High Court judge dismisses office-to-home challenge by London boroughs – OUT-LAW.com

Posted January 6th, 2014 in appeals, housing, local government, London, news, planning by sally

‘The Government’s procedure in deciding which areas to exempt from recently introduced permitted development rights allowing offices to be transformed into homes without planning permission was fair, a High Court judge has decided.’

Full story

OUT-LAW.com, 6th January 2014

Source: www.out-law.com

Royal Marine to appeal against conviction for shooting Taliban fighter – The Guardian

Posted January 6th, 2014 in Afghanistan, appeals, armed forces, courts martial, murder, news by sally

‘A British marine jailed for at least 10 years after being found guilty of murdering an injured Taliban insurgent has launched a legal fight against his conviction and the length of his sentence.’

Full story

The Guardian, 6th January 2014

Source: www.guardian.co.uk

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) – Supreme Court

West London Mental Health NHS Trust (Respondent) v Chhabra (Appellant) [2013] UKSC 80 | UKSC 2013/0046 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) – Supreme Court

G(AP) (Appellant) v Scottish Ministers and another (Respondents) (Scotland) [2013] UKSC 79 | UKSC 2012/0196 (YouTube)

Supreme Court, 18th December 2014

Source: www.youtube.com/user/UKSupremeCourt

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) – Supreme Court

AA (Somalia) (Appellant) v Entry Clearance Officer (Addis Ababa) (Respondent) [2013] UKSC 81 | UKSC 2012/0181 (YouTube)

Supreme Court, 18th December 2013

Source: www.youtube.com/user/UKSupremeCourt

Review of Provision of Independent Criminal Advocacy: COIC and ATC Submission – The Inner Temple

Posted January 6th, 2014 in advocacy, inns of court, legal education, legal profession, news by sally

‘This paper is written by representatives of the Council of the Inns of Court and the Advocacy Training Council to assist the ‘Review of the Provision of Independent Criminal Advocacy’ currently being undertaken by Sir Bill Jeffrey at the request of the Secretary of State for Justice.’

Full story

The Inner Temple, December 2014

Source: www.innertemple.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 6th, 2014 in legislation by sally

The Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2013

The Railway Byelaws Amendment Order 2013

The Infant Formula and Follow-on Formula (England) (Amendment) Regulations 2013

The Public Record Office (Fees) Regulations 2013

London Local Authorities and Transport for London Act 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 6th, 2014 in law reports by sally

Supreme Court

AA v Entry Clearance Officer (Addis Ababa) [2013] UKSC 81 (18 December 2013)

G v Scottish Ministers & Anor [2013] UKSC 79 (18 December 2013)

West London Mental Health NHS Trust v Chhabra [2013] UKSC 80 (18 December 2013)

Court of Appeal (Criminal Division)

RP v R. [2013] EWCA Crim 2331 (18 December 2013)

Court of Appeal (Civil Division)

Samuda v Secretary of State for Work and Pensions & Anor [2014] EWCA Civ 1 (02 January 2014)

High Court (Queen’s Bench Division)

AB v CD [2014] EWHC 1 (QB) (03 January 2014)

Schumann & Anor v Wasbrough [2013] EWHC 4070 (QB) (18 December 2013)

High Court (Administrative Court)

GMGRM North Ltd & Ors, R (on the application of) v Ritchie (HM Revenue and Customs Officer) & Anor [2013] EWHC 4115 (Admin) (20 December 2013)

Hockley v Essex County Council [2013] EWHC 4051 (Admin) (20 December 2013)

Forest of Dean District Council v Secretary of State for Communities And Local Government [2013] EWHC 4052 (Admin) (20 December 2013)

Cahill, Re Application for the Setting of A Minimum Term [2013] EWHC 4025 (Admin) (20 December 2013)

High Court (Commercial Court)

Gray v Smith & Ors [2013] EWHC 4136 (Comm) (20 December 2013)

Source: www.bailii.org

Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in December.’

Full story

Family Law Week, 2nd January 2014

Source: www.familylawweek.co.uk

Defamation reforms should cut claims but only after courts give guidance on how the new rules apply, says expert – OUT-LAW.com

Posted January 6th, 2014 in defamation, internet, news, time limits by sally

‘Changes to defamation laws should help cut the number of libel claims being brought before UK courts, an expert has said.’

Full story

OUT-LAW.com, 3rd January 2014

Source: www.out-law.com

Shorthold tenancies and council tax liability – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, council tax, landlord & tenant, local government, news by sally

‘If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax?’

Full story

NearlyLegal, 3rd January 2014

Source: www.nearlylegal.co.uk

Revealed: the top cases of 2014 – The Lawyer

Posted January 6th, 2014 in civil justice, news by sally

‘The High Court will host some of the largest-value cases it has ever seen in 2014 – but only the biggest disputes will fight all the way.’

Full story

The Lawyer, 6th January 2014

Source: www.thelawyer.com

The Legal Ombudsman: more than a paper tiger – UK Human Rights Blog

Posted January 6th, 2014 in complaints, fees, judicial review, jurisdiction, legal ombudsman, news, solicitors by sally

‘Does the Legal Ombudsman have teeth? That was, in effect, the question before the High Court in Layard Horsfall, a judicial review brought by a former solicitor against a decision by the Ombudsman to reduce his fees following a complaint by one of his clients. The Court’s answer was a very clear yes. Where the Ombudsman has made her decision properly, taking relevant factors into account, it is likely to withstand judicial review challenge.’

Full story

UK Human Rights Blog, 3rd January 2014

Source: www.ukhumanrightsblog.com

Penal reform in the UK – OUP Blog

Posted January 6th, 2014 in news, probation by sally

‘In this podcast Martin Partington talks to Frances Crook, Chief Executive of the Howard League. Does penal policy in the UK operate in a more ‘punitive’ way than other European countries (including the former Eastern-bloc)? Frances makes a passionate defence of the current probation service and deplores the current Government’s approach to reform of the service.’

Podcast

OUP Blog, 1st January 2014

Source: http://blog.oup.com

Unsuccessful challenge to 52 weeks rule in Housing Benefit Regs – NearlyLegal

Posted January 6th, 2014 in appeals, benefits, detention, disability discrimination, housing, mental health, news by sally

‘Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg. 7(17), Housing Benefit Regulations 2006, breached Art. 14 ECHR (although not expressly set out in the Judgment, presumably in conjunction with A1P1).’

Full story

NearlyLegal, 6th January 2014

Source: www.nearlylegal.co.uk

Mental health patients being denied human rights in court, warn leading lawyers – The Independent

‘People with mental health problems are being denied justice by some Court of Protection judges who fail to even consider hearing patients’ testimony, leading lawyers have told a House of Lords inquiry.’

Full story

The Independent, 3rd January 2014

Source: www.independent.co.uk

Jimmy Savile victims call for single inquiry – The Guardian

Posted January 6th, 2014 in child abuse, inquiries, news, sexual offences, victims by sally

‘Victims of Jimmy Savile have called for a single judge-led inquiry into how the former DJ was able to evade justice for so long.’

Full story

The Guardian, 6th January 2014

Source: www.guardian.co.uk

Security guard jailed after falling asleep and crashing bus full of colleagues – Daily Telegraph

Posted January 6th, 2014 in accidents, dangerous driving, licensing, news, sentencing by sally

‘Mark Nicholson was driving 15 people down to work as security officers at an Olympic sailing event when he dozed off while driving on the busy M40 motorway.’

Full story

Daily Telegraph, 3rd January 2014

Source: www.telegraph.co.uk

Kirsty Cox jailed for two years for £450,000 iPad scam – BBC News

Posted January 6th, 2014 in fraud, news, sentencing by sally

‘A woman who defrauded hundreds of customers in an iPad scam worth £450,000 has been jailed.’

Full story

BBC News, 3rd January 2014

Source: www.bbc.co.uk

Police under fire for handling of Raoul Moat manhunt in 2010 – The Independent

Posted January 6th, 2014 in delay, inquests, news, ombudsmen, police, professional conduct, reports, suicide by sally

‘A bitter row has broken out between one of Britain’s biggest police forces and the Independent Police Complaints Commission over the case of the gunman Raoul Moat.’

Full story

The Independent, 5th January 2014

Source: www.independent.co.uk