RSPCA could hire ‘experienced criminal barrister’ to review prosecutions, Attorney General suggests – Daily Telegraph

Posted February 25th, 2013 in animals, barristers, budgets, charities, news, private prosecutions, prosecutions by sally

“Britain’s most senior law officer has told the head of the RSPCA that he could consider hiring an experienced criminal lawyer to review the charity’s controversial prosecution policy.”

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Daily Telegraph, 22nd February 2013

Source: www.telegraph.co.uk

Residing together, apart – NearlyLegal

Posted February 25th, 2013 in appeals, families, housing, interpretation, local government, news, time limits by sally

“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”

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NearlyLegal, 24th February 2013

Source: www.nearlylegal.co.uk

Theresa May’s tough immigration rules defied by top judge – Daily Telegraph

Posted February 25th, 2013 in deportation, families, human rights, immigration, judges, news by sally

“The country’s most senior immigration judge has openly defied the Home Secretary by insisting that Parliament’s attempt to get tough on human rights abuses by foreign criminals is outweighed by the European Court.”

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Daily Telegraph, 23rd February 2013

Source: www.telegraph.co.uk

Can child porn users be treated? – BBC News

“A child protection charity says it is impossible to catch every person who looks at indecent images and more needs to be done to stop people from looking at them.”

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BBC News, 23rd February 2013

Source: www.bbc.co.uk

VAT on takeover costs not recoverable by holding company, says Court of Appeal – OUT-LAW.com

Posted February 25th, 2013 in appeals, costs, EC law, news, takeovers, tribunals, VAT by sally

“VAT incurred by a holding company on a takeover was not recoverable, according to a recent Court of Appeal decision in a case concerning UK airport operator BAA.”

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OUT-LAW.com, 22nd February 2013

Source: www.out-law.com

NHS foreign doctors must speak English, say ministers – BBC News

Posted February 25th, 2013 in doctors, EC law, immigration, licensing, news, professional conduct by sally

“Foreign doctors wanting to treat NHS patients in England will have to prove they have the necessary English skills, the government has confirmed.”

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BBC News, 24th February 2013

Source: www.bbc.co.uk

Parents ‘treated like felons on remand’ by school CRB checks – Daily Telegraph

Posted February 25th, 2013 in criminal records, news, school children, volunteers by sally

“Thousands of parents are still being forced to undergo ‘suspicious and hostile’ criminal record checks to volunteer in schools despite Coalition reforms designed to introduce common sense into the child protection system, according to research.”

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Daily Telegraph, 24th February 2013

Source: www.telegraph.co.uk

Missing April Jones: Mark Bridger trial due to start – BBC News

Posted February 25th, 2013 in kidnapping, murder, news, perverting the course of justice, trials by sally

“The man accused of the abduction and murder of missing five-year-old April Jones is due to stand trial.”

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BBC News, 25th February 2013

Source: www.bbc.co.uk

Trafficker jailed for using Polish workers as slaves – The Independent

Posted February 25th, 2013 in forced labour, news, sentencing, trafficking in human beings by sally

“A ‘physical and mental bully’ has been jailed for six years and three months for trafficking four men to the UK and exploiting them to work as slaves.”

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The Independent, 22nd February 2013

Source: www.independent.co.uk

Should jurors have to take a literacy test? – The Guardian

Posted February 25th, 2013 in education, evidence, judiciary, juries, media, news by sally

“The judge in the Vicky Pryce trial last week dismissed the jury for ‘fundamental deficits in understanding’. Should jurors have to sit a test?”

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The Guardian, 23rd February 2013

Source: www.guardian.co.uk

Hooper and another v Oates – WLR Daily

Posted February 22nd, 2013 in appeals, contracts, damages, law reports, sale of land by sally

Hooper and another v Oates [2013] EWCA Civ 91; [2013] WLR (D) 72

“The date for assessment of damages for breach of a contract for the sale of land where the purchaser had failed or refused to complete the purchase was not the date of the breach but the date when the vendors brought to an end their reasonable attempts to resell the property and took the property back for their own use.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others – WLR Daily

Posted February 22nd, 2013 in banking, debts, guarantees, law reports, loans by sally

Highbury Pension Fund Management Co and another v Zirfin Investments Ltd and others [2013] EWHC 238 (Ch); [2013] WLR (D) 71

“A creditor was entitled to invoke the equitable doctrine of marshalling to claim the benefit of securities held by a doubly-secured creditor even if the two securities did not both come from a debtor if one of the securities derived from a principal for whom the debtor stood surety.”

WLR Daily, 14th February 2013

Source: www.iclr.co.uk

Lessons from Legal Regulation for Leveson – Legal Services Board

Posted February 22nd, 2013 in inquiries, interception, legal services, media, privacy, public interest, speeches by sally

Lessons from Legal Regulation for Leveson (PDF)

The Chief Executive speaks at the Regulatory Policy Institutes Hertford Seminar in media regulation post-Leveson.

Legal Services Board, 12th February 2013

Source: www.legalservicesboard.org.uk

When Can Judges Change Their Minds? The Supreme Court’s judgment in L and B (Children) – Family Law Week

Posted February 22nd, 2013 in appeals, child abuse, judgments, judiciary, jurisdiction, news, Supreme Court by sally

“Martha Gray, Pupil at 1 Garden Court, considers whether and in what circumstances a judge who has announced her decision is entitled to change her mind, particularly in the context of fact-finding hearings in care proceedings, in the light of the Supreme Court’s recent judgment.”

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Family Law Week, 22nd February 2013

Source: www.familylawweek.co.uk

Equality in the Judiciary – Speech by Lady Hale

Posted February 22nd, 2013 in diversity, equality, judges, judiciary, speeches, women by sally

Equality in the Judiciary (PDF)

Speech by Lady Hale

Kuttan Menon Memorial Lecture, 21st February 2013

Source: www.supremecourt.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 22nd, 2013 in legislation by sally

The Kentish Flats Extension Order 2013

The Transmissible Spongiform Encephalopathies (England) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Sub-£2m cases “will be subject to costs management” amid criticism of big-case exemption – Litigation Futures

Posted February 22nd, 2013 in costs, judiciary, news, personal injuries by sally

“Cases before the Chancery Division, Technology and Construction Court (TCC), and Mercantile Courts that are worth less than £2m will be subject to costs management, it was confirmed yesterday.”

Full story

Litigation Futures, 22nd February 2013

Source: www.litigationfutures.com

BAILII: Recent Decisions

Posted February 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Shillam v R [2013] EWCA Crim 160 (22 February 2013)

Asmelash v R [2013] EWCA Crim 157 (22 February 2013)

Court of Appeal (Civil Division)

BAA Ltd v Revenue and Customs [2013] EWCA Civ 112 (21 February 2013)

Regeneron Pharmaceuticals Inc v Genentech Inc [2013] EWCA Civ 93 (21 February 2013)

Dear & Anor v Jackson [2013] EWCA Civ 89 (22 February 2013)

Evans, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2013] EWCA Civ 115 (22 February 2013)

High Court (Chancery Division)

Marconi Corporation Plc (now Telent Limited), Re [2013] EWHC 324 (Ch) (21 February 2013)

Interflora Inc & Anor v Marks and Spencer Plc & Anor [2013] EWHC 273 (Ch) (21 February 2013)

Davis & Anor v Price & Anor [2013] EWHC 323 (Ch) (21 February 2013)

High Court (Queen’s Bench Division)

McCann & Anor v Bennett [2013] EWHC 283 (QB) (21 February 2013)

McCann & Anor v Bennett (Sentencing Remarks) [2013] EWHC 332 (QB) (21 February 2013)

High Court (Administrative Court)

On Line Design & Engineering Ltd v Engineering Construction Industry Training Board [2013] EWHC 287 (Admin) (21 February 2013)

Ahzaz v The United States of America [2013] EWHC 216 (Admin) (21 February 2013)

High Court (Technology and Construction Court)

Zennstrom & Anor v Fagot & Ors [2013] EWHC 288 (TCC) (21 February 2013)

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2013] EWHC 237 (TCC) (22 February 2013)

Source: www.bailii.org

Figures show divorce hot spots – Ministry of Justice

Posted February 22nd, 2013 in dispute resolution, divorce, news, statistics by sally

Separating couples are being urged to use mediation instead of ending up in courtroom battles after a list of England and Wales divorce hot spots was revealed.

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Ministry of Justice, 20th February 2013

Source: www.justice.gov.uk

High Court challenge over 17-year-olds’ custody rights – Law Society’s Gazette

Posted February 22nd, 2013 in custody, detention, judicial review, news, police, United Nations, young offenders by sally

“The High Court will hear a legal challenge to the practice of treating 17-year-olds detained in police custody as adults, in a judicial review being brought by Just For Kids Law next week.”

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Law Society’s Gazette, 22nd February 2013

Source: www.lawgazette.co.uk