Stop and search ruling due – The Guardian
‘The court of appeal is due to rule on a challenge over the legality of random stop-and-search powers aimed at tackling street violence.’
The Guardian, 4th February 2014
Source: www.guardian.co.uk
Jilted ‘Jekyll and Hyde’ lover jailed for life for smothering ex – Daily Telegraph
‘A jilted man has been jailed for life with a minimum term of 15 years for murdering his former lover at her country cottage after failing to rekindle their romance.’
Daily Telegraph, 3rd February 2014
Source: www.telegraph.co.uk
EastEnders cleared over ‘racist’ complaints – BBC News
‘EastEnders has been cleared by the broadcasting watchdog over complaints about a Muslim character berating her father for dating a “white woman”.’
BBC News, 3rd February 2014
Source: www.bbc.co.uk
Comic behind West Brom striker Nicolas Anelka’s ‘quenelle’ gesture banned from UK – Daily Telegraph
‘The comedian who is said to have invented the quenelle gesture, which is seen by many as anti-semitic, has been banned from entering the country as Nicolas Anelka could be given a five match ban.’
Daily Telegraph, 3rd February 2014
Source: www.telegraph.co.uk
Honeymoon murder suspect can be extradited to South Africa, says High Court – UK Human Rights Blog
‘Government of the Republic of South Africa v Dewani [2014] EWHC 153 (Admin) 31 January 2014. Shrien Dewani, the British man facing charges of murdering his wife on honeymoon in South Africa, has lost his appeal to block extradition there (so far three men have been convicted in South Africa over Mrs Dewani’s death). The Court ruled that it would not be “unjust and oppressive” to extradite him, on condition that the South African government agreed to return him to the UK after one year if his depressive illness and mental health problems still prevented a trial from taking place.’
UK Human Rights Blog, 1st February 2014
Source: www.ukhumanrightsblog.com
HSE guidance on working at height simplified, but underlying regulations remain unchanged, says expert – OUT-LAW.com
‘The Health and Safety Executive (HSE) has published new guidance on what the law requires of both employers and employees when people are working at height.’
OUT-LAW.com. 31st January 2014
Source: www.out-law.com
No reason for reasons redux – NearlyLegal
‘A rather odd second appeal from a s.204 appeal decision. At issue was whether the Council’s review officer should take into account “the homeless person’s state of knowledge about the Council’s rejection of the person’s reasons for stating he or she did not wish to live in a particular area”. In short, was an absence of a stated reason for a decision a potential issue on review.’
NearlyLegal, 2nd February 2014
Source: www.nearlylegal.co.uk/blog/
Can a solicitor be personally liable to pay costs? – Halsbury’s Law Exchange
‘The possibility that a firm of litigation solicitors, despite acting properly for a client in advancing their interests, could nonetheless end up being held liable to pay a huge costs order, is unsurprisingly something that would sound alarm bells across the profession. This is a possibility that was raised in DLA Piper UK LLP v BDO LLP (the major firm of City solicitors versus a major firm of accountants).’
Halsbury’s Law Exchange, 31st January 2014
Source: www.halsburyslawexchange.co.uk
New sentencing guideline for corporate fraud – Sentencing Council
‘Following consultation the Sentencing Council is publishing a new definitive guideline on fraud, bribery and money laundering offences committed by corporate offenders which will come into force on 1 October 2014.’
Sentencing Council, 31st January 2014
Supporting the introduction of the single Family Court – Proposed changes to Family legal aid remuneration schemes – Ministry of Justice
‘The Government consulted on a proposal to change the current family legal aid fee payment schemes in October 2013. This document reflects the responses that we have received to the consultation and describes how the Government intends to proceed.’
Ministry of Justice, 31st January 2014
Source: www.gov.uk/government/organisations/ministry-of-justice
The Extraterritorial Application of the European Convention on Human Rights – Speech by Lord Dyson, Master of the Rolls
‘A State’s sovereignty is understood by reference to a geographical territory and jurisdiction is understood by reference to a State’s authority over persons within that territory. The primarily territorial perspective of jurisdiction must also be understood against the background of the historical period in which many international treaties, including the Convention, were written. In the post-WWII era, jurisdiction was a tool to allocate competency among fiercely independent and volatile nation States. In the minds of the drafters of such conventions, if one State assumed extraterritorial jurisdiction then it would, necessarily, encroach upon another State’s jurisdiction.’
Judiciary of England and Wales, 30th January 2014
Source: www.judiciary.gov.uk
Launch of Child Sexual Exploitation Operating Protocol – CrimeLine
‘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.’
CrimeLine, 31st February 2014
Source: www.crimeline.info
When to plead fraud – Barristers’ Hub
‘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.’
Barristers’ Hub, 31st January 2014
Source: www.barristershub.co.uk
Regina v Lewis (Leroy) – WLR Daily
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
Court of Appeal (Criminal Division)
Onuigbo (aka Okoronkwo) v R [2014] EWCA Crim 65 (31 January 2014)
High Court (Administrative Court)
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
Constance Briscoe faces retrial over alleged lying in Chris Huhne case – The Guardian
‘Jury fails to reach verdict after three-week trial of part-time judge accused of perverting course of justice in speeding points case.’
The Guardian, 31st January 2014
Source: www.guardian.co.uk
Secret hearings could allow police to seize journalists’ notes if bill passes – The Guardian
‘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.’
The Guardian, 31st January 2014
Source: www.guardian.co.uk
