EVENT: The Law Society – The Minority Lawyers’ Seminar: Career Development and Social Media

Posted May 20th, 2013 in Forthcoming events by sally

“The Bar Council, the Law Society, and the Chartered Institute of Legal Executives (CILEx) are proud to announce this year’s Minority Lawyers’ Conference (MLC) will be held as a series of evening seminars throughout the year. The seminars will cover some of the challenges around career development, and will focus on helping lawyers from minority communities.”

Date: 18th June 2013, 6.00-8.00pm

Location: The Law Society’s Hall, 113 Chancery Lane, London WC2A 1PL

Charge: £10 + VAT

More information can be found here.

Good Intentions are Not Enough: Thompson v Hurst – Family Law Week

Posted May 20th, 2013 in appeals, cohabitation, housing, land registration, mortgages, news by sally

“Sheila Hamilton Macdonald, barrister, examines the implications of the Court of Appeal judgment in Thompson v Hurst; a cohabitee property dispute in which the property had been registered in the name of only one of the cohabitees.”

Full story

Family Law Week, 16th May 2013

Source: www.familylawweek.co.uk

Home Office calls for evidence in Balance of Competences Review – Home Office

Posted May 20th, 2013 in asylum, consultations, freedom of movement, immigration, news by sally

“The government has today launched calls for evidence on the balance of powers between the UK and the European Union on asylum and immigration, and on the Free Movement of Persons.”

Full story

Home Office, 16th May 2013

Source: www.gov.uk/home-office

Stop and Tase? – Criminal Law and Justice Weekly

Posted May 20th, 2013 in consultations, damages, judicial review, news, police, statistics, weapons by sally

“Last month saw the launch of the judicial review of the ‘Taser Roll-out Programme’. The landmark challenge comes after the Metropolitan Police Service and the Mayor’s Office for Policing and Crime (MOPAC) began the roll-out of Tasers across all 32 boroughs of London without holding a public consultation or providing the public with information about the Programme. Forty officers in each borough will be trained to use the Taser; eight officers per shift and two Emergency Response Teams will have Tasers with them at any one time. The judicial review also raises the issue that there was a legitimate expectation that the ‘Taser Policy’ across London would remain in force and that there is an arguable breach of art.2 and 3 of the European Convention of Human Rights in continuing with the implementation of the Programme.”

Full story

Criminal Law and Justice Weekly, 18th May 2013

Source: www.criminallawandjustice.co.uk

Joyce v O’Brien and another – WLR Daily

Posted May 20th, 2013 in causation, ex turpi causa, joint enterprise, law reports, negligence, personal injuries by sally

Joyce v O’Brien and another [2013] EWCA Civ 546; [2013] WLR (D) 182

“Where the character of a joint criminal enterprise was such that it was foreseeable that a party or parties might be subject to unusual or increased risks of harm as a consequence of the activities of the parties in pursuance of their criminal objectives, and the risk materialised, the harm could properly be said to have been caused by the criminal act of the party suffering it even if it resulted from the negligent or intentional act of another party to the criminal enterprise. Therefore, in such circumstances the principle of ex turpi causa non oritur actio would provide the negligent party with a defence to a claim for negligence by the injured party.”

WLR Daily, 17th May 2013

Source: www.iclr.co.uk

Fish & Fish Ltd v Sea Shepherd UK and others – WLR Daily

Posted May 20th, 2013 in appeals, charities, environmental protection, fisheries, joint liability, law reports by sally

Fish & Fish Ltd v Sea Shepherd UK and others [2013] EWCA Civ 544; [2013] WLR (D) 181

“In order for a party to be liable as a joint tortfeasor by virtue of doing acts in furtherance of a common design to do acts that were tortious, it was not a requirement that the party’s acts had been an essential part of or of real significance to the commission of the tort.”

WLR Daily, 16th May 2013

Source: www.iclr.co.uk

Hotak v Southwark London Borough Council – WLR Daily

Posted May 20th, 2013 in appeals, homelessness, housing, law reports, local government by sally

Hotak v Southwark London Borough Council [2013] EWCA Civ 515; [2013] WLR (D) 180

“When assessing an applicant’s priority need for accommodation under section 189(1)(c) of the Housing Act 1996 the local housing authority was entitled to consider evidence of personal support and assistance provided by a family member which would continue should the applicant become street homeless. The weight to be given to the evidence was a separate and important consideration. The reviewing officer was required to assess the vulnerability of the applicant as it would be when he was made homeless.”

WLR Daily, 15th May 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted May 20th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Willock & Ors v Corus UK Ltd [2013] EWCA Civ 519 (17 May 2013)

Birmingham City Council v James & Anor [2013] EWCA Civ 552 (17 May 2013)

Joyce v O’Brien & Anor [2013] EWCA Civ 546 (17 May 2013)

A (a child), Re (a child) [2013] EWCA Civ 543 (16 May 2013)

High Court (Family Division)

MR (A Child) [2013] EWHC 1156 (Fam) (07 May 2013)

High Court (Administrative Court)

Azaroal, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1248 (Admin) (17 May 2013)

UK Uncut Legal Action Ltd v Revenue and Customs [2013] EWHC 1283 (Admin) (16 May 2013)

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Source: www.bailii.org

OFT issues warning over personalised pricing transparency – OUT-LAW.com

Posted May 20th, 2013 in consumer protection, data protection, news, ombudsmen, privacy, unfair commercial practices by sally

“Businesses must be more transparent about the way they collect information about consumers in order to offer personalised prices for goods and services online, the Office of Fair Trading (OFT) has said.”

Full story

OUT-LAW.com, 20th May 2013

Source: www.out-law.com

Elena Ambrosiadou wins legal battle with ex-husband Martin Coward over software: They might be rich – but judge isn’t buying it in ‘toxic’ divorce – The Independent

Posted May 20th, 2013 in divorce, evidence, financial dispute resolution, news by sally

“Two hedge fund tycoons whose marriage ‘turned toxic’ were accused by a judge yesterday of giving ‘tainted’ evidence in their battle over the spoils of their failed relationship.”

Full story

The Independent, 17th May 2013

Source: www.independent.co.uk

Changes to Civil Procedure Rules and court costs made in April 2013 – OUT-LAW.com

Posted May 20th, 2013 in case management, civil procedure rules, costs, damages, expert witnesses, fees, news, proportionality, small claims, solicitors by sally

“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”

Full story

OUT-LAW.com, May 2013

Source: www.out-law.com

When are the proceeds of an agent’s breach of fiduciary duty held on trust? – Sports Law Bulletin from Blackstone Chambers

Posted May 20th, 2013 in appeals, constructive trusts, fiduciary duty, insolvency, news, trustees in bankruptcy by sally

“In FHR European Ventures LLP & ors v Mankarious & ors [2013] EWCA Civ 17 the Court of Appeal returned to the question when an agent holds proceeds of a breach of fiduciary duty as constructive trustee for his principal. The decision is required reading for sports lawyers asked to advise on breach of fiduciary duty cases. That is so not least because FHR addresses the decision in Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd [2011] EWCA Civ 347 in which the Court considered that it was bound by Lister & Co v Stubbs 45 Ch D 1 (CA) to reject the broad approach to the imposition of constructive trusts in this field which was described in Attorney General for Hong Kong v Reid [1994] 1 AC 324 (PC).”

Full story

Sports Law Bulletin from Blackstone Chambers, 20th May 2013

Source: www.sportslawbulletin.org

Criminal legal aid cuts to reach £370m – Law Society’s Gazette

Posted May 20th, 2013 in budgets, consultations, fees, legal aid, news, solicitors by sally

“The Ministry of Justice has confirmed that projected savings of £150m in fee cuts will not, as was expected, count towards required cuts of £220m a year – taking cuts in criminal legal aid to £370m.”

Full story

Law Society’s Gazette, 17th May 2013

Source: www.lawgazette.co.uk

Workfare placements must be made public, tribunal rules – The Guardian

Posted May 20th, 2013 in benefits, disclosure, employment, government departments, news, public interest, tribunals by sally

“The Department for Work and Pensions has lost a major court battle to keep the locations of thousands of workfare placements secret.”

Full story

The Guardian, 19th May 2013

Source: www.guardian.co.uk

Pending appeal against dismissal did not mean former employee transferred under TUPE, says EAT – OUT-LAW.com

Posted May 20th, 2013 in appeals, care homes, dismissal, employment tribunals, news, transfer of undertakings by sally

“A former employee who was awaiting an appeal against her dismissal was not ’employed’ for the purposes of the Transfer of Undertakings (Protection of Employment) Regulations (TUPE), the Employment Appeal Tribunal (EAT) has ruled.”

Full story

OUT-LAW.com, 17th May 2013

Source: www.out-law.com

Balance of Competences Review: Call for Evidence on Civil Judicial Cooperation (including family matters) – Ministry of Justice

Posted May 20th, 2013 in civil justice, consultations, EC law, news by sally

“The Balance of Competences Review, launched by the Government last summer, is an opportunity for people to have their say on what the EU does and how it affects the UK. This piece of work will deepen our understanding of EU membership, and help shape the UK’s policies in relation to the EU.”

Full story

Ministry of Justice, 16th May 2013

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

Night Shelters, dwellings and housing benefit – NearlyLegal

Posted May 20th, 2013 in benefits, homelessness, hotels, housing, local government, news, tribunals by sally

“This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance.”

Full story

NearlyLegal, 19th May 2013

Source: www.nearlylegal.co.uk

Roundtable: immigration – Law Society’s Gazette

Posted May 20th, 2013 in contracting out, deportation, government departments, human rights, immigration, news, visas by sally

“Immigration has proved a toxic issue for recent Home Office ministers. In 2004 home secretary David Blunkett resigned following revelations that a visa application had been fast-tracked. Immigration minister Beverley Hughes resigned after admitting she ‘unwittingly’ misled people about a suspected visa ‘scam’. Charles Clarke resigned as home secretary in 2006 after intense pressure over the release of foreign prisoners who could have been deported at the end of their custodial term.”

Full story

Law Society’s Gazette, 20th May 2013

Source: www.lawgazette.co.uk

Mairead Philpott to appeal against 17-year jail sentence – The Guardian

Posted May 20th, 2013 in appeals, arson, homicide, news, sentencing by sally

“A mother jailed for 17 years for killing her six children in a house fire is to appeal against the length of her sentence, her lawyers have said.”

Full story

The Guardian, 19th May 2013

Source: www.guardian.co.uk

Detainees win torture claims test case – BBC News

Posted May 20th, 2013 in asylum, compensation, detention, immigration, news, torture by sally

“Hundreds of people who were tortured before seeking asylum in the UK could seek compensation and release from immigration detention.”

Full story

BBC News, 17th May 2013

Source: www.bbc.co.uk