Tomorrow’s Lawyers: a virtual judiciary – extract – The Guardian
“Is court a service or a place? And what is the scope for the ‘decomposing and multi-sourcing’ of judicial work?”
The Guardian, 29th January 2013
Source: www.guardian.co.uk
RSPCA told in letter to review its prosecution policies by Charity Commission – Daily Telegraph
“The RSPCA, Britain’s biggest animal welfare charity, has been officially asked to review its prosecution policies by the charities regulator after it spent hundreds of thousands of pounds bringing a prosecution against David Cameron’s local hunt.”
Daily Telegraph, 28th January 2013
Source: www.telegraph.co.uk
Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian
“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”
The Guardian, 28th January 2013
Source: www.guardian.co.uk
Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent
“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”
The Independent, 28th January 2013
Source: www.independent.co.uk
Mark Duggan inquest could be shown live over the internet – The Guardian
“Judicial officials are considering plans to stream the inquest into the police shooting of Mark Duggan live over the internet.”
The Guardian, 28th January 2013
Source: www.guardian.co.uk
Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers
“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”
Fulcrum Chambers, January 2013
Source: www.fulcrumchambers.com
Baby P Sun libel case: social worker could recover legal costs – The Guardian
“A social worker involved in the Baby P scandal who was facing a £300,000 shortfall in her legal bill following a successful libel action against the Sun has been told she now has a chance of recovering her costs following a landmark court of appeal judgment.”
The Guardian, 28th January 2013
Source: www.guardian.co.uk
Public rights in private homes: Deprivations of liberty in private care homes – Hardwicke Chambers
On 11 December 2012 Mr Justice Mostyn in the Court of Protection handed down judgment in a case he described as ‘a sad story’.
Hardwicke Chambers, 23rd January 2013
Source: www.hardwicke.co.uk
Ordinary residence and local authority and NHS services – Hardwicke Chambers
“There are two questions about residence:
1. Ordinary residence: Which public body is responsible for providing services?
2. Right of residence: Does the person’s residence and status in the UK give them a legal right to access public services?”
Hardwicke Chambers, 24th January 2013
Source: www.hardwicke.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
West London Mental Health NHS Trust v Chhabra [2013] EWCA Civ 11 (25 January 2013)
Henry v News Group Newspapers Ltd [2013] EWCA Civ 19 (28 January 2013)
High Court (Administrative Court)
Saleh v Secretary of State for the Home Department [2013] EWHC 61 (Admin) (25 January 2013)
TWS, R (on the application of) v Manchester City Council [2013] EWHC 55 (Admin) (25 January 2013)
High Court (Chancery Division)
RVB Investments Ltd v Bibby [2013] EWHC 65 (Ch) (25 January 2013)
SAS Institute Inc v World Programming Ltd [2013] EWHC 69 (Ch) (25 January 2013)
High Court (Queen’s Bench Division)
Ambrosiadou v Coward [2013] EWHC 58 (QB) (25 January 2013)
Wall v Mutuelle De Poitiers Assurances [2013] EWHC 53 (QB) (25 January 2013)
High Court (Family Division)
Cambra v Jones & Ors [2013] EWHC 88 (Fam) (25 January 2013)
BP v KP and NI (Financial Remedy Proceedings: Res Judicata) [2012] EWHC 2995 (Fam) (26 October 2012)
High Court (Commercial Court)
Navig8 PTE Limited v Al -Riyadh Co [2012] EWHC 3925 (Comm) (17 December 2012)
Source: www.bailii.org
Positive obligations to provide access to information under the European Convention on Human Rights – 11 KBW
“In this article, we seek to identify how, when and why the courts have developed positive obligations under the European Convention on Human Rights (‘ECHR’ or ‘the Convention’) for the State to provide access to information. We propose to identify four distinct categories of information, and argue that the courts have taken a different approach in relation to each one. We will then consider why the courts have adopted these divergent approaches.”
Full story (PDF)
11 KBW, 28th January 2013
Source: www.11kbw.com
Criminals could avoid court under new ‘proportionality’ test – Daily Telegraph
“More criminals will be let off without going to court as prosecutors assess whether the cost of any trial would be worth it under the biggest shake-up of the rules for 20 years.”
Daily Telegraph, 28th January 2013
Source: www.telegraph.com
Gift vouchers ~ Can consumer protection be tightened? – 11 Stone Buildings
“The selling of gift vouchers by distressed retailers such as Comet, Jessops and HMV, in the run up to going into administration has been the subject of much adverse comment in the media in recent weeks. Consumers always seem to be pulling the short straw. Why is this and can anything be done to protect their position better?”
11 Stone Buildings, January 2013
Source: www.11sb.com
Family Justice Board action plan – Ministry of Justice
“This plan sets out the actions the Board and its partners will take to achieve the Government’s vision of a family justice system that supports the delivery of the best possible outcomes for all children who come into contact with it.”
Action Plan to Improve the Performance of the Family Justice System (PDF)
Ministry of Justice, 24th January 2013
Source: www.justice.gov.uk
Court of Appeal overturns Senior Costs Judge and allows recovery of £300,000 budget overspend – Litigation Futures
“A social worker involved in the Baby P case can recover £300,000 in costs from a successful libel claim against The Sun after the Court of Appeal ruled that she had good reason to depart from the court-approved costs budget, the Court of Appeal has ruled.”
Litigation Futures, 28th January 2013
Source: www.litigationfutures.com
Sir Leigh Lewis KCB – Prospects for a British Bill of Rights – UCL Constitution Unit
“The Commission on a Bill of Rights was established in March 2011 and mandated to investigate the creation of a UK Bill of Rights which draws upon current ECHR obligations. On 18 December 2012, the Commission published its report. Seven of the nine committee members advocated the creation of a UK Bill of Rights, while the two dissenting members have voiced concerns that a Bill could be used as a means of decoupling the UK from the ECHR. The Commission’s Chair, Sir Leigh Lewis KCB, will discuss the report’s findings and likely impact.”
UCL Constitution Unit, 26th January 2013
Source: www.ucl.ac.uk/constitution-unit
Why government reforms on employment law make little sense – Law Society’s Gazette
“There were some statistics that private equity pioneer Adrian Beecroft did not include in his highly controversial report on employment law published last year. The number of claims brought by employees in employment tribunals fell from 236,000 in 2009-10 to 186,000 in 2011-12. The number of claims for both sex and age discrimination has almost halved. And the median award for most types of claim remains low, at around £5,000 (two months’ average pay). Given that these figures relate to a period of acute economic turbulence, they are counterintuitive.”
Law Society’s Gazette, 28th January 2013
Source: www.lawgazette.co.uk
Snelling and another v Burstow Parish Council – WLR Daily
Snelling and another v Burstow Parish Council [2013] EWHC 46 (Ch); [2013] WLR (D) 27
Garden allotments which came under the management of the parish council by virtue of section 33(4) of the Small Holdings and Allotments Act 1908 were intended to be governed exclusively by the powers set out in section 26 and onwards of that Act. Accordingly, the parish council’s power to sell the allotments was the power conferred by section 32 of the 1908 Act, subject to obtaining the consent of the Secretary of State for Communities and Local Government pursuant to section 8 of the Allotments Act 1925, and not the power under section 27 of the Commons Act 1876.
WLR Daily, 24th January 2013
Source: www.iclr.co.uk
