Command Papers – official-documents.gov.uk

Posted April 25th, 2013 in parliamentary papers by sally

Social Justice: transforming lives, Cm 8606 (PDF)

Post Legislative Scrutiny Memorandum, Cm 8610 (PDF)

Treaty on Mutual Legal Assistance in Criminal Matters between the United Kingdom of Great Britain and Northern Ireland and the Hashemite Kingdom of Jordan, Cm 8612 (PDF)

Reform of Judicial Review: the Government response, Cm 8611 (PDF)

Source: www.official-documents.gov.uk

QASA gets go-ahead from bar regulator – Law Society’s Gazette

Posted April 25th, 2013 in advocacy, barristers, news, quality assurance by sally

“The Bar Standards Board has approved the handbook for the controversial Quality Assurance Scheme for Advocates.”

Full story

Law Society’s Gazette, 25th April 2013

Source: www.lawgazette.co.uk

Regina v Cosford and others – WLR Daily

Regina v Cosford and others [2013] EWCA Crim 466; [2013] WLR (D) 147

“The test for identifying a public office turned on the nature of the duty undertaken and, in particular, whether it was a public duty in the sense that it represented the fulfilment of one of the responsibilities of government such that the public had a significant interest in its discharge extending beyond an interest in anyone who might be directly affected by a serious failure in the performance of the duty. The existence or otherwise of a public office was a question of law to be decided by a trial judge not by a jury.”

WLR Daily, 16th April 2013

Source: www.iclr.co.uk

Another blow for Theresa May: treating 17-year-olds in custody as adults ‘incompatible’ with human rights law – The Independent

Posted April 25th, 2013 in children, human rights, news, parental rights, young offenders by sally

“A teenager has won a High Court victory over the Home Secretary Theresa May’s policy of treating 17-year-olds taken into custody as adults – depriving them of protections offered to those aged 16 and under.”

Full story

The Independent, 25th April 2013

Source: www.independent.co.uk

Tailoring the law on vicarious liability – Lord Hope of Craighead

Posted April 25th, 2013 in child abuse, education, employment, news, speeches, vicarious liability by sally

Tailoring the law on vicarious liability (PDF)

Lecture by Lord Hope of Craighead

Lord Taylor Memorial Lecture, Inner Temple, 23rd April 2013

Source: www.supremecourt.gov.uk

Death Row, Human Rights and the Limits of the Law – Criminal Law and Justice Weekly

“Although both the law surrounding human rights and the use of judicial review to uphold it have grown exponentially in the UK in recent times, there are still plenty of jurisdictions where even fundamental principles of justice are not respected with any consistency. It is not surprising, therefore, that the last decade has seen a number of cases where those faced with perceived injustice abroad turn homewards for redress.”

Full story

Criminal Law and Justice Weekly, 20th April 2013

Source: www.criminallawandjustice.co.uk

Barts and the London NHS Trust (Respondent) v Verma (Appellant) – Supreme Court

Barts and the London NHS Trust (Respondent) v Verma (Appellant) [2013] UKSC 20 | UKSC 2011/0246 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) – Supreme Court

Salvesen and Riddell and another (Respondents) v. The Lord Advocate (Appellant) (Scotland) [2013] UKSC 22 | UKSC 2012/0111 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

Uprichard (Appellant) v Scottish Ministers and another – Supreme Court

Posted April 25th, 2013 in environmental protection, law reports, planning, Scotland, Supreme Court by sally

Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 25th, 2013 in law reports by sally

Supreme Court

Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 (24 April 2013)

Uprichard v Scottish Ministers & Anor (Scotland) [2013] UKSC 21 (24 April 2013)

Barts and the London NHS Trust v Verma [2013] UKSC 20 (24 April 2013)

Court of Appeal (Criminal Court)

Foye v R. [2013] EWCA Crim 475 (24 April 2013)

JFJ, R. v [2013] EWCA Crim 569 (24 April 2013)

High Court (Queen’s Bench Division)

Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor [2013] EWHC 840 (QB) (24 April 2013)

High Court (Administrative Court)

Bracking & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor [2013] EWHC 897 (Admin) (24 April 2013)

F, R (on the application of) v The Director of Public Prosecutions & Anor [2013] EWHC 945 (Admin) (24 April 2013)

MV, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1017 (Admin) (24 April 2013)

Treagus, R (on the application of) v Suffolk County Council & Anor [2013] EWHC 950 (Admin) (24 April 2013)

Source: www.bailii.org

Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange

Posted April 25th, 2013 in appeals, confiscation, criminal procedure, news, proceeds of crime by sally

“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”

Full story

Halsbury’s Law Exchange, 24th April 2013

Source: www.halsburyslawexchange.co.uk

Revealed: Grayling’s plan to drive a wedge between bar and solicitors – Law Society’s Gazette

“Justice secretary Chris Grayling has sought to drive a wedge between solicitors and barristers over the drastic plans to cut criminal legal aid and restructure the market, the Gazette has learned.”

Full story

Law Society’s Gazette, 25th April 2013

Source: www.lawgazette.co.uk

Sex consent could still lead to rape charge, judges say – BBC News

Posted April 25th, 2013 in assault, consent, news, prosecutions, rape by sally

“A woman who agreed to sex might still be the victim of rape, the High Court has ruled.”

Full story

BBC News, 24th April 2013

Source: www.bbc.co.uk

Isn’t it time to abolish most women’s prisons? – Daily Telegraph

Posted April 25th, 2013 in drug abuse, news, prisons, victims, women by sally

“A parliamentary campaign launched today from Soroptimist and the Prison Reform Trust, suggests women and their families are disproportionately affected by a jail term. Ahead of Vicky Pryce’s expected release next month, Cathy Newman appraises the effectiveness of female imprisonement in the UK and considers the alternatives.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk

Class A drugs policy failing, say prison governors – BBC News

Posted April 25th, 2013 in crime, drug abuse, drug offences, news, prisons by sally

“Current policy on illegal drugs creates victims of crime and more prisoners at a cost to taxpayers, the Prison Governors Association (PGA) has argued.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Police back change in law to treat 17-year-olds in custody as juveniles – The Guardian

Posted April 25th, 2013 in news, parental rights, police, young offenders, young persons by sally

“Senior police officers are backing a change to the law so that 17-year-olds are treated as juveniles in custody and their parents are informed if they are arrested.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

McNally: ‘Access to justice’ doesn’t mean access to a lawyer – LegalVoice

Posted April 24th, 2013 in budgets, competition, human rights, legal aid, litigants in person, news by sally

“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”

Full story

LegalVoice, 24th April 2013

Source: www.legalvoice.org.uk

How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Can Britain withdraw from the European human rights convention? – The Guardian

Posted April 24th, 2013 in human rights, news, terrorism, torture, treaties by sally

“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk