Of Superglue and Residence – NearlyLegal

Posted November 7th, 2013 in evidence, housing, news, retrials, squatting, trespass by sally

“A prosecution under s.144 LASPO that came unstuck.”

Full story

NearlyLegal, 5th November 2013

Source: www.nearlylegal.co.uk

Accept no substitutes – NearlyLegal

“Purewal v Ealing Borough Council (2013) CA Civ Div 05/11/2013.
This was Ealing’s appeal from a s.204 appeal brought by Ms Purewal. At the s.204 appeal, the Circuit Judge had varied Ealing’s review decision that Ms P was intentionally homeless and substituted a decision that she was unintentionally homeless.”

Full story

NearlyLegal, 6th November 2013

Source: www.nearlylegal.co.uk/blog/

Transforming Legal Aid: Next Steps – Consultation Response by Garden Court Chambers – Garden Court Chambers Blog

Posted November 7th, 2013 in barristers, consultations, criminal justice, fees, law firms, legal aid, news, solicitors by sally

“Garden Court Chambers have formulated the below response to the Ministry of Justice consultation document ‘Transforming Legal Aid: Next Steps.’ The response reiterates Chambers’ strong opposition to the cuts to legal aid.”

Full story

Garden Court Chambers Blog, 1st November 2013

Source: www.gclaw.wordpress.com

R ota Nfuni v Solihull MBC [2013] EWHC 3155 – Education Law Blog

Posted November 7th, 2013 in asylum, children, education, immigration, local government, news, universities by sally

“In this case the claimant was a failed asylum seeker.  She had arrived in the UK at the age of 16. When she turned 18, the local authority continued to support her accommodation and education under section 23C of the Children Act 1989. This imposes after-care duties towards ‘former relevant children’, including by subsection (4) financial assistance in connection with education or training ‘to the extent that [her] welfare and [her] educational or training needs require it’. ”

Full story

Education Law Blog, 27th October 2013

Source: www.education11kbw.com

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening) – WLR Daily

Aintree University Hospitals NHS Foundation Trust v James and others (Intensive Care Society and another intervening): [2013] UKSC 67;   [2013] WLR (D)  421

“When an application was made for an order that it would be lawful, as being in the patient’s best interests pursuant to section 1(5) of the Mental Capacity Act 2005, for life sustaining medical treatment to be withheld, the focus had to be on whether it would be in the patient’s best interests to give the treatment, rather than on whether it would be in his best interests to withhold or withdraw it.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

 

BAILII: Recent Decisions

Posted November 7th, 2013 in law reports by sally

Supreme Court

The Alexandros T, Re [2013] UKSC 70 (6 November 2013)

Cotter v Revenue & Customs [2013] UKSC 69 (6 November 2013)

Court of Appeal (Civil Division)

Japp v Virgin Holidays Ltd [2013] EWCA Civ 1371 (07 November 2013)

McDonald v Department for Communities and Local Government & Anor [2013] EWCA Civ 1346 (06 November 2013)

W (Fact Finding: Hearsay Evidence) [2013] EWCA Civ 1374 (06 November 2013)

Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1320 (06 November 2013)

Khakh v Independent Safeguarding Authority [2013] EWCA Civ 1341 (06 November 2013)

Stuart Bracking & Ors v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 (06 November 2013)

AJA & Ors v Commissioner of Police for the Metropolis & Ors [2013] EWCA Civ 1342 (05 November 2013)

Court of Appeal (Criminal Division)

Bor, R v [2013] EWCA Crim 1916 (06 November 2013)

Arthur v R [2013] EWCA Crim 1852 (29 October 2013)

High Court (Administrative Court)

Gafaro, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3365 (Admin) (06 November 2013)

Elosta v Commissioner of Police for the Metropolis & Ors [2013] EWHC 3397 (Admin) (06 November 2013)

High Court (Commercial Court)

Tokio Marine Europe Insurance Ltd v Novae Corporate Underwriting Ltd [2013] EWHC 3362 (Comm) (06 November 2013)

Source: www.bailii.org

 

 

Delroy Catwell given life for Lylah Aaron murder – BBC News

Posted November 7th, 2013 in children, murder, news, sentencing by sally

“A man who murdered his girlfriend’s young daughter when he was supposed to be looking after her has been ordered to serve at least 20 years in jail.”

Full story

BBC News, 6th November 2013

Source: www.bbc.co.uk

Cheating husband jailed for life for skipping rope cover-up murder of wife – Daily Telegraph

Posted November 7th, 2013 in murder, news, sentencing by sally

“Alan Evans, from Kidderminster, Worcestershire, will serve at least 17 years in jail for killing his wife Louise by pushing her down the stairs after she learned of his affair with Amanda Chadwick, a teaching assistant.”

Full story

Daily Telegraph, 6th November 2013

Source: www.telegraph.co.uk

Father of dead baby Nico Maynard ‘was massive risk’ – BBC News

Posted November 7th, 2013 in child cruelty, inquests, murder, news, social services by sally

“The father of a baby found dead with a fractured skull had been previously jailed for child cruelty and was a ‘massive risk’, an inquest has heard.”

Full story

BBC News, 6th November 2013

Source: www.bbc.co.uk

Iraq Inquiry: Hold-up over access to key documents – BBC News

Posted November 7th, 2013 in delay, disclosure, documents, inquiries, Iraq, news by sally

“The Iraq Inquiry says it cannot proceed with the next phase of its work because key information, including correspondence between Tony Blair and George W Bush, has yet to be released.”

Full story

BBC News, 6th November 2013

Source: www.bbc.co.uk

Dominic Grieve: Every prisoner in Britain could sue for damages over voting ban – Daily Telegraph

Posted November 7th, 2013 in bills, damages, elections, human rights, news, prisons, treaties by sally

“Tens of thousands of prisoners could be in line for compensation because they have been denied their ‘human right’ to vote, the Attorney General has warned. Dominic Grieve warned that all 85,000 prisoners in England and Wales could lodge claims with the European Court of Human Rights if they are barred from vote at the next election, costing taxpayers more than £60 million.”

Full story

Daily Telegraph, 6th November 2013

Source: www.telegraph.co.uk

Ministers’ plans will hand more power to Europe, says report – Daily Telegraph

Posted November 7th, 2013 in EC law, news, parliament, reports, select committees by sally

“Europe’s power over British affairs could actually be increased by the Government’s decision to opt back in to a number of criminal justice measures, MPs have warned. The House of Commons’ all-party European Scrutiny committee warned the influence of Parliament and the British courts could suffer if ministers proceed with current plans.”

Full story

Daily Telegraph, 7th November 2013

Source: www.telegraph.co.uk

UK spy chiefs to face MPs over mass surveillance – The Guardian

Posted November 7th, 2013 in intelligence services, investigatory powers, news, select committees by sally

“The three heads of the British intelligence agencies are to make an unprecedented public televised appearance in front of the intelligence and security committee of MPs where they will seek to justify the scale of their surveillance activities.”

Full story

The Guardian, 7th November 2013

Source: www.guardian.co.uk

Five disabled people win independent living fund appeal – The Guardian

“Five disabled people have won their court of appeal bid to overturn the government’s decision to abolish the independent living fund (ILF).”

Full story

The Guardian, 6th November 2013

Source: www.guardian.co.uk

Dog attack laws and statistics – Daily Telegraph

“The number of people admitted to hospital due to dog bites has risen in the last five years prompting calls for changes in the law.”

Full story

Daily Telegraph, 6th November 2013

Source: www.telegraph.co.uk

A proud profession – The Bar Council

“Addressing lazy journalism; recognising what really motivates members of the Bar; looking at the pro bono work carried out on all fronts by so many; and the need for wider understanding of this contribution by all, especially the Government.”

Full story (PDF)

The Bar Council, October 2013

Source: www.barcouncil.org.uk

EVENT: IALS – Historicising Criminal Responsibility: Mapping the Legal and Scholarly Terrain

Posted November 6th, 2013 in Forthcoming events by sally

“Criminal responsibility is now the focus of a rich socio-historical scholarly discussion. Working within that tradition, and with a focus on twentieth century developments, this paper seeks to sketch out some of the major legal developments, setting them against broader social changes in responsibility practices.”

Date: 21st November 2013, 6.00-9.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: See website for details

More information can be found here.

EVENT: The Law Society – Best practice debate: Experts and lawyers discussion

Posted November 6th, 2013 in Forthcoming events by sally

“After the sell out success of this event in May 2013 we are repeating this special evening at the Law Society. The debate will bring together some of the UKs most prominent lawyers and experienced experts in a discursive forum to discuss best practice.

EWI Governor and renowned expert Chris Easton will chair the panel along with EWI Governor and Forensic Accountant Kay Linnell. Special addresses will be given by Paul Garlick QC Barrister at Furnival Chambers. Also delivering an address will be Catherine Leech, partner in the Serious Injury Team at Pannone LLP. Together they lead the discussion providing advice and guidance on the following:

How lawyers choose an expert
What lawyers expect from experts
Deciding between two experts or an SJE
Terms and conditions of engagement
Expert’s meetings
Case management
Hot-tubbing
Impact of the Jackson Reforms
Fee level assessments and Legal Aid funding”

Date: 19th November 2013, 6.30-9.00pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: EWI Members: £60, Law Society Section Members: £60, Non-members: £70

More information can be found here.

EVENT: IALS – “Respect for law and sausages”: how Parliament made section 31 of the Growth and Infrastructure Act 2013 on the sale of employment rights

Posted November 6th, 2013 in Forthcoming events by sally

“Annual SLS Lord Renton Lecture.
Speaker: Lord Pannick QC”

Date: 28th November 2013, 6.00-7.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

EVENT: The Law Society – Public debate series: Protecting diversity: belief, conscience and the new definition of marriage

Posted November 6th, 2013 in Forthcoming events by sally

“The coalition government has announced an intention to review civil partnerships, changed the law on gay marriage and introduced tax breaks for married couples.

The shifting landscape of marriage and civil partnerships means the current protections for diversity, belief and conscience in the state’s definition of marriage is changing.

Our high-profile panel will discuss ‘Protecting diversity – belief, conscience and the state’s new definition of marriage’.”

CPD hours 1.5

Date: 12th November 2013, 6.00-8.45pm

Location: The Law Society, 113 Chancery Lane, London WC2A 1PL

Charge: Free

More information can be found here.