EVENT: LSE – In Conversation with Joshua Rozenberg

Posted December 18th, 2013 in Forthcoming events by sally

‘A decade after he left the BBC, Joshua returned in 2010 to present the popular Radio 4 series Law in Action, a programme he had launched in 1984. Also in 2010, he also accepted an invitation to chair Halsbury’s Law Exchange, an independent and politically neutral think-tank.’

Date: 16th January 2014, 6.30-8.00pm

Location: Old Theatre, Old Building

Charge: Free

More information can be found here.

BAILII: Recent Decisions

Posted December 18th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Marines A & Ors v Guardian News and Media & Other Media [2013] EWCA Crim 2367 (17 December 2013)

Mahmood & Anor, R v [2013] EWCA Crim 2356 (17 December 2013)

Court of Appeal (Civil Division)

Tiger Aspect Holdings Ltd & Anor v Sunlife Europe Properties Ltd [2013] EWCA Civ 1656 (17 December 2013)

Durrant v Avon & Somerset Constabulary [2013] EWCA Civ 1624 (17 December 2013)

Blemain Finance Ltd v Goulding [2013] EWCA Civ 1630 (17 December 2013)

High Court (Queen’s Bench Division)

Karbhari & Anor v Ahmed [2013] EWHC 4042 (QB) (17 December 2013)

MacLennan v Morgan Sindall (Infrastructure) Plc [2013] EWHC 4044 (QB) (17 December 2013)

JXMX (A Child) v Dartford and Gravesham NHS Trust [2013] EWHC 3956 (QB) (17 December 2013)

High Court (Chancery Division)

Co-Operative Bank Plc, Re [2013] EWHC 4074 (Ch) (04 December 2013)

Jack & Anor (London Scottish Finance Ltd) v Craig & Ors [2013] EWHC 4047 (Ch) (17 December 2013)

Co-Operative Bank Plc, Re [2013] EWHC 4072 (Ch) (18 November 2013)

High Court (Family Division)

P (A Child) [2013] EWHC 4048 (Fam) (17 December 2013)

Cheema & Ors v Nottingham and Newark Magistrates’ Court & Anor [2013] EWHC 4022 (Admin) (17 December 2013)

A Local Authority v DB (Mother) & Ors [2013] EWHC 4066 (Fam) (06 December 2013)

TM, Re [2013] EWHC 4043 (Fam) (12 December 2013)

P, Re [2013] EWHC 4037 (Fam) (13 December 2013)

High Court (Administrative Court)

Solicitors Regulation Authority v Anderson Solicitors & Ors [2013] EWHC 4021 (Admin) (17 December 2013)

Ramsden, R (on the application of) v Independent Police Complaints Commission & Anor [2013] EWHC 3969 (Admin) (12 December 2013)

Scottish Widows Plc & Ors v Cherwell District Council & Ors [2013] EWHC 3968 (Admin) (17 December 2013)

Fulford Parish Council, R (on the application of) v City of York Council & Ors [2013] EWHC 3924 (Admin) (12 December 2013)

Source: www.bailii.org

Sir James Munby: Caesarean mother case shows need for “radical change” in family courts – Daily Telegraph

‘The case of a mother whose baby was taken away following an enforced caesarean is an “irrefutable demonstration of the pressing need for radical change” in the family courts, senior judge says.’

Full story

Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

Regina v Padda – WLR Daily

Regina v Padda [2013] EWCA Crim 2330; [2013] WLR (D) 496

‘Section 22(4)(a) of the Proceeds of Crime Act 2002 preserved an obligation on the court and a discretion to make a confiscation order which was just and in so doing it could take into account all relevant circumstances and had to take into account the legislative policy in favour of maximising the recovery of the proceeds of crime, even from legitimately acquired assets.’

WLR Daily, 12th December 2013

Source: www.iclr.co.uk

Chancery Modernisation Review: Final Report Published – Judiciary of England and Wales

Posted December 18th, 2013 in consultations, courts, news, reports by sally

‘A review of the Chancery Division of the High Court by Lord Justice Briggs is published today. Based in the Rolls Building in London and in the seven principal regional trial centres, the Chancery Division is now the largest unit for handling business and property cases in the country.’

Full story

Judiciary of England and Wales, 17th December 2013

Source: www.judiciary.gov.uk

Judge Sir Paul Coleridge disciplined for stating views on traditional marriage – Daily Telegraph

‘A senior High Court judge has been disciplined for misconduct after speaking out over his support for traditional marriage.’

Full story

Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

BSB publishes guidance on deliberately failing to attend court – Bar Standards Board

‘The Bar Standards Board has today published guidance on deliberately failing to attend court.’

Full story

Bar Standards Board, 18th December 2013

Source: www.barstandardsboard.org.uk

Copyright Licensing BBC v EOS – NIPC Law

‘As everyone knows, copyright restricts the acts listed in s.16 (1) of the Copyright, Designs and Patents Act 1988 (“CDPA”) in relation to a work in which copyright subsists (“a copyright work”). Those acts include copying, issuing copies, renting, lending or communicating the work to the public etc. Anyone who does any of those acts without the owner’s licence infringes that copyright. He or she may be sued or in an extreme case prosecuted.’

Full story

NIPC Law, 17th December 2013

Source: www.nipclaw.blogspot.co.uk

Lord Judge – Constitutional Change: Unfinished Business – UCL Constitutional Unit

Posted December 18th, 2013 in constitutional law, constitutional reform, human rights, judiciary, news by sally

‘Lord Judge delivered a lecture on the topic of “Constitutional Change: Unfinished Business”.’

Video

UCL Constitutional Unit, 17th December 2013

Source: www.ucl.ac.uk/constitution-unit

European court ‘steamrolling’ Britain, warns leading judge – Daily Telegraph

Posted December 18th, 2013 in EC law, human rights, judges, jurisdiction, news, Supreme Court by sally

‘Lord Mance warns the EU must not “steamroll” national courts to impose human rights rules on countries including the UK’

Full story

Daily Telegraph, 17th December 2013

Source: www.telegraph.co.uk

Prisoners serving less than a year should be allowed to vote, says Parliamentary committee – The Independent

Posted December 18th, 2013 in bills, elections, human rights, news, prisons by sally

‘Prisoners serving sentences of 12 months or less should be given the vote, the Government is today told by an all-party parliamentary committee.’

Full story

The Independent, 18th December 2013

Source: www.independent.co.uk

Eve’s Law: Domestic violence victims’ addresses ‘may be kept secret’ – BBC News

Posted December 18th, 2013 in disclosure, domestic violence, news, privacy, victims by sally

‘The government will consider a domestic violence campaigner’s proposal for new laws to allow victims to keep their safe house addresses secret in court.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Former Lostprophets singer and paedophile Ian Watkins to be sentenced over attempted baby rape conviction – The Independent

‘Former Lostprophets frontman Ian Watkins will be sentenced today for a string of child sex offences – including the attempted rape of a baby.’

Full story

The Independent, 18th December 2013

Source: www.independent.co.uk

Confiscation orders take only 26p in every £100 from criminals, NAO finds – The Guardian

‘Confiscation orders designed to ensure crime does not pay provide neither value for money nor a credible deterrent as perpetrators keep all but 26p in every £100 generated by the criminal economy, according to a damning report.’

Full story

The Guardian, 17th December 2013

Source: www.guardian.co.uk

High Court judge disciplined over marriage comments – BBC News

‘A High Court judge has been disciplined for voicing his views on marriage through national newspapers.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Sunday is not a day of rest: Christian discrimination appeal dismissed – Halsbury’s Law Exchange

‘The Employment Tribunal, the Employment Appeal Tribunal and now the Court of Appeal have all agreed that an employer was justified in requiring a Christian to work on Sundays in Mba v London Borough of Merton.’

Full story

Halsbury’s Law Exchange, 17th December 2013

Source: www.halsburyslawexchange.co.uk

Isa Muazu loses legal battle after starving self – BBC News

Posted December 17th, 2013 in asylum, demonstrations, deportation, immigration, mental health, news, tribunals by sally

‘A Nigerian asylum seeker who starved himself for three months has lost his legal bid to stay in the UK.’

Full story

BBC News, 17th December 2013

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted December 17th, 2013 in parliamentary papers by sally

Asylum, Cm 8769 (PDF)

Ending Gang and Youth Violence: Annual Report 2013, Cm 8746 (PDF)

Draft Modern Slavery Bill, Cm 8770 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 17th, 2013 in legislation by sally

The Caribbean Development Bank (Eighth Replenishment of the Unified Special Development Fund) Order 2013

The Greenhouse Gas Emissions Trading Scheme and National Emissions Inventory (Amendment) Regulations 2013

The Local Elections (Northern Ireland) Order 2013

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

The Enterprise Act 2002 (Part 8 EU Infringements) Order 2013

The Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013

The Capital Requirements Regulations 2013

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No.2) Order 2013

The Land Registration Fee Order 2013

The Inspectors of Education, Children’s Services and Skills (No. 9) Order 2013

The Education (Inspectors of Education and Training in Wales) (No. 2) Order 2013

Source: www.legislation.gov.uk

JO v GO and others – WLR Daily

Posted December 17th, 2013 in Court of Protection, jurisdiction, law reports, mental health, necessity, Scotland by sally

JO v GO and others [2013] EWHC 3932 (COP); [2013] WLR (D) 495

‘The English Court of Protection had no jurisdiction under section 7(1)(a) of the Mental Capacity Act 2005 to exercise its functions under the Act in relation to an incapacitated adult no longer habitually resident in England and Wales. In the case of an adult lacking capacity to decide where to live, habitual residence could in principle be lost and another habitual residence acquired without the need for any court order or other formal process. Provided that the removal had not been wrongful the doctrine of necessity applied; what was required was a decision taken by a relative or carer which was reasonable, arrived at in good faith and taken in the best interests of the assisted person. There was nothing in the 2005 Act to displace that approach.’

WLR Daily, 13th December 2013

Source: www.iclr.co.uk