UK drug baron Curtis Warren ordered to pay £198m or face further 10 years in jail – The Independent

Posted November 6th, 2013 in assets recovery, confiscation, drug trafficking, news, sentencing by sally

“Curtis Warren, one of Britain’s most notorious drug smugglers, has been ordered to pay £198 million proceeds of his global empire or remain in prison for another 10 years.”

Full story

The Independent, 5th November 2013

Source: www.independent.co.uk

Darrell Mercer jailed for attack on sleeping girl, 10 – BBC News

“A convicted sex offender who grabbed a 10-year-old girl as she lay asleep in bed has been jailed for four years.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

Police spies case: women lose fight for public human rights hearing – The Guardian

“A group of women who are taking legal action against police chiefs over claims they were tricked into forming long-term relationships with undercover spies have lost their fight to have part of their case heard in public.”

Full story

The Guardian, 5th November 2013

Source: www.guardian.co.uk

Sweet shop owner fined £400 for selling 30p Asda chocolate as £3 Wonka bars – The Independent

Posted November 6th, 2013 in consumer protection, costs, counterfeiting, fines, food, news, trade marks by sally

“A sweet shop owner has been fined after he sold 30p Asda Smart Price chocolate bars as ‘Wonka’ bars worth £3.”

Full story

The Independent, 5th November 2013

Source: www.independent.co.uk

Surgeon convicted of patient manslaughter through negligence – The Guardian

Posted November 6th, 2013 in doctors, homicide, medical treatment, negligence, news, sentencing by sally

“A consultant surgeon has been convicted of the manslaughter of a patient at a private London hospital and sentenced to two and a half years in prison.”

Full story

The Guardian, 5th November 2013

Source: www.guardian.co.uk

Legal bid over David Miranda detention at Heathrow – BBC News

“Lawyers for the partner of a journalist are due back in court in a legal challenge to his airport detention under anti-terrorism laws.”

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BBC News, 6th November 2013

Source: www.bbc.co.uk

Lord Chief Justice suggests using Skype and FaceTime in courts – The Independent

“Video-call technology such as Skype and FaceTime could be used to allow criminal defendants to take part in court hearings from home, the most senior judge in England and Wales has said. In his first press conference, the new Lord Chief Justice, Lord Thomas, said the use of such applications could reduce the cost of hearings held in the run up to a trial.”

Full story

The Independent, 5th November 2013

Source: www.independent.co.uk

Probation officers strike in protest at privatisation plans – The Guardian

Posted November 5th, 2013 in contracting out, industrial action, news, probation, Serious Fraud Office by sally

“Thousands of probation officers across England and Wales are due to stage a 24-hour strike from midday on Tuesday in protest at plans to privatise 70% of their work.”

Full story

The Guardian, 5th November 2013

Source: www.guardian.co.uk

Limiting the scope of injunctions in family cases – UK Human Rights Blog

“In this case the President of the Family Division, Sir James Munby, considered an application for a contra mundum injunction by Staffordshire County Council. He emphasised that the only proper purpose of such an injunction was to protect the child and refused to make an order in the wide terms sought by the Council. As a result, he allowed the publication of video footage and photographs of a baby being removed from its parents.”

Full story

UK Human Rights Blog, 5th November 2013

Source: www.ukhumanrightsblog.com

Last chance to comment on OFT consultation on online games – Technology Law Update

Posted November 5th, 2013 in consultations, consumer protection, internet, news, undue influence by sally

“The OFT recently published a consultation paper on its proposed eight new sector-wide principles in relation to online and app-based games. Whilst the principles will not be legally binding, they make clear the OFT’s views on businesses’ obligations under consumer protection law. The principles were proposed following the results of the OFT’s investigation in April 2013 which highlighted concerns about pressure put on children to make in-game purchases because of pressure to do so within the games. It was found that, in some games, parents were unwittingly incurring large bills due to their children being misled by aggressive practices which exploited their inexperience and vulnerability (for example, by implying that other players or characters within a game were reliant on the consumer paying for something). The OFT considered that these types of practices may amount to undue influence.”

Full story

Technology Law Update, 5th November 2013

Source: www.technology-law-blog.co.uk

Power of sale – can the mortgagee be forced to wait? – New Square Chambers

Posted November 5th, 2013 in Crown, jurisdiction, mortgages, news, sale of land, Turks and Caicos Islands by sally

“In Temple Mortgage Fund Ltd v Att-Gen for the Turks and Caicos Islands (unreported, Supreme Court of the Turks and Caicos Islands, 26 July 2013), until just before the trial the only issue appeared to be the timing of the mortgagee’s exercise of its power of sale. However, at a very late stage the Defendant raised a further issue, namely whether certain provisions in the Plaintiff’s charge were binding on the Crown at all. Both issues were determined in favour of the Plaintiff.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Rent recovery after exercising a break clause – New Square Chambers

Posted November 5th, 2013 in contracts, landlord & tenant, leases, news, rent by sally

“A tenant’s option to determine a commercial lease (a ‘break clause’) is a common feature of the modern landlord and tenant relationship. As a result of the weak economy and the ability of tenants to determine unilaterally an unfavourable lease on terms, there have recently been a number of reported decisions concerning the disputed exercise of break clauses. The typical interests in conflict have been described in Canonical UK Ltd v TST Millbank LLC [2012] EWHC 3710 (Ch) by Vos J (para 3): ‘This is a hard case for both sides. The tenant company … needs to know if it has successfully broken the lease because its future business depends on using its resources elsewhere. The landlord in these poor economic times seeks to use any argument it properly can to keep its building tenanted.'”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Hazards with the use of Court-approved Deprivation of Liberty Safeguards (DoLS) and Legal aid – Thirty Nine Essex Street

Posted November 5th, 2013 in deprivation of liberty safeguards, legal aid, mental health, news by sally

“This paper has been prepared for the information of legal practitioners by the Law Society’s Mental Health and Disability Committee. It sets out our concerns as to the impact of the Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 on the entitlement to non-means tested legal aid in DoLs cases where there is court challenge to a DoLS authorisation.”

Full story (PDF)

Thirty Nine Essex Street, November 2013

Source: www.39essex.com

A negative note – New Square Chambers

Posted November 5th, 2013 in appeals, debts, mortgages, news, repossession, sale of land by sally

“As everyone knows, a mortgagee may go into possession before the paper has cooled down after coming out of the printer, or something like that. But under modern conditions, and particularly with residential mortgages, the strictness of this rule is reduced or removed by agreement or the impact of statute. Even so the principle that the mortgagee is entitled to possession and the limits on the court’s power to deny him that entitlement means that a mortgagor in distress may have very little control over his fate.”

Full story (PDF)

New Square Chambers, 31st October 2013

Source: www.newsquarechambers.co.uk

Single mothers lose legal challenge to benefit cap – BBC News

Posted November 5th, 2013 in benefits, human rights, judicial review, news, social security by sally

“Three single mothers and their children have lost a legal challenge to the government’s benefit cap.”

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BBC News, 5th November 2013

Source: www.bbc.co.uk

Daniel Smith jailed for raping 84-year-old woman – BBC News

Posted November 5th, 2013 in burglary, news, rape, sentencing by sally

“A man who admitted raping an 84-year-old woman with dementia after breaking into her home in Oxford has been jailed.”

Full story

BBC News, 5th November 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 5th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Simpson & Ors (t/a Harrow Solicitors and Advocates) v Godson & Ors [2013] EWCA Civ 1339 (04 November 2013)

Nageh v David Game College Ltd & Anor [2013] EWCA Civ 1340 (04 November 2013)

High Court (Chancery Division)

Shearer & Ors v Spring Capital Ltd & Ors [2013] EWHC 3373 (Ch) (04 November 2013)

High Court (Administrative Court)

Bickford -Smith, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs [2013] EWHC 3371 (Admin) (04 November 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 5th, 2013 in legislation by sally

The Criminal Legal Aid (General) (Amendment) Regulations 2013

The Criminal Legal Aid (Contribution Orders) (Amendment) Regulations 2013

The Costs in Criminal Cases (General) (Amendment) (No. 2) Regulations 2013

Source: www.legislation.gov.uk

F v. F: latest developments in children and consent to medical treatment – Barristers’ Hub

Posted November 5th, 2013 in children, consent, medical treatment, news, vaccination by sally

“This was the father’s application for a declaration and a specific issue order for his daughters to have the MMR vaccine. The girls are now aged 15 years (L) and 11 years (M) respectively. The parents were married but are now divorced. During the marriage, the parties agreed they would not consent to either of the children having the MMR vaccine. Judgment was handed down by Theis J in private on 5th September 2013, but was released on 12th October 2013. Theis, J. made a declaration that,

‘It is in the interests of both L and M to receive the MMR vaccination and that they should do so before 11 October 2013 on a date to be arranged by the parents together with the GP’.”

Full story

Barristers’ Hub, 4th November 2013

Source: www.barristershub.co.uk

New Chambers supervision strategy launched – Bar Standards Board

Posted November 5th, 2013 in barristers, complaints, news, pupillage, quality assurance by sally

“From January 2014, all Chambers will be required to participate in new supervision arrangements, set out by the Bar Standards Board (BSB) today.”

Full story

Bar Standards Board, 5th November 2013

Source: www.barstandardsboard.org.uk