Lord Judge signs off with attack on ‘ambush’ advocate – Law Society’s Gazette

Posted October 2nd, 2013 in appeals, barristers, defence, judges, judgments, news, professional conduct, terrorism by sally

“In his final court of appeal judgment as lord chief justice, Lord Judge has attacked the conduct of a defence advocate who likened the judge in a terrorist trial to a dishonest seller of worthless goods.”

Full story

Law Society’s Gazette. 30th September 2013

Source: www.lawgazette.co.uk

Chris Grayling: Simple cautions for serious offences to be scrapped – Ministry of Justice

“Criminals who commit serious offences will no longer receive just a ‘slap on the wrist’ Secretary of State for Justice Chris Grayling announced today in a radical overhaul of ‘simple’ cautions.”

Full press release

Ministry of Justice, 30th September 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Nurse who used Facebook to blow the whistle about poor care escapes being struck off – The Guardian

“A nurse who used Facebook to raise concerns about standards at his hospital has escaped being struck off after a disciplinary panel acknowledged he was passionate about his job and capable.”

Full story

The Guardian, 1st October 2013

Source: www.guardian.co.uk

Royal Marine corporal sentenced for ill-treating recruits – BBC News

Posted October 2nd, 2013 in armed forces, bullying, courts martial, fines, news, professional conduct by sally

“A Royal Marine drill instructor who ill-treated new recruits, including hitting one in the groin with a stick, has been fined for his actions.”

Full story

BBC News, 1st October 2013

Source: www.bbc.co.uk

NHS £400k payout for pregnant woman’s death – Daily Telegraph

Posted October 2nd, 2013 in compensation, families, hospitals, medical treatment, news, professional conduct by sally

“The family of a woman who died from an ectopic pregnancy after she was twice sent home from hospital is to receive £400,000 damages from the NHS.”

Full story

Daily Telegraph, 1st October 2013

Source: www.telegraph.co.uk

Retiring magistrate warns of ‘dismay’ over soft justice – Daily Telegraph

“A magistrate who has retired after 25 years on the bench expressed his ‘dismay’ at the way courts have pandered towards rehabilitating criminals rather than punishing them.”

Full story

Daily Telegraph, 1st October 2013

Source: www.telegraph.co.uk

When adoption without parental consent breaches human rights – UK Human Rights Blog

“Re B-S (Children) [2013] EWCA Civ 1146 is the latest Judgment of the Court of Appeal on non-consensual adoption since the Supreme Court authorized a closer scrutiny of first instance decisions In re B (A Child) (Care Proceedings: Threshold Criteria) [2013] UKSC 33, [2013] 1 WLR 1911.”

Full story

UK Human Rights Blog, 1st October 2013

Source: www.ukhumanrightsblog.com

Owner of four dogs that killed Jade Lomas-Anderson admits cruelty – The Guardian

Posted October 1st, 2013 in animal cruelty, bail, guilty pleas, news by sally

“Beverley Concannon faces jail after admitting animal welfare offence following dog attack on teenager in Wigan.”

Full story

The Guardian, 1st October 2013

Source: www.guardian.co.uk

EVENT: Bar Standards Board – Q&A on the Quality Assurance Scheme for Advocates (QASA)

Posted October 1st, 2013 in Forthcoming events by sally

“Soon, anyone undertaking criminal advocacy will have to be registered under the Quality Assurance Scheme for Advocates (QASA).

The Scheme will systematically assess and assure the quality of criminal advocacy in the courts in England and Wales. It will ensure that the performance of all advocates is measured against the same set of standards, regardless of an advocate’s previous education and training. It will apply to all advocates, whether they are self-employed or employed, and whether they are acting for the prosecution or defence.

This live Q&A session will provide you with an opportunity to put your questions to a panel of QASA experts.”

Date: 1st October 2013, 6.00pm

Location: Online event

Charge: Free

More information can be found here.

Recent Statutory Instruments – legislation.gov.uk

Posted October 1st, 2013 in legislation by sally

The Finance Act 2009, Sections 101 and 102 (Annual Tax on Enveloped Dwellings) (Appointed Day) Order 2013

The Electricity and Gas Appeals (Designation and Exclusion) Order 2013

The Prisons (Interference with Wireless Telegraphy) Act 2012 (Commencement) (England and Wales) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 1st, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Dhall v R [2013] EWCA Crim 1610 (27 September 2013)

Farooqi & Ors, R. v [2013] EWCA Crim 1649 (30 September 2013)

High Court (Chancery Division)

Smailes & Anor v McNally & Ors [2013] EWHC 2882 (Ch) (27 September 2013)

Hellard & Anor (Liquidators of HLC Environmental Projects Ltd) v Carvalho [2013] EWHC 2876 (Ch) (25 September 2013)

Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWHC 2880 (Ch) (26 September 2013)

Nomura International Plc, Re [2013] EWHC 2789 (Ch) (06 September 2013)

High Court (Administrative Court)

Ellaway, R (on the application of) v Cardiff County Council & Anor [2013] EWHC 2907 (Admin) (27 September 2013)

Fordent Holdings Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 2844 (Admin) (26 September 2013)

High Court (Patents Court)

Nestec S.A. & Ors v Dualit Ltd & Ors [2013] EWHC 2737 (Pat) (05 September 2013)

Source: www.bailii.org

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily

Posted October 1st, 2013 in EC law, enforcement, foreign jurisdictions, judgments, law reports by sally

Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362

“Article 34(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Binns and another v Firstplus Financial Group plc – WLR Daily

Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361

“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”

WLR Daily, 24th July 2013

Source: www.iclr.co.uk

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, civil servants, EC law, employment, law reports, redundancy by sally

Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) (Case C-546/11); [2013] WLR (D) 360

“Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment applied only to retirement or invalidity benefits under an occupational social security scheme.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) – WLR Daily

Posted October 1st, 2013 in age discrimination, EC law, employment, law reports, pensions by sally

HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) (Case C-476/11); [2013] WLR (D) 359

“The principle of non-discrimination on grounds of age, enshrined in article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, articles 2 and 6(1) of that Directive, did not preclude an occupational pension scheme under which an employer paid, as part of pay, pension contributions which increased with age, provided that the difference in treatment on grounds of age that arose therefrom was appropriate and necessary to achieve a legitimate aim.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Proceedings concerning Texdata Software GmbH – WLR Daily

Posted October 1st, 2013 in accounts, EC law, freedom of establishment, law reports, penalties by sally

Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358

“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

United Kingdom v Council of the European Union – WLR Daily

Posted October 1st, 2013 in EC law, freedom of movement, law reports, regulations, social security, treaties by sally

United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357

“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”

WLR Daily, 26th September 2013

Source: www.iclr.co.uk

Prisoners will pay for damage repairs, says Grayling – BBC News

Posted October 1st, 2013 in costs, criminal damage, news, prisons by sally

“Inmates who cause damage to prisons and prison property will now have to pay for the cost of repairs, the justice secretary has announced.”

Full story

BBC News, 30th September 2013

Source: www.bbc.co.uk

Balancing the Niqab in the Courtroom on the Head of a Pin: the Case of D(R) – The Barristers’ Hub

Posted October 1st, 2013 in courts, evidence, freedom of expression, Islam, news, women by sally

“Professor Susan Edwards, following recent judicial guidance and debate on the wearing of the niqab, provides both expert and legal opinion on the issue.”

Full story

The Barristers’ Hub, 1st October 2013

Source: www.barristershub.co.uk

Theresa May: Deport foreign criminals before appeal – BBC News

Posted October 1st, 2013 in appeals, deportation, human rights, legislation, news, political parties by sally

“Theresa May has promised the government will ‘deport foreign criminals first, then hear their appeals’.”

Full story

BBC News, 30th September 2013

Source: www.bbc.co.uk