Defence lawyers exploit the weakness of sex abuse victims, says police chief Sir Peter Fahy – The Independent

Posted March 12th, 2013 in cross-examination, news, sexual offences, victims, witnesses by sally

“One of Britain’s most senior police officers has accused defence lawyers of ‘exploiting’ the weakness of sex abuse victims making prosecutors reluctant to bring cases to court.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

Disclosure of ill-treatment allegations would breach nurse’s human rights, rules High Court – UK Human Rights Blog

Posted March 12th, 2013 in disclosure, human rights, judicial review, news, nurses, proportionality, vetting by sally

“This was an application for judicial review, and a claim under the Human Rights Act 1998, in respect of the defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate dated 12th October 2012.”

Full story

UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted March 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Christou & Anor v London Borough of Haringey [2013] EWCA Civ 178 (12 March 2013)

High Court (Queen’s Bench Division)

AJ Building and Plastering Ltd v Turner & Ors [2013] EWHC 484 (QB) (11 March 2013)

High Court (Chancery Division)

Schrader v Schrader [2013] EWHC 466 (Ch) (11 March 2013)

Kloosman v Aylen & Ors [2013] EWHC 435 (Ch) (08 March 2013)

High Court (Administrative Court)

Z, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 498 (Admin) (12 March 2013)

High Court (Patents Court)

Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor [2013] EWHC 407 (Pat) (14 February 2013)

Source: www.bailii.org

Philippe Sands quits Lib Dems in protest at support for secret courts – The Guardian

Posted March 12th, 2013 in bills, closed material, news, political parties, private hearings by sally

“The prominent international lawyer Prof Philippe Sands QC has resigned from the Liberal Democrats in protest at the leadership’s support for expanding the use of secret courts.”

Full story

The Guardian, 11th March 2013

Source: www.guardian.co.uk

Related link: I’m leaving the Liberal Democrats too

Let’s rip up the Human Rights Act – Hardwicke Chambers

Posted March 12th, 2013 in human rights, legislation, news, repeals by sally

“UK justice secretary Chris Grayling’s call for the repeal of the Human Rights Act 1998 has led to claims that he is betraying British values, and damaging Britain’s reputation abroad. But it is time for a grown-up debate about what, exactly, this piece of legislation has done to enhance our civil liberties and fundamental freedoms.”

Full story

Hardwick Chambers, 11th March 2013

Source: www.hardwicke.co.uk

Jackson and the occupational hazards of commoditised litigation: a practical view from the Bar – Littleton Chambers

Posted March 12th, 2013 in costs, insurance, news, trials, witnesses by sally

“In his monthly column, James Bickford Smith considers two judgments that illustrate the hazards of the commoditised litigation that will be transformed, for better or worse, by the Jackson  reforms.”

Full story (PDF)

Littleton Chambers, 6th March 2013

Source: www.littletonchambers.com

Baby P social workers lose court appeal against sacking – BBC News

Posted March 12th, 2013 in appeals, news, social services, unfair dismissal by sally

“Two of Baby P’s social workers have lost their appeal against a tribunal ruling that found they were fairly sacked by Haringey Council.”

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BBC News, 12th March 2013

Source: www.bbc.co.uk

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police – WLR Daily

Posted March 12th, 2013 in appeals, costs, law reports, police, sport by sally

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police [2013] EWCA Civ 115; [2013] WLR (D) 95

“The provision of public order policing and crowd control, both before and after football matches, on land not owned, possessed or controlled by a football club did not constitute ‘special police services’ within the meaning of section 25(1) of the Police Act 1996, and therefore the police were not entitled to charge the football club for the cost of doing so.”

WLR Daily, 7th March 2013

Source: www.iclr.co.uk

Daejan Investments Ltd v Benson and others – WLR Daily

Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] WLR (D) 94

“Where a landlord’s failure to consult fully with tenants before carrying out major repairs to a block of flats would preclude recovery from the tenants of the full cost of the works unless a leasehold valuation tribunal granted a dispensation under section 20ZA(1) of the Landlord and Tenant Act 1985 from the relevant consultation requirement, dispensation was not to be refused as a punitive measure solely because a landlord had breached the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations (SI 2003/1987)) but rather the tribunal could grant the dispensation on terms which reflected the actual prejudice which the tenants had suffered.”

WLR Daily, 6th March 2013

Source: www.iclr.co.uk

Westfields Construction Ltd v Lewis – WLR Daily

Posted March 12th, 2013 in construction industry, contracts, jurisdiction, law reports by sally

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93

“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

How mediation takes the sting out of divorce – The Guardian

Posted March 12th, 2013 in arbitration, divorce, news by sally

“From next month, divorce may get a little less confrontational – and cheaper. Changes to legal aid mean couples who split won’t be funded through the courts, but that could be a good thing, argues mediator Victoria Scott.”

Full story

The Guardian, 9th March 2013

Source: www.guardian.co.uk

Sexual relationships in undercover policing – Halsbury’s Law Exchange

Posted March 12th, 2013 in investigatory powers, news, police, reports, select committees by sally

“Like most people who are commenting in the ether at the moment, I find disturbing one of the two principal threads of the story about undercover policing which are in the news: the forging by one or more undercover officers of sexual relationships with people in the protest groups they had infiltrated. Have a look at this report on the BBC website, for a flavour of the coverage it is receiving, and a call for tighter controls to prevent such activity in the future. And then look at the Home Affairs Select Committee interim report.”

Full story

Halsbury’s Law Exchange, 11th March 2013

Source: www.halsburyslawexchange.co.uk

Reform agenda to create “two-tier Bar”, with bulk of chambers to suffer – Legal Futures

Posted March 12th, 2013 in barristers, fees, legal aid, legal profession, news by sally

“Legal aid cuts, the Jackson reforms and the introduction of competitive tendering for criminal law work will split the Bar into a two-tier profession, with mid-sized generalist chambers set to suffer, a specialist Bar consultant has predicted.”

Full story

Legal Futures, 12th March 2013

Source: www.legalfutures.co.uk

‘Violent’ son faces £110,000 legal bill after court battle over will – Daily Telegraph

Posted March 12th, 2013 in costs, families, harassment, news, wills by sally

“A ‘violent’ man who coerced his mother into changing her will to leave him nearly all of her £350,000 fortune is facing a £110,000 legal bill after a judge set aside the will because of his ‘forceful’ nature.”

Full story

Daily Telegraph, 12th March 2013

Source: www.telegraph.co.uk

Supreme Court: diversity, equality and flexibility – Halsbury’s Law Exchange

Posted March 12th, 2013 in diversity, news, solicitors, Supreme Court, women by sally

“In 2009, when asked by the then Lord Chancellor to look at judicial diversity, Baroness Neuberger said:

‘Judges drawn from a wide range of backgrounds and life experiences will bring varying perspectives to bear on critical legal issues. A judiciary which is more visibly reflective of society will enhance public confidence.'”

Full story

Halsbury’s Law Exchange, 11th March 2013

Source: www.halsburyslawexchange.co.uk

Decision on hold after Home Secretary’s appeal against ruling that blocked Abu Qatada deportation – The Independent

Posted March 12th, 2013 in appeals, bail, deportation, evidence, news, terrorism, torture by sally

“The Government’s seemingly endless battle to deport the radical cleric Abu Qatada went back before the courts today.”

Full story

The Independent, 11th March 2013

Source: www.independent.co.uk

Huhne and Pryce: what is the normal sentence for their crime? – The Guardian

“The eight month prison sentences imposed on Chris Huhne and Vicky Pryce are well within the normal range for such offences but slightly longer than many had expected.”

Full story

The Guardian, 11th March 2013

Source: www.guardian.co.uk

Jimmy Savile: Police failed to join the dots, HMIC report concludes – Daily Telegraph

Posted March 12th, 2013 in child abuse, complaints, news, police, reports, sexual offences, victims by sally

“Police buried sex abuse allegations against Jimmy Savile in files marked ‘restricted’ and ‘sensitive’ because of his celebrity status, a damning report has revealed.”

Full story

Daily Telegraph, 12th March 2013

Source: www.telegraph.co.uk

Related link: “Mistakes were made.” HMIC’s review into allegations and intelligence material concerning Jimmy Savile between 1964 and 2012 (PDF)

Former trader jailed for four years for insider dealing – The Independent

Posted March 12th, 2013 in insider dealing, news, sentencing by sally

“A former futures trader was yesterday sentenced to four years jail after being found guilty of insider dealing.”

Full story

The Independent, 12th March 2013

Source: www.independent.co.uk

Chris Huhne and Vicky Pryce each jailed for eight months – The Guardian

“Chris Huhne and his ex-wife, Vicky Pryce, have each been jailed for eight months for perverting the course of justice over an arrangement 10 years ago in which Pryce took speeding points for the former Liberal Democrat MP.”

Full story

The Guardian, 11th March 2013

Source: www.guardian.co.uk