NHS Trust in court battle to sterilise disabled man – Daily Telegraph
“An NHS trust is fighting a court battle to sterilise a man with moderate learning difficulties.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
Day: 31 July 2013
Anneliese Day QC and Michael Ryan successfully defend TCC claim against Engineers for professional negligence – 4 New Square Chambers
“On 24 June 2013, Mr Justice Akenhead handed down judgment in Igloo Regeneration v Powell Williams Partnership [2013] EWHC 1718 (TCC). Anneliese Day QC and Michael Ryan acted for the successful defendant.”
Full story (PDF)
4 New Square Chambers, 17th July 2013
Source: www.4newsquare.com
Bedroom tax JR – NearlyLegal
“The headline here, as has been widely tweeted/flashed etc, is that the challenge to the bedroom tax contained in Regulation B13, Housing Benefit Regulations (both generically and specifically in relation to households with a disabled person) was unsuccessful in the Divisional Court (R(MA) Secretary of State for Work and Pensions [2013] EWHC 2213 – not on Baili yet, but available to download from Adam Wagner’s site); but the Court came close to granting injunctive relief against the Secretary of State to make regulations bringing Burnip/Gorry into effect, as opposed to relying simply on a Circular. The DWP had argued that they were entitled to rely on guidance by way of Circular ‘pending a decision on whether and at what point in time to introduce regulations’ (Laws LJ’s emphasis). On that point, rarely have I read such strong words as appear in Laws LJ’s judgment at [91]-[92]. That is an ouch moment for the DWP which, I bet, will not be widely reported, so let me headline the quote here: ‘The Secretary of State has no business considering whether to introduce regulations to conform HB provision with the judgment in Gorry. He is obliged to do so.’ The only thing which stopped injunctive relief was that their drafting was ‘under consideration’ after 14 months (!).”
NearlyLegal, 3oth July 2013
Source: www.nearlylegal.co.uk
Regina (S and others) v Chief Constable of the British Transport Police – WLR Daily
“The Divisional Court gave guidance on the practice to be followed on an application for a search warrant under the special procedure in section 9 of and Schedule 1 to the Police and Criminal Evidence Act 1984, and reiterated the information required to be supplied by a constable to the court on such an application, including the need to give full and frank disclosure.”
WLR Daily, 23rd July 2013
Source: www.iclr.co.uk
DV3 RS Ltd Partnership v Revenue and Customs Comrs – WLR Daily
DV3 RS Ltd Partnership v Revenue and Customs Comrs [2013] EWCA Civ 907; [2013] WLR (D) 311
“Where a vendor contracted to sell a chargeable interest to a company and the company made a sub-sale to a partnership (of which the company was a member), both contracts being completed at the same time with sequential transfers, the partnership, as taxpayer, acquired a chargeable interest liable to stamp duty land tax.”
WLR Daily, 25th July 2013
Source: www.iclr.co.uk
Action on compensation claims for slips and trips – Ministry of Justice
“Schools, businesses and councils will all be helped by the latest stage of major law changes turning the tide on compensation culture.”
Ministry of Justice, 31st July 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Home Secretary extends consultation into use of stop and search – Home Office
“Members of the public given an extra six weeks to have their say on stop and search after consultation extended to 24 September.”
Home Office, 30th July 2013
Source: www.gov.uk/home-office
ATE providers and unions – authors of their own misfortune? – Halsbury’s Law Exchange
“We all know the gravy train is coming to an end. With the abolition of inter partes recovery of After the Event (ATE) premiums and equivalents, ATE providers and unions are scrambling to fill the void in their coffers this will create. Recently, there has been outrage at the suggestion that retrospective reform should be introduced to limit the recoverability of pre 1 April ATE premiums and equivalents, imposing a finite timescale. But is this really justified, or are the ATE providers and union funders bringing such measures on themselves by their disproportionate attitude to the quantum of premiums?”
Halsbury’s Law Exchange, 30th July 2013
Source: www.halsburyslawexchange.co.uk
‘Compensation culture is a myth’: Claims for work-related injuries and diseases fall 60 per cent in a decade – The Independent
“The ‘spiralling’ compensation culture presented by the Government is a myth, according to a report which shows work injury claims are down 60 per cent in the last decade.”
The Independent, 30th July 2013
Source: www.independent.co.uk
Surviving LASPO: ‘Be creative, be out there’ – LegalVoice
“Now that legal aid is diminished, is it possible to find new sources of public funding for legal advice? Yes, if you work at it, writes Sue Bent.”
LegalVoice, 31st July 2013
Source: www.legalvoice.org.uk
Court of Appeal overturns tax tribunals’ findings in favour of SDLT avoidance scheme – OUT-LAW.com
“The Court of Appeal has ruled against a stamp duty land tax (SDLT) avoidance scheme involving the interaction of the sub-sale and partnership rules, overturning earlier decisions by the First Tier and Upper Tax Tribunals.”
OUT-LAW.com, 30th July 2013
Source: www.out-law.com
David Guy dismemberment: David Hilder guilty of manslaughter – BBC News
“A man who killed and dismembered his friend has received a life sentence for his manslaughter.”
BBC News, 30th July 2013
Source: www.bbc.co.uk
Christopher Forsyth: Principle or Pragmatism: Closed Material Procedure in the Supreme Court
“In Al Rawi & Ors v The Security Service & Ors [2011] UKSC 34; [2012] 1 AC 531 the claimants (respondents in the Supreme Court) were bringing civil claims for damages against the defendants (appellants in the Supreme Court) alleging complicity by the defendants in their mistreatment by foreign powers (including detention at Guantanamo Bay). The defendants as part of their defence wished to place before the court ‘security sensitive material’ – presumably the evidence of intelligence agents, or similar, denying the complicity – which for security reasons could not be disclosed to the claimants. Thus the defendants submitted that the court hold a “closed material procedure”. They envisaged that the evidence would be placed before the courts in closed session, i.e. a session from which the claimants and their representatives (and the public) were excluded. In the closed session the claimants would be represented by “special advocates” appointed by the court who would have access to the evidence but would not be able to take instructions from the claimants. Such procedures are controversial since they threaten the fundamental principles of open justice and natural justice. On the other hand, the national interest would doubtless be impaired, in some cases, if intelligence agents gave evidence and their methods and secrets were exposed in open court.”
UK Constitutional Law Group, 29th July 2013
Source: www.ukconstitutionallaw.org
Couple’s stolen caravan cannot be returned as could breach traveller family’s ‘human rights’ – Daily Telegraph
“A couple who spent their retirement savings on a caravan only to see it stolen were astounded when police said the travellers who are living in it could not be removed as it would breach their ‘human rights’.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
Media influence on law reform – Halsbury’s Law Exchange
“It is clear that public opinion affects law reform. MPs are democratically elected and thus to become elected MPs are naturally influenced by the will of the public. As legislation is put forward and created by those influenced by public opinion, there is no doubt that this has a significant influence on the development of legislation.”
Halsbury’s Law Exchange, 30th July 2013
Source: www.halsburyslawexchange.co.uk
Lawyers of refugees who were wrongly jailed criticised by Appeal Court – The Independent
“The Appeal Court has criticised the lawyers of five refugees who were wrongly jailed for carrying false documents after fleeing their countries under the threat of persecution.”
The Independent, 30th July 2013
Source: www.independent.co.uk
Not equal everywhere: legal problems for gay couples who emigrate – Daily Telegraph
“Same-sex couples face continued uncertainty over their legal rights abroad that could leave them vulnerable. Family lawyer Fiona Wood explains more.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
Ten things I wish I’d known before becoming a law student – The Guardian
“When choosing my degree, I was young, naive and full of false expectations. Here’s what I’ve learnt.”
The Guardian, 25th July 2013
Source: www.guardian.co.uk
Right-to-die campaigners lose battle – BBC News
“The family of late locked-in syndrome sufferer Tony Nicklinson and paralysed road accident victim Paul Lamb have lost their right-to-die challenges.”
BBC News, 31st July 2013
Source: www.bbc.co.uk
Roll out new guidelines on juror contempt of court, says Attorney General – Daily Telegraph
“Jurors should be given clearer instructions on the dangers of using the internet during trials, Dominic Grieve, the Attorney General, has said after two jury members were jailed for contempt of court.”
Daily Telegraph, 30th July 2013
Source: www.telegraph.co.uk
