13/06/2013 – Current Awareness

Enhanced criminal records certificates – teachers on trial – Panopticon

Posted June 13th, 2013 in criminal records, human rights, news, sexual offences, teachers, vetting by sally

“The theory that there is no smoke without fire is one which often looms large where teachers are accused of sexual offences against pupils. Even in the face of a decision by the CPS that there is insufficient evidence to proceed with a prosecution or an acquittal following a criminal trial, a teacher who has been accused of sexual offences may find it hard to escape the tainting effects of the allegations. Of course, a critically important issue for the teacher in question is whether the allegations will ultimately find their way into any enhanced criminal record certificate (ECRC). This is an issue which has been considered by the High Court in two recent cases.”

Full story

Panopticon, 13th June 2013

Source: www.panopticonblog.com

Keeping knives off the streets – British justice style – Halsbury’s Law Exchange

Posted June 13th, 2013 in forfeiture, legislation, news, offensive weapons, threatening behaviour by sally

“Why don’t the courts have a specific power to order forfeiture of a knife from someone convicted of carrying it in public without good reason?”

Full story

Halsbury’s Law Exchange, 13th June 2013

Source: www.halsburyslawexchange.co.uk

Courts will not give up on girl abducted by mother, judge warns – The Guardian

Posted June 13th, 2013 in child abduction, custody, news by sally

“A doctor wanted after abducting her daughter and vanishing in the wake of a marriage breakup has been told by a judge ‘the courts will not give up’.”

Full story

The Guardian, 13th June 2013

Source: www.guardian.co.uk

Legal advice on divorce prompts most legal complaints – BBC News

Posted June 13th, 2013 in complaints, divorce, legal ombudsman, news, reports by sally

“Divorce cases have prompted the most complaints about lawyers in the last year with individuals being urged to shop around for legal advice.”

Full story

BBC News, 13th June 2013

Source: www.bbc.co.uk

Advertising industry takes steps to address concerns about online copyright infringement – OUT-LAW.com

Posted June 13th, 2013 in advertising, codes of practice, copyright, internet, news by sally

“The Internet Advertising Bureau (IAB) UK is working on a new set of principles to govern advertising in a scheme that will take account of concerns about online copyright infringement.”

Full story

OUT-LAW.com, 13th June 2013

Source: www.out-law.com

Family courts face collapse – LegalVoice

Posted June 13th, 2013 in domestic violence, family courts, legal aid, litigants in person, news by sally

“The family courts were under unprecedented pressure in the month following the introduction of the LASPO cuts which removed legal aid from most family cases, reports Jon Robins. Cafcass, which looks after the interests of children involved in family proceedings, reported that in May there were a total of 5,061 new private law cases ‘representing the highest ever month on record’. The Legal Aid, Sentencing and Punishment of Offenders Act 2012 removed legal aid for all family cases except where was evidence of domestic violence as of April.”

Full story

LegalVoice, 13th June 2013

Source: www.legalvoice.org.uk

Dale Cregan trial: Guilty verdicts in trial of police killer and others – BBC News

Posted June 13th, 2013 in attempted murder, attempts, explosives, firearms, gangs, murder, news, weapons by sally

“Double police killer Dale Cregan has been cleared of a final charge of attempted murder at the conclusion of a 12-week trial involving nine other men.”

Full story

BBC News, 13th June 2013

Source: www.bbc.co.uk

Pupillage candidates: how to answer a problem question – The Guardian

Posted June 13th, 2013 in news, pupillage by sally

“Minutes before a pupillage interview, you may be given a problem question. Where should you begin?”

Full story

The Guardian, 12th June 2013

Source: www.guardian.co.uk

CPS publishes guidelines on prosecutors’ approach to Child Sexual Abuse cases – Crown Prosecution Service

Posted June 13th, 2013 in codes of practice, consultations, Crown Prosecution Service, news, police, prosecutions, sexual offences, victims by sally

“Ground breaking new guidelines for prosecutors on how to tackle cases involving child sexual abuse have today been issued by the Director of Public Prosecutions and will take immediate effect. At the same time, the College of Policing has issued guidance for investigators and both documents are now open to a three month public consultation.”

Full story

Crown Prosecution Service, 11th June 2013

Source: www.cps.gov.uk

Apex Global Management Ltd v Fi Call Ltd and others – WLR Daily

Posted June 13th, 2013 in appeals, conflict of laws, immunity, law reports, royal family by sally

Apex Global Management Ltd v Fi Call Ltd and others [2013] EWCA Civ 642; [2013] WLR (D) 228

“The phrase ‘members of his family forming part of his household’ in section 20(1)(b) of the State Immunity Act 1978 should not be given a wider meaning in relation to heads of state than it had in relation to diplomats. Thus a head of state’s ‘household’ was restricted to spouses, civil partners, dependent children and relatives.”

WLR Daily, 11th June 2013

Source: www.iclr.co.uk

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA – WLR Daily

Posted June 13th, 2013 in appeals, company law, EC law, insolvency, jurisdiction, law reports, news, winding up by sally

Trustees of the Olympic Airlines SA Pension & Life Insurance Scheme v Olympic Airlines SA [2013] EWCA Civ 643; [2013] WLR (D) 227

“The definition of ‘establishment’ in article 2(h) of Council Regulation (EC) 1346/2000 was to be applied with care where one was seeking to determine whether jurisdiction lay for a secondary winding up of a primarily foreign-based company.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

In re B (A Child)(Care Proceedings: Threshold Criteria) – WLR Daily

Posted June 13th, 2013 in appeals, care orders, children, law reports, Supreme Court by sally

In re B (A Child)(Care Proceedings: Threshold Criteria) [2013] UKSC 33; [2013] WLR (D) 226

“Determinations by the judge that the statutory threshold criteria were crossed for the making of a care order under section 31(2) of the Children Act 1989 and that such an order should be made were evaluative judgments with which the appellate court, exercising a review jurisdiction, should only interfere if it were satisfied that the judgments were wrong.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, disclosure, law reports, liquidators, time limits by sally

In re Atrium Training Services Ltd; Smailes and another v McNally and others; In re Connor Williams Ltd; Smailes and another v McNally and others [2013] EWHC 1562 (Ch); [2013] WLR (D) 225

“The court must exercise its discretion when considering an application for an extension of time for compliance with a deadline stipulated in a court order by simply having regard to the overriding objective of the court to deal with cases justly pursuant to CPR r 1.1(1), notwithstanding that CPR r 1.1(2) had been amended to include the enforcement of compliance with court orders.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Group Seven Ltd v Allied Investment Corpn Ltd and others – WLR Daily

Posted June 13th, 2013 in civil procedure rules, company law, debts, injunctions, law reports, shareholders by sally

Group Seven Ltd v Allied Investment Corpn Ltd and others [2013] EWHC 1509 (Ch); [2013] WLR (D) 224

“A company which had a sole director, who also owned all its shares, did not hold or control its assets in accordance with that sole director and shareholder’s ‘direct or indirect instructions’ within the meaning of paragraph 6 of the standard form freezing order in the Civil Procedure Rules.”

WLR Daily, 6th June 2013

Source: www.iclr.co.uk

In re GP Aviation Group International Ltd (in liquidation) – WLR Daily

Posted June 13th, 2013 in appeals, insolvency, law reports, liquidators by sally

In re GP Aviation Group International Ltd (in liquidation) [2013] EWHC 1447 (C; [2013] WLR (D) 223

“A bare right to appeal was not property within the meaning of section 436 of the Insolvency Act 1986.”

WLR Daily, 4th June 2013

Source: www.iclr.co.uk

Reading Borough Council v Holt – WLR Daily

Posted June 13th, 2013 in appeals, housing, landlord & tenant, law reports, local government, repossession by sally

Reading Borough Council v Holt [2013] EWCA Civ 641; [2013] WLR (D) 222

“When determining whether a possession order should be made under section 84 of the Housing Act 1985, the expression ‘suitable accommodation’ in section 84(2)(b) and (c) and Schedule 2 to the Housing Act 1985 was broad enough to encompass accommodation identified by reference to its essential characteristics and did not require the identification of a specific property.”

WLR Daily, 7th June 2013

Source: www.iclr.co.uk

Does the law need to be rectified? Chartbrook revisited – The Chancery Bar Association

Posted June 13th, 2013 in contracts, drafting, interpretation, news, speeches by sally

Does the law need to be rectified? Chartbrook revisited (PDF)

The Chancery Bar Association, Annual Lecture 2013

Source: www.chba.org.uk

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) – WLR Daily

Posted June 13th, 2013 in appeals, law reports, shipping law by sally

Metall Market OOO v Vitorio Shipping Co Ltd (The Lehmann Timber) [2013] EWCA Civ 650; [2013] WLR (D) 221

A shipowner was entitled (1) to refuse to deliver up cargo covered by a bill of lading to the consignee under that bill, in exercise of its lien for general average contribution for that cargo, notwithstanding receipt of an unlimited guarantee from the insurers of the cargo undertaking in consideration of delivery to pay any general average contribution due in respect of the cargo; and (2) to recover storage and other expenses incurred by it in exercising its lien after the cargo was discharged from the vessel.

WLR Daily, 7th June 2013

Source: www.iclr.co.uk