Statement from Bar Leaders on Very High Costs Cases – The Bar Council
‘The leaders of the Bar, who represent barristers in England and Wales, have published the following joint statement.”
The Bar Council, 1st May 2014
Source: www.barcouncil.org.uk
Recent Statutory Instruments – legislation.gov.uk
The European Parliamentary Election Petition (Amendment) Rules 2014
The Anonymous Registration (Northern Ireland) Order 2014
The Consular Marriages and Marriages under Foreign Law Order 2014
The Overseas Marriage (Armed Forces) Order 2014
The Lymington Harbour Revision Order 2014
The Electricity and Gas (Energy Companies Obligation) (Amendment) Order 2014
The Aerosol Dispensers (Amendment) Regulations 2014
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
KP, Re [2014] EWCA Civ 554 (01 May 2014)
Court of Appeal (Criminal Division)
Cox v R. [2014] EWCA Crim 804 (01 May 2014)
High Court (Administrative Court)
Uba v Secretary of State for the Home Department [2014] EWHC 1166 (Admin) (01 May 2014)
Njie v Nursing and Midwifery Council [2014] EWHC 1279 (Admin) (25 April 2014)
High Court (Chancery Division)
Vodafone Group Plc, Re [2014] EWHC 1357 (Ch) (01 May 2014)
Olympus UK Ltd & Ors [2014] EWHC 1350 (Ch) (01 May 2014)
High Court (Commercial Court)
Starbev Gp Ltd v Interbrew Central European Holdings BV [2014] EWHC 1311 (Comm) (29 April 2014)
Tchenguiz & Anor v Director of the Serious Fraud Office [2014] EWHC 1315 (Comm) (29 April 2014)
High Court (Family Division)
London Borough of Haringey v Musa [2014] EWHC 1341 (Fam) (16 April 2014)
High Court (Queen’s Bench Division)
Contostavlos & Anor v News Group Newspapers Ltd [2014] EWHC 1339 (QB) (01 May 2014)
Source: www.bailii.org
MoJ rules out further reform of legal services regulation – Law Society’s Gazette
‘The government has ruled out immediate further changes to the framework for legal services regulation following the wide-ranging review launched by the Ministry of Justice last June.’
Law Society’s Gazette, 1st May 2014
Source: www.lawgazette.co.uk
Woman guilty of luring ‘vulnerable’ girls into prostitution – BBC News
‘A woman who used drugs and alcohol to lure “weak and vulnerable” girls into a life of prostitution has been found guilty of running a child sex ring.’
BBC News, 1st May 2014
Source: www.bbc.co.uk
Settlements approved for families of 10 children made seriously ill by Godstone Farm E. coli outbreak – The Independent
‘Families of the 10 young children most seriously affected by Britain’s worst E. coli farm outbreak were approved settlements today, closing the door on an incident that the parents described as “a living nightmare for all”.’
The Independent, 1st May 2014
Source: www.independent.co.uk
Man guilty of murdering grandmother in her east London home – BBC News
‘A gambling addict has been found guilty of murdering a 77-year-old grandmother in east London. Thomas Blazquez, 51, from South Woodford, killed Rosemary Shearman in her Hornchurch home on 3 September.’
BBC News, 1st May 2014
Source: www.bbc.co.uk
Neo-Nazi terrorist jailed for plotting to blow up Merseyside mosques – The Guardian
‘A Nazi sympathiser who planned to blow up mosques in Merseyside has been jailed for 10 years. Ian Forman, 42, from Birkenhead, was convicted of engaging in conduct in preparation of terrorist acts following an 11-day trial in March.’
The Guardian, 1st May 2014
Source: www.guardian.co.uk
Mother escapes fine for taking children out of school to go on holiday because they were star pupils – Daily Telegraph
‘The mother of two, who was prosecuted for taking her two children out of school for five days to go to a UK holiday camp, does not have to pay a fine because the children’s education is “well up to standard”, court hears.’
Daily Telegraph, 2nd May 2014
Source: www.telegraph.co.uk
Evolution or revolution – are we ready for a single legal services regulator? – Legal Services Board
Evolution or revolution – are we ready for a single legal services regulator? (PDF)
David Edmonds, Chairman, Legal Services Board
Modern Law Magazine Conference, 29th April 2014
Source: www.legalservicesboard.org.uk
Regina v White (Anthony) – WLR Daily
Regina v White (Anthony) [2014] EWCA Crim 714; [2014] WLR (D) 175
‘If a defendant, wrongly charged with offences contrary to section 16(1) of the Theft Act 1968, rather than under section 15A of the 1968 Act, was prepared to admit his dishonest transactions in relation to mortgage advances, it would be wrong to permit him to evade the consequences of his behaviour by refusing to substitute conviction of the correct offence simply in order to punish the prosecution for its egregious failures in relation to charging.’
WLR Daily, 15th April 2014
Source: www.iclr.co.uk
Jafri v Lincoln College – WLR Daily
Jafri v Lincoln College [2014] EWCA Civ 449; [2014] WLR (D) 178
‘When the Employment Appeal Tribunal detected a legal error by an employment tribunal, it had to remit the case unless it was able, without itself making any factual assessment or judgment as to the merits, either to conclude that the error could not have affected the result, or to conclude what different result there must have been without the error.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
Dhooharika v Director of Public Prosecutions (Commonwealth Lawyers Association intervening) – WLR Daily
‘The common law offence of scandalising the court, a species of contempt of court which although abolished by statute in England and Wales continued to exist in many parts of the common law world, was “reasonably justifiable in a democratic society” within the meaning of section 12 of the Constitution of Mauritius.’
WLR Daily, 16th April 2014
Source: www.iclr.co.uk
Kásler and another v OTP Jelzálogbank Zrt – WLR Daily
Kásler and another v OTP Jelzálogbank Zrt (Case C‑26/13); [2014] WLR (D) 180
‘The expression the “main subject matter of a contract” in article 4(2) of Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts covered a term, incorporated in a loan agreement denominated in foreign currency concluded between a seller or supplier and a consumer and not individually negotiated, pursuant to which the selling rate of exchange of that currency was applied for the purpose of calculating the repayment instalments for the loan, only in so far as it was found, which it was for the national court to ascertain, that that term laid down an essential obligation of that agreement which characterised it. Such a term, in so far as it contained a pecuniary obligation for the consumer to pay, in repayment of instalments of the loan, the difference between the selling rate of exchange and the buying rate of exchange of the foreign currency, could not be considered as “remuneration” the adequacy of which as consideration for a service supplied by the lender could not be the subject of an examination as regards unfairness under article 4(2) of Directive 93/13.’
WLR Daily, 30th April 2014
Source: www.iclr.co.uk
The Nanny State – legislating on health and morality – Halsbury’s Law Exchange
‘“The only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others. His own good, either physical or moral, is not a sufficient warrant… Over his own body and mind, the individual is sovereign.”
The above principle laid down by John Stuart Mill is a cornerstone of liberal political and jurisprudential thought. Mill argued that, provided you cause no harm to others, you should be free to do what you like with your own body and life. This is what the right to personal autonomy and self-determination means; and it is a right which is being steadily, and quietly, eroded. If liberty, as Mill said, consists in the freedom to do everything which injures no one else, then we are already not free – and if the current trend of legislating on public health and morals continues the residual liberty we do enjoy will be diminished.’
Halsbury’s Law Exchange, 30th April 2014
Source: www.halsburyslawexchange.co.uk
