Court of Protection Update – Family Law Week
“Sally Bradley and Michael Edwards, barristers, 4 Paper Buildings, consider three important judgments of the Court of Protection.”
Family Law Week, 20th September 2013
Source: www.familylawweek.co.uk
Police ‘containment’ of Palestinian solidarity protester was lawful, rules High Court – UK Human Rights Blog
“The High Court has found that the containment of a protester in a designated protesting pen for seventy five minutes was not unlawful at common law, nor under the Human Rights Act 1998.”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
Council to pay out after housing families in B&Bs for longer than six weeks – Local Government Lawyer
“A local authority is set to pay out thousands of pounds after it housed 40 homeless families in bed and breakfast accommodation for longer than the recommended limit of six weeks.”
Local Government Lawyer, 24th September 2013
Source: www.localgovernmentlawyer.co.uk
Judge quashes “exclusive” golf course decision- and why we need judicial review – UK Human Rights Blog
“This is a successful judicial review of the grant of planning permission to a proposed new golf club in leafy Surrey – where one central issue was whether, in planning policy terms, there was a ‘need’ for the club. The local planning officers had advised the council against the proposal, but the members voted in favour of it (just), hence this challenge. It succeeded on grounds including perversity, which is pretty rare, especially in the planning context, but, when one looks at the judgment, you can readily see why the judge concluded as he did. ”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
Experts acclimatise to tougher post-Jackson life – Litigation Futures
“The post-Jackson climate for expert witnesses is ‘leaner and meaner’, according to a leading observer of their work.”
Litigation Futures, 25th September 2013
Source: www.litigationfutures.com
Niqab court ruling: a classic exercise in reasonableness – Halsbury’s Law Exchange
“In 1894 Edward Marshall Hall KC defended the Austrian-born prostitute Marie Hermann, charged with the murder of a client whose body she hid in a trunk. The jury acquitted of murder and convicted of manslaughter after what has become his most famous jury speech ending with, ‘Look at her, gentlemen of the jury, look at her. God never gave her a chance, won’t you?’ The personalities may have changed and the language less flowery but the basic principle of a jury trial is the same – we judge our peers on the evidence and that is the evidence presented in court. This includes our assessment of other human beings, not just what they say but how they say it.”
Halsbury’s Law Exchange, 25th September 2013
Source: www.halsburyslawexchange.co.uk
Changing rooms – NearlyLegal
“The bedroom tax First Tier Tribunal decisions are coming in now. And they are intriguing. In some ways, not a surprise, in others somewhat opaque. As well as the first Fife decision, there are another four Fife decisions that I’ve now seen, and a rather frustrating one from Westminster.”
NearlyLegal, 24th September 2013
Source: www.nearlylegal.co.uk
No breach of privacy to request DNA sample from ex con – UK Human Rights Blog
“The High Court has ruled that it is not a breach of the right to private life to request DNA samples from those who were convicted of serious offences before it became commonplace to take samples for the production of DNA profiles for the investigation of crime.”
UK Human Rights Blog, 24th September 2013
Source: www.ukhumanrightsblog.com
Schoolboy rapist walks free despite failure to show remorse – Daily Telegraph
“A schoolboy who twice raped a six-year-old girl has walked free from court after being told to pay his victim £300, despite saying he felt no remorse for his actions.”
Daily Telegraph, 24th September 2013
Source: www.telegraph.co.uk
Manchester loan sharks jailed after preying on young mothers – BBC News
“Three Manchester loan sharks who charged vulnerable people 100% interest and menaced them by mobile phone have been jailed.”
BBC News, 24th September 2013
Source: www.bbc.co.uk
Ex-prisoner fails to halt police DNA-collection programme – The Guardian
“A former prisoner has failed in a legal challenge that could have forced police to destroy thousands of DNA samples collected from those convicted of serious crimes before 1994.”
The Guardian, 24th September 2013
Source: www.guardian.co.uk
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Vehicle Control Services Ltd v HM Revenue & Customs [2013] EWCA Civ 186 (13 March 2013)
M (Children) [2013] EWCA Civ 1147 (20 September 2013)
High Court (Queen’s Bench Division)
Streeter v Hughes & Anor [2013] EWHC 2841 (QB) (20 September 2013)
High Court (Chancery Division)
Brand & Anor v Philip Lund (Consultants) Ltd [1989] EWHC 2 (Ch) (18 July 1989)
Honda Motor Europe Ltd, Re [2013] EWHC 2842 (Ch) (20 September 2013)
High Court (Family Division)
Joyce v Joyce [2013] EWHC 1353 (Fam) (16 May 2013)
High Court (Administrative Court)
Uddin, R (on the application of) v Crown Court At Leeds [2013] EWHC 2752 (Admin) (11 July 2013)
High Court (Commercial Court)
Goldman Sachs International v Videocon Global Ltd & Anor [2013] EWHC 2843 (Comm) (20 September 2013)
Deutsche Bank AG & Ors v Unitech Global Ltd & Anor [2013] EWHC 2793 (Comm) (20 September 2013)
Source: www.bailii.org
Army could have done more to stop soldier dying from heat, says coroner – The Guardian
“Army chiefs could have done more to make sure soldiers were protected against the effects of soaring temperatures, a coroner has concluded after hearing the case of a reservist who died after suffering heat stroke in Iraq.”
The Guardian, 23rd September 2013
Source: www.guardian.co.uk
Legal Ombudsman to work on allowing complaints from non-clients – Legal Futures
“The Legal Ombudsman (LeO) is to begin work on what types of complaints it should accept from non-clients amid reports of lawyers harassing third parties over alleged debts, violating their privacy and doling out abusive treatment in court.”
Legal Futures, 24th September 2013
Source: www.legalfutures.co.uk
It cost you how much? – NearlyLegal
“Law can be expensive.
This is particularly so in relation to the process of law, i.e. the costs of going to the law. By this I mean things such as the court or tribunal fees, but particularly the costs of the lawyers. If you lose in civil litigation, the normal rule is that you’ve got to pay not just for your own lawyers, but for the other side’s too. Due to the way that costs are assessed and recovered, even the winner often has to foot the bill for some their own lawyers’ fees. It is fair to say that the general public doesn’t think too highly of the fees charged by lawyers. Now, a lot of the criticism is unfair (‘If you think a professional is expensive, wait ’til you try an amateur’) and based on misinformation and misunderstanding. Nonetheless, there is force in some of the criticism.”
NearlyLegal, 24th September 2013
Source: www.nearlylegal.co.uk
Transforming legal aid – why do the survey? – Legal Aid Handbook
“Vicky Ling and Andrew Otterburn have been commissioned by the Law Society and MoJ to carry out a survey of firms to try to assess the impact that the government’s revised proposals will have on criminal defences practices.”
Legal Aid Handbook, 23rd September 2013
Source: www.legalaidhandbook.com
Legal aid residence test ‘will just shift cost to council taxpayers’ – The Guardian
“Introducing a proposed residence test for legal aid will lead to local authorities paying tens of millions of pounds to support children in care and prevent increased homelessness, campaigners have warned the Ministry of Justice.”
The Guardian, 23rd September 2013
Source: www.guardian.co.uk
Karl Clay – Coventry sex offender who doused victims in petrol – sentenced to life in prison – The Independent
“A violent offender who doused his victims in petrol has been sentenced to life in prison for a string of violent and sexual assaults.”
The Independent, 23rd September 2013
Source: www.independent.co.uk
