Current Awareness

Launch of Child Sexual Exploitation Operating Protocol – CrimeLine

Posted February 3rd, 2014 in charities, child abuse, codes of practice, local government, London, news, police, sexual offences, standards by sally

‘The Metropolitan Police Service is hosting a multi-agency launch at City Hall today, Monday 3 February, to set a benchmark for the investigation of child sexual exploitation in the capital. Designed to enhance victim care through improved referral pathways the MPS has drawn up robust processes to identify children at risk of abuse and sexual exploitation. The London Child Sexual Exploitation (CSE) Operating Protocol – which has been agreed across all 32 London boroughs – sets out the standards expected of all those agencies involved in dealing with the identification and protection of vulnerable children who are targeted for sexual abuse.’

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CrimeLine, 31st February 2014

Source: www.crimeline.info

When to plead fraud – Barristers’ Hub

Posted February 3rd, 2014 in enforcement, fraud, misrepresentation, news, pleadings, time limits by sally

‘Pleading fraud is not to be done lightly, and there can be significant adverse consequences of doing so inappropriately. Equally, however, failing to plead fraud where appropriate can deprive a party to litigation of the opportunity to succeed on a point which might be decisive in that party’s favour, and successfully alleging fraud can have very beneficial consequences in terms of liability, remedy and enforcement. This article is intended to provide a brief overview of factors that should be weighed when deciding whether to plead fraud in any given (civil) claim.’

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Barristers’ Hub, 31st January 2014

Source: www.barristershub.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 3rd, 2014 in legislation by sally

The Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Commencement No. 2) Order 2014

The Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014

The HGV Road User Levy Act 2013 (Commencement No.1) Order 2014

Source: www.legislation.gov.uk

Regina v Lewis (Leroy) – WLR Daily

Posted February 3rd, 2014 in appeals, assault, attempts, evidence, indictments, jurisdiction, law reports, theft by sally

Regina v Lewis (Leroy): [2013] EWCA Crim 2596; [2014] WLR (D) 38

‘Once an indictment had been properly preferred and signed it remained the indictment in the case, so that the Crown Court had jurisdiction to try a case where no evidence had been offered on the single indictable offence and only summary offences were left to be tried.’

WLR Daily, 5th December 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted February 3rd, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Onuigbo (aka Okoronkwo) v R [2014] EWCA Crim 65 (31 January 2014)

High Court (Administrative Court)

Crawford, R (on the application of) v The University of Newcastle Upon Tyne [2014] EWHC 162 (Admin) (31 January 2014)

Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) (31 January 2014)

High Court (Chancery Division)

Jack Wills Ltd v House of Fraser (Stores) Ltd [2014] EWHC 110 (Ch) (31 January 2014)

High Court (Commercial Court)

Georgian American Alloys, Inc & Or v White & Case LLP & Anor [2014] EWHC 94 (Comm) (31 January 2014)

Malhotra v Malhotra & Anor [2014] EWHC 113 (Comm) (31 January 2014)

High Court (Family Division)

Great Western Hospitals NHS Foundation Trust v AA [2014] EWHC 1666 (Fam) (28 January 2014)

High Court (Patents Court)

Smith & Nephew Plc v Convatec Technologies Inc & Anor [2014] EWHC 146 (Pat) (31 January 2014)

High Court (Queen’s Bench Division)

Watson Farley & Williams (A Firm) v Ostrovizky [2014] EWHC 160 (QB) (31 January 2014)

Source: www.bailii.org

VHCC cases jeopardised by fee cuts – Law Society’s Gazette

Posted February 3rd, 2014 in barristers, budgets, costs, fees, fraud, legal aid, news, solicitor advocates, trials by sally

‘Multi-million-pound fraud trials are being put in jeopardy by the Ministry of Justice’s cuts to advocates’ fees, the Gazette has learned.’

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Law Society’s Gazette, 3rd February 2014

Source: www.lawgazette.co.uk

Constance Briscoe faces retrial over alleged lying in Chris Huhne case – The Guardian

Posted February 3rd, 2014 in news, perverting the course of justice, retrials, road traffic offences by sally

‘Jury fails to reach verdict after three-week trial of part-time judge accused of perverting course of justice in speeding points case.’

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The Guardian, 31st January 2014

Source: www.guardian.co.uk

Secret hearings could allow police to seize journalists’ notes if bill passes – The Guardian

Posted February 3rd, 2014 in bills, closed material, disclosure, inquiries, media, news, police by sally

‘The seizure of journalists’ notebooks, photographs and digital files could be conducted in secret hearings, owing to a little-publicised clause in a government bill aimed at cutting red tape, media organisations have warned. Requests for notebooks, computer disks, photographs or videos must currently be made in open court and representatives of news groups can be present. But the clause – in the deregulation bill, which comes before the Commons on Monday – significantly alters the way courts consider so-called “production orders”, stripping out current safeguards.’

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The Guardian, 31st January 2014

Source: www.guardian.co.uk

Widow begins case to keep dead husband’s sperm – The Independent

Posted February 3rd, 2014 in assisted reproduction, human tissue, married persons, news, time limits, widows by sally

‘A widow’s High Court case to preserve her late husband’s sperm has begun.’

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The Independent, 31st Janaury 2014

Source: www.independent.co.uk

Judge orders mentally ill woman to have forced caesarean – Daily Telegraph

Posted February 3rd, 2014 in birth, consent, Court of Protection, medical treatment, mental health, news, pregnancy, restraint by sally

‘ A High Court judge has given doctors permission to perform an urgent caesarean section on a mentally-ill woman with diabetes. The woman was delivered of a baby boy within hours of Mr Justice Hayden giving specialists at the Royal Free London NHS Trust approval for the procedure, following a five-hour hearing at the Court of Protection.’

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Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

Bullying in armed forces on rise, MoD figures reveal – The Guardian

Posted February 3rd, 2014 in armed forces, bullying, complaints, equality, harassment, inquests, judicial review, news, ombudsmen, select committees, sexual offences, statistics, suicide, women by sally

‘Shocking official figures reveal a surge in the incidence of bullying in the armed forces, with one in 10 military personnel claiming to have been the victim of “discrimination, harassment or bullying in a service environment” during the past year.’

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The Guardian, 1st February 2014

Source: www.guardian.co.uk

RSPCA risks losing power to prosecute – Daily Telegraph

Posted February 3rd, 2014 in animal cruelty, charities, costs, Crown Prosecution Service, news, ombudsmen, private prosecutions by sally

‘The RSPCA’s role in prosecuting cases of animal cruelty could be overhauled to restore public confidence.’

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Daily Telegraph, 1st February 2014

Source: www.telegraph.co.uk

Iran sues MoD firm over the Shah’s tanks – The Independent

Posted February 3rd, 2014 in armed forces, contracts, EC law, government departments, Iran, news, sale of goods, sanctions by sally

‘The Iranian government is taking a Ministry of Defence-owned company to the High Court to end a £400m row over British-made Chieftain tanks that has dragged on for 35 years.’

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The Independent, 2nd February 2014

Source: www.independent.co.uk

Sussex landowners mount ‘legal blockade’ against fracking – BBC News

Posted February 3rd, 2014 in demonstrations, energy, fracking, government departments, local government, news, planning, trespass by sally

‘Landowners in the Sussex Downs National Park are mounting a “legal blockade” to block a potential fracking site. Solicitors for residents near Fernhurst, in West Sussex, have written to Celtique Energie and the Energy Secretary Ed Davey to explicitly deny permission to drill under their land.’

Full story

BBC News, 3rd February 2014

Source: www.bbc.co.uk