Housebuilders can win permission direct from ministers if councils are too slow – Daily Telegraph

Posted November 13th, 2013 in environmental protection, housing, local government, news, planning by sally

“Builders will be able to bypass councils and appeal directly to ministers to push through controversial housing schemes, ministers have said. Currently, major developments are usually decided by votes in a committee of councillors. However under new powers ministers can step in if the local authorities repeatedly drag their feet over decisions.”

Full story

Daily Telegraph, 13th November 2013

Source: www.telegraph.co.uk

Mother Natasha Sultan spared jail for killing her baby – Daily Telegraph

Posted November 12th, 2013 in guilty pleas, infanticide, mental health, news, sentencing, supervision orders by sally

“A mother who admitted killing her baby daughter while she was ‘in a maelstrom of fatigue and mental disorder’ caused by postnatal depression has been spared jail.”

Full story

Daily Telegraph, 12th November 2013

Source: www.telegraph.co.uk

Damian Green’s digital pathfinders – speech by Damian Green

Posted November 12th, 2013 in crime prevention, internet, police, speeches, telecommunications by sally

“Speech given by Policing Minister Damian Green on Monday 11 November 2013 to the College of Policing’s digital pathfinders conference.”

Full speech

Ministry of Justice, 11th November 2013

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

Rogue PPI claim companies targeted by fines and toughened regulations – Ministry of Justice

Posted November 12th, 2013 in claims management, financial regulation, fines, insurance, press releases by sally

“Claims firms which use information gathered by unsolicited calls and texts or who provide poor quality services will face large fines under law changes announced by the Government today.”

Full press release

Ministry of Justice, 12th November 2013

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

City solicitors urge MoJ to withdraw “premature” consultation on defamation costs protection – Litigation Futures

Posted November 12th, 2013 in consultations, costs, defamation, news, privacy, solicitors by sally

“City solicitors have urged the Ministry of Justice (MoJ) to withdraw its consultation on costs protection in defamation and privacy claims because it does not deal with the central issue of how eligibility for protection will be assessed.”

Full story

Litigation Futures, 7th November 2013

Source: www.litigationfutures.com

Targeted consultation on immigration and visa charging principles – Home Office

Posted November 12th, 2013 in consultations, fees, immigration, visas by sally

“Targeted consultation on immigration and visa charging principles.”

Full consultation

Home Office, 12th November 2013

Source: www.gov.uk/home-office

Barrister disbarred for endangering police helicopter – Bar Standards Board

Posted November 12th, 2013 in aircraft, barristers, crime, disciplinary procedures, disqualification, police, press releases, professional conduct by sally

“A public disciplinary tribunal has ordered the disbarment of a barrister for acting in a manner likely to endanger a police helicopter and its passengers.”

Full press release

Bar Standards Board, 12th November 2013

Source: www.barstandardsboard.org.uk

Watch that Charter – UK Human Rights Blog

Posted November 12th, 2013 in asylum, EC law, human rights, news, torture, treaties by sally

“AB, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3453 (Admin). Here unfolds a story of sophisticated abuse of the asylum system in this country by an individual skilfully shamming persecution. Nor did the security agents who escorted the claimant on his departure come up smelling of roses: it emerged during the course of these proceedings that they had falsified a room clearance certificate to boost the defence case.”

Full story

UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

Hospital closures and the rule of law – UK Human Rights Blog

Posted November 12th, 2013 in appeals, consultations, hospitals, news, rule of law by sally

“Trust Special Administrator appointed to South London Healthcare NHS Trust v. LB Lewisham & Save Lewisham Hospital Campaign [2013] EWCA Civ 1409, 8 November 2013. It takes a bit of time to close a hospital or make major changes to it. This is because you must go through a complicated set of consultations with all those likely to be affected before action can be taken. Many, if not most, people say this is a good thing, and Parliament has embedded these duties of consultation in the law.”

Full story

UK Human Rights Blog, 8th November 2013

Source: www.ukhumanrightsblog.com

Sex in the IPT – Panopticon

Posted November 12th, 2013 in appeals, investigatory powers, news, police, stay of proceedings, tribunals by sally

“As with all the best headlines, this one is slightly misleading. Readers can scarcely fail to have noticed the coverage surrounding the major ongoing case regarding a former undercover (under-the-covers?) police officer, Mark Kennedy, who (together with others) infiltrated political and environmental activists over a period of years. Claims were commenced in the High Court, with part of the conduct complained of involving ensuing sexual relations between activists/their partners and undercover officers.”

Full story

Panopticon, 8th November 2013

Source: www.panopticonblog.com

Injured holidaymaker entitled to compensation, but Court of Appeal upholds ‘local standards’ defence – OUT-LAW.com

Posted November 12th, 2013 in appeals, compensation, health & safety, holidays, news, personal injuries by sally

“The High Court was wrong to state that a Barbados hotel had to comply with the latest safety standards on an ongoing basis in order for a tour operator to escape liability for injury to a holidaymaker, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

High Court date set for office-to-home conversion rights challenge – OUT-LAW.com

Posted November 12th, 2013 in housing, judicial review, local government, news, planning by sally

“A judicial review of the Government’s procedure in deciding which areas to exempt from recently introduced rights allowing offices to be transformed into homes without planning permission will be heard in the High Court on 4 December.”

Full story

OUT-LAW.com, 11th November 2013

Source: www.out-law.com

Recent Statutory Instruments

Posted November 12th, 2013 in legislation by sally

The Network Rail (Redditch Branch Enhancement) Order 2013

Source: www.legislation.gov.uk

Marwaha and others v Singh and others – WLR Daily

Posted November 12th, 2013 in appeals, charities, law reports, trusts by sally

Marwaha and others v Singh and others: [2013] WLR (D) 429

“Where on the true construction of a trust, the trustees have a duty to exclude ineligible persons from membership and they breach that duty, the court is not prevented from intervening. The court has power to vary a scheme pursuant to the general supervisory power of the court in relation to charities.”

WLR Daily, 6th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 12th, 2013 in law reports by sally

High Court (Commercial Court)

Rathbone Brothers Plc & Anor v Novae Corporate Underwriting & Ors [2013] EWHC 3457 (Comm) (08 November 2013)

Deutsche Bank AG v Sebastian Holdings Inc (Rev 1) [2013] EWHC 3463 (Comm) (08 November 2013)

High Court (Queen’s Bench Division)

Krause v Newsquest Media Group Ltd & Anor [2013] EWHC 3400 (QB) (11 November 2013)

J M Finn & Co Ltd v Holliday [2013] EWHC 3450 (QB) (08 November 2013)

High Court (Technology and Construction Court)

Roe Brickwork Ltd v Wates Construction Ltd [2013] EWHC 3417 (TCC) (11 November 2013)

Source: www.bailii.org

Luton custody death: Police officers and staff suspended – BBC News

Posted November 12th, 2013 in complaints, crime, death in custody, inquiries, news, police by sally

“Five police officers and two staff have been suspended from duty after a man died in police custody.”

Full story

BBC News, 11th November 2013

Source: www.bbc.co.uk

Opening up the Family courts: Transparency in the Family court and the Court of Protection – Speech by the President of the Family Division and President of the Court of Protection

Posted November 12th, 2013 in Court of Protection, family courts, judges, media, reporting restrictions, speeches by sally

“Opening up the Family courts: Transparency in the Family court and the Court of Protection – speech by the President of the Family Division and President of the Court of Protection on 11/11/2013.”

Full speech

Judiciary of England and Wales, 11th November 2013

Source: www.judiciary.gov.uk

Marine A ‘should not be treated like a common criminal’ – Daily Telegraph

Posted November 12th, 2013 in armed forces, courts martial, mental health, murder, news, sentencing by sally

“A Royal Marine convicted of murdering a wounded Taliban captive should not be treated as a common criminal, a former commander of British troops in Afghanistan has said.”

Full story

Daily Telegraph, 11th November 2013

Source: www.telegraph.co.uk

Baby death: Natasha Sultan to be sentenced for killing daughter – BBC News

Posted November 12th, 2013 in guilty pleas, infanticide, mental health, news by sally

“A mother who had post-natal depression when she killed her baby daughter in a ‘sudden explosion of violence’ is to be sentenced later.”

Full story

BBC News, 12th November 2013

Source: www.bbc.co.uk

Vengeful polo trainer jailed after setting fire to love rival’s car – Daily Telegraph

Posted November 12th, 2013 in arson, guilty pleas, news, sentencing by sally

“A vengeful husband who set fire to a polo-playing love rival’s car who had started dating his wife has been jailed for more than three years.”

Full story

Daily Telegraph, 12th November 2013

Source: www.telegraph.co.uk