Month: June 2013

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

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) – Supreme Court

Posted June 13th, 2013 in appeals, arbitration, foreign jurisdictions, injunctions, law reports, Supreme Court by sally

Ust-Kamenogorsk Hydropower Plant JSC (Appellant) v AES Ust-Kamenogorstk Hydropower Plant LLP (Respondent) [2013] UKSC 35 | UKSC 2011/0172

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of B (a Child) (FC) – Supreme Court

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

In the matter of B (a Child) (FC) [2013] UKSC 33 | UKSC 2013/0022 (YouTube)

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Petrodel Resources Limited and others (Respondents) v Prest (Appellant) – Supreme Court

Posted June 13th, 2013 in company law, divorce, financial provision, law reports, Supreme Court by sally

Petrodel Resources Limited and others (Respondents) v Prest (Appellant) [2013] UKSC 34 | UKSC 2013/0004 (YouTube)

Supreme Court, 12th June 2013

Source: www.youtube.com/user/UKSupremeCourt

Law Commission welcomes Draft Consumer Rights Bill – Law Commission

Posted June 13th, 2013 in bills, consumer protection, Law Commission, news, unfair contract terms by sally

“The Law Commission welcomes the new Consumer Rights Bill published today, which incorporates many of our recommendations.”

Full story

Law Commission, 12th June 2013

Source: www.lawcommission.justice.gov.uk

Offender mentor hub launched – Ministry of Justice

Posted June 13th, 2013 in crime prevention, news, rehabilitation by sally

“A dedicated mentoring website linking offenders to high-quality support to get their lives back on track is being launched today.”

Full story

Ministry of Justice, 12th June 2013

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

Johnson v. Old, deposits and rent paid by housing benefit – The Barristers’ Hub

Posted June 13th, 2013 in appeals, benefits, deposits, housing, landlord & tenant, news, rent by sally

“We’ve all seen the ubiquitous scene from the American court-room drama where the bespectacled and previously underrated legal assistant/student/intern etc. bursts into the back of the crowded court, and shouts ‘State v. Jones’ whilst waving the paper judgment triumphantly at the judge. The judge is thereby stopped from making the patently unjust ruling he was about to make, changing his mind in favour of the film’s protagonist. This doesn’t happen in real life, so it was with much anticipation that I awaited the case of Johnson v Old [2013] EWCA Civ 415, which I used in court less than 24 hours after it was handed down. My thanks go to Karen Reid, one of our pupils at 1 Gray’s Inn Square, who rushed from the RCJ, clutching the judgment, ink still drying from Sir John Chadwick’s quill (well, printer at least).”

Full story

The Barristers’ Hub, 12th June 2013

Source: www.barristershub.co.uk

Spying and Surveillance – BBC Unreliable Evidence

Posted June 13th, 2013 in intelligence services, interception, investigatory powers, local government, news, privacy, telecommunications by sally

“Clive Anderson and guests explore the extent to which the law protects our right to privacy in the face of increasing use of covert surveillance by MI5, police, local authorities and other public bodies and commercial organisations.

Clive’s guests, all with wide knowledge of the world of spying and surveillance, warn that the threat to our privacy comes not just from Big Brother, but also from Little Brother and Big Brother PLC. And they argue that the law controlling surveillance is largely inadequate and widely misinterpreted.”

Listen

BBC Unreliable Evidence, 12th June 2013

Source: www.bbc.co.uk

Legal Ombudsman chairman calls for major expansion in jurisdiction – Legal Futures

Posted June 13th, 2013 in complaints, financial advice, jurisdiction, legal ombudsman, legal services, news, reports by sally

“All consumers of legal services – using a broad definition that includes ‘linked professional services and advice that has a legal dimension’ – should have access to the Legal Ombudsman (LeO), its chairman said today.”

Full story

Legal Futures, 13th June 2013

Source: www.legalfutures.co.uk

Third of crimes committed by hardcore of career offenders – Daily Telegraph

Posted June 13th, 2013 in news, recidivists, rehabilitation, speeches, young offenders by sally

“A group of hardcore career criminals who repeatedly reoffend are responsible for a growing proportion of crime in this country, the Justice Secretary will warn.”

Full story

Daily Telegraph, 12th June 2013

Source: www.telegraph.co.uk

Man jailed over Woolwich murder Facebook comments – BBC News

Posted June 13th, 2013 in internet, malicious communications, news, sentencing by sally

“A man who posted offensive comments on Facebook following the death of Drummer Lee Rigby in Woolwich has been jailed.”

Full story

BBC News, 12th June 2013

Source: www.bbc.co.uk