Judging people – and a case about a Porsche 917 – UK Human Rights Blog

Posted January 23rd, 2013 in evidence, news, witnesses by sally

“Two types of readers may be interested in this case; the first, who are interested in the age-old judging problem of whom to believe when faced with a conflict of evidence, and the second (and I don’t want to do any gender-stereotyping) those who are fascinated in whether a replica Porsche 917 (think Steve McQueen in Le Mans) over-revved and blew because (a) it had a gearbox fault or (b) the Defendant driver missed a gear.”

Full story

UK Human Rights Blog, 23rd January 2013

Source: www.ukhumanrightsblog.com

Man jailed over Newbury mosque pig’s head dumping – BBC News

Posted January 23rd, 2013 in guilty pleas, harassment, news, religiously aggravated offences by sally

“A man has been jailed for three months for dumping a pig’s head outside a mosque in Berkshire.”

Full story

BBC News, 23rd January 2013

Source: www.bbc.co.uk

Treasury presses supreme court to consider secret evidence in bank case – The Guardian

Posted January 23rd, 2013 in banking, closed material, evidence, Iran, news, sanctions, Supreme Court by sally

“The Treasury is urging the supreme court to consider secret evidence for the first time when it hears an appeal by an Iranian bank against sanctions imposed on it by the British government.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 23rd, 2013 in legislation by sally

The Walsall Hospitals National Health Service Trust (Establishment) Amendment Order 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 5 and Saving Provision) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 23rd, 2013 in law reports by sally

Court of Appeal (Civil Division)

KC v MGN Ltd [2013] EWCA Civ 3 (22 January 2013)

MS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 7 (22 January 2013)

Bank of Scotland Plc v Watson [2013] EWCA Civ 6 (22 January 2013)

TG (A Child), Re [2013] EWCA Civ 5 (22 January 2013)

High Court (Queen’s Bench Division)

Piper v Hales [2013] EWHC B1 (QB) (18 January 2013)

Cummings & Ors v The Ministry of Justice [2013] EWHC 48 (QB) (22 January 2013)

High Court (Administrative Court)

Kenya Aid Programme v Sheffield City Council [2013] EWHC 54 (Admin) (22 January 2013)

Source: www.bailii.org

Regina (Bushara) v Secretary of State for the Home Department – WLR Daily

Posted January 23rd, 2013 in asylum, civil justice, human rights, immigration, Italy, law reports by sally

Regina (Bushara) v Secretary of State for the Home Department [2012] EWHC 3483 (Admin); [2013] WLR (D) 16

“In assessing whether an individual would be at risk on return to a member state, the fact that the receiving state was itself bound by the same Conventions and Community law as the sending state was to be regarded as obviating the risk unless there was a systemic failure in the receiving state. Unless there had been such a failure, the person was adequately protected: he had his rights against the receiving government and, if necessary, the possibility of recourse to the European Court of Human Rights from the receiving country.”

WLR Daily, 16th January 2013

Source: www.iclr.co.uk

Thames Water Utilities Ltd v Transport for London – WLR Daily

Posted January 23rd, 2013 in causation, law reports, negligence, nuisance, statutory duty, utilities by sally

Thames Water Utilities Ltd v Transport for London [2013] WLR (D) 15

“On the plain construction of regulation 19 of the Traffic Management Permit Scheme (England) Regulations 2007 a statutory undertaker could not avoid a criminal sanction where a person contracted to act on its behalf to undertake specified works in a specified street did so without a permit.”

WLR Daily, 17th January 2013

Source: www.iclr.co.uk

Regina (Van der Pijl) v Crown Court at Kingston upon Thames – WLR Daily

Posted January 23rd, 2013 in evidence, law reports, police, warrants by sally

Regina (Van der Pijl) v Crown Court at Kingston upon Thames [2012] EWHC 3745 (Admin); [2013] WLR (D) 14

“A search warrant had to be sufficiently clear and precise in its terms so that those carrying out the search and those whose premises were being searched could understand the warrant without reference to any other extraneous documents.”

WLR Daily, 21st January 2013

Source: www.iclr.co.uk

Blackstone’s Pannick fails to persuade Supreme Court to extend privilege to accountants – The Lawyer

Posted January 23rd, 2013 in accountants, financial advice, legal profession, news, privilege, taxation by sally

“The Supreme Court has refused to extend legal privilege to accountants offering tax advice.”

Full story

The Lawyer, 23rd January 2013

Source: www.thelawyer.com

Ministry of Justice publishes final DBA and success fee cap regulations – Litigation Futures

Posted January 23rd, 2013 in advocacy, consultations, damages, fees, news, regulations by sally

“Signs of life from the Ministry of Justice over getting on with implementing the Jackson reforms emerged yesterday with publication of two draft statutory instruments that will come into force on 1 April.”

Full story

Litigation Futures, 23rd January 2013

Source: www.litigationfutures.com

Barnet’s ‘easyCouncil’ faces judicial review over outsourcing – The Guardian

Posted January 23rd, 2013 in disabled persons, judicial review, local government, news, public private partnerships, social services by sally

“The ‘easyCouncil’ model of no-frills local services is set to go on trial this spring after the High Court announced it will review a £320m services contract due to be outsourced by the Conservative-controlled London Borough of Barnet.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

How UK libel laws undermined Sunday Times in Lance Armstrong case – The Guardian

Posted January 22nd, 2013 in burden of proof, defamation, drug abuse, media, news, sport by sally

“The legal battle with disgraced cyclist Lance Armstrong which cost the Sunday Times almost £1m after it suggested he took banned substances shows how difficult it is to pursue investigations under British libel laws, with the burden of proof heavily stacked against publishers, according to those who worked on the original stories.”

Full story

The Guardian, 22nd January 2013

Source: www.guardian.co.uk

Children: Public Law Update – Family Law Week

Posted January 22nd, 2013 in care orders, child abuse, children, disclosure, jurisdiction, news by sally

“John Tughan, barrister, 4 Paper Buildings, considers some recent important public law decisions of the Supreme Court, Court of Appeal and High Court relating to children.”

Full story

Family Law Week, 21st January 2013

Source: www.familylawweek.com

The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market – Legal Services Board

Posted January 22nd, 2013 in barristers, Legal Services Board, news, reports by sally

“In May 2012 the LSB commissioned Prof. John Flood (University of Westminster) and Prof. Morton Hvvid (University of East Anglia) to carry out a literature review analysing the impact on the market of paragraphs 601-610 of the of the Bar Standards Board’s (BSB) code, otherwise known as the ‘cab rank rule’. The LSB published The Cab Rank Rule: Its Meaning and Purpose in the New Legal Services Market on 22 January 2013.”

Full story

Legal Services Board, 22nd January 2013

Source: www.legalservicesboard.org.uk

BAILII: Recent Decisions

Posted January 22nd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Sharmilla & Ors, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWCA Civ 8 (21 January 2013)

High Court (Chancery Division)

Kingerlee Holdings Ltd v Dunelm (Soft Furnishings) Ltd [2013] EWHC 47 (Ch) (21 January 2013)

Francis v Solomon Taylor & Shaw (a firm) [2013] EWHC 9 (Ch) (11 January 2013)

Mahmood v Mitsubishi Electric Europe BV & Ors [2013] EWHC 44 (Ch) (18 January 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWHC 25 (Ch) (18 January 2013)

High Court (Queen’s Bench Division)

Ayres v Odedra [2013] EWHC 40 (QB) (18 January 2013)

High Court (Family Division)

A City Council v DC & Ors [2013] EWHC 8 (Fam) (11 January 2013)

High Court (Administrative Court)

Shaw & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 42 (Admin) (18 January 2013)

KA, R (on the application of) v Essex County Council [2013] EWHC 43 (Admin) (18 January 2013)

Save Our Parkland Appeal Ltd. R (on the application of) v East Devon District Council [2013] EWHC 22 (Admin) (18 January 2013)

Powierza v District Court, Warszawa, Poland [2013] EWHC 36 (Admin) (17 January 2013)

Redcar and Cleveland Independent Providers Association & Ors, R (on the application of) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin) (17 January 2013)

Lanner Parish Council v The Cornwall Council & Anor [2013] EWHC 37 (Admin) (21 January 2013)

Source: www.bailii.org

Final ruling on legal advice confidentiality expected tomorrow – OUT-LAW.com

Posted January 22nd, 2013 in accountants, confidentiality, news, privilege by sally

“Lawyers will learn tomorrow whether the confidential protection that attaches to their communication with clients can also be claimed by accountants. A Supreme Court ruling on the issue of legal professional privilege (LPP) is expected tomorrow.”

Full story

OUT-LAW.com, 22nd January 2013

Source: www.out-law.com

Who owns the copyright on barristers’ advocacy? – UK Human Rights Blog

Posted January 22nd, 2013 in advocacy, barristers, copyright, news, publishing, trials by sally

“Following yesterday’s welcome announcement that the UK Supreme Court (UKSC) is uploading judgment summaries to YouTube, there has been some speculation as to whether the UKSC will take the next step in its embrace of digital technology and upload full hearings of trials. But could taking this step result in falling foul of the UK’s copyright law?”

Full story

UK Human Rights Blog, 22nd January 2013

Source: www.ukhumanrightsblog.com

Met appeal over autism damages ruling – BBC News

Posted January 22nd, 2013 in appeals, autism, damages, disability discrimination, learning difficulties, news, police, post-traumatic stress disorder by sally

“The father of an autistic boy restrained by Metropolitan Police officers after he jumped into a swimming pool has attacked the force for challenging a ruling against them.”

Full story

BBC News, 22nd January 2013

Source: www.bbc.co.uk

CPS launches crackdown on middle-class tax evaders – The Independent

Posted January 22nd, 2013 in Crown Prosecution Service, fraud, news, prosecutions, tax evasion by sally

“Thousands of tax cheats – including those with no previous criminal convictions – face being prosecuted and jailed as part of a crack-down on evasion to be launched by the Crown Prosecution Service (CPS).”

Full story

The Independent, 22nd January 2012

Source: www.independent.co.uk

Barristers fear QASA boycott will lead to loss of right to practise – Legal Futures

Posted January 22nd, 2013 in barristers, judiciary, news, quality assurance by sally

“Some barristers are worried that boycotting the Quality Assurance Scheme for Advocates (QASA) will lead to their committing a criminal offence by practising without authorisation, the chairman of the Criminal Bar Association (CBA) has revealed.”

Full story

Legal Futures, 22nd January 2013

Source: www.legalfutures.co.uk