With the Met, if you are innocent you have everything to worry about – The Guardian
“Peter Francis’s revelations show the need for a judicial inquiry – so the public can see how far our democracy has been eroded.”
The Guardian, 25th June 2013
Source: www.guardian.co.uk
Clack: SAAMCO in practice – Hardwicke Chambers
“In Nigel Clack v Wrigleys Solicitors LLP [2013] EWHC 413 (Ch), Mr Nicholas Strauss QC (sitting as a Deputy Judge of the High Court) found for the Claimant client against his former Solicitors.”
Hardwicke Chambers, 24th June 2013
Source: www.hardwicke.co.uk
Cusack v Harrow London Borough Council – WLR Daily
Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250
“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
Colin Witcher discusses below some of the key provisions of the Enterprise and Regulatory Reform Act 2013 (“ERRA”) in respect of Employment Law which come into force tomorrow, Tuesday 25 June 2013 – One Inner Temple Lane
“The ERRA is an important piece of legislation, covering maters such as unfair dismissal, health and safety and copyright.”
One Inner Temple Lane, 24th June 2013
Source: www.1itl.com
Legal Aid Statistics in England and Wales – Ministry of Justice
Legal Aid Statistics in England and Wales (PDF)
Ministry of Justice, 25th June 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Private landlords, disability discrimination and mandatory possession claims – What is the relevance? – Hardwicke Chambers
“Last year Arthur Moore and I ran a seminar in Chancery Lane on the (then) vexed question of to what extent Article 8 and Article 1 of the First Protocol of the European Convention on Human Rights impacted upon private landlords’ possession claims.”
Hardwicke Chambers, 20th June 2013
Source: www.hardwicke.co.uk
Oxford child sex abuse ring members being sentenced today – The Independent
“The sentencing of seven men convicted of running a child sex abuse ring in Oxford is due to start today. The gang were found guilty of a range of sexual offences against girls as young as 12 last month.”
The Independent, 26th June 2013
Source: www.independent.co.uk
Costs budgets- revisions and indemnity costs – 4 New Square
“On 14 June 2013 in Elvanite Full Circle Ltd v AMEC Earth & Environmental (UK) Ltd [2013] EWHC 1643 (TCC) Mr Justice Coulson handed down another important judgment on the application of the new costs management rules (in CPR r.3.15- r.3.18), albeit his decision relates to the Costs Management in Mercantile Courts and Technology and Construction Courts – Pilot Scheme (‘PD 51G’). In particular, Coulson J considered (i) the impact of an order for costs on the indemnity basis; (ii) what a party needs to do to seek approval of a revised costs budget; (iii) when a party should make an application for such approval; and (iv) what test the court applies on such an application. Coulson J’s findings are highlighted in bold below.”
Full story (PDF)
4 New Square, 25th June 2013
Source: www.4newsquare.com
Peter Kay brother imposter jailed for 24 months – BBC News
“A conman who posed as the brother of comedian Peter Kay while pretending to raise money for a boy with cancer has been jailed for 24 months.”
BBC News, 24th June 2013
Source: www.bbc.co.uk
A1P1 and property rights in the Supreme Court again – UK Human Rights Blog
“This is the tale of how a solicitor from Harrow ended up litigating about his off-street parking in the Supreme Court – and reached for Article 1 of Protocol 1 (A1P1) of ECHR, by way of a second string to his bow. Not his choice, as he had won in the Court of Appeal on other grounds. But his failure on the point reminds us that in the majority of cases A1P1 is a difficult argument to bring home.”
UK Human Rights Blog, 25th June 2013
Source: www.ukhumanrightsblog.com
Berney v Saul: No road to Damascus moment – Hardwicke Chambers
“A claimant’s chose in action represented by his claims in litigation is something which has a value, provided it is not certain or nearly certain to fail. Clients pay lawyers to take care of that chose in action by putting the claim forward in the proper way and by managing its progress in accordance with the rules and orders of the Court.”
Hardwicke Chambers, 25th June 2013
Source: www.hardwicke.co.uk
UKBA failed to pursue missing asylum seeker leads – The Independent
“Border officials failed to pursue more than 3,000 leads identified on police databases when attempting to track down missing asylum seekers, an inspector has found.”
The Independent, 26th June 2013
Source: www.independent.co.uk
Sacking GP from government drugs advisor post for ‘anti-gay’ views was lawful – UK Human Rights Blog
“Dr Hans-Christian Raabe lost his judicial review challenge to the revocation of his appointment as the GP member of the Government’s Advisory Council on the Misuse of Drugs (ACMD). His appointment was revoked less than a month after he had accepted an offer to join the ACMD, as a result of certain views about homosexuality expressed in a paper he had co-written in Canada some 6 years earlier.”
UK Human Rights Blog, 25th June 2013
Source: www.ukhumanrightsblog.com
Bank Mellat: Closed Material Procedures and FOIA – Panopticon
“Last week, the Supreme Court gave judgment in Bank Mellat v Her Majesty’s Treasury (no.1) [2013] UKSC 38. The Bank Mellat case involved financial restrictions imposed by HMT on the Bank under the Counter-Terrorism Act 2008 (“the 2008 Act”), on the basis that it enabled funding for Iran’s nuclear weapons programme. The High Court and Court of Appeal had both adopted a closed material procedure (“CMP”) – i.e. a procedure in which the court sits in private, and hears evidence and/or submissions without one party either being present or seeing the material – in order to consider sensitive material adduced by HMT which could not be disclosed to the Bank. They had specific statutory authority to do so under the 2008 Act. The Supreme Court did not have such authority. The relevant questions were whether it was possible for the Supreme Court to adopt a CMP on appeal, in the absence of specific statutory provision; and if so, whether it was appropriate to do so in that particular case. The Supreme Court was faced with the difficulty of reconciling two strong but opposing interests. On the one hand, it was important that the Court should be able to see and consider any relevant material before the High Court and Court of Appeal. On the other, the Supreme Court itself in Al Rawi v Security Service [2012] 1 AC 531 had uncompromisingly set its face against any derogation from the open justice principle. The Supreme Court was divided; but the majority considered that the Court had implied authority to adopt a CMP under its powers conferred by the Constitutional Reform Act 2005, where the lower courts had themselves used a CMP. Nevertheless, the Court was uncomfortable about doing so, and expressed that discomfort in strong terms.”
Panopticon, 25th June 2013
Source: www.panopticonblog.com
Ian Brady: Witnessing the tribunal evidence – BBC News
“Moors Murderer Ian Brady spoke publicly for the first time in 47 years as he appeared before a mental health tribunal at Ashworth Hospital.”
BBC News, 25th June 2013
Source: www.bbc.co.uk
Right of appeal for family visit visas abolished – Home Office
“Removal of right of appeal for family visit visas will save more than £100 million over next decade.”
Home Office, 25th June 2013
Source: www.gov.uk/home-office
Wife in £20m divorce rifled husband’s safe while he played golf – Daily Telegraph
“A wife persuaded a court to freeze £20 million of her husband’s assets using papers she raided from his safe while he was out playing golf, a High Court judge has disclosed.”
Daily Telegraph, 25th June 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.