Children: Public Law Update – Family Law Week
“John Tughan, barrister, of 4 Paper Buildings reviews important recent cases of which all public law practitioners ought to be aware.”
Family Law Week, 25th October 2013
Source: www.familylawweek.co.uk
Failing to inform online consumers about cancellation rights should be criminal offence, say trading standards bodies – OUT-LAW.com
“Businesses that sell goods and services to consumers over the internet should face criminal penalties if they fail to display details on cancellation rights, the Trading Standards Institute (TSI) and Association of Chief Trading Standards Officers (ACTSO) has said.”
OUT-LAW.com, 28th October 2013
Source: www.out-law.com
Wind farms, birds, and that pesky thing called the rule of law – UK Human Rights Blog
“The current storms brought down a turbine in Teignmouth: see here for good pics of this and other mayhem. And the rule of law recently brought down a massive wind farm proposed for Shetland. The Scottish Ministers had waved aside a request for a public inquiry, and ended up drafting reasons which ignored the obligations in the Wild Birds Directive in respect of this bird – the whimbrel. Lady Clark quashed the consent on this ground, and also decided that the wind farmer could not apply for the consent anyway because it had not got the requisite licence which she concluded was a pre-condition for such an application. ”
UK Human Rights Blog, 28th October 2013
Source: www.ukhumanrightsblog.com
Investigations opened into vigilante murder of man mistaken for paedophile – The Guardian
“Two independent investigations are under way into the murder of an innocent man who was beaten and burned to death after vigilante neighbours mistook him for a paedophile.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
Threats to modern democracy – why the UK should take note – Halsbury’s Law Exchange
“Recent events in the US have made us all aware of the essential vulnerability of modern political and economic systems. For a while it seemed as though the most powerful economy in the world was heading towards self-destruction, owing to the failure of a small number of senior politicians to reach a consensus that would avoid such an outcome. Now that disaster has been at least temporarily averted, it seems appropriate to try to analyse how this situation arose.”
Halsbury’s Law Exchange, 28th October 2013
Source: www.halsburyslawexchange.co.uk
NHS complaints procedure needs radical overhaul, report finds – The Guardian
“A revolution in the handling of NHS complaints has been proposed in a report co-authored by the MP Ann Clwyd, who has told how her own husband was treated with ‘coldness, resentment, indifference and contempt’ on his hospital deathbed.”
The Guardian, 28th October 2013
Source: www.guardian.co.uk
High Court overturns current practice when calculating one-fifth rule – Litigation Futures
“Costs that are disallowed for want of retainer should not form part of a costs judge’s calculations in applying the one-fifth rule, the High Court has said.”
Litigation Futures, 28th October 2013
Source: www.litigationfutures.com
Newspapers seek injunction over press regulation royal charter – The Guardian
“Newspaper and magazine publishers are seeking an injunction to prevent the government’s plan for a new press regulation regime getting the royal seal of approval this week.”
The Guardian, 28th October 2013
Source: www.guardian.co.uk
‘Disastrous’ drop in out-of-court mediation for divorcing couples – Daily Telegraph
“The number of divorcing couples using special out-of-court sessions to settle disputes over property and children has collapsed in the wake of legal aid cuts.”
Daily Telegraph, 28th October 2013
Source: www.telegraph.co.uk
Deaf and blind man fears losing home over “bedroom tax” as disabled legal challenges mount – The Independent
“A deaf and blind man who uses his spare bedroom to store braille equipment fears that he could lose his home due to the ‘bedroom tax’ as lawyers warned that the controversial measure is having a discriminatory impact on the disabled.”
The Independent, 28th October 2013
Source: www.independent.co.uk
Sharon Shoesmith agrees unfair dismissal payout – The Guardian
“Sharon Shoesmith , the former Haringey council children’s services director sacked in the wake of the controversy surrounding the death of Baby P, has agreed a settlement for unfair dismissal with her former employers.”
The Guardian, 29th October 2013
Source: www.guardian.co.uk
A modern British murder: Vigilante neighbours face jail after convictions over murder of disabled man Bijan Ebrahimi wrongly accused of paedophilia – The Independent
“The two men will be sentenced next month after admitting their roles in the death of the 44-year-old Iranian national, who was described by his family as a ‘caring, loving and unselfish man’. Three police officers have also been suspended as an inquiry continues into how the Avon and Somerset force dealt with Mr Ebrahimi’s requests for help after the abuse began. Six civilian call handlers are set to be questioned by the police complaints watchdog as it investigates whether his cries for help were taken seriously. Bristol City Council, which housed Mr Ebrahimi, has launched its own inquiry into what went wrong.”
The Independent, 28th October 2013
Source: www.independent.co.uk
Victims of crime get chance to speak in court under new code – BBC News
“Victims of crime in England and Wales are to be given a greater opportunity to speak in courts.”
BBC News, 29th October 2013
Source: www.bbc.co.uk
Judge bans film of Afghan ‘execution’ by British Marine – The Independent
“Footage showing the alleged execution of an injured Afghan insurgent by a British serviceman will not be released for fear it could spark revenge attacks on troops, a judge has ruled.”
The Independent, 28th October 2013
Source: www.independent.co.uk
Chris Grayling told to delay probation service privatisation or risk deaths – The Guardian
“Three leading figures in the probation service have warned the justice secretary, Chris Grayling, he must delay his probation service privatisation plan for at least six months or face inevitable protection failures and risks to public safety, the Guardian has learned.”
The Guardian, 28th October 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Laws-Chapman v R [2013] EWCA Crim 1851 (25 October 2013)
Court of Appeal (Civil Division)
Sharma v Sharma & Ors [2013] EWCA Civ 1287 (25 October 2013)
High Court (Queen’s Bench Division)
Ageas (UK) Ltd v Kwik-Fit (GB) Ltd [2013] EWHC 3261 (QB) (25 October 2013)
High Court (Administrative Court)
Lewis v Three Rivers District Council [2013] EWHC 3250 (Admin) (24 October 2013)
McCarthy v Visitors to the Inns of Court & Anor [2013] EWHC 3253 (Admin) (25 October 2013)
High Court (Technology and Construction Court)
Source: www.bailii.org
Minerva Navigation Inc v Oceana Shipping AG; Oceana Shipping AG v Transatlantica Commodities SA – WLR Daily
“The off-hire clause in clause 15 of the New York Produce Exchange 1946 (‘NYPE’) form of time charterparty was concerned with the service immediately required of the vessel, and not with ‘the chartered service’ as a whole or the entire maritime adventure or adventures which might be undertaken in the course of the chartered service. The clause concentrated on the period during which full working of the vessel was prevented or stopped.”
WLR Daily, 23rd October 2013
Source: www.iclr.co.uk
