Campaigner Tim Haries guilty of defacing Queen portrait – BBC News

Posted January 8th, 2014 in criminal damage, demonstrations, news, parental rights by sally

‘A Fathers4Justice campaigner has been found guilty of defacing a portrait of the Queen while it was on display in Westminster Abbey.’

Full story

BBC News, 8th January 2014

Source: www.bbc.co.uk

EVENT: The Law Society – Public debate series: State surveillance and the scrutiny of security services

Posted January 8th, 2014 in Forthcoming events by sally

‘Since the publication of details of mass surveillance operations by National Security Agency and UK Government Communications Headquarters in the Guardian, New York Times and other newspapers, the scrutiny of the security services has been brought into stark view. This has many wide ranging implications and has given rise to a number of questions about the lengths we are prepared to allow the security services to go to protect us.’

CPD hours 1.25

Date: 5th March 2014, 6.00-8.45pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.

EVENT: IALS – Dangerous Trends in Modern Legislation

Posted January 8th, 2014 in Forthcoming events by sally

‘Speakers: Daniel Greenberg, in-house Parliamentary Counsel in the Parliamentary Team at Berwin Leighton Paisner BLP.’

Date: 17th March 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: Queen Mary – Criminal Justice Centre Annual Lecture: Contempt of Court in the Age of the Internet – David Ormerod QC

Posted January 8th, 2014 in Forthcoming events by sally

‘Professor David Ormerod QC will lecture on Contempt of Court in the Age of the Internet. The Contempt of Court Act 1981 pre-dates the internet and there are concerns that the current law cannot adequately deal with contempt committed through the new media. The lecture will consider the Law Commission Report No 340 and the recommendations to introduce a new statutory offence for jurors who intentionally seek information beyond the evidence presented in court and to create a new statutory exemption to contempt for content published prior to proceedings becoming active.’

Date: 30th January 2014, 6.30pm

Location: Main Lecture Theatre, Centre for Commercial Law Studies (CCLS) Queen Mary University of London, 67-69 Lincoln’s Inn Fields, London WC2A 3JB

Charge: Free, registration required

More information can be found here.

EVENT: The Law Society – Legal aid conference 2014: the new landscape

Posted January 8th, 2014 in Forthcoming events by sally

‘The Law Society’s legal aid conference will inform and prepare you for the continuing changes to the legal aid landscape. This year has seen major restructuring proposed in criminal legal aid, our conference will give you practical advice on how the changes will affect your business and how best to prepare your firm. It will provide you with the essential information you need to make business decisions regarding your criminal legal aid service. ‘

CPD hours 6.0

Date: 20th March 2014, 8.45-4.30pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: See website for charges

More information can be found here.

EVENT: IALS – Towards a Working Definition of Persecution

Posted January 8th, 2014 in Forthcoming events by sally

‘Why, more than 60 years on, is there still no agreed definition of the term “being persecuted” within Article 1A(2) of the 1951 Refugee Convention? In this talk, based on an article in a forthcoming book , I will argue that the time is long overdue for attempting a working definition. Upon analysis, the warnings voiced by the drafters and others against defining persecution only constitute a valid criticism of certain approaches to definition; and, indeed, it will be argued that much of the groundwork for a valid working definition has already been done; and, as a result of Directive 2004/83/EC (the Refugee Qualification Directive (QD)), there is now for the first time a template that can be taken as a starting-point for a universal definition.’

Date: 12th March 2014, 5.30-7.30pm

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: UCL CLP – Whither the margin of appreciation?

Posted January 8th, 2014 in Forthcoming events by sally

‘The doctrine of the margin of appreciation may be regarded as being among the most prominent judge-made legal constructs in European human rights jurisprudence. It is an analytical tool that guides the European Court in its examination of the complaints raised under many, but not all, provisions of the Convention and its Protocols. It makes for a body of human rights law that accepts pluralism over uniformity, as long as the fundamental guarantees are effectively observed. Alongside its normative function, the doctrine pursues what may be termed a systemic objective. It devolves a large measure of responsibility for scrutinising the acts or omissions of national authorities to the national courts, placing them in their natural, primary role in the protection of human rights. It is therefore neither a gift nor a concession, but more an incentive to the domestic judge to conduct the necessary Convention review, realising in this way the principle of subsidiarity. Protocol No. 15, adopted in May 2013 and currently in the process of ratification by the 47 Contracting Parties, will add to the Preamble of the Convention references to both the margin of appreciation and subsidiarity. What are the implications of this reform for the Strasbourg Court? And for national courts? ‘

Date: 20th March 2014, 6.00-7.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

EVENT: IALS – Election observation missions and international human rights: challenges and impact

Posted January 8th, 2014 in Forthcoming events by sally

‘Speakers: Richard Howitt, MEP, Member of the European Parliament, EU Election Observer and leader of recent election observation delegations to Sierra Leone and Pakistan.’

Date: 13th February 2014, 6.30-8.00pm

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 – Constraints on Executive Power: Explaining Variation in the Acceptance of Asylum-Seekers and Refugees

Posted January 8th, 2014 in Forthcoming events by sally

‘It is widely accepted that judicial and other constraints on executive powers have resulted in the acceptance of ‘unwanted’ (in contrast to targeted) immigration to liberal states. This has been shown in particular in the field of irregular migration and family migration through national case studies and small N research designs. So far, however, there has been little systematic analysis to trace variations in the constraints on executive power that exist in different destination states and how such differences have an impact on policy outcomes. This is especially so in a third area of ‘unwanted immigration’, namely the case of asylum-seekers and refugees. Drawing on a large-N dataset of OECD countries, this paper explores to what extent variation in non-majoritarian constraints on executive power is able to account for differences in domestic refugee law and protection extensiveness. We develop a cross-country and over time dataset combining mainly Lijphart’s index of judicial review to measure constraints with the IMPALA immigration policy database and UNHCR statistics to code protection regimes. Building on these variables the paper further seeks to identify and assess the effect of different choices in the setup of appeal bodies and status determination procedures in the area of asylum.’

Date: 21st January 2014, 5.30-7.30pm

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: The United Kingdom Association of Jewish Lawyers & Jurists – A life in the criminal law

Posted January 8th, 2014 in Forthcoming events by sally

‘Special Guest Speaker HH Geoffrey Rivlin QC.’

Date: 27th January 2014, 6.00-8.00pm

Location: Central London location

Charge: £15 per delegate, £10 UKAJLJ members or if you are retired, £5 Students/Trainees

More information can be found here.

EVENT: IALS Lunchtime Seminar: Dignities, Jurisprudences and Jurisdictions

Posted January 8th, 2014 in Forthcoming events by sally

‘This paper considers a number of ways of thinking about the concerns of dignity from within the traditions of jurisprudence rather than political theory or moral philosophy. It does so by treating questions of dignity at least in part as matters of jurisdictional arrangement. The reasons for doing so here are twofold. First it allows for the treatment of the jurisprudence of dignity as a distinct historical practice and second it draws out the sense that jurisprudences of dignity themselves recommend training on conduct. In this paper I examine an array of approaches to questions of dignity in relation to the care of the dying and the dead. I focus in particular on the work of Ronald Dworkin.’

Date: 16th January 2014, 12.30-2.00pm

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: Gresham College – Advocacy – ‘as if’ the Person Represented, or ‘for’ the Person Represented?

Posted January 8th, 2014 in Forthcoming events by sally

‘UK lawyers used to think that advocacy was a God–given art. In the last 20 years – not more – they have discovered how to train advocacy, applying skills acquired from jurisdictions around the world. Analysis of how advocacy really works benefits from looking back at earlier periods, and then looking forward to today and beyond asking whether advocacy is for establishing the truth and whether the advocate is as if the person represented or simply advocating to win on the client’s behalf at almost any cost. This lecture may include practical demonstrations of examples of advocacy and may involve active engagement with the audience – if willing!’

Date: 5th March 2014, 6.00pm

Location: Barnard’s Inn Hall

Charge: Free

More information can be found here.

EVENT: UCL CLP – Overpaid Tax: Changing the remedies landscape

Posted January 8th, 2014 in Forthcoming events by sally

‘Where a taxpayer has overpaid tax it is now well established that, in principle, the tax can be recovered. However, the boundaries of this recovery are changing dramatically. Judgments from the European court of Justice in tax cases are demanding that remedies are given to taxpayers, even where the domestic system does not provide for them, or in a manner which is outside the domestic system. This lecture will consider the broader impact of these decisions. In particular what issues arise from the circumstances in which taxpayers with an issue at European law have a more powerful claim than those with a purely domestic issue? Where does this leave the domestic system of remedies in tax cases?’

Date: 13th March 2014, 6.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

Coles and others v Hetherton and others – WLR Daily

Posted January 8th, 2014 in damages, economic loss, insurance, law reports, negligence, repairs, road traffic by sally

Coles and others v Hetherton and others [2013] EWCA Civ 1704; [2013] WLR (D) 508

‘Where a vehicle was damaged as a result of negligence and was reasonably repaired, the measure of the claimant’s loss was the diminution in value of the vehicle, usually taken as represented by the reasonable cost of repair. If the claimant’s insurer arranged repair, the reasonableness of the repair charge was to be judged by reference to what a person in the position of the claimant (rather than the insurer) could obtain on the open market and the insurer’s repair costs were recoverable from the tortfeasor up to that amount, together with the reasonable cost of a courtesy car.’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

Regina (Evans) v Cornwall Council – WLR Daily

Posted January 8th, 2014 in agriculture, judicial review, law reports, local government, planning by sally

Regina (Evans) v Cornwall Council [2013] EWHC 4109 (Admin); [2013] WLR (D) 510

‘The determination of whether prior approval was required for the development of agricultural buildings under the Town and Country Planning (General Permitted Development) Order 1995 required a summary assessment and the principles relating to applications for planning permission under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 were not material considerations for that purpose. Furthermore, the National Planning Policy Framework guidance was inapposite in such cases, and section 66(1) of the Planning (Listing Buildings and Conservation Areas) Act 1990 and the case law thereunder was of no application.’

WLR Daily, 20th December 2014

Source: www.iclr.co.uk

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) – WLR Daily

Posted January 8th, 2014 in aircraft, human rights, jurisdiction, law reports, patents by sally

V‏irgin Atlantic Airways Ltd v Jet Airways (India) Ltd and others (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening); Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd) v Virgin Atlantic Airways Ltd (Controller General of Patents and Secretary of State for Business, Innovation and Skills intervening) [2013] EWCA Civ 1713 ; [2013] WLR (D) 511

‘The English Patents Court had no jurisdiction to review or investigate the decision of European Patent Office (EPO) to register a patent on an application under article 6 of the European Convention on Human Rights and Fundamental Freedoms, since the United Kingdom’s sovereign power in relation to that issue had been surrendered to the EPO under the European Patent Convention (EPC).’

WLR Daily, 20th December 2013

Source: www.iclr.co.uk

EVENT: UCL – Precarious Professionalism – Some evidence on Market, State and Lawyer Utopias

Posted January 8th, 2014 in Forthcoming events by sally

‘Since the era of Margaret Thatcher, and her much admired Lord Chancellor, Lord Mackay of Clashfern, the legal profession has found itself under increasing scrutiny and pressure. Legal Aid and legal market reform began then but has been significantly accelerated by the creation of the Legal Services Board. Professional power has decreased and the influence of the market increased. State – or rather politician – hostility to lawyers and fiscal retrenchment has led to a reduction in legal aid and concerted attempts to weaken lawyer and court roles in the resolution of disputes. Globalisation and the growth of large law firms has increased the extent to which law is seen as a business rather than a profession. Market reform and the recession have shed a harsher light on the economics and ethics of large law firms.’

Date: 6th March 2014, 6.00pm

Location: UCL Faculty of Laws, Bentham House, Endsleigh Gardens, London WC1H 0EG

Charge: Free, registration required

More information can be found here.

New law will keep separating parents and couples away from court – Ministry of Justice

Posted January 8th, 2014 in dispute resolution, divorce, families, news by sally

‘Separating parents and couples will be helped to avoid stressful court battles under a new law being introduced by the government.’

Full story

Ministry of Justice, 7th January 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Foreign drug dealer wins human rights case – Daily Telegraph

Posted January 8th, 2014 in ASBOs, deportation, drug trafficking, human rights, immigration, news by sally

‘A Jamaican man who commuted to London every day to sell crack on a council estate has used human rights laws to stop a deportation order.’

Full story

Daily Telegraph, 7th January 2014

Source: www.telegraph.co.uk

Half of convicted criminals avoid jail for many serious offences – The Guardian

Posted January 8th, 2014 in imprisonment, news, robbery, sentencing, sexual offences by sally

‘Ministers have been accused of insulting victims after it emerged that half of convicted sex attackers, violent criminals and burglars are avoiding prison sentences.’

Full story

The Guardian, 8th January 2014

Source: www.guardian.co.uk