In re MF Global UK Ltd (in special administration) Heis and others v Attestor Value Master Fund LP and another – WLR Daily

Posted January 31st, 2013 in administration orders, financial regulation, insolvency, law reports by sally

In re MF Global UK Ltd (in special administration); Heis and others v Attestor Value Master Fund LP and another [2013] EWHC 92 (Ch); [2013] WLR (D) 30

“The hindsight principle was not applicable to the determination of claims to client money for the purposes of a distribution under Chapter 7A of the Client Assets Sourcebook (‘CASS 7A’) issued by the Financial Services Authority in accordance with its powers under Part X of the Financial Services and Markets Act 2000.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

B (Algeria) v Secretary of State for the Home Department – WLR Daily

Posted January 31st, 2013 in contempt of court, law reports, news, sentencing, Supreme Court by sally

B (Algeria) v Secretary of State for the Home Department [2013] UKSC 4; [2013] WLR (D) 29

“Where a person held by a civil court or tribunal to be in contempt of court appealed against a sentence of imprisonment imposed for the contempt and the Court of Appeal (Civil Division) found that the lower court’s factual findings had been flawed but that nevertheless, on the basis of the true facts, there had still been contempt requiring imprisonment, it could decide for itself what the appropriate sentence should be by asking whether the lower court’s sentence had been manifestly excessive, provided that the lower court’s decision had not been influenced by its flawed findings of fact.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Radu (Case C-396/11) – WLR Daily

Posted January 31st, 2013 in EC law, extradition, law reports, trials, warrants by sally

Radu (Case C-396/11); [2013] WLR (D) 28

“According to the provisions of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009, the executing judicial authorities of a member state could not avoid their duty pursuant to article 1(2) of the Framework Decision to execute a European arrest warrant issued for the purposes of conducting a criminal prosecution, on the ground that the requested person had not been heard in the issuing member state before that arrest warrant was issued.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Butler-Sloss condemns advice cuts – Law Society’s Gazette

Posted January 31st, 2013 in judges, law centres, legal aid, litigants in person, news by sally

“Removing funding for a service that helps litigants in person on the day wide-ranging legal aid cuts take effect will create ‘absolute disarray’ in the courts, a former head of the family division has warned.”

Full story

Law Society’s Gazette, 30th January 2013

Source: www.lawgazette.co.uk

Justice and Security Bill: no balance, no public interest – UK Human Rights Blog

Posted January 31st, 2013 in bills, closed material, news, public interest, select committees by sally

“The government’s Justice and Security Bill has this week entered a new phase of debate in the House of Commons as it is considered in detail by a 19-member Public Bill Committee over the next month. The critics of this Bill – and there are many – argue that it will make ‘secret justice’ a standard part of our legal process. The latest set of amendments proposed by the government were revealed yesterday and within them lies a crucial and unjustifiable secrecy provision. The significance of the amendments becomes apparent when one looks at how the Bill has progressed so far.”

Full story

UK Human Rights Blog, 30th Janaury 2013

Source: www.ukhumanrightsblog.com

Lord chief justice: changes to judiciary ‘eroding something important’ – The Guardian

Posted January 31st, 2013 in constitutional reform, judges, judiciary, ministers' powers and duties, news by sally

“Constitutional reforms that have taken effect over the past seven years ‘may be eroding something rather important’, the lord chief justice of England and Wales told peers on Wednesday.”

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The Guardian, 30th January 2013

Source: www.guardian.co.uk

Bar Council and Law Society at loggerheads as standard terms of contract come into force – Legal Futures

Posted January 31st, 2013 in barristers, contract of employment, legal profession, news, solicitors by sally

“Barristers could end up uninsured and in financial hardship if they agree to variations of their new standard terms of contract recommended by the Law Society, the Bar Council has warned.”

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Legal Futures, 31st January 2013

Source: www.legalfutures.co.uk

What is a false allegation of rape? – OUPblog

Posted January 31st, 2013 in evidence, news, rape by sally

“What is a false allegation of rape? At first, this might appear to be a daft question. Reflecting the general tendency to think of the truth or otherwise of allegations in reductive terms of being either true or false, the meaning of “false allegation” is commonly taken to be self-evident. A false allegation of rape is an allegation that is false; the rape alleged did not, in fact, occur. In the abstract, this seems a perfectly logical and sensible approach.”

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OUPblog, 31st January 2013

Source: www.blog.oup.com

No anonymity for bankers involved in Libor scandal – UK Human Rights Blog

Posted January 31st, 2013 in anonymity, banking, interest, news, public interest, trials by sally

“The Commercial Court has resisted an application to anonymise those individuals at Barclays involved in the LIBOR scandal.”

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UK Human Rights Blog, 30th January 2013

Source: www.ukhumanrightsblog.com

EastEnders actor Gemma McCluskie’s brother jailed for her murder – The Guardian

Posted January 31st, 2013 in murder, news, sentencing by sally

“The brother of the former EastEnders actor Gemma McCluskie, whose mutilated remains were found in a London canal, has been jailed for life with a minimum term of 20 years after being convicted of her murder.”

Full story

The Guardian, 30th January 2013

Source: www.guardian.co.uk

Judge pays thief’s £1 debt to court out of his own pocket – Daily Telegraph

Posted January 31st, 2013 in compensation, judges, news, sentencing, theft, victims by sally

“A Judge has paid a thief’s £1 debt to the court out of his own pocket because he does not agree with the rules.”

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Daily Telegraph, 31st January 2013

Source: www.telegraph.co.uk

Deaths of prisoners in British custody in Iraq to be re-investigated, court told – The Guardian

Posted January 31st, 2013 in armed forces, death in custody, inquiries, Iraq, news, torture by sally

“Fresh investigations have been ordered into the deaths of several prisoners who died in suspicious circumstances while under British military custody in Iraq, the high court has been told.”

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The Guardian, 30th January 2013

Source: www.guardian.co.uk

Three notorious Court of Protection hearings – The Independent

Posted January 31st, 2013 in abortion, Court of Protection, freedom of movement, homosexuality, news by sally

“After doctors today told the High Court that an Iranian immigrant on hunger strike must be force fed because a ‘delusional disorder’ renders him incapable of a decision on starvation, we look back at three other notorious Court of Protection hearings.”

Full story

The Independent, 30th January 2013

Source: www.independent.co.uk

Robert Francis QC: the man behind the NHS Mid Staffs report – The Guardian

Posted January 31st, 2013 in barristers, health, hospitals, inquiries, news, reports by sally

“If some of the array of senior figures and organisations in the NHS are anxious about what the publication of the Mid Staffordshire scandal report might mean for their reputations, that is understandable. The mammoth public inquiry was chaired by Robert Francis QC, described by solicitors who hire him as ‘formidable’ and ‘forensically exceptional’. A barrister specialising in the NHS and medical negligence, he is highly skilled at getting to the truth and quietly scathing when he feels censure is due.”

Full story

The Guardian, 30th January 2013

Source: www.guardian.co.uk

Isle of Wight £90m cocaine yacht trial: Two men jailed – BBC News

Posted January 30th, 2013 in confiscation, drug trafficking, news, sentencing by sally

“Two men caught in possession of £90m worth of cocaine on a yacht off the Isle of Wight have been jailed.”

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BBC News, 30th January 2013

Source: www.bbc.co.uk

Lord Judge ‘troubled’ by court camera plan – Law Society’s Gazette

Posted January 30th, 2013 in courts, judges, news, video recordings by sally

“The lord chief justice has voiced opposition to the government’s plan to allow the filming of sentencing in the Crown court.”

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Law Society’s Gazette, 30th January 2013

Source: www.lawgazette.co.uk

Bar Council welcomes BSB proposed changes to public access – The Bar Council

“The Bar Council, which represents barristers in England and Wales, has welcomed the Bar Standards Board’s (BSB) proposed changes to Public Access training, which look to ‘enhance the course content and introduce an element of formal assessment’ to ensure barristers have the requisite knowledge and skills to carry out public access work.”

Full story

The Bar Council, 29th January 2013

Source: www.barcouncil.org.uk

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

B (Algeria) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 4 | UKSC 2011/0186 (YouTube)

Supreme Court, 30th January 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted January 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Singh v Yaqubi [2013] EWCA Civ 23 (29 January 2013)

London Borough of Hackney v Sivanandan & Ors [2013] EWCA Civ 22 (29 January 2013)

Transport for London v O’Cathail [2013] EWCA Civ 21 (29 January 2013)

T, R (on the application of) v Chief Constable of Greater Manchester & Ors [2013] EWCA Civ 25 (29 January 2013)

Omnipharm Ltd v Merial [2013] EWCA Civ 10 (29 January 2013)

Grange v Quinn [2013] EWCA Civ 24 (29 January 2013)

High Court (Queen’s Bench Division)

Barnett & Ors v Nigel Hall Menswear Ltd [2013] EWHC 91 (QB) (29 January 2013)

High Court (Chancery Division)

Hotel Cipriani Srl & Ors v Fred 250 Ltd & Ors (Rev 1) [2013] EWHC 70 (Ch) (29 January 2013)

High Court (Administrative Court)

Telford and Wrekin Council v Secretary of State for Communities and Local Government [2013] EWHC 79 (Admin) (29 January 2013)

Source: www.bailii.org

Corporate manslaughter cases up by 40% in 2012 – OUT-LAW.com

Posted January 30th, 2013 in corporate manslaughter, negligence, news, prosecutions, statistics by sally

“The Crown Prosecution Service (CPS) began investigating 40% more corporate manslaughter cases in 2012 than it did the previous year according to figures obtained by Pinsent Masons, the law firm behind Out-Law.com.”

Full story

OUT-LAW.com, 30th January 2013

Source: www.out-law.com