Access Denied: Bar Council Welcomes LASPO Concessions as Report Calls for Further Reform – The Bar Council

Posted March 2nd, 2012 in barristers, legal aid, press releases by tracey

“As Peers prepare for the start of the Report Stage of the Legal Aid, Sentencing and Punishment of Offenders Bill next Monday, the Bar Council, which represents barristers in England and Wales, has welcomed the limited concessions announced yesterday, whilst calling on the Government to take heed of the overwhelming evidence and weight of opinion against many of its reforms.”

Full press release

Access Denied report

The Bar Council, 2nd March 2012

Source: www.barcouncil.org.uk

Bar regulator urges swift uptake of a new quality standard for advocacy – Bar Standards Board

Posted March 2nd, 2012 in advocacy, barristers, press releases, quality assurance by tracey

“The Bar Standards Board, the lead regulator for courtroom advocates in England and Wales, has called on fellow regulators to join with it in pressing ahead with an innovative scheme to maintain and improve standards of advocacy.”

Full press release

Bar Standards Board, 2nd March 2012

Source: www.barstandardsboard.org

Ryan Giggs loses damages claim against the Sun – BBC News

Posted March 2nd, 2012 in damages, injunctions, internet, media, news, privacy by tracey

“A damages claim by Manchester United and Wales footballer Ryan Giggs against the Sun newspaper has been thrown out by a High Court judge.”

Full story

BBC News, 2nd March 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 2nd, 2012 in law reports by tracey

Court of Appeal (Civil Division)

George Wimpey Manchester Ltd v Valley and Vale Properties Ltd & Ors [2012] EWCA Civ 233 (01 March 2012)

Thompson & Anor v Middleton [2012] EWCA Civ 231 (01 March 2012)

High Court (Chancery Division)

Adobe Systems Incorporated v Netcom Online.Co.UK Ltd & Anor [2012] EWHC 446 (Ch) (02 March 2012)

High Court (Queen’s Bench Division)

Joyce v West Bus Coach Services Ltd [2012] EWHC 404 (QB) (01 March 2012)

Source: www.bailii.org

Independent Trustee Services Ltd v Morris – WLR Daily

Posted March 2nd, 2012 in assets recovery, disclosure, financial provision, law reports, married persons by tracey

Independent Trustee Services Ltd v Morris: [2012] EWCA Civ 195;  [2012] WLR (D)  55

“The defence of bona fide purchaser for value without notice, at the time of receipt of moneys, to a tracing claim by a trustee for the recovery of misappropriated trust moneys was not available to the recipient thereof where a consent order made in ancillary relief proceedings pursuant to which the moneys had been paid had been rescinded, on the recipient’s application to renew the ancillary relief application because of non-disclosure of assets, by the time the defence was raised.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

Regina v S(C) – WLR Daily

Posted March 2nd, 2012 in child abduction, child abuse, law reports, necessity by tracey

Regina v S(C): [2012] EWCA Crim 389;  [2012] WLR (D)  54

“Where the purpose of a legislative scheme was to ensure that a child could be subject to the protection of the court, there would be no defence of necessity available in respect of the offence of removing a child from the jurisdiction of England and Wales.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening) – WLR Daily

Posted March 2nd, 2012 in client accounts, financial regulation, insolvency, law reports, trusts by tracey

Lehman Brothers International (Europe) (in Administration) v CRC Credit Fund Ltd and Others (Financial Services Authority intervening): [2012] UKSC 6: [2012] WLR (D)  53

“The ‘client money pool’ to be distributed among former clients of Lehman Brothers’ London affiliate was not limited to money which had been placed in segregated client accounts, as required by the Financial Services Authority, but extended to identifiable client money which the company had failed to segregate and had retained in its own house accounts. The pool was to be distributed rateably among all clients who had a contractual entitlement to have money segregated and not just those in whose favour segregation had actually occurred.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Regina (NM) v Islington Borough Council – WLR Daily

Posted March 2nd, 2012 in community care, judicial review, law reports, social services by tracey

Regina (NM) v Islington Borough Council: [2012] EWHC 414 (Admin);  [2012] WLR (D)  52

“When considering whether a duty of assessment of needs for community care services had arisen under section 47(1) of the National Health Service and Community Care Act 1990 the interpretation of the words ‘may be in need of any such services’ covered both cases of present need and a narrow penumbra of cases of reasonably predictable future need.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy – WLR daily

Posted March 2nd, 2012 in conflict of laws, debts, default judgments, enforcement, foreign jurisdictions, human rights, law reports by tracey

Merchant International Co Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz Ukrainy: [2012] EWCA Civ 196;  [2012] WLR (D)  51

“An English court was entitled to consider whether a foreign judgment obtained in a Convention state had contravened the Human Rights Convention where there was strong factual evidence to rebut the presumption that the procedures of other Convention states complied with article 6. Where a judgment in default had been obtained on a debt established in a foreign final judgment of a Convention state, on an application to set aside the default judgment on the basis of a later judgment of that Convention state given in flagrant breach of article 6, it was a proper exercise of the discretion under CPR r 13.3 to refuse to set aside the default judgment.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 2nd, 2012 in legislation by tracey

The Lincolnshire (Coroners’ Districts) Order 2012

The Occupational and Personal Pension Schemes (Levies – Amendment) Regulations 2012

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2012

The Police Authority (Amendment) Regulations 2012

The Police Act 1997 (Criminal Records) (Amendment) Regulations 2012

Her Majesty’s Chief Inspector of Education, Children’s Services and Skills (Fees and Frequency of Inspections) (Children’s Homes etc.) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted March 2nd, 2012 in parliamentary papers by tracey

Vienna Agreement establishing an International Classification of the Figurative Elements of Marks: Vienna, 12 June 1973 (as amended at Vienna, 1 October 1985), Cm 8308 (PDF)

Convention on cybercrime: Budapest, 23 November 2001, Cm 8309 (PDF)

Source: www.official-documents.gov.uk

Communicating with the Home Office in Family Proceedings – Judiciary of England and Wales

Posted March 2nd, 2012 in family courts, immigration, press releases by tracey

“The ‘Communicating with the Home Office in Family Proceedings’ protocol enables the family courts to communicate with the Home Office (UK Borders Agency and Identity and Passport Service) to obtain immigration, visa and passport information for family court proceedings.”

Full guidance

Judiciary of England and Wales, 1st March 2012

Source: www.judiciary.gov.uk

New Border Force begins work – Home Office

Posted March 2nd, 2012 in immigration, press releases by tracey

“From today the Border Force and the UK Border Agency will begin operating separately.”

Full press release

Home Office, 1st March 2012

Source: www.homeoffice.gov.uk

LSB welcomes the release of the Social Mobility Toolkit – Legal Services Board

Posted March 2nd, 2012 in diversity, legal profession, press releases by tracey

“The Legal Services Board (LSB) today welcomes the publication of the Social Mobility Toolkit, a resource aimed at creating a step-change in social mobility across the professions. The proposal for the publication emerged from an LSB- chaired group bringing representatives from the professions together to discuss the implications of the Milburn Report on Fair Access to the Professions for regulators and professional bodies as they seek to improve access for non-traditional candidates, as well as to ensure they become better represented at higher levels of industry.”

Full story

Legal Services Board, 2nd March 2012

Source: www.legalservicesboard.org.uk

 

‘Liquidity swaps’ beneficial in moderation, City regulator says – OUT-LAW.com

Posted March 2nd, 2012 in banking, financial regulation, insurance, news by tracey

“Insurers and banks can legitimately trade liquid and illiquid assets providing it is done on a ‘sensible scale,’ the City watchdog has said.”

Full story

OUT-LAW.com, 2nd March 2012

Source: www.out-law.com

Child Abduction within the United Kingdom – Association of Lawyers for Children

Posted March 2nd, 2012 in child abduction, news by tracey

“An analysis of the various provisions, the difficulties which are likely to be experienced by a litigant in person and, in the light of this, how the Legal Aid, Sentencing and Punishment of Offenders Bill might now best be amended.”

Full story

Association of Lawyers for Children, 27th February 2012

Source: www.alc.org.uk

Football match fixture list copyright claim rejected – BBC News

Posted March 2nd, 2012 in copyright, news, sport by tracey

“Football authorities in England and Scotland have had a court claim over football fixtures’ copyright rejected. European judges said compiling match fixture lists needed ‘significant’ work, but did not entail the creativity required for copyright protection.”

Full story

BBC News, 1st March 2012

Source: www.bbc.co.uk

Jail for 22 members of two north Wales drugs gangs – BBC News

Posted March 2nd, 2012 in drug trafficking, news, sentencing by tracey

“Twenty two people have been jailed for supplying thousands of pounds worth of drugs in north Wales.”

Full story

BBC news, 1st March 2012

Source: www.bbc.co.uk

Couple sue over neighbour’s noisy wooden floor – Daily Telegraph

Posted March 2nd, 2012 in news, noise, nuisance by tracey

“A couple yesterday launched legal action claiming their lives had been made hell by the clicking of heels on the hard floor of the £5m apartment above their West London flat.”

Full story

Daily Telegraph, 2nd March 2012

Source: www.telegraph.co.uk

Tinkering with the powers of the human rights court could be dangerous – The Guardian

Posted March 1st, 2012 in constitutional reform, courts, human rights, news by tracey

“How best to protect human rights across Europe? Governments will meet in Brighton next month to consider the future of the European court of human rights. The UK chairs the Council of Europe, and it has just published its proposals for reforming the court in a document called the Brighton Declaration.”

Full story

The Guardian, 1st March 2012

Source: www.guardian.co.uk