable format.’

Full story

CrimeLine, 14th January 2014

Source: www.crimeline.info

DLA Piper UK LLP v BDO LLP – WLR Daily

Posted January 14th, 2014 in costs, criminal procedure, law reports, third parties, witnesses by sally

DLA Piper UK LLP v BDO LLP [2013] EWHC 3970 (Admin); [2013] WLR (D) 515

‘Where a person had attended court and successfully resisted being made subject to a witness summons under section 2 of the Criminal Procedure (Attendance of Witnesses) Act 1965 the only basis for the Crown Court ordering costs against the solicitor of the party seeking the summons would be that for which statute provided, namely, a wasted costs order under section 19A of the Prosecution of Offences Act 1985.’

WLR Daily, 13th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 14th, 2014 in law reports by sally

High Court (Chancery Division)

Key Homes Bradford Ltd & Ors v Patel [2014] EWHC B1 (Ch) (10 January 2014)

Source: www.bailii.org

Police demand details about Stephen Lawrence whistleblower – Daily Telegraph

Posted January 14th, 2014 in crime, media, news, official secrets act, police, whistleblowers by sally

‘Police have asked for information about Peter Francis, the whistleblower who revealed a raft of claims about a police undercover unit, including that they had spied on relatives of Stephen Lawrence.’

Full story

Daily Telegraph, 14th January 2014

Source: www.telegraph.co.uk