“Gordon Exall discusses the use of opinion evidence in witness statements. Looking, in particular, at two recent decisions which discuss opinion evidence.”
Full story (PDF)
Zenith Chambers, 6th June 2013
Source: www.zenithchambers.co.uk
“In his monthly column, James Bickford Smith considers recent decisions in which courts have taken a strict approach to compliance with the CPR following Jackson implementation, and offers some practical suggestions on how best to limit the risks of falling foul of the developing approach.”
Littleton Chambers, 5th June 2013
Source: www.littletonchambers.com
“What are the implications of a court setting aside a disposal made by a divorcing spouse to a third party? Anna Heenan & Ed Heaton report.”
New Law Journal, 7th June 2013
Source: www.newlawjournal.co.uk
“In a flurry of press reports, the trials of 20 young people charged in connection with a savage murder came to an end with unequivocally strong views on the parts of the families of both the convicted and the victim. This article looks briefly at the doctrine of joint enterprise in English criminal law, used to convict some, but it seems – surprisingly – not all of the defendants charged.
Soyfen Belamouadden was just 15 years old when on March 25, 2010 he was murdered in a vicious knife assault by a number of youths in the booking office in Victoria Station, London. Thirteen defendants were originally charged, with murder, with seven others charged with other offences. After a series of trials, 13 were convicted of various offences ranging from manslaughter to lesser offences such as violent disorder and three of the defendants were convicted of murder and sentenced to life imprisonment with a recommendation that they serve a minimum of 18 years.”
Criminal Law and Justice Weekly, 8th June 2013
Source: www.criminallawandjustice.co.uk
“Consumers will be able to check if claims management companies (CMCs) are subject to investigation with the launch of a new online tool.”
Ministry of Justice, 7th June 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“Six men who planned an attack on an English Defence League rally which could have sparked ethnic violence on Britain’s streets, have been jailed for a total of more than a 100 years.”
The Guardian, 10th June 2013
Source: www.guardian.co.uk
ZZ (France) v Secretary of State for the Home Department (Case C-300/11); [2013] WLR (D) 218
“Where a national authority had failed to inform an EU citizen precisely and in full of the public security grounds, and the related evidence, upon which it had made a decision under article 27 of Parliament and Council Directive 2004/38/EC refusing the citizen entry, the national court was required, pursuant to articles 30(2) and 31 of the Directive and article 47 of the Charter of Fundamental Rights, to ensure that that failure was limited to that which was strictly necessary. The court had to ensure, in any event, that the citizen was informed of the essence of the grounds in a manner which took due account of the necessary confidentiality of the evidence.”
WLR Daily, 4th June 2013
Source: www.iclr.co.uk
“On the proper interpretation of the second paragraph of article 6 of Council Regulation (EC) No 343/2003, where an unaccompanied minor, who had no family member within the European Union, had made applications for asylum in more than one member state, the member state responsible for examining that application was that in which the minor was present at the time, after having lodged an asylum application there.”
WLR Daily, 6th June 2013
Source: www.iclr.co.uk
Court of Appeal (Civil Division)
Ilott v Williams & Ors [2013] EWCA Civ 645 (07 June 2013)
Holt v Reading Borough Council [2013] EWCA Civ 641 (07 June 2013)
SK (Sri Lanka) v Secretary of State for the Home Department [2013] EWCA Civ 650 (30 April 2013)
CIMC Raffles Offshore (Singapore) Ltd & Anor v Schahin Holding SA [2013] EWCA Civ 644 (07 June 2013)
High Court (Queen’s Bench Division)
McMillan v Airedale NHS Foundation Trust [2013] EWHC 1504 (QB) (05 June 2013)
High Court (Chancery Division)
Atrium Training Services Ltd & Connor Williams Ltd, Re [2013] EWHC 1562 (Ch) (07 June 2013)
Group Seven Ltd v Allied Investment Corporation Ltd & Ors [2013] EWHC 1509 (Ch) (06 June 2013)
Morse v Eaglemoss Publications Ltd [2013] EWHC 1507 (Ch) (07 June 2013)
High Court (Family Division)
R (Mother) v C (Father) & Anor [2013] EWHC 1295 (Fam) (17 May 2013)
High Court (Administrative Court)
Stratton, R (on the application of) v Thames Valley Police [2013] EWHC 1561 (Admin) (07 June 2013)
High Court (Commercial Court)
Bank of New York Mellon v Sterling Biotech Ltd [2013] EWHC 1478 (Comm) (12 April 2013)
Source: www.bailii.org
“Even the government’s own lawyers are horrified by these reforms.”
The Independent, 7th June 2013
Source: www.independent.co.uk
“A Nottingham man has found guilty of killing and dismembering a love rival.”
BBC News, 7th June 2013
Source: www.bbc.co.uk
“Internet users who are suspected of illegally downloading copyrighted material will not be sent warning letters about their behaviour until the second half of 2015 at the earliest, the Government has confirmed.”
OUT-LAW.com, 10th June 2013
Source: www.out-law.com
“Twenty-one people who occupied a power station for a week have avoided custodial sentences.”
BBC News, 6th June 2013
Source: www.bbc.co.uk
“The Legal Aid, Sentencing and Punishment of Offenders Act 2012 has already brought to an end the availability of legal aid across a whole range of areas of law that have direct relevance to the poor. Under cover of generalised claims about opportunistic litigation, the goal has clearly been to remove the capacity for challenge to the implementation (whether lawless or not) of the coalition’s various attacks on benefits. The same legislation also withdrew state support from foreign nationals in prison who are threatened with deportation, as many are – regardless of how long they had been here and how British they are in fact. The idea behind this change was to prevent resistance to removal by showing an infringement of the right to respect for private life in the Human Rights Act (a matter on which government now also intends to legislate separately). In both these cases, the government appears close to accepting that their goal is to prevent meritorious cases getting to court, on the ground that the laws that make them meritorious (human rights legislation; equality law; the common law of procedural fairness) are not laws they like. They have been tempted to remove the litigants rather than the laws, hoping there’ll be less fuss.”
UK Constitutional Law Group, 10th June 2013
Source: www.ukconstitutionallaw.org
“Homeowners who set up their own CCTV cameras to improve security could face new controls, after an official said there had been a surge in complaints about snooping neighbours.”
Daily Telegraph, 9th June 2013
Source: www.telegraph.co.uk
“A factory worker has been found guilty of murdering his girlfriend after hatching a plot with his secret lover and her uncle to secure a £120,000 life insurance payout and a share of a house.”
The Guardian, 7th June 2013
Source: www.guardian.co.uk
“A council has been forced to pay a devout Christian more than £100,000 after colleagues stuck mini models of male genitalia made of Blu-Tack on her telephone.”
Daily Telegraph, 7th June 2013
Source: www.telegraph.co.uk
“A suspected Jamaican sex-offender charged five times but never convicted for allegedly raping vulnerable women has been banned from Britain for a decade in a controversial new police tactic to target foreign criminals.”
The Independent, 7th June 2013
Source: www.independent.co.uk
“For nearly 500 years the Old Bailey has been one of the world’s most famous criminal courts, hosting the trials of notorious killers like Dr Crippen, Ruth Ellis, Peter Sutcliffe and Ian Huntley.”
Daily Telegraph, 9th June 2013
Source: www.telegraph.co.uk
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