June 2013 – Page 9 – Current Awareness

“Where a broker had negligently advised a client to take out an interest-only mortgage and make an investment in foreign property in the expectation that the investment would pay off the entirety of the mortgage, the Financial Services Compensation Scheme Ltd was required to take into account both elements of the advice when assessing the client’s compensation for the broker’s breach of duty as a mortgage adviser under the scheme’s rules.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another – WLR Daily

Posted June 21st, 2013 in appeals, enfranchisement, landlord & tenant, law reports, leases, valuation, wills by tracey

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another: [2013] EWCA Civ 731; [2013] WLR (D) 243

“Where there were intermediate leases which subsisted between the freehold and the leases of the participating tenants and which were to be acquired by the nominee purchaser on the collective enfranchisement, and a single owner of those leases or of those leases and the freehold could realise development value by developing the property for use other than as a building containing separate flats, the hope of realising such development value had to be taken into account in fixing the price to be paid for the intermediate leases.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 21st, 2013 in legislation by tracey

The Justice and Security Act 2013 (Commencement, Transitional and Saving Provisions) Order 2013

The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013

The Cosmetic Products Enforcement Regulations 2013

The Plant Health (England) (Amendment) (No.2) Order 2013

The Social Security (Croatia) Amendment Regulations 2013

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

The Burma (Sanctions) (Overseas Territories) Order 2013

The Zimbabwe (Sanctions) (Overseas Territories) (Suspension and Amendment) Order 2013

The European Communities (Designation) Order 2013

The Iran (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2013

The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2013

The Transfer of Functions (Age-Related Payments) Order 2013

The Growth and Infrastructure Act 2013 (Commencement No. 2 and Transitional and Saving Provisions) Order 2013

Source: www.legislation.gov.uk

Guidance for Magistrates involved in scrutiny of out of court disposals – Judiciary of England and Wales

Posted June 21st, 2013 in cautions, codes of practice, judges, magistrates, news, penalties by tracey

“Guidance issued by the Senior Presiding Judge, Lord Justice Gross.”

Full guidance

Judiciary of England and Wales, 17th June 2013

Source: www.judiciary.gov.uk

Regulator’s handling of complaints against barristers ‘prompt, thorough and fair’ – Bar Standards Board

Posted June 21st, 2013 in barristers, complaints, press releases, reports, standards by tracey

“Complaints against barristers are handled promptly and fairly, according to a new independent report published today.”

Full story

Bar Standards Board, 21st June 2013

Source: www.barstandardsboard.org.uk

Judicial Review almost never possible where there is a statutory right of appeal – UK Human Rights Blog

Posted June 21st, 2013 in appeals, financial regulation, judicial review, news, reasons, tribunals by tracey

“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”

Full story

UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

“Snatch Rover” case – inviting judges into the theatre of war? – UK Human Rights Blog

Posted June 21st, 2013 in armed forces, human rights, jurisdiction, negligence, news, Supreme Court, treaties, war by tracey

“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Construction of Patents – Lizzanno Partitions (UK) Ltd v Interiors Manufacturing Ltd – NIPC Law

Posted June 21st, 2013 in news, patents by tracey

” The decision of Mr Justice Birss (as he now is) in Lizzanno Partitions (UK) Ltd v Interiors Manufacturing Ltd [2013] EWPCC 12 (11 April 2013) is an object lesson in claim construction.”

Full story

NIPC LAw, 17th June 2013

Source: www.nipclaw.blogspot.co.uk

Updated statute book won’t make anyone a legal expert; but it’s a start – Halsbury’s Law Exchange

Posted June 21st, 2013 in legal education, legislation, legislative drafting, news by tracey

“I’ve been following the Parliamentary Counsel’s laudable ‘good law’ initiative with interest (details on the Cabinet Office site here). The aim of the initiative is to have law that is #necessary, clear, coherent, effective and accessible’. The focus, perhaps naturally for the OPC, is on the complexity and drafting of legislation. Their document ‘When laws become too complex’ is well worth a read for anyone who regularly deals with legislation.The first thing that strikes me is that this initiative is really about good legislation rather than good law since case law doesn’t get much of a mention. But, for the sake of argument, let’s agree that good legislation gets us half way to good law and is worth our consideration.”

Full story

Halsbury’s Law Exchange, 20th June 2013

Source: www.halsburyslawexchange.co.uk

Nicholas Bevan believes catastrophically injured claimants deserve better treatment from the insurance industry – New Law Journal

Posted June 21st, 2013 in damages, insurance, news, periodical payments, personal injuries by tracey

“The Court of Appeal’s ruling in Follett v Wallace [2013] EWCA Civ 146, [2013] All ER (D) 57 (Mar) should give practitioners pause for thought. This was one of those tragic catastrophic injury claims where the victim was left with extensive life-long care needs. Neither liability nor quantum was disputed. Both parties were agreed to part of the claimant’s compensatory entitlement being paid under a periodical payments order (PPO).”

Full story

New Law Journal, 20th June 2013

Source: www.newlawjournal.co.uk

Children: Private Law update (May 2013) – Family Law Week

Posted June 21st, 2013 in children, contact orders, domestic violence, news, parental responsibility, removal directions by tracey

“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”

Full story

Family Law Week, 19th June 2013

Source: www.familylawweek.co.uk

Malakai McKenzie murder: Cameron Cashin given life – BBC News

Posted June 21st, 2013 in gangs, murder, news, sentencing by tracey

“A man who shot a gang rival in the head as he sat in a car outside a pub has been given a life sentence for murder.”

Full story

BBC News, 20th June 2013

Source: www.bbc.co.uk

Rhyl mosque fire attack: ‘Racist’ John Parkin jailed – BBC News

Posted June 21st, 2013 in armed forces, arson, ASBOs, attempts, news, public order, racism, religiously aggravated offences, sentencing by tracey

“A former serviceman has been jailed for trying to set fire to a Denbighshire mosque after hearing about the murder of soldier Lee Rigby in London.”

Full story

BBC News, 20th June 2013

Source: www.bbc.co.uk

Woman jailed after throwing newborn down rubbish chute – The Guardian

Posted June 21st, 2013 in children, grievous bodily harm, mental health, news, sentencing by tracey

“A woman who threw her newborn baby down a tower block rubbish chute has been jailed for two-and-a-half years after she was found guilty of inflicting grievous bodily harm.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk

Justice ministry outsourcing could lead to ‘train crash’, says watchdog – The Guardian

Posted June 21st, 2013 in contracting out, courts, interpreters, news, select committees by tracey

“The contracting out of key services by the Ministry of Justice could end in a ‘multiple train crash’ because the department displays naivety and lacks the capacity to understand what it is doing, according to a parliamentary watchdog.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk