Regina (F) v Director of Public Prosecutions – WLR Daily

Posted May 16th, 2013 in consent, Crown Prosecution Service, law reports, prosecutions, rape by sally

Regina (F) v Director of Public Prosecutions [2013] EWHC 945 (Admin); [2013] WLR (D) 178

“For the purposes of an offence of rape contrary to the Sexual Offences Act 2003, choice was crucial to the issue of ‘consent’ to sexual intercourse. Evidence relating to ‘choice’ and the ‘freedom’ to make any particular choice had to be approached in a broad common sense way. Where a man deliberately ignored the basis of his partner’s consent to penetration as a manifestation of his control over her consent to penetration could be vitiated and give rise to a conviction for rape.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk

Regina (A) v Lowestoft Magistrates’ Court – WLR Daily

Posted May 16th, 2013 in children, law reports, local government, reporting restrictions by sally

Regina (A) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin); [2013] WLR (D) 177

“The child specifically referred to in any charge under section 2(1) of the Licensing Act 1902 was a subject of criminal proceedings which were taken ‘in respect of’, and thus “concerned”, that child for the purposes of the court’s power to impose reporting restrictions under section 39 of the Children and Young Persons Act 1933.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

PC ( by her litigation friend the Official Solicitor) and another v City of York Council – WLR Daily

Posted May 16th, 2013 in appeals, cohabitation, law reports, learning difficulties, local government, mental health by sally

PC (by her litigation friend the Official Solicitor) and another v City of York Council [2013] EWCA Civ 478; [2013] WLR (D) 176

“The test for whether a person had capacity under the Mental Capacity Act 2005 to decide was specific to the decision in question in its particular factual matrix and context.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Regina v Johal – WLR Daily

Posted May 16th, 2013 in appeals, confiscation, criminal procedure, delay, law reports by sally

Regina v Johal [2013] EWCA Crim 647; [2013] WLR (D) 175

“When a court postponed confiscation proceedings the omission of a ‘specified period’ of postponement was plainly a procedural rather than a substantive error so that a court would not be deprived of its duty to make a confiscation order where such a breach did not prejudice the defendant in any way. Alternatively, if such a failure was indeed procedural it would fall within the ambit of section 14(11) of the Proceeds of Crime Act 2002 which stipulated that such a failure should not be the basis for quashing an otherwise valid confiscation order.”

WLR Daily, 19th April 2013

Source: www.iclr.co.uk

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others – WLR Daily

Posted May 16th, 2013 in appeals, gambling, horse racing, law reports by sally

Regina (William Hill Organization Ltd) v Horserace Betting Levy Board and others [2013] EWCA Civ 487; [2013] WLR (D) 174

“A customer which as part of its business did betting on a betting exchange did not receive or negotiate bets so was not a bookmaker for the purposes of the Betting, Gaming and Lotteries Act 1963 and was not liable to pay the horserace betting levy.”

WLR Daily, 3rd May 2013

Source: www.iclr.co.uk

Loveridge v Lambeth London Borough Council – WLR Daily

Posted May 16th, 2013 in appeals, damages, harassment, landlord & tenant, law reports, local government, repossession, valuation by sally

Loveridge v Lambeth London Borough Council [2013] EWCA Civ 494; [2013] WLR (D) 173

“The valuation required by section 28(1) of the Housing Act 1988, in respect of damages for unlawful eviction under section 27, required that the propensity for the rights of a tenant of a local authority to change from those of a secure tenant to those of an assured tenant on a sale of the reversion to a private landlord was to be factored into the hypothetical valuation of the landlord’s interest subject to the tenant’s rights.”

WLR Daily, 10th May 2013

Source: www.iclr.co.uk

Bar Council and Bar Standards Board 2nd biennial survey of the profession – The Bar Council

Posted May 16th, 2013 in barristers, news, reports by sally

At a time of unprecedented change in the way in which legal services are delivered, it has never been more important to gather the views of the profession about their experience of life at the Bar. The Bar Council and the Bar Standards Board (BSB) are carrying out the second biennial survey of the Bar, the results of which will inform strategic planning and provide information on the working lives of barristers.

Full story

The Bar Council, 15th May 2013

Source: www.barcouncil.org.uk

Legal profession joins forces to oppose unreasonable legal aid proposals – The Bar Council

Posted May 16th, 2013 in criminal justice, legal aid, legal profession, news, tenders by sally

“Representatives of the Law Society and the Bar Council have joined forces with wider practitioner bodies to oppose the Ministry of Justice Consultation on proposed savage cuts to the funding of the Criminal Legal Aid Budget, the introduction of Price Competitive Tendering and other changes to the criminal justice system.”

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The Bar Council, 14th May 2013

Source: www.barcouncil.org.uk

Government response to the report on the operation in 2012 of the Terrorism Prevention and Investigation Measures Act 2011 – Home Office

Posted May 16th, 2013 in human rights, legislation, news, reports, terrorism, terrorism prevention & investigation measures by sally

“The Secretary of State for the Home Department (Theresa May): In accordance with section 20(2), 20(3), 20(4) and 20(5) of the Terrorism Prevention and Investigation Measures Act 2011, the Independent Reviewer of Terrorism Legislation (David Anderson QC) prepared a report on the operation of the Act in 2012, which I laid before the House on 14 March 2013.”

Full story

Home Office, 16th May 2013

Source: www.gov.uk/home-office

Stopping poor quality and time-wasting expert evidence in family courts – Ministry of Justice

Posted May 16th, 2013 in consultations, delay, expert witnesses, family courts, fees, news, standards by sally

“New national standards to raise the quality of experts used in family courts and get rid of time-consuming evidence which adds little value in helping judges reach a decision were announced by the Government today.”

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Ministry of Justice, 16th May 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

The President of the Methodist Conference (Appellant) v Preston (Respondent) – Supreme Court

Posted May 16th, 2013 in Christianity, employment, law reports, Supreme Court, unfair dismissal by sally

The President of the Methodist Conference (Appellant) v Preston (Respondent) [2013] UKSC 29 | UKSC 2012/0015 (YouTube)

Supreme Court, 15th May 2013

Source: www.youtube.com/user/UKSupremeCourt

Standards for expert witnesses in the family courts in England and Wales – Ministry of Justice

Posted May 16th, 2013 in consultations, expert witnesses, family courts, news, professional conduct, standards by sally

“This is a consultation on minimum standards for expert witnesses providing evidence in the family courts in proceedings relating to children in England and Wales.”

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Ministry of Justice, 16th May 2013

Source: www.justice.gov.uk

UK Uncut loses legal challenge over Goldman Sachs tax deal with HMRC – The Guardian

Posted May 16th, 2013 in HM Revenue & Customs, illegality, judicial review, news, taxation by sally

“Campaign group UK Uncut Legal Action has lost its high court challenge over the legality of the ‘sweetheart’ tax deal between HM Revenue and Customs and Goldman Sachs.”

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The Guardian, 16th May 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 16th, 2013 in law reports by sally

Supreme Court

Methodist Conference v Preston (Rev 1) [2013] UKSC 29 (15 May 2013)

Court of Appeal (Criminal Division)

Odegbune & Ors v R. [2013] EWCA Crim 711 (15 May 2013)

Norris v R. [2013] EWCA Crim 712 (15 May 2013)

Court of Appeal (Civil Division)

Doy v Gunn [2013] EWCA Civ 547 (08 May 2013)

Hotak v London Borough of Southwark (Rev 1) [2013] EWCA Civ 515 (15 May 2013)

Watson, R (on the application of) v London Borough of Richmond Upon Thames [2013] EWCA Civ 513 (15 May 2013)

United Marine Aggregates Ltd. v GM Welding & Engineering Ltd & Anor [2013] EWCA Civ 516 (14 May 2013)

High Court (Chancery Division)

Fons HF v Corporal Ltd [2013] EWHC 1278 (Ch) (09 May 2013)

Kemsley v Barclays Bank Plc & Ors [2013] EWHC 1274 (Ch) (15 May 2013)

High Court (Technology and Construction Court)

Hammersmatch Properties (Welwyn) Ltd v Saint -Gobain Ceramics and Plastics Ltd & Anor [2013] EWHC 1161 (TCC) (14 May 2013)

Source: www.bailii.org

Charity unable to claim rates relief – Wi-Fi transmitters were “minimal” use, says High Court – OUT-LAW.com

Posted May 16th, 2013 in charities, news, rates, telecommunications by sally

“A registered charity that provides free Wi-Fi services and broadcasts public safety messages using transmitters installed in otherwise empty commercial properties cannot claim business rates relief, the High Court has said.”

Full story

OUT-LAW.com, 15th May 2013

Source: www.out-law.com

Saudi princes fail to win sovereign immunity in UK court case – The Guardian

Posted May 16th, 2013 in appeals, immunity, news, reporting restrictions, royal family by sally

“Two senior Saudi princes have failed to extract themselves from English justice after the court of appeal upheld a ruling that they are not entitled to sovereign immunity in a case involving their London-based business interests.”

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The Guardian, 16th May 2013

Source: www.guardian.co.uk

Victoria station killing: Odegbune minimum tariff reduced – BBC News

Posted May 16th, 2013 in gangs, grievous bodily harm, murder, news, sentencing, violent disorder, young offenders by sally

“A teenager convicted of murdering a schoolboy in Victoria Station has had his sentence’s minimum term reduced.”

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BBC News, 15th May 2013

Source: www.bbc.co.uk

Supreme Court rules that God is above the law – Daily Telegraph

Posted May 16th, 2013 in Christianity, employment, news, Supreme Court, unfair dismissal by sally

“It has passed judgments affecting multimillionaires, multinational banks and MPs but now Britain’s highest court has made clear that it does not have jurisdiction over God.”

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Daily Telegraph, 15th May 2013

Source: www.telegraph.co.uk

Priority need – NearlyLegal

Posted May 16th, 2013 in appeals, homelessness, housing, learning difficulties, local government, mental health, news by sally

“Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not.”

Full story

NearlyLegal, 15th May 2013

Source: www.nearlylegal.co.uk

Ministers seek to cut £50m legal aid bill for expert witnesses in family courts – The Guardian

Posted May 16th, 2013 in consultations, evidence, expert witnesses, family courts, fees, legal aid, news by sally

“Too many expert witnesses are being paid to give evidence of little value in family courts, according to the Ministry of Justice which is proposing a fresh round of cuts to legal aid.”

Full story

The Guardian, 16th May 2013

Source: www.guardian.co.uk