Convicted criminals can have cars seized under plan to cut legal aid bill – The Guardian

Posted July 30th, 2013 in assets recovery, legal aid, news, proceeds of crime by sally

“Convicted criminals who defy orders to contribute to their legal costs may have their cars seized by the Ministry of Justice and sold at auction from Tuesday.”

Full story

The Guardian, 20th July 2013

Source: www.guardian.co.uk

Four police officers face charges over mentally ill man Thomas Orchard’s death in custody – The Independent

Posted July 30th, 2013 in death in custody, mental health, news, police, prosecutions by sally

“Four police officers could face criminal charges over the death of a mentally ill church caretaker who was restrained when he was arrested following a disturbance in the street, The Independent has learned.”

Full story

The Independent, 29th July 2013

Source: www.independent.co.uk

Ex-wife of RAF officer fights MoD eviction order in court – Daily Telegraph

“The former wife of an RAF squadron leader is taking on the Ministry of Defence in a High Court test case, claiming that a move to evict her — after her husband walked out — violates her human rights.”

Full story

Daily Telegraph, 29th July 2013

Source: www.telegraph.co.uk

Judicial review funding cuts may leave vulnerable teenagers at risk – The Guardian

Posted July 29th, 2013 in budgets, judicial review, news, social services, young persons by sally

“Hundreds of vulnerable teenagers will be at risk of harm or falling into prostitution under government plans to restrict judicial review, lawyers specialising in actions against local authorities have warned.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

Report: lawyers struggle with learning disability clients – Law Society’s Gazette

Posted July 29th, 2013 in learning difficulties, legal services, news, reports by sally

“Lawyers struggle to provide people with learning disabilities with the specialist support they need, according to new research published today.”

Full story

Law Society’s Gazette, 29th July 2013

Source: www.lawgazette.co.uk

Council loses Supreme Court appeal over disclosure of equal pay data – Local Government Lawyer

“The Supreme Court has rejected an appeal by a council against disclosure of information on equal pay.”

Full story

Local Government Lawyer, 29th July 2013

Source: www.localgovernmentlawyer.co.uk

Newspaper given permission to appeal block on publication of Prince Charles’ letters to ministers – OUT-LAW.com

Posted July 29th, 2013 in appeals, disclosure, freedom of information, lobbying, media, news, royal family, veto by sally

“The Guardian has been given permission to appeal a High Court decision blocking the publication of letters from Prince Charles to Government ministers, it has said.”

Full story

OUT-LAW.com, 26th July 2013

Source: www.out-law.com

EVENT: The Seventh Annual Hart Judicial Review Conference

Posted July 29th, 2013 in Forthcoming events by sally

“Hart Publishing and the Editors of Judicial Review are pleased to invite you to the seventh annual Hart Judicial Review Conference. The conference promises to be of extremely high quality, with an excellent chair and panel of speakers dedicated to analysing developments in Judicial Review in 2013.”

Speakers:
Michael Beloff Q.C.
Clive Coleman
Philip Coppel Q.C.
Shaheed Fatima
Michael Fordham Q.C.
Kris Gledhill
Richard Gordon Q.C.
James Maurici Q.C.
Jessica Simor Q.C.

Date: Friday 13th December 2013

Location: The Cavendish Conference Centre, 22 Duchess Mews, London, W1G 9DT

Charge: See website for details

More information can be found here.

Keep it short, judges: no need to churn to earn – UK Human Rights Blog

Posted July 29th, 2013 in appeals, fees, judgments, news, solicitors by sally

“This time of year, high court and appellate judges will have been trying to clear their desks – to stop the complex half-finished judgment from skulking around in their minds and spoiling their holidays.”

Full story

UK Human Rights Blog, 27th July 2013

Source: www.ukhumanrightsblog.com

Retired appeal judge slams ‘substandard’ aid cuts – Law Society’s Gazette

Posted July 29th, 2013 in budgets, consultations, judges, judicial review, legal aid, news by sally

“Government proposals to restrict legal aid for judicial review will turn the clock back 50 years and perpetrate ‘significant and damaging injustice’, a retired Court of Appeal judge has warned.”

Full story

Law Society’s Gazette, 29th July 2013

Source: www.lawgazette.co.uk

Military ‘justice’ is screaming out for reform – The Guardian

Posted July 29th, 2013 in armed forces, courts martial, criminal justice, human rights, news by sally

“The practice of trying the military – such as Danny Nightingale – in a court martial rather than a civilian court is anachronistic.”

Full story

The Guardian, 29th July 2013

Source: www.guardian.co.uk

Teacher Simon Clannachan jailed for child and bestiality images – BBC News

“A primary school teacher who was caught with indecent images of children and extreme pornography involving animals has been jailed for six months.”

Full story

BBC News, 29th July 2013

Source: www.bbc.co.uk

May we have our emails back? – Panopticon

Posted July 29th, 2013 in agency, appeals, company law, disclosure, electronic mail, news by sally

“In Fairstar Heavy Transport NV v (1) Philip Jeffrey Adkins (2) Claranet Ltd [2013] EWCA Civ 886 the Court of Appeal has considered what right a company has to obtain work-related emails held by its former CEO on his personal computer.”

Full story

Panopticon, 26th July 2013

Source: www.panopticonblog.com

BAILII: Recent Decisions

Posted July 29th, 2013 in law reports by sally

Supreme Court

South Lanarkshire Council v The Scottish Information Commissioner [2013] UKSC 55 (29 July 2013)

Court of Appeal (Criminal Division)

Chapman, R. v [2013] EWCA Crim 1370 (29 July 2013)

Court of Appeal (Civil Division)

Lloyd v London Borough of Lewisham [2013] EWCA Civ 923 (29 July 2013)

Ross River Ltd & Anor v Waveley Commercial Ltd & Ors [2013] EWCA Civ 910 (29 July 2013)

Generics [uk] Ltd (t/a Mylan) v Yeda Research And Development Co Ltd & Anor [2013] EWCA Civ 925 (29 July 2013)

Resolution Chemicals Ltd v H. Lundbeck A/S [2013] EWCA Civ 924 (29 July 2013)

Singh v Moorlands Primary School & Anor [2013] EWCA Civ 909 (25 July 2013)

HM Revenue and Customs v DV3 RS Ltd Partnership [2013] EWCA Civ 907 (25 July 2013)

Hamed v Stevens [2013] EWCA Civ 911 (26 July 2013)

Williams v Secretary of State for Communities and Local Government & Anor [2013] EWCA Civ 958 (26 July 2013)

AB (Sudan) v Secretary of State for the Home Department [2013] EWCA Civ 921 (26 July 2013)

MC (Guinea) & Anor, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 922 (26 July 2013)

High Court (Queen’s Bench Division)

McGrath v Independent Print Ltd [2013] EWHC 2202 (QB) (26 July 2013)

Waterson v Lloyd & Anor [2013] EWHC 2201 (QB) (26 July 2013)

Grimason v Cates [2013] EWHC 2304 (QB) (26 July 2013)

High Court (Administrative Court)

Alsaadon v Secretary of State for the Home Department [2013] EWHC 2184 (Admin) (26 July 2013)

Sanchez v The Second Section of the National High Court of Madrid, Spain [2013] EWHC 2264 (Admin) (26 July 2013)

GE, R (on the application of) v Secretary of State for the Home Department & Anor [2013] EWHC 2186 (Admin) (26 July 2013)

Che, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 2220 (Admin) (26 July 2013)

Ozoemene & Ors v Secretary of State for the Home Department (Identity and Passport Service) [2013] EWHC 2167 (Admin) (22 July 2013)

Burke v Independent Police Complaints Commission & Anor [2013] EWHC 2291 (Admin) (26 July 2013)

Newby Foods Ltd, R (on the application of) v Food Standards Agency (No. 2) [2013] EWHC 2132 (Admin) (26 July 2013)

Source: www.bailii.org

The last Englishman – New Law Journal

“James Wilson salutes an iconic litigant in person.”

Full story

New Law Journal, 26th July 2013

Source: www.newlawjournal.co.uk

Singh v Reading Borough Council – WLR Daily

Singh v Reading Borough Council [2013] EWCA Civ 909; [2013] WLR (D) 306

“An employer’s improper activities in gathering evidence for the purpose of defending a claim of discrimination brought by an employee were not covered by judicial proceedings immunity.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

JSC BTA Bank v Ablyazov (No 10) – WLR Daily

Posted July 29th, 2013 in banking, disclosure, fraud, freezing injunctions, law reports, loans, news by sally

JSC BTA Bank v Ablyazov (No 10) [2013] EWCA Civ 928; [2013] WLR (D) 305

“In determining the meaning of the term ‘assets’ in a freezing order, account should be taken, as part of the background and context of such orders, of their purpose, in the way that anyone construing any document should take account of the background of it. Where the words used clearly and unequivocally led to the conclusion that the term ‘asset’ included that which could not be the subject of execution, effect must be given to the words. Where they did not, the purpose of such orders would be a significant factor in determining the meaning of the term ‘asset’ in that context and a pointer against including the particular right under consideration.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina v Sale – WLR Daily

Regina v Sale [2013] EWCA Crim 1306; [2013] WLR (D) 304

“Where the defendant was the sole shareholder of a company for which he had secured commercial contracts by corruption, the assessment of the defendant’s criminal benefit for the purposes of a confiscation order could not be based on the turnover from the contracts because that would be disproportionate but should be restricted to the gross profit earned by the company together with any other pecuniary advantage which flowed from the corruption.”

WLR Daily, 25th July 2013

Source: www.iclr.co.uk

Regina (Attfield) v Barnet London Borough Council – WLR Daily

Posted July 29th, 2013 in fees, judicial review, law reports, local government, news, parking, road traffic by sally

Regina (Attfield) v Barnet London Borough Council [2013] EWHC 2089 (Admin); [2013] WLR (D) 303

A local authority was not entitled to exercise its powers under section 45 of the Road Traffic Regulation Act 1984 for the purposes of raising surplus revenue to defray other road expenditure and reduce the need to raise income from other sources, such as fines, charges and council tax.

WLR Daily, 22nd July 2013

Source: www.iclr.co.uk

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) – WLR Daily

Tchenguiz and another v Director of the Serious Fraud Office (Deutsche Bank AG, third party); Rawlinson & Hunter Trustees SA and others v Director of the Serious Fraud Office (Deutsche Bank AG, third party) [2013] EWHC 2128 (QB); [2013] WLR (D) 302

“The Criminal Justice Act 1987 did not prevent the Serious Fraud Office from disclosing, pursuant to a court order in civil proceedings, documents which in the course of an investigation had been provided to it by third parties in response to notices under section 2 of the Act.”

WLR Daily, 18th July 2013

Source: www.iclr.co.uk