In re B (A Child) (Care Proceedings: Habitual Residence) – WLR Daily

Posted December 2nd, 2013 in care orders, children, EC law, jurisdiction, law reports, news by sally

In re B (A Child) (Care Proceedings: Habitual Residence) [2013] EWCA Civ 1434; [2013] WLR (D) 461

‘Where a child was habitually resident in Sweden at the time when the courts of England and Wales were seised of care proceedings relating to the child, the fact that there were no extant proceedings relating to the child in Sweden did not prevent the Swedish courts having jurisdiction under article 8 of Council Regulation (EC) No 2201/2003.’

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Further Twitter user found to have breached Venables and Thompson injunction – Attorney General’s Office

Posted December 2nd, 2013 in anonymity, injunctions, internet, news by sally

‘Man admits knowingly breaching an injunction on images or information claiming to be the adults Jon Venables or Robert Thompson.’

Full story

Attorney General’s Office, 27th November 2013

Source: www.gov.uk/ago

The Unity of Law ‐ Or The Dangers of Over‐Specialisation – Speech by Sir Rabinder Singh

Posted December 2nd, 2013 in barristers, judiciary, speeches by sally

The Unity of Law ‐ Or The Dangers of Over‐Specialisation (PDF)

Speech by Sir Rabinder Singh

Society of Legal Scholars Centenary Lecture, 28th November 2013

Source: www.judiciary.gov.uk

Young v Young – An Analysis of the Judgment – Family Law Week

Posted December 2nd, 2013 in bankruptcy, contempt of court, costs, disclosure, divorce, news by sally

‘Thomas Dudley, barrister, of 1 Garden Court Chambers provides a detailed guide to “as complicated a financial remedies case as has been dealt with by the courts”.’

Full story

Family Law Week, 2nd December 2013

Source: www.familylawweek.co.uk

BSB produces additional clarification in relation to Public Access rules and foreign work – Bar Standards Board

Posted December 2nd, 2013 in barristers, foreign jurisdictions, news, professional conduct by sally

‘The BSB has produced additional guidance for Public Access barristers instructed directly by lay foreign clients or lay clients in England and Wales for whom they are doing foreign work. Under the new Handbook, the Public Access rules will apply in relation to these clients for the first time. The guidance states.’

Full story

Bar Standards Board, 2nd December 2013

Source: www.barstandardsboard.org.uk

Welfare of child not a trump card against deportation – UK Human Rights Blog

Posted December 2nd, 2013 in asylum, children, deportation, families, human rights, judicial review, news, proportionality by sally

‘The Supreme Court has clarified the principles to be applied when considering the welfare of children in deportation cases. The following summary is based on the Supreme Court’s Press Summary.’

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UK Human Rights Blog, 29th November 2013

Source: www.ukhumanrightsblog.com

Allocations and legitimate expectation – NearlyLegal

Posted December 2nd, 2013 in housing, judicial review, local government, news by sally

‘In R(Alansi) v Newham LBC, Stuart-Smith J held that, although Ms Alansi had a legitimate expectation that she would remain a priority homeseeker on Newham’s housing register, Newham had not acted unreasonably and in abuse of its power by withdrawing its representation. It is a case which demonstrates (again) just how hard it is to shoehorn a genuine grievance into a successful JR challenge, doubly so in the context of a local authority allocation scheme.’

Full story

NearlyLegal, 1st December 2013

Source: www.nearlylegal.co.uk

Drug dealer Rico Walker jailed for 16 years – BBC News

Posted December 2nd, 2013 in drug trafficking, news, sentencing by sally

‘A drug dealer who supplied heroin with a street value of £20m over a two-year period has been jailed for 16 years.’

Full story

BBC News, 29th November 2013

Source: www.bbc.co.uk

Herbie Hide jailed for conspiracy to supply cocaine – BBC News

Posted December 2nd, 2013 in conspiracy, drug trafficking, news, sentencing by sally

‘Former world champion boxer Herbie Hide has been jailed for 22 months after admitting selling cocaine.’

Full story

BBC News, 29th November 2013

Source: www.bbc.co.uk

UK terror law watchdog calls for end to detention at borders without suspicion – The Guardian

Posted December 2nd, 2013 in airports, detention, news, police, terrorism by sally

‘Britain’s anti-terror law watchdog has said police should no longer be able to detain people at the UK’s borders without any suspicion of wrongdoing, following the detention of David Miranda in August.’

Full story

The Guardian, 1st December 2013

Source: www.guardian.co.uk

South Yorkshire Police investigated over Ian Watkins – BBC News

Posted December 2nd, 2013 in child abuse, children, complaints, news, police, sexual offences by sally

‘A watchdog is investigating South Yorkshire Police’s handling of complaints about a rock star who has admitted child sex offences.’

Full story

BBC News, 30th November 2013

Source: www.bbc.co.uk

Child taken from womb by social services – Daily Telegraph

Posted December 2nd, 2013 in birth, care orders, mental health, news, social services by sally

‘Essex social services have obtained a court order against a woman that allowed her to be forcibly sedated and for her child to be taken from her womb by caesarean section.’

Full story

Daily Telegraph, 30th November 2013

Source: www.telegraph.co.uk

Mairead Philpott loses appeal against 17-year sentence for manslaughter – The Guardian

Posted December 2nd, 2013 in appeals, arson, causing death of children or vulnerable adults, homicide, news, sentencing by sally

‘Mairead Philpott has had her 17-year prison sentence for killing her six children in a house fire in Derby upheld by the court of appeal.’

Full story

The Guardian, 29th November 2013

Source: www.guardian.co.uk

Rape prevention work needed, says senior police officer – BBC News

Posted December 2nd, 2013 in crime prevention, news, police, rape by sally

‘Police in England and Wales are being urged to be more proactive in their efforts to prevent rapes.’

Full story

BBC News, 2nd December 2013

Source: www.bbc.co.uk

Sex offender Leslie Whiting who breached injunction ‘should be jailed’ – The Independent

Posted December 2nd, 2013 in Court of Protection, injunctions, learning difficulties, news, sexual offences by sally

‘A sex offender should be jailed for allegedly defying the orders of a court to stay away from a former girlfriend who has a learning disability, a judge was told yesterday.’

Full story

The Independent, 29th November 2013

Source: www.independent.co.uk

Regina (Members of the Committee of Care North East Northumberland) v Northumberland County Council – WLR Daily

Posted November 29th, 2013 in care homes, fees, law reports, local government, social services by sally

Regina (Members of the Committee of Care North East Northumberland) v Northumberland County Council [2013] WLR (D) 460

“The Court of Appeal gave guidance as to how to assess whether a local authority had (i) complied with its statutory duty to provide accommodation and social care services to adults in its area who, by reason of age, illness, disability or any other circumstances, were in need of care and attention which was not otherwise available to them, and (ii) followed guidance contained in a local authority circular, by having ‘due regard’ to the actual costs of providing care and other local factors.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Isis Investments Ltd v Oscatello Investments Ltd and others – WLR Daily

Posted November 29th, 2013 in appeals, banking, conflict of interest, EC law, jurisdiction, law reports by sally

Isis Investments Ltd v Oscatello Investments Ltd and others [2013] EWCA Civ 1493; [2013] WLR (D) 459

“Articles 10(2)(e) and 32 of Council Directive 2001/24/EC required a careful construction of the phrases ‘lawsuits pending’ and ‘pending lawsuit’ if one were to rely on the provisions in order to permit a departure from the general principle contained within article 10(1) that a credit institution should be wound up in accordance with the laws of its home member state.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Zoumbas v Secretary of State for the Home Department – WLR Daily

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas v Secretary of State for the Home Department [2013] UKSC 74; [2013] WLR (D) 458

“The fact that the children of failed asylum seekers were not British citizens, and therefore had no right to education and health care in the United Kingdom, was relevant when assessing whether it was reasonable to expect them to live in another country if their parents were removed from the United Kingdom.”

WLR Daily, 27th November 2013

Source: www.iclr.co.uk

Blythe v Ministry of Defence – WLR Daily

Posted November 29th, 2013 in consent orders, damages, law reports, time limits by sally

Blythe v Ministry of Defence [2013] WLR (D) 457

“The court had power to extend the time specified in a consent order for an award of provisional damages made under RSC Ord 37, r 8 for the claimant to make an application for further damages notwithstanding that the claimant’s application for an extension was not made until after the expiry of the specified period.”

WLR Daily, 25th November 2013

Source: www.iclr.co.uk

Zoumbas (Appellant) v Secretary of State for the Home Department – Supreme Court

Posted November 29th, 2013 in appeals, asylum, children, human rights, immigration, law reports, Scotland, Supreme Court by sally

Zoumbas (Appellant) v Secretary of State for the Home Department [2013] UKSC 74 | UKSC 2013/0100 (YouTube)

Supreme Court, 27th November 2013

Source: www.youtube.com/user/UKSupremeCourt