Month: July 2013

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2) – WLR Daily

Posted July 23rd, 2013 in human rights, judicial review, law reports, remuneration, Sark, trials by tracey

Regina (Barclay and another) v Lord Chancellor and Secretary of State for Justice and others (No 2)

“Where remedy could be sought in the courts of the Bailiwick of Guernsey and of the Island of Sark, there was great force in the argument that judicial review of advice given by the Lord Chancellor and Secretary of State for Justice to the Committee for the Affairs of Sark as to the compliance of legislative proposals for Sark with the Convention for the Protection of Human Rights and Fundamental Freedoms should take place in those courts rather than in the High Court in London but where, as in the present case, the review was a further stage in a sequence of review which had entailed an earlier concession permitting review in the High Court, it would be wrong for the High Court to decline jurisdiction.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Regina v Bestel; Regina v Raza; Regina v Bashir – WLR Daily

Posted July 23rd, 2013 in appeals, confiscation, law reports, sentencing, time limits by tracey

Regina v Bestel;  Regina v Raza;  Regina v Bashir [2013] EWCA Crim 1305 ; [2013] WLR (D) 296

“A change in the law since the date of conviction or plea of guilty was not regarded as good reason for granting an extension of time in which to appeal unless substantial injustice would follow from application of the principle of finality. In cases in which the benefit from criminal conduct had been assessed on a basis which was, if considered in the light of a change in the law, disproportionate, substantial injustice would not be established if an application to the Crown Court for rescission of the confiscation order would ameliorate the stringency of the application of the finality principle.”

WLR Daily, 19th July 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 23rd, 2013 in legislation by tracey

The Annual Tax on Enveloped Dwellings (Returns) Regulations 2013

The Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2013

The Protection of Freedoms Act 2012 (Commencement No. 7) Order 2013

The Protection of Freedoms Act 2012 (Destruction, Retention and Use of Biometric Data) (Transitional, Transitory and Saving Provisions) Order 2013

The Data-gathering Powers (Relevant Data) (Amendment) Regulations 2013

The Adoption (Recognition of Overseas Adoptions) Order 2013

The Access to the Countryside (Maps) (England) Regulations 2013

The Tower Hamlets (Electoral Changes) Order 2013

The Redundancy Payments (Continuity of Employment in Local Government, etc) (Modification) (Amendment) Order 2013

The Registered Pension Schemes (Provision of Information) (Amendment) Regulations 2013

The Life Insurance Qualifying Policies (Statement and Reporting Requirements) Regulations 2013

The Gaming Duty (Amendment) Regulations 2013

The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2013

The Elected Local Policing Bodies (Specified Information) (Amendment) Order 2013

The Temporary Non-Residence (Miscellaneous Amendments) Regulations 2013

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Specification) Order 2013

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Notification) Regulations 2013

The Registered Pension Schemes and Relieved Non-UK Pension Schemes (Lifetime Allowance Transitional Protection) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Command papers – official-documents.gov.uk

Posted July 23rd, 2013 in parliamentary papers by tracey

Treaty between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the United States of America concerning defense trade cooperation: London and Washington, 21 June and 26 June 2007, Cm 8684 (PDF)

Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the government of Japan concerning the transfer of arms and military technologies necessary to implement joint research, development and production of defence equipment and other related items: London, 4 July 2013, Cm 8687 (PDF)

Source: www.official-documents.gov.uk

Part 36 to the fore in this month’s costs cases round-up – Litigation Futures

Posted July 23rd, 2013 in costs, news, part 36 offers by tracey

“Our monthly summary of key costs-related court decisions.”

Full story

Litigation Futures, 19th July 2013

Source: www.litigationfutures.com

Insanity and Automatism – Law Commission

Posted July 23rd, 2013 in automatism, defences, insanity, Law Commission, reports by tracey

“We have published a discussion paper examining the rules governing the defences of insanity and automatism.”

Full paper

Law Commission, 23rd July 2013

Source: www.justice.gov.uk/lawcommission

The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace – Judiciary of England and Wales

Posted July 23rd, 2013 in judiciary, magistrates, press releases by tracey

“The Lord Chancellor and Secretary of State’s Directions for Advisory Committees on Justices of the Peace.”

Full directions

Judiciary of England and Wales, 18th July 2013

Source: www.judiciary.gov.uk

Putting a ring on it, Constitutional Carnage and Court Transparency – The Human Rights Roundup – UK Human Rights Blog

Posted July 23rd, 2013 in constitutional law, courts, human rights, marriage, news by tracey

“This week, the government’s controversial legislation on same sex marriage received Royal Assent. And, as we welcome a new royal baby, less glamorous facets of the UK’s constitutional arrangements have been in the news.”

Full story

UK Human Rights Blog, 23rd July 2013

Source: www.ukhumanrightsblog.com

Mike Gordon: Prince Charles’ Correspondence Back in Court – Reflections on R. (Evans) v. Attorney General – UK Constitutional Law Group

Posted July 23rd, 2013 in appeals, attorney general, confidentiality, disclosure, documents, freedom of information, news, royal family, veto by tracey

“The Administrative Court is the latest body to become involved in the on-going saga related to disclosure of the Prince of Wales’ correspondence with government departments. In the recent case of R. (Evans) v. Attorney General [2013] EWHC 1960 (Admin), the Guardian journalist Rob Evans challenged the legality of the government’s decision to veto disclosure of the relevant correspondence between Prince Charles and a range of government ministers. Disclosure of most of this material had been ordered under the Freedom of Information Act 2000 (FOIA) by the Upper Tribunal, allowing an appeal from Evans against the earlier decision of the Information Commissioner that the correspondence sought could be withheld.”

Full story

UK Constitutional Law Group, 22nd July 2013

Source: www.ukconstitutionallaw.org

Supreme Court to rule on pension scheme insolvency ranking next week – OUT-LAW.com

Posted July 23rd, 2013 in insolvency, news, pensions, Supreme Court by tracey

“The UK’s highest court will rule on whether an insolvent company’s pension schemes can take priority over other company debts on Wednesday, according to its website.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com

High Court rejects ‘prematurity’ challenge to 800-home Shottery approval – OUT-LAW.com

Posted July 23rd, 2013 in housing, local government, ministers' powers and duties, news, planning by tracey

“A Secretary of State (SoS) decision to grant planning permission for a residential development outside Stratford-upon-Avon did not prejudice the local authority’s emerging local plan, a High Court judge has ruled.”

Full story

OUT-LAW.com, 19th July 2013

Source: www.out-law.com

Alan Turing: the stain should not be erased – Head of Legal

Posted July 23rd, 2013 in bills, homosexuality, news, pardons by tracey

“The government has said it will support Lord Sharkey’s bill aimed at giving a posthumous statutory pardon to Alan Turing for an offence under section 11 of the Criminal Law Amendment Act 1885. I need say nothing about Turing’s achievements and greatness, which are beyond dispute. He was treated with disgraceful cruelty and ingratitude by this country, and in particular by its law and criminal justice system, when he was convicted and sentenced for that offence, after which he took his own life. But I’m opposed to this bill and this pardon.”

Full story

Head of Legal, 22nd July 2013

Source: www.headoflegal.com

Beware the overriding objective! – New Law Journal

Posted July 23rd, 2013 in budgets, civil procedure rules, costs, news, proportionality by tracey

“Dominic Regan calls attention to the revised CPR 1.”

Full story

New Law Journal, 22nd July 2013

Source: www.newlawjournal.co.uk

Healthcheck detects public unease at bar regulator ‘bias’ – Law Society’s Gazette

Posted July 23rd, 2013 in barristers, complaints, news, reports by tracey

“Complainants to the Bar Standards Board have accused the regulator of bias in favour of barristers as dissatisfaction grows about transparency and openness. The BSB’s yearly healthcheck survey found increasing public unease about its complaints process, despite the number of complaints falling in the past year.”

Full story

Law Society’s Gazette, 23rd July 2013

Source: www.lawgazette.co.uk

Leylandii row: man wins appeal after spraying hedge-cutting neighbour with hosepipe – Daily Telegraph

Posted July 23rd, 2013 in appeals, assault, compensation, costs, fines, news, water by tracey

“A man who sprayed water in the face of his neighbour as she trimmed a Leylandii hedge has had a conviction of battery overturned on appeal after a judge ruled it was an accident.”

Full story

Daily Telegraph, 22nd July 2013

Source: www.telegraph.co.uk

Councils could be forced to cut parking permit cost following court judgement – Daily Telegraph

Posted July 23rd, 2013 in local government, news, parking by tracey

“Councils across the country could be forced to cut the cost of residents’ parking permits following a landmark judgment in the High Court.”

Full story

Daily Telegraph, 22nd July 2013

Source: www.telegraph.co.uk

Two brothers jailed for Selfridges raid – The Guardian

Posted July 23rd, 2013 in conspiracy, gangs, news, recidivists, robbery, sentencing by tracey

“Two brothers have been jailed for their roles in a ‘professionally planned and executed’ million-pound armed raid at Selfridges, in which the gang dressed in burqas.”

Full story

The Guardian, 22nd July 2013

Source: www.guardian.co.uk

Regulator sees case against iSoft collapse over missing file – The Guardian

Posted July 23rd, 2013 in company directors, documents, financial regulation, news, retrials by tracey

“The city regulator has suffered a huge blow to its reputation after one of its biggest financial crime cases, against four former company directors of iSoft, collapsed over a missing file.”

Full story

The Guardian, 22nd July 2013

Source: www.guardian.co.uk

Number of ambulance-chasing firms falls by a third after change to ‘no-win, no-fee’ law – Daily Telegraph

Posted July 23rd, 2013 in compensation, fees, law firms, news, personal injuries by tracey

“The number of ‘ambulance-chasing’ firms handling personal injury claims has plummeted by nearly a third after a Government clampdown on no-win, no-fee deals earlier this year.”

Full story

Daily Telegraph, 23rd July 2013

Source: www.telegraph.co.uk

Barrister conned officials to get council flat – Daily Telegraph

Posted July 23rd, 2013 in barristers, fraud, housing, news by tracey

“A barrister is facing jail after pretending to be an unemployed single mum to claim a council house which she sub-let while working as a law lecturer and owning two homes.”

Full story

Daily Telegraph, 23rd July 2013

Source: www.telegraph.co.uk