Day: 9 January 2014

Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

MacLennan v Morgan Sindall (Infrastructure) plc – WLR Daily

Posted January 9th, 2014 in civil procedure rules, evidence, law reports, news, witnesses by sally

MacLennan v Morgan Sindall (Infrastructure) plc [2013] EWHC 4044 (QB); [2013] WLR (D) 509

‘The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had been considered and rejected.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Jack Alaric Simson Caird: A Code of Constitutional Standards – UK Constitutional Law Group

Posted January 9th, 2014 in constitutional law, news, reports, select committees by sally

‘The Constitution Unit of University College London is today publishing a report which sets out a code of constitutional standards based on the reports of the House of Lords Select Committee on the Constitution. Since 2001 the Committee has made many recommendations in its reports, and the goal of this report was to codify these recommendations in order to make the Committee’s analysis of the constitution more accessible. The report, by Robert Hazell, Dawn Oliver and myself, contains a code of 126 constitutional standards, each of which is relevant to the legislative process, and each of which has been extracted from the 149 reports of the Constitution Committee that were reviewed. The standards are organised into five sections: the rule of law; delegated powers, delegated legislation and Henry VIII clauses; the separation of powers; individual rights; and parliamentary procedure.’

Full story

UK Constitutional Law Group, 8th January 2014

Source: www.ukconstitutionalgroup.org

Putting it off – NearlyLegal

Posted January 9th, 2014 in housing, landlord & tenant, news, service charges, tribunals by sally

‘Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure.’

Full story

NearlyLegal, 8th January 2014

Source: www.nearlylegal.co.uk

Reporting restrictions at courts martial: the need for a structured approach – UK Human Rights Blog

Posted January 9th, 2014 in courts martial, news, reporting restrictions by sally

‘On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. The charges against two of them were later dropped but the three remaining marines were tried for murder before the Court Martial. On 8 November 2013, Soldier A was found guilty of murder.’

Full story

UK Human Rights Blog, 8th January 2014

Source: www.ukhumanrightsblog.com

Criminal barristers’ earnings – a new low in government strategy – Legal Futures

Posted January 9th, 2014 in barristers, fees, industrial action, news, remuneration, statistics by sally

‘After what seems an all too brief season of peace and goodwill, hostilities between the government and criminal lawyers have rapidly resumed, and appear to have taken a more sinister turn.’

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Legal Futures, 9th January 2014

Source: www.legalfutures.co.uk

Smacking: what is the law and should it be changed? – Halsbury’s Law Exchange

Posted January 9th, 2014 in corporal punishment, crime, news, violence by sally

‘In an interview with the Independent, the Children’s Commissioner for England, Maggie Atkinson, has expressed her view that smacking should be banned. “Because in law you are forbidden from striking another adult, and from physically chastising your pets”, she said, “but somehow there is a loophole around the fact that you can physically chastise your child.”’

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Halsbury’s Law Exchange, 8th January 2014

Source: www.halsburyslawexchange.co.uk

Ministers respond to ruling on ‘life means life’ sentences – Daily Telegraph

Posted January 9th, 2014 in courts, human rights, news, sentencing by sally

‘Government will send Europe initial response to controversial Strasbourg ruling which said “whole life” tariffs are a breach of human rights.’

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Daily Telegraph, 9th January 2014

Source: www.telegraph.co.uk

Sentencing: Who’s soft? – BBC News

Posted January 9th, 2014 in news, prisons, sentencing, statistics by sally

‘It is the moment that the convicted criminal cares about most: how long are they going to get?’

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BBC News, 8th January 2014

Source: www.bbc.co.uk

Mark Duggan inquest key evidence: Was he really armed? Were the police under threat? – The Independent

Posted January 9th, 2014 in evidence, firearms, inquests, news, police by sally

‘To the police on the job, it started with a “textbook” stop of a minicab carrying a dangerous gangster. Three police cars forced Mark Duggan’s vehicle to pull over following intelligence that he had picked up a gun from a criminal associate.’

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The Independent, 9th January 2014

Source: www.independent.co.uk

Jail for man who wore Ku Klux Klan outfit and posed with lynched golliwog – The Guardian

Posted January 9th, 2014 in ASBOs, inciting racial hatred, news, racism, sentencing by sally

‘A university graduate who posted footage of himself online dressed in a Ku Klux Klan costume hanging a life-sized golliwog doll has been jailed for 12 months.’

Full story

The Guardian, 8th January 2014

Source: www.guardian.co.uk