Current Awareness

Has The Golden Thread Finally Been Snapped? – Zenith Chambers

Posted March 21st, 2013 in burden of proof, case management, criminal justice, guilty pleas, judiciary, speeches by sally

“‘Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner’s guilt subject to what I have already said as to the defence of insanity and subject also to any statutory exception

No matter what the charge or where the trial, the principle that the prosecution must prove the guilt of the prisoner is part of the common law of England and no attempt to whittle it down can be entertained.’

Per Viscount Sankey in Woolmington v DPP [1935] AC 462 – emphasis added.

There cannot be an English lawyer who is unaware of this paragraph in Viscount Sankey’s judgment in Woolmington. Many non-lawyers who have chanced to read the Rumpole stories will also be as aware of, if not as attached to, it.”

Full story (PDF)

Zenith Chambers, 19th March 2013

Source: www.zenithchambers.co.uk

QASA: part of a sustained attack on legal aid? – LegalVoice

Posted March 21st, 2013 in advocacy, barristers, legal aid, legal profession, news, quality assurance by sally

“Amongst criminal lawyers, the issues surrounding QASA – the Quality Assurance Scheme for Advocates – that have been rumbling on for a few years, is coming to a head, writes Dan Bunting. The Criminal Bar Association have come out very strongly against it which prompted a strong response from Baroness Ruth Deech, the Chair of the Bar Standards Board. It has also managed to achieve the impossible – uniting barristers and solicitors.”

Full story

LegalVoice, 21st March 2013

Source: www.legalvoice.org.uk

Secret commissions and proprietary claims – where are we now? – 11 Stone Buildings

Posted March 21st, 2013 in agency, appeals, bribery, constructive trusts, news by sally

“Practitioners were trained to believe that an agent would hold a bribe on trust for his principal. Then came Sinclair v Versailles which appeared to have decided that the principal’s remedy would be merely personal. Now everything seems to have changed again. In this ‘Insider’ note Peter Head examines the Court of Appeal’s recent decision in FHR European Ventures LLP v Mankarious and considers where we are now.”

Full story (PDF)

11 Stone Buildings, March 2013

Source: www.11sb.com

Half a Century of Change: The Evidence of Child Victims – Speech by The Right Honourable the Lord Judge

Posted March 21st, 2013 in child abuse, children, evidence, speeches, witnesses by sally

Half a Century of Change: The Evidence of Child Victims (PDF)

Speech by The Right Honourable the Lord Judge, Lord Chief Justice of England and Wales

Toulmin Lecture in Law and Psychiatry, 20th March 2013

Source: www.judiciary.gov.uk

Is rights replication undermining the international human rights system? – UK Human Rights Blog

Posted March 21st, 2013 in human rights, international law, news, treaties by sally

“Rapid expansion of human rights obligations at the European and international levels arguably undermines the system of International Human Rights Law. Countries like the UK, which place strong emphasis on the need to protect individuals from abuses, are faced with ever more obligations stemming from rights inflation. One crucial way in which this occurs is through rights replication.”

Full story

UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

Are future criminal barristers out of touch with reality? – The Guardian

Posted March 21st, 2013 in barristers, crime, legal profession, news by sally

“The criminal bar may be facing its darkest moment but applications for bar school continue to rise.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk

Jack Straw – Dilemmas of a Foreign Secretary – UCL Constitution Unit

Posted March 21st, 2013 in ministers' powers and duties, news, speeches by sally

“Jack Straw served continuously on the Labour front-bench for 30 years- from November 1980 until October 2010.

He was a senior member of the Labour Cabinet for the whole period of the 1997-2000 Labour Government. He served successively as Home Secretary (1997-2001), Foreign Secretary (2001-2006), Leader of the Commons (2006-7), and then Lord Chancellor and Justice Secretary (2007-2010).”

Video

UCL Constitution Unit, 7th March 2013

Source: www.ucl.ac.uk/constitution-unit

Command Papers – official-documents.gov.uk

Posted March 21st, 2013 in parliamentary papers by sally

Review of the monetary policy framework, Cm 8588 (PDF)

Economic and ﬁscal outlook, Cm 8573 (PDF)

Source: www.official-documents.gov.uk

Hayes (FC) (Respondent) v Willoughby (Appellant) – Supreme Court

Posted March 21st, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes (FC) (Respondent) v Willoughby (Appellant) [2013] UKSC 17 | UKSC 2012/0010 (YouTube)

Supreme Court, 20th March 2013

Source: www.youtube.com/user/UKSupremeCourt

Call for research into effects on children of giving evidence in abuse cases – The Guardian

Posted March 21st, 2013 in child abuse, children, evidence, news, speeches, witnesses by sally

“Research should be carried out into the long-term affects on those who give evidence about sexual abuse when they are a child, the lord chief justice, Lord Judge, has urged.”

Full story

The Guardian, 20th March 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 21st, 2013 in legislation by sally

The Landfill Tax (Amendment) Regulations 2013

The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2013

The Visiting Forces (Designation) Order 2013

The Civil Aviation Act 2012 (Commencement No. 1, Transitional, Transitory and Saving Provisions) Order 2013

The Charities (Incorporated Church Building Society) (England and Wales) Order 2013

The Financial Services Act 2012 (Misleading Statements and Impressions) Order 2013

The Bank of England Act 1998 (Macro-prudential Measures) Order 2013

The Financial Services Act 2012 (Consequential Amendments) Order 2013

The Financial Services Act 2012 (Consequential Amendments and Transitional Provisions) (No. 2) Order 2013

The Consular Fees (Amendment) Order 2013

The Transfer of Functions (Chequers and Dorneywood Estates) Order 2013

The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

The Civil Aviation Act 2012 (Regulation of Operators of Dominant Airports) (Consequential Amendments) Regulations 2013

The Regional Strategy for the East Midlands (Revocation) Order 2013

The Uncertificated Securities (Amendment) Regulations 2013

The Hydrocarbon Oil Duties (Reliefs for Electricity Generation) (Amendments for Carbon Price Support) Regulations 2013

The Capital Gains Tax (Annual Exempt Amount) Order 2013

The Offshore Funds (Tax) (Amendment) Regulations 2013

The Value Added Tax (Increase of Registration Limits) Order 2013

Source: www.legislation.gov.uk

Trouble for personal injury law firms means trouble for claimants – The Guardian

Posted March 21st, 2013 in costs, fees, law firms, news, personal injuries by sally

“While there is little public sympathy for solicitors the truth is that people will soon find it harder to claim compensation.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk

The Supreme Court on harassment: purpose and rationality – UK Human Rights Blog

Posted March 21st, 2013 in crime, defences, harassment, news, Supreme Court by sally

“Harassment is both a civil wrong and a crime. It is a statutory defence to both that the conduct #was pursued for the purpose of preventing or detecting crime’ s.1(3) Protection of Harassment Act 1997. This decision grappled with the problem of the apparently honest but irrational harasser. Was he guilty or did this defence help him? In answering this, the Supreme Court looked at some basic concepts running through great swathes of the law, ‘purpose’, ‘subjective’, ‘objective’, ‘reasonableness’ and, critically, ‘rationality’ – so the case is one not simply for harassment lawyers to look at.”

Full story

UK Human Rights Blog, 20th March 2013

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted March 21st, 2013 in law reports by sally

Supreme Court

Hayes v Willoughby [2013] UKSC 17 (20 March 2013)

Court of Appeal (Civil Division)

Day v Harris & Anor [2013] EWCA Civ 191 (20 March 2013)

Shami v Shami [2013] EWCA Civ 227 (20 March 2013)

El-Dinnaoui v Westminster City Council [2013] EWCA Civ 231 (20 March 2013)

Lord Carlile of Berriew & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 199 (20 March 2013)

High Court (Queen’s Bench Division)

NNN v Ryan & Ors [2013] EWHC 637 (QB) (20 March 2013)

High Court (Chancery Division)

Challinor & 20 Ors v Juliet Bellis & Co & Anor [2013] EWHC 620 (Ch) (19 March 2013)

Centrehigh Ltd v Kare Amen & Ors [2013] EWHC 625 (Ch) (08 March 2013)

High Court (Administrative Court)

Thames Water Utilities Ltd v Bromley Magistrates’ Court [2013] EWHC 472 (Admin) (20 March 2013)

Source: www.bailii.org

Public inquiries should avoid mock trial image, says study – The Guardian

Posted March 21st, 2013 in inquiries, news, reports, trials by sally

“Public inquiries should avoid the atmosphere of a ‘mock trial’ in order to improve dialogue among participants, according to a study.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk

Two men found responsible for Omagh bombing after landmark civil action – The Independent

Posted March 21st, 2013 in civil justice, explosives, news, retrials, terrorism by sally

“Two men connected to the republican movement in Northern Ireland have been ruled responsible for the Omagh bombing after a landmark civil action.”

Full story

The Independent, 20th March 2013

Source: www.independent.co.uk

The “noisy minority” of barristers opposed to QASA hit back at BSB claims – Legal Futures

Posted March 21st, 2013 in advocacy, barristers, legal profession, news, quality assurance by sally

“The Bar Standards Board (BSB) chair’s description of opponents of the Quality Assurance Scheme for Advocates (QASA) as ‘a noisy minority of dissenters’ received an immediate high-powered response from criminal law barristers.”

Full story

Legal Futures, 21st March 2013

Source: www.legalfutures.co.uk

Disability hate crime victims being let down, official report says – The Guardian

Posted March 21st, 2013 in crime, disabled persons, hate crime, news, reports, victims by sally

“Victims of disability hate crime are being let down by the criminal justice system and attacks are not being properly recorded, according to a report by three official inspectorates.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk