Recent Statutory Instruments – legislation.gov.uk

Posted October 17th, 2013 in legislation by sally

The Proceeds of Crime Act 2002 (External Investigations) Order 2013

The Proceeds of Crime Act 2002 (External Requests and Orders) (Amendment) Order 2013

The Syria (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2013

The Transfer of Functions (Elections and Referendums) Order 2013

The General Optical Council (Fitness to Practise) Rules Order of Council 2013

The Nitrate Pollution Prevention (Designation and Miscellaneous Amendments) Regulations 2013

The Democratic People’s Republic of Korea (Sanctions) (Overseas Territories) (Amendment) (No. 2) Order 2013

The Patents (Isle of Man) Order 2013

The Welfare Reform Act 2012 (Commencement No. 13 and Transitional and Transitory Provisions) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 17th, 2013 in law reports by sally

Supreme Court

Chester, R (on the application of) v Secretary of State for Justice [2013] UKSC 63 (16 October 2013)

Court of Appeal (Civil Division)

Beverley Winchester & Anor v Farmer [2013] EWCA Civ 1235 (16 October 2013)

B4U Network (Europe) Ltd v Performing Right Society Ltd [2013] EWCA Civ 1236 (16 October 2013)

West Sussex County Council v Pierce (A Child) [2013] EWCA Civ 1230 (16 October 2013)

JJ Food Service Ltd v Zulhayir [2013] EWCA Civ 1226 (16 October 2013)

High Court (Chancery Division)

Flogas Britain Ltd v Calor Gas Ltd [2013] EWHC 3060 (Ch) (16 October 2013)

SC Johnson & Son Inc v Hillshire Brands Company & Anor [2013] EWHC 3080 (Ch) (16 October 2013)

Maresca v Brookfield Development & Construction & Anor [2013] EWHC 3151 (Ch) (16 October 2013)

Invideous Ltd & Ors v Thorogood & Ors [2013] EWHC 3015 (Ch) (11 October 2013)

High Court (Administrative Court)

Evans, R (on the application of) v Secretary of State for Defence [2013] EWHC 3068 (Admin) (16 October 2013)

Leathley & Ors, R (on the application of) v Visitors to the Inns of Court & Anor [2013] EWHC 3097 (Admin) (16 October 2013)

Bristow, R (on the application of) v Secretary of State for Justice & Anor [2013] EWHC 3094 (Admin) (16 October 2013)

High Court (Commercial Court)

Al Nasr CO for Coke and Chemicals v Fairdeal Supplies Ltd [2013] EWHC 3131 (Comm) (16 October 2013)

AP-Fonden v Bank of New York Mellon SA/NV & Ors [2013] EWHC 3127 (Comm) (16 October 2013)

Source: www.bailii.org

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) – Supreme Court

Posted October 17th, 2013 in appeals, elections, human rights, law reports, prisons, Supreme Court by sally

R (on the application of Chester) (Appellant) v Secretary of State for Justice (Respondent); McGeoch (AP) (Appellant) v The Lord President of the Council and another (Respondents) (Scotland) [2013] UKSC 63 (YouTube)

Supreme Court, 16th October 2013

Source: www.youtube.com/user/UKSupremeCourt

This Supreme Court prisoner voting decision really is a victory for common sense – UK Human Rights Blog

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“The Lord Chancellor Chris Grayling recently told The Spectator that he wants ‘to see our Supreme Court being supreme again’. In light of his respect for the court, he should read today’s judgment on prisoner votes very carefully indeed, as should David Cameron who has already endorsed the decision as a ‘great victory for common sense’.”

Full story

UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

No law degree required for would-be solicitors – Times Higher Education

Posted October 17th, 2013 in legal education, news, solicitors, universities by sally

“Solicitors will no longer need to have a degree in order to qualify under a radical shake-up of legal training that it has been claimed could spell the ‘death’ of some law undergraduate courses.”

Full story

Times Higher Education, 17th October 2013

Source: www.timeshighereducation.co.uk

New legal battle over gay adverts on London buses – Daily Telegraph

Posted October 17th, 2013 in advertising, homosexuality, news, transport by sally

“Transport chiefs in London have been accused of reopening a bitter row over homosexuality which saw Boris Johnson step in to ban advertisements on London buses promoting the idea that gay people could be ‘cured’.”

Full story

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Rulings ‘foreshadow’ clampdown on libel tourism in imminent defamation law reforms, say experts – OUT-LAW.com

Posted October 17th, 2013 in choice of forum, defamation, news by sally

“The High Court’s refusals to hear the outcome of two defamation claims serve as a pre-cursor to stiffer rules on libel tourism, two experts have said.”

Full story

OUT-LAW.com, 16th October 2013

Source: www.out-law.com

EVENT: Halsbury’s Law Exchange – Debate: This House believes that ethics in international arbitration requires no further regulation

Posted October 17th, 2013 in Forthcoming events by sally

“Halsbury’s Law Exchange has assembled a panel of great experience and distinction to discuss ethical practice in arbitration.

Speaking at this event:

Khawar Qureshi QC (Chair) – Barrister at Serle Court

Gary Born – Partner at WilmerHale

Cyrus Benson – Gibson Dunn

Hilary Heilbron QC – Brick Court Chambers

Points for discussion include:

Are the existing professional codes or conduct or institutional rules sufficient?
Are there any reasons why arbitrators should not be able to sanction parties and Counsel who behave improperly?
What are the main issues which require further regulation (if any) and how – by code/guidance or court and arbitral decisions?”

Date: Monday 18 November 2013, 6.00-8.00pm

Location: The Honourable Society of Lincoln’s Inn, The Old Hall, London WC2A 3TL

Charge: Free

More information can be found here.

Judges rule schools not ‘hazard-free zones’ after mother tries to sue – Daily Telegraph

Posted October 17th, 2013 in appeals, children, education, news, personal injuries by sally

“Judges ruled that schools should not have to ‘to safeguard children against harm in all circumstances’ after a boy injured himself on a water fountain.”

Full story

Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

High Court orders disclosure of closed judgment in Afghanistan interrogation case – UK Human Rights Blog

Posted October 17th, 2013 in closed material, disclosure, judgments, news, witnesses by sally

“In ‘Evans (No. 1)’, a 2010 case concerning the transfer of suspected insurgents for questioning in certain military centres in Afghanistan, the High Court had ruled, partly in an open judgment, partly in closed proceedings, that UK transfers to NDS Kandahar and NDS Lashkar Gah could proceed without risk of ill treatment (which is contrary to UK policy), but that it would be a breach of the policy and therefore unlawful for transfers to be made to NDS Kabul. It was subsequently discovered that there had not been jurisdiction to follow a closed procedure in that case, but what was done could not be undone, so the confidentiality agreements and the closed judgment remained in force.”

Full story

UK Human Rights Blog, 16th October 2013

Source: www.ukhumanrightsblog.com

Prisoners’ right-to-vote appeal rejected by supreme court – The Guardian

Posted October 17th, 2013 in appeals, elections, human rights, news, prisons, Supreme Court by sally

“Two convicted murderers who argued that European Union law gave them the right to vote in UK elections have had their appeals dismissed by the supreme court at Westminster.”

Full story

The Guardian, 16th October 2013

Source: www.guardian.co.uk

High Court rejects challenge to BSB disciplinary tribunals – Legal Futures

Posted October 17th, 2013 in appeals, barristers, disciplinary procedures, inns of court, news, tribunals by sally

“A High Court judgment that refused three applications for judicial review of barristers’ disciplinary decisions is to be appealed, after the court found that anomalies in tribunal panel member appointments did not affect the validity of the findings.”

Full story

Legal Futures, 17th October 2013

Source: www.legalfutures.co.uk

Foreign criminal awarded £25,000 damages – Daily Telegraph

Posted October 17th, 2013 in contempt of court, damages, detention, government departments, news by sally

“A foreign criminal jailed for robbery has been awarded £25,000 damages because of mistakes made by the Home Office during deportation proceedings.”

Full story

Daily Telegraph, 16th October 2013

Source: www.telegraph.co.uk

Middle classes who pay for care could get more rights – Daily Telegraph

Posted October 17th, 2013 in care homes, elderly, human rights, news by sally

“Hundreds of thousands of middle class elderly people may be protected under human rights laws for the first time after a vote in the House of Lords last night.”

Full story

Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Ex-EDL leaders will not face court over alleged obstruction of police – The Guardian

Posted October 17th, 2013 in demonstrations, evidence, news, police, political parties, prosecutions by sally

“Two former English Defence League leaders will not have to answer a charge of obstructing police after prosecutors deemed there was insufficient evidence against them.”

Full story

The Guardian, 16th October 2013

Source: www.guardian.co.uk

Leveson lawyer: Too many potential witness were scared off by threat of ‘monstering’ from certain newspapers – The Independent

Posted October 17th, 2013 in inquiries, media, news, witnesses by sally

“Potential witnesses holding relevant evidence that should have been heard by Lord Justice Leveson’s press probe were scared off by the perceived threat of being ‘monstered’ by certain newspapers, according to the QC who lead questioning at the inquiry.”

Full story

The Independent, 16th October 2013

Source: www.independent.co.uk

Ofcom to monitor quality of TV subtitling – BBC News

Posted October 17th, 2013 in complaints, disabled persons, media, news by sally

“Broadcasting watchdog Ofcom will begin a regular audit of the quality of broadcasters’ subtitles from next year.”

Full story

BBC News, 16th October 2013

Source: www.bbc.co.uk

‘Pure evil’: 10-year-old deaf and mute girl trafficked to UK, kept in cellar and raped by pensioner – The Independent

Posted October 17th, 2013 in benefits, children, disabled persons, fraud, news, rape, trafficking in human beings by sally

“A pensioner who trafficked a 10-year-old deaf and mute girl into Britain, keeping her in his cellar to claim benefits, was convicted yesterday of repeatedly raping her.”

Full story

The Independent, 17th October 2013

Source: www.independent.co.uk

DPP issues tough new guidelines for child sex cases aimed at ensuring more convictions, reveals Keir Starmer – The Independent

Posted October 17th, 2013 in barristers, children, cross-examination, Crown Prosecution Service, news, sexual offences, victims by sally

“New guidelines for dealing with child sex abuse cases published today will mark ‘the most fundamental attitude shift’ in the criminal justice system in a generation, the Director of Public Prosecutions has claimed.”

Full story

The Independent, 17th October 2013

Source: www.independent.co.uk

Extent of spies’ mass surveillance to be investigated by parliamentary body – The Guardian

Posted October 17th, 2013 in inquiries, intelligence services, news, select committees, spying by sally

“The extent and scale of mass surveillance undertaken by Britain’s spy agencies is to be scrutinised in a major inquiry to be formally launched on Thursday.”

Full story

The Guardian, 17th October 2013

Source: www.guardian.co.uk