Geoffrey Sturdey: Three sentenced on burial charges – BBC News
‘Two women who failed to report the death of a man and went on to claim his benefits have been jailed for 20 months.’
BBC News, 17th February 2014
Source: www.bbc.co.uk
Deferred prosecution agreements to be made available next week as new guidance published – OUT-LAW.com
‘Prosecutors will be able to enter into US-style ‘plea bargains’ with corporate offenders from next week, providing an alternative to prosecution in cases of economic crime such as bribery or fraud.’
OUT-LAW.com, 17th February 2014
Source: www.out-law.com
EVENT: The Stephen Lawrence Charitable Trust – 2nd Annual Criminal Justice Lecture
‘We are privileged to announce that our keynote speaker will be Michael Mansfield QC, raising the topic of ‘Undercover Policing and the Secret State’ Rt Hon. Sadiq Khan MP will chair the event. The lecture will be followed by a panel discussion and Q&A.’
Date: 25th March 2014, 18.30-9.00pm
Location: TUC, Congress House, 23-28 Great Russell Street, London WC1B 3LS
Charge: £20, Student concession £5
More information can be found here.
Judge orders fresh decision over property and care home fee payment – Local Government Lawyer
‘A claimant has successfully challenged a council’s decision to uphold its reversal of a previous decision to disregard a property owned by her mother in calculating the mother’s ability to pay care home fees.’
Local Government Lawyer, 17th February 2014
Source: www.localgovernmentlawyer.co.uk
Discharge of duty by helping eviction – NearlyLegal
‘This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council’s refusal to carry out a review of the method it had decided upon to discharge its full housing duty.’
NearlyLegal, 17th February 2014
Source: www.nearlylegal.co.uk
‘Petite’ firearms officer wins sex discrimination case because gun was too big for her hands – Daily Telegraph
‘Victoria Wheatley, part of the armed unit which protects the Sellafield atomic complex, could not reach her weapon’s trigger’
Daily Telegraph, 17th February 2014
Source: www.telegraph.co.uk
Over 140 children identified as sex slaves in 2013 – The Independent
‘More than 140 children were identified as being trafficked for sexual abuse last year as the numbers of people rescued from being held as slaves soared by nearly half.’
The Independent, 18th February 2014
Source: www.independent.co.uk
Mother’s permissive parenting harmed sons, court rules in custody battle – The Guardian
‘A woman has lost custody of her two sons after a judge said she had “significantly failed” the children through permissive parenting, accepting the argument that she acted “more like a friend than a parent” to the two boys.’
The Guardian, 17th February 2014
Source: www.guaridan.co.uk
Lostprophets’ Ian Watkins: Claims paedophile could have been caught sooner – BBC News
‘Calls have been made for an inquiry into claims paedophile rock star Ian Watkins could have been caught sooner.’
BBC News, 18th February 2014
Source: www.bbc.co.uk
Gangster husband of BBC executive jailed after two month extortion campaign – Daily Telegraph
‘Career criminal Tommy Roye recruited two enforcers to have his victim’s car torched on his driveway.’
Daily Telegraph, 17th February 2014
Source: www.telegraph.co.uk
Whole-life sentences verdict due – The Guardian
‘Leading judges are to give a crucial ruling on Tuesday on whether whole-life sentences are legal.’
The Guardian, 18th February 2014
Source: www.guardian.co.uk
Smoking ban in cars – right idea, wrong execution – Halsbury’s Law Exchange
‘MPs were given a free vote last week on whether they wanted to create a law making it illegal to smoke in a car whilst a child is present.’
Halsbury’s Law Exchange, 17th February 2014
Source: www.halsburyslawexchange.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Grant & Ors v R. [2014] EWCA Crim 143 (13 February 2014)
Court of Appeal (Civil Division)
Mohamud v Wm Morrison Supermarkets Plc [2014] EWCA Civ 116 (13 February 2014)
Ali v Washwood Heath Technology College & Ors [2014] EWCA Civ 97 (13 February 2014)
Meiklejohn v St George’s Healthcare NHS Trust & Anor [2014] EWCA Civ 120 (13 February 2014)
High Court (Queen’s Bench Division)
Parallel Media LLC v Chamberlain & Anor [2014] EWHC 214 (QB) (13 February 2014)
Wemyss v Karim & Anor [2014] EWHC 292 (QB) (13 February 2014)
High Court (Chancery Division)
Comic Enterprises Ltd v Twentieth Century Fox Film Corp [2014] EWHC 185 (Ch) (07 February 2014)
Abouraya v Sigmund & Ors [2014] EWHC 277 (Ch) (13 February 2014)
High Court (Family Division)
AB (A Child), Re [2014] EWHC 276 (Fam) (13 February 2014)
High Court (Administrative Court)
Hamnett v Essex County Council [2014] EWHC 246 (Admin) (13 February 2014)
Beeres v Crown Prosecution Service (West Midlands) [2014] EWHC 283 (Admin) (13 February 2014)
High Court (Technology and Construction Court)
The Bank of Ireland & Anor v Philip Pank Partnership [2014] EWHC 284 (TCC) (12 February 2014)
Source: www.bailii.org
Court of Protection Update – Family Law Week
‘Sally Bradley and Michael Edwards, barristers of 4 Paper Buildings, consider the President’s guidance on transparency in the Court of Protection as well as the most important recent judgments.’
Family Law Week, 16th February 2014
Source: www.familylawweek.co.uk
Regina (Walford) v Worcestershire County Council and another – WLR Daily
‘Whilst a “home” in paragraph 2(1)(b) of Schedule 4 to the National Assistance (Assessment of Resources) Regulations 1992 was to be read as the only or main home it also denoted a place to which a person had a degree of both physical and emotional attachment.’
WLR Daily, 10th February 2014
Source: www.iclr.co.uk
H Gautzsch Großhandel GmbH & Co KG v Münchener Boulevard Möbel Joseph Duna GmbH – WLR Daily
‘It was possible that an unregistered design could reasonably have become known in the normal course of business to the “circles specialised in the sector concerned” operating within the European Union, within the meaning of article 11(2) of Council Regulation (EC) No 6/2002, if images of the design were distributed to traders operating in that sector. However, it was possible that an unregistered design might not reasonably have become known in the normal course of business to the circles specialised in the sector concerned, operating within the European Union, even though it was disclosed to third parties without any explicit or implicit conditions of confidentiality, if it had been “made available”, within the meaning of article 7(1) of the Regulation, to only one undertaking in that sector or had been presented only in the showrooms of an undertaking outside the European Union.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
Mohamud v W M Morrison Supermarkets plc – WLR Daily
Mohamud v W M Morrison Supermarkets plc [2014] EWCA Civ 116; [2014] WLR (D) 68
‘Where an employee’s duties included interaction with customers but did not involve any element of keeping public order or exercising authority over them, the employer was not vicariously liable for an assault by the employee on a customer. The mere fact of contact between a sales assistant and a customer, which was plainly authorised by an employer, was not of itself sufficient to fix the employer with vicarious liability.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
In re NL (A Child) (Appeal: Interim Care Order: Facts and Reasons) – WLR Daily
‘The case raised issues of practice and procedure arising in the early stages of care proceedings including: (i) the importance of the need to ensure a just and fair assessment process despite the impetus to complete public law cases within 26 weeks, (ii) the alarming and patently wrong practice of justices sitting in the family proceedings court adopting the local authority’s analysis of what their findings and reasons might comprise, and (iii) the importance of listing appeals from interim care orders, where separation had been sanctioned, as a matter of urgency.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
European Commission v United Kingdom (Kingdom of Denmark and another intervening) – WLR Daily
‘A European Union (“EU”) Directive could not be transposed by national case law since EU law conferred on individuals specific rights which would need unequivocal rules in order to be effective. In the field of public participation in decision‑making and access to justice in environmental matters, the costs regime laid down by United Kingdom case law did not ensure a claimant reasonable predictability in relation to both whether the costs of the judicial proceedings in which he became involved were payable by him and their amount, although such predictability appeared particularly necessary because judicial proceedings in the United Kingdom entailed high lawyers’ fees. Moreover, the United Kingdom’s system of cross-undertakings in respect of the grant of interim relief constituted an additional element of uncertainty and imprecision so far as concerned compliance with the requirement that proceedings not be prohibitively expensive.’
WLR Daily, 13th February 2014
Source: www.iclr.co.uk
