Uprichard (Appellant) v Scottish Ministers and another – Supreme Court

Posted April 25th, 2013 in environmental protection, law reports, planning, Scotland, Supreme Court by sally

Uprichard (Appellant) v Scottish Ministers and another [2013] UKSC 21 | UKSC 2012/0034 (YouTube)

Supreme Court, 24th April 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted April 25th, 2013 in law reports by sally

Supreme Court

Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 (24 April 2013)

Uprichard v Scottish Ministers & Anor (Scotland) [2013] UKSC 21 (24 April 2013)

Barts and the London NHS Trust v Verma [2013] UKSC 20 (24 April 2013)

Court of Appeal (Criminal Court)

Foye v R. [2013] EWCA Crim 475 (24 April 2013)

JFJ, R. v [2013] EWCA Crim 569 (24 April 2013)

High Court (Queen’s Bench Division)

Cosco Container Lines Company Ltd v Batchford (t/a County Contractors) & Anor [2013] EWHC 840 (QB) (24 April 2013)

High Court (Administrative Court)

Bracking & Ors, R (on the application of) v Secretary of State for Work and Pensions & Anor [2013] EWHC 897 (Admin) (24 April 2013)

F, R (on the application of) v The Director of Public Prosecutions & Anor [2013] EWHC 945 (Admin) (24 April 2013)

MV, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1017 (Admin) (24 April 2013)

Treagus, R (on the application of) v Suffolk County Council & Anor [2013] EWHC 950 (Admin) (24 April 2013)

Source: www.bailii.org

Important guidance on criminal confiscation: R v Mahmood – Halsbury’s Law Exchange

Posted April 25th, 2013 in appeals, confiscation, criminal procedure, news, proceeds of crime by sally

“The recent Court of Appeal judgment in R v Mahmood [2013] EWCA 325 provides important guidance on several important issues which often arise in criminal confiscation proceedings before the Crown Court.”

Full story

Halsbury’s Law Exchange, 24th April 2013

Source: www.halsburyslawexchange.co.uk

Revealed: Grayling’s plan to drive a wedge between bar and solicitors – Law Society’s Gazette

“Justice secretary Chris Grayling has sought to drive a wedge between solicitors and barristers over the drastic plans to cut criminal legal aid and restructure the market, the Gazette has learned.”

Full story

Law Society’s Gazette, 25th April 2013

Source: www.lawgazette.co.uk

Sex consent could still lead to rape charge, judges say – BBC News

Posted April 25th, 2013 in assault, consent, news, prosecutions, rape by sally

“A woman who agreed to sex might still be the victim of rape, the High Court has ruled.”

Full story

BBC News, 24th April 2013

Source: www.bbc.co.uk

Isn’t it time to abolish most women’s prisons? – Daily Telegraph

Posted April 25th, 2013 in drug abuse, news, prisons, victims, women by sally

“A parliamentary campaign launched today from Soroptimist and the Prison Reform Trust, suggests women and their families are disproportionately affected by a jail term. Ahead of Vicky Pryce’s expected release next month, Cathy Newman appraises the effectiveness of female imprisonement in the UK and considers the alternatives.”

Full story

Daily Telegraph, 25th April 2013

Source: www.telegraph.co.uk

Class A drugs policy failing, say prison governors – BBC News

Posted April 25th, 2013 in crime, drug abuse, drug offences, news, prisons by sally

“Current policy on illegal drugs creates victims of crime and more prisoners at a cost to taxpayers, the Prison Governors Association (PGA) has argued.”

Full story

BBC News, 25th April 2013

Source: www.bbc.co.uk

Police back change in law to treat 17-year-olds in custody as juveniles – The Guardian

Posted April 25th, 2013 in news, parental rights, police, young offenders, young persons by sally

“Senior police officers are backing a change to the law so that 17-year-olds are treated as juveniles in custody and their parents are informed if they are arrested.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk

Supreme Court find A1P1 breach in retrospective legislation – UK Human Rights Blog

“When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World War, but one element of the latest attempt by the Scottish Parliament to redress the balance in favour of tenants has just been declared incompatible with Article 1 of the 1st Protocol (A1P1) as offending landlords’ rights to property. The Supreme Court has so ruled, upholding the Second Division of the Court of Session’s ruling in March 2012.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

McNally: ‘Access to justice’ doesn’t mean access to a lawyer – LegalVoice

Posted April 24th, 2013 in budgets, competition, human rights, legal aid, litigants in person, news by sally

“It was time to ‘move on’ from the ‘bruising’ LASPO debate, the Lord McNally said yesterday. The legal aid minister told delegates at an event organised by the Westminster Legal Policy Forum that this month’s cuts would save £180m per annum alone. ‘Yet on the criminal side, we’re still spending £1 billion every year. A significant proportion of this spending is swallowed up by a few very high cost cases,’ the legal aid minister added.”

Full story

LegalVoice, 24th April 2013

Source: www.legalvoice.org.uk

How can the courts manage the Facebook phenomenon? – UK Human Rights Blog

Posted April 24th, 2013 in children, damages, human rights, injunctions, internet, news by sally

“In this somewhat chaotic action, the Plaintiff sued ten defendants, in anonymised form by her father and next friend.”

Full story

UK Human Rights Blog, 24th April 2013

Source: www.ukhumanrightsblog.com

Can Britain withdraw from the European human rights convention? – The Guardian

Posted April 24th, 2013 in human rights, news, terrorism, torture, treaties by sally

“It is theoretically possible to withdraw temporarily from the European convention on human rights particularly over matters involving terrorism.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk

A Behaviour-based Approach to Sentencing for Sexual Offences – Criminal Law and Justice Weekly

Posted April 24th, 2013 in news, rape, sentencing, sexual offences by sally

“The Sentencing Council’s consultation paper on sexual offences sets out its intentions and the principles surrounding the way in which such offences ought to be approached by the courts. Although a new guideline is welcomed, it is disappointing that the consultation paper and the draft guideline continue in the same or a similar vein to the guidelines issued by the Sentencing Council and the Sentencing Guidelines Council in the past; they adopt a mechanistic approach which is restrictive and fails to appreciate the often complex nature of sexual offences.”

Full story

Criminal Law and Justice Weekly, 13th April 2013

Source: www.criminallawandjustice.co.uk

Keir Starmer to stand down as director of public prosecutions – The Guardian

Posted April 24th, 2013 in Crown Prosecution Service, legal profession, news by sally

“The director of public prosecutions, Keir Starmer QC, is to stand down after five years in the high-pressure legal post.”

Full story

The Guardian, 24th April 2013

Source: www.guardian.co.uk

The Future of Legal Aid – Why we Need to Act Now – Garden Court Chambers Blog

Posted April 24th, 2013 in budgets, legal aid, legal representation, news by sally

“Connor Johnston, co-chair of the Young Legal Aid Lawyers, discusses the latest threats to legal aid.”

Full story

Garden Court Chambers Blog, 24th April 2013

Source: www.gclaw.wordpress.com

Command Papers – official-documents.gov.uk

Posted April 24th, 2013 in parliamentary papers by sally

Fee remissions for the courts and tribunals, Cm 8608 (PDF)

Automatic transfers: consolidating pension savings, Cm 8605 (PDF)

Scotland analysis: Currency and monetary policy, Cm 8594 (PDF)

Source: www.official-documents.gov.uk

Five disabled people lose challenge over scrapped scheme that gave them independence – The Independent

Posted April 24th, 2013 in benefits, budgets, consultations, disabled persons, judicial review, news by sally

“Five disabled people have lost their High Court challenge over the Government’s decision to abolish a scheme that helps them live independently.”

Full story

The Independent, 24th April 2013

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 24th, 2013 in law reports by sally

Court of Appeal (Civil Division)

BMA Special Opportunity Hub Fund Ltd & Ors v African Minerals Finance Ltd [2013] EWCA Civ 416 (23 April 2013)

Eco 3 Capital Ltd & Ors v Ludsin Overseas Ltd [2013] EWCA Civ 413 (23 April 2013)

High Court (Queen’s Bench Division)

Bateson & Anor v Savills Private Finance Ltd [2013] EWHC 719 (QB) (09 April 2013)

Solihull Metropolitan Borough Council v Burton & Ors [2013] EWHC 971 (QB) (26 March 2013)

High Court (Administrative Court)

Chuah v Nursing and Midwifery Council [2013] EWHC 894 (Admin) (23 April 2013)

Catt, R (on the application of) v Brighton & Hove City Council [2013] EWHC 977 (Admin) (23 April 2013)

Iqbal v Wandsworth County Council [2013] EWHC 875 (Admin) (23 April 2013)

Ewing v London Borough of Camden [2013] EWHC 961 (Admin) (22 April 2013)

Creed -Miles, R (on the application of) v Tower Bridge Yacht and Boat Co Ltd [2013] EWHC 853 (Admin) (17 April 2013)

Patel v Government of India & Anor [2013] EWHC 819 (Admin) (18 April 2013)

Barons Pub Company Ltd, R (on the application of) v Staines Magistrates’ Court [2013] EWHC 898 (Admin) (18 April 2013)

Zhang, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 891 (Admin) (18 April 2013)

High Court (Chancery Division)

Singh & Anor v Sanghera & Ors [2013] EWHC 956 (Ch) (22 April 2013)

High Court (Family Division)

MO v Ro & Anor [2013] EWHC 392 (Fam) (01 March 2013)

Devon County Council v EB & Ors (Minors) [2013] EWHC 968 (Fam) (22 February 2013)

High Court (Technology and Construction Court)

Morris Homes (West Midlands) Ltd v Keay & Anor [2013] EWHC 932 (TCC) (18 April 2013)

RWE Npower Renewables Ltd v J N Bentley Ltd [2013] EWHC 978 (TCC) (22 April 2013)

MT Højgaard A/S v E.On Climate & Renewables UK Robin Rigg East Ltd & Ors [2013] EWHC 967 (TCC) (23 April 2013)

Source: www.bailii.org

Implementing a new framework for legal aid – Ministry of Justice

Posted April 24th, 2013 in advocacy, budgets, competition, legal aid, news by sally

“The Government wants to reduce unnecessary costs and make sure that legal aid helps those who need it the most.”

Full story

Ministry of Justice, 23rd April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

HSBC Bank plc v Tambrook Jersey Ltd – WLR Daily

HSBC Bank plc v Tambrook Jersey Ltd [2013] EWHC 866 (Ch); [2013] WLR (D) 146

“The English court could not “assist” a foreign insolvency court for the purposes of section 426(4) of the Insolvency Act 1986 where there were no existing insolvency proceedings in the foreign jurisdiction or any intention to commence such proceedings.”

WLR Daily, 12th April 2013

Source: www.iclr.co.uk