Aintree University Hospitals NHS Foundation Trust (Respondent) v James (Appellant) – Supreme Court
Supreme Court, 30th October 2013
Regina (Youssef) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily
“The Foreign Secretary had acted lawfully by applying a test of reasonable grounds for suspecting that the claimant met the criteria for designation on a UN Security Council’s consolidated list of persons to be treated as associated with an Islamic terrorist group . The law did not require the Foreign Secretary to stymie the designation because other states relied on evidence obtained by torture. That any review by the court of the designation decision was by way of the conventional rationality test.”
WLR Daily, 29th October 2013
Source: www.iclr.co.uk
Mary Roberts murder trial: Andrew Ratcliffe jailed for life – BBC News
“A ‘sexually obsessed’ man has been jailed for life with a minimum term of 23 years for murdering a woman at a Bury St Edmunds pub.”
BBC News, 30th October 2013
Source: www.bbc.co.uk
Hundreds of Italian couples accused of fraudulently getting ‘quickie divorces’ in UK – Daily Telegraph
“Britain’s top family judge has been asked to cancel 180 divorces after being told the UK courts have been exploited in a massive ‘fraud’ by Italians seeking a quick end to their marriages.”
Daily Telegraph, 30th October 2013
Source: www.telegraph.co.uk
Tyseley ‘honour killing’ father jailed for blaze murder – BBC News
“A man who killed his wife and injured three daughters by setting his house on fire in a so-called honour killing plot has been jailed for life.”
BBC News, 30th October 2013
Source: www.bbc.co.uk
Press regulation royal charter given go-ahead by the Queen – The Guardian
“A landmark reform of press regulation, enshrined in a royal charter, was finally sealed by the privy council on Wednesday [30th October] in a brief private ceremony, hours after the high court had quickly dismissed a last-minute legal attempt to block it by most
newspaper groups.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
Police ethics ‘fall well short’, warns report – Daily Telegraph
“Police have ‘fallen well short’ on standards of behaviour and ethics, warns report commissioned by Police Federation in wake of Plebgate affair.”
Daily Telegraph, 30th October 2013
Source: www.telegraph.co.uk
Televising of court of appeal proceedings starts this week – The Guardian
“Proceedings in the court of appeal are due to be televised from Thursday [31st October], casting aside decades of judicial suspicion about the impact of cameras in the courtroom.”
The Guardian, 30th October 2013
Source: www.guardian.co.uk
Government fail to overturn Poundland work scheme ruling – BBC News
“The government has lost a Supreme Court appeal over a ruling its flagship ‘back to work’ schemes were legally flawed.”
BBC News, 30th October 2013
Source: www.bbc.co.uk
Four admit to phone-hacking plots in Coulson and Brooks eras – The Guardian
“Three former news editors from the News of the World have pleaded guilty to conspiracy to hack mobile phones during a six-year period when Rebekah Brooks and Andy Coulson were editing the Sunday title, it was disclosed in court.”
The Guardian, 31st October 2013
Source: www.guardian.co.uk
Football fans who sang Stephen Lawrence abuse song jailed – The Guardian
“Six Charlton Athletic supporters received prison sentences for causing racially aggravated fear of violence on train.”
The Guardian, 31st October 2013
Source: www.guardian.co.uk
Breathing a sigh of relief…? – Zenith Chambers
“By the Civil Procedure (Amendment) Rules 2013 CPR r. 3.9 was substantially amended with effect from 1st April 2013. The ‘new’ rule reads as follows:
‘3.9 (1) On an application for relief from any sanction imposed for a failure to comply with any rule, practice direction or court order, the court will consider all the circumstances of the case, so as to enable it to deal justly with the application, including the need –
(a) for litigation to be conducted efficiently and at proportionate cost; and
(b) to enforce compliance with rules, practice directions and orders.
(2) An application for relief must be supported by evidence.'”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Solicitors’ indemnity insurance: Is the withdrawal of insurers creating a black hole for policyholders? – Hardwicke Chambers
“Professional indemnity insurance (‘PII’) cover for solicitors is notoriously forgiving to policyholders on the issue of non-disclosure.”
Hardwicke Chambers, 18th October 2013
Source: www.hardwicke.co.uk
The Relevance of Health and Safety Regulations After the Enterprise and Regulatory Reform Act 2013 – Zenith Chambers
“As a result of EERA 2013 there is no civil liability for breach of the Regulations made
under the Health and Safety at Work Act in accidents that occur on or after the 1st October 2013. However the Regulations remain in force. The key question for all practitioners is how far do they remain relevant to issues of civil liability?”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
‘Cash for crash’ fraud – sentencing in the criminal courts by Bronia Hartley – Zenith Chambers
“The Court of Appeal in the recent case of McKenzie [2013] EWCA Crim 1544 dismissed the Defendant’s appeal against the sentence of 15 months’ imprisonment imposed by the Crown Court following his conviction after trial for a fraud committed in the context of false insurance claims in the form of ‘cash for crash’ incidents.”
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Commercial Court upholds worldwide freezing order in support of English arbitration against foreign nonarbitrating parties – 11 Stone Buildings
“In PJSC Vseukrainskyi Aktsionernyi Bank v Sergey Maksimov and others [2013] EWHC 3203 (Comm), Blair J dismissed an application to discharge a worldwide freezing order made against non-arbitrating parties in support of an LCIA arbitration in long-running commercial court proceedings. Charles Samek QC lists three reasons why the case is of importance.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
In Too Deep – Zenith Chambers
“Kate Mckinlay considers the impact of the recent Supreme Court decision in Woodland v Essex County Council UKSC 2013.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
Mediation: No duty to put meat on the bones – Hardwicke Chambers
“The scent and smoke and sweat of a mediation can be nauseating at three in the morning, as Ian Fleming might have written had he declined a successful career as a thriller writer in favour of the less glamorous life of a commercial litigator. It is a sentiment which clearly resonates even in the Court of Appeal, as revealed in the Court’s judgment in Frost v Wake Smith & Tofields [2013] EWCA Civ 772 last month.”
Hardwicke Chambers, 17th October 2013
Source: www.hardwicke.co.uk
Where now for mediation? Extending the Halsey guidelines – 11 Stone Buildings
“Since the case of Halsey v Milton Keynes General NHS Trust [2004] 1 WLR 3002, the manner in which the Court may encourage parties to settle their disputes by mediation has been largely settled. Thus, the court should not compel parties to mediatebut it may engage in robust encouragement. Importantly, a successful party may be deprived of some or all of its costs if it unreasonably refuses to mediate. The burden is on the unsuccessful party to demonstrate unreasonableness.”
Full story (PDF)
11 Stone Buildings, October 2013
Source: www.11sb.com
Jackson: 6 months on – Zenith Chambers
“It is now almost 6 months since the Brave New World of Jackson. This article considers the impact of the reforms and stated ‘culture change’.”
Full story (PDF)
Zenith Chambers, 25th October 2013
Source: www.zenithchambers.co.uk
