Fire, flood and tempest… – Hardwicke Chambers
“Arthur Moore considers the liability of landlords in instances of fire damage.”
Hardwicke Chambers, 11th October 2012
Source: www.hardwicke.co.uk
Children, Seatbelts and Parental Duties: strap up or pay up? – Zenith Chambers
“It has long been accepted that a failure to wear a seatbelt will affect proportion of damages that a Claimant can receive for an accident, if that failure caused or contributed to his injury. This new case from April 2012 applies the same reasoning to the use of child seats and the apportionment of liability.”
Full story (PDF)
Zenith Chambers, 22nd October 2012
Source: www.zenithchambers.co.uk
Crown Court means testing of criminal legal aid – Ministry of Justice
“The proposals set out in this consultation paper seek to improve the effectiveness of the Crown Court means testing scheme of criminal legal aid.”
Ministry of Justice, 30th October 2012
Source: www.justice.gov.uk
Bamford v Harvey and another – WLR Daily
Bamford v Harvey and another [2012] EWHC 2858 (Ch); [2012] WLR (D) 298
“‘Wrongdoer control’ of a company was not an absolute preclusive condition for the bringing of a derivative claim. However. where proceedings clearly could have been brought in the name of the company and no objection was raised on that ground, they should be so brought.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
A v A – WLR Daily
A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297
“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”
WLR Daily, 26th October 2012
Source: www.iclr.co.uk
Prest v Prest and others – WLR Daily
Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296
“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”
WLR Daily, 26th October 2012
Source: www.iclr.co.uk
Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily
“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”
WLR Daily, 25th October 2012
Source: www.iclr.co.uk
Abdulla and others v Birmingham City Council – WLR Daily
Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294
“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”
WLR Daily, 24th October 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012
The Play Sufficiency Assessment (Wales) Regulations 2012
The General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012
The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012
Source: www.legislation.gov.uk
Inquests – Garden Court Chambers Blog
“Deirdre Malone on an inquest into the tragic deaths of family members killed in a house fire, and the lessons to be learned.”
Garden Court Chambers Blog, 30th October 2012
Source: www.gclaw.wordpress.com
Legal aid cheats targeted by Ministry of Justice – BBC News
“Criminals who collectively owe millions of pounds in legal aid could have their assets seized under government plans.”
BBC News, 30th October 2012
Source: www.bbc.co.uk
Hillsborough shows why we need a permanent truth commission – The Guardian
“There’s an urgent need for independent oversight of incidents of malpractice – and the Hillsborough panel could provide a model.”
The Guardian, 29th October 2012
Source: www.guardian.co.uk
Lawyers braced for post-recession surge in divorces – Daily Telegraph
“Lawyers are preparing for a possible surge in the divorce rate as the economy moves out of recession.”
Daily Telegraph, 30th October 2012
Source: www.telegraph.co.uk
High Court calls for joined-up thinking on disclosure of sex offender information – UK Human Rights Blog
“The High Court has made an important ruling about the disclosure of information under the Child Sex Offender Disclosure Scheme (CSOD).”
UK Human Rights Blog, 29th October 2012
Source: www.ukhumanrightsblog.com
Mental health sectioning error – BBC News
“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”
BBC News, 29th October 2012
Source: www.bbc.co.uk
Prisoner votes: Strasbourg should give way to national independence – The Guardian
“The constitutional crisis predicted for years by Professor Vernon Bogdanor is upon us. He warned that the human rights reforms of the 1990s created a potential conflict between the sovereignty of parliament and the rule of law. ‘What happens if there is a clash between the two principles?’ he asked in his Magna Carta lecture of 2006. A very senior judge to whom he had posed the conundrum had replied ‘That is a question that ought not to be asked.'”
The Guardian, 29th October 2012
Source: www.guardian.co.uk
Ryan Coleman-Farrow jailed for faking rape case records – BBC News
“A former Metropolitan Police detective constable who specialised in rape cases has been sentenced to 16 months in prison for faking police records.”
BBC News, 29th October 2012
Source: www.bbc.co.uk
More offenders to meet their victims under plan to expand restorative justice – Daily Telegraph
“More offenders will have to meet their victims and apologise before being sentenced under a rapid expansion of restorative justice unveiled on Tuesday.”
Daily Telegraph, 30th October 2012
Source: www.telegraph.co.uk
Child benefit cuts ‘may be illegal’ – Daily Telegraph
“Cutting child benefit for middle-class parents breaks European laws by discriminating against Britons and is open to legal challenge, ministers have been told.”
Daily Telegraph, 29th October 2012
Source: www.telegraph.co.uk
