MoD lawyers soar as Armed Forces’ budgets cut – Daily Telegraph
“Number of military lawyers employed by the Ministry of Defence has risen by nearly half in recent years.”
Daily Telegraph, 1st November 2013
Source: www.telegraph.co.uk
Man wrongly charged in Crown Prosecution Service’s ‘homophobic witch-hunt’ – The Independent
“A man whose life was ruined when he was charged with child sex offences after looking at legal gay pornography in a hotel room has accused the police and Crown Prosecution Service of a ‘homophobic witch-hunt’ after his case was finally thrown out. The defendant endured a ‘two-year nightmare’ after being arrested in front of his family, charged with 10 offences almost a year later and repeatedly bailed, before every charge was dropped. If convicted he would have faced jail and been forced to sign the sex offenders’ register. His father died while he was awaiting trial.”
The Independent, 1st November 2013
Source: www.independent.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Supreme Court
Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67 (30 October 2013)
Court of Appeal (Criminal Division)
SO v The Crown [2013] EWCA Crim 1725 (11 October 2013)
Silvera, R. v [2013] EWCA Crim 1764 (04 October 2013)
Bailey, R. v [2013] EWCA Crim 1779 (04 October 2013)
High Court (Technology and Construction Court)
Co-Operative Group Ltd v Birse Development Ltd [2013] EWHC 3352 (TCC) (17 October 2013)
High Court (Patents Court)
HTC Corporation v Nokia Corporation [2013] EWHC 3247 (Pat) (30 October 2013)
Source: www.bailii.org
Law, morality and religion in the family courts – Keynote address given by Sir James Munby
Law, morality and religion in the family courts (PDF)
Keynote address given by Sir James Munby
The Law Society’s Family Law Annual Conference, 29th October 2013
Source: www.judiciary.gov.uk
Therapeutic Provision for Parents in Care Proceedings – who should be footing the bill? – Family Law Week
“Matthew Burman, barrister of St Albans Chambers explores the respective legal duties of the NHS and local authorities in securing the provision of psychotherapy for parents in care proceedings.”
Family Law Week, 31st October 2013
Source: www.familylawweek.co.uk
Young Legal Aid Lawyers: Social Mobility – Speech by Lady Hale
Young Legal Aid Lawyers: Social Mobility (PDF)
Speech by Lady Hale
London South Bank University, 30th October 2013
Source: www.supremecourt.gov.uk
Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily
“Where a statute required that something be prescribed in delegated legislation, it envisaged that the latter would add something to what was contained in the primary legislation. Therefore the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011, purportedly made under section 17A of the Jobseekers Act 1995 which provided for the making of regulations to require claimants in receipt of jobseeker’s allowance to participate in schemes of a ‘prescribed description’, were unlawful because they set up a named scheme without any description over and above what was already in section 17A.”
WLR Daily, 30th October 2013
Source: www.iclr.co.uk
You can’t be disabled when you’re dead – a footnote to R (Antoniou) – UK Human Rights Blog
“A somewhat curious additional point arises out of the case of R (Antoniou) – see my earlier post for the main issue – in which the court decided that Article 2 ECHR does not require an independent investigation into deaths in state detention prior to a coroner’s inquest. There was therefore no obligation to ensure that there was an independent investigation into the suicide, or death resulting from self-harm, of a mentally ill person detained under Section 3 of the Mental Health Act 1983. There is such an investigation when a prisoner commits suicide. The Claimant thought this smacked of discrimination against the mentally disabled. The Court disagreed – on the somewhat surprising ground that you can’t be disabled once you’re dead.”
UK Human Rights Blog, 31st October 2013
Source: www.ukhumanrightsblog.com
Lawyers to earn higher legal aid fees for early guilty pleas – The Guardian
“Lawyers will be given financial incentives to encourage clients to plead guilty early under government reforms to legal aid but will lose money if cases go to trial, according to solicitors in London.”
The Guardian, 1st November 2013
Source: www.guardian.co.uk
Don’t ignore the Court of Appeal – NearlyLegal
“A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court appeals of judgment and damages where both parties were in person.”
NearlyLegal, 31st October 2013
Source: www.nearlylegal.co.uk
First verdict on Jackson: litigators give thumbs down – Litigation Futures
“Seven months into the Jackson reforms and litigators see rising costs and no greater access to justice as the main results so far, according to a new poll.”
Litigation Futures, 31st October 2013
Source: www.litigationfutures.com
Women sentenced for stripping at Manchester airport – Daily Telegraph
“Two women have been sentenced for taking off their clothes in front of shocked passengers at Manchester airport.”
Daily Telegraph, 1st November 2013
Source: www.telegraph.co.uk
Court of Appeal broadcasters must learn the Supreme Court lessons – UK Human Rights Blog
“TV cameras are recording Court of Appeal hearings from today. The BBC, ITN, Sky News and the Press Association are cooperating on the project, and have hired an in-court video-journalist who will recommend the most interesting cases.”
UK Human Rights Blog, 31st October 2013
Source: www.ukhumanrightsblog.com
Schedule 7: A Necessary Evil? – Garden Court Chambers Blog
“Ali Naseem Bajwa QC and Terry McGuinness examine port stops carried out under Schedule 7 of the Terrorism Act 2000.”
Garden Court Chambers Blog,
Source: www.gclaw.wordpress.com
Proportion of young offenders committing new crimes reached 10-year high – Daily Telegraph
“Young criminals are more likely to commit additional crimes than they were 10 years ago, according to figures published by the Government.”
Daily Telegraph, 31st October 2013
Source: www.telegraph.co.uk
Liz Fisher: The Proposal for a New Specialist Planning Chamber and the Framing of Administrative Law – UK Constitutional Law Group
“One of proposals in the Ministry of Justice’s paper on Judicial Review: Proposals for Further Reform is the creation of a new specialist planning chamber as part of the Upper Tribunal. While planning tends to be thought of as a niche area of public law (and a technically dense one at that) the way in which the paper frames discussion should give public lawyers pause for thought. This is particularly when planning judicial reviews have often been cited by government representatives as examples of why reform is needed to judicial review. The Further Reforms paper is no exception – the only two ‘case studies’ (albeit no case names) given in the paper are of judicial review of planning decisions (p 5 and 6).”
UK Constitutional Law Group, 1st November 2013
Source: www.ukconstitutionallaw.org
FCA outlines plans to tighten regulation in asset management industry – OUT-LAW.com
“The Financial Conduct Authority (FCA) is to conduct a review into the asset management industry in an effort to understand whether payment arrangements between asset managers and brokers give rise to conflicts of interest in the market.”
OUT-LAW.com, 31st October 2013
Source: www.out-law.com
Human Rights Act is stopping us deporting foreign criminals, minister says – Daily Telegraph
“European human rights laws that prevent the deportation of foreign criminals must be overhauled, a minister has said, after figures showed that only a tiny fraction are ever thrown out of Britain.”
Daily Telegraph, 31st October 2013
Source: www.telegraph.co.uk
