Day: 29 January 2014

Ian Brady – the Mental Health Tribunal’s decision commented upon by Denise Marson – Sovereign Chambers

Posted January 29th, 2014 in codes of practice, detention, health & safety, hospitals, mental health, murder, news, prisons, transfer of prisoners, tribunals by sally

‘On the 24th January 2014 the First-Tier Tribunal (Health, Education and Social Care)(Mental Health) published its reasons for the Tribunal’s decision regarding Mr Brady’s application for discharge which had received wide-ranging media attention at the latter end of 2013. Mr Brady’s application was to be discharged from Ashworth High Secure Hospital and be returned to prison. There was no possibility of him being discharged directly into the community by the Tribunal. He is now 75 years old.’

Full story

Sovereign Chambers, 29th January 2014

Source: www.sovereignchambers.co.uk

A Practical Guide To POCA & Unused Material: A Defence Perspective – Six Pump Court

Posted January 29th, 2014 in confiscation, criminal procedure, defence, disclosure, news, prosecutions by sally

‘It is easy to forget or overlook the fact that the Criminal Procedure & Investigations Act 1996 applies equally to confiscation proceedings as it does to the substantive criminal proceedings that have resulted in the defendant being convicted in the first place (something that prosecutors do themselves on a regular basis and only appreciate its significance when the contents of their own website are brought to their attention, see “Chapter 21: Disclosure of Unused Material Created in the Course of Financial Investigations”).’

Full story (Word)

Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

BAILII: Recent Decisions

Posted January 29th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Virgin Media Ltd, R (on the application of) v Zinga [2014] EWCA Crim 52 (24 January 2014)

Cooke, & Ors, R. v [2014] EWCA Crim 53 (24 January 2014)

High Court (Queen’s Bench Division)

Aster Healthcare Ltd v Shafi (Estate of) [2014] EWHC 77 (QB) (24 January 2014)

High Court (Family Division)

A Local Authority v DG & Ors [2014] EWHC 63 (Fam) (24 January 2014)

Divall v Divall [2014] EWHC 95 (Fam) (24 January 2014)

High Court (Technology and Construction Court)

Twintec Ltd v Volkerfitzpatrick Ltd [2014] EWHC 10 (TCC) (24 January 2014)

High Court (Commercial Court)

Interprods Ltd v De La Rue International Ltd [2014] EWHC 68 (Comm) (27 January 2014)

Glencore Energy UK Ltd v Cirrus Oil Services Ltd [2014] EWHC 87 (Comm) (24 January 2014)

High Court (Patents Court)

Astrazeneca AB & Anor v KRKA, DD Novo Mesto & Anor [2014] EWHC 84 (Pat) (24 January 2014)

Source: www.bailii.org

Is a cheque book better than a defence statement? – Six Pump Court

Posted January 29th, 2014 in criminal justice, financial regulation, fines, news, penalties, prosecutions, public interest by sally

‘There has recently been a subtle movement away from the traditional approach deployed by the State to tackle economic crime and its consequences. Whilst the criminal justice system is wheeled out and deployed in the more serious or headline capturing cases, there appears to have been a concerted attempt by the government to impose economic penalties and fines upon individuals and companies involved in financial misfeasance through the civil or regulatory route and thus sidestepping the more traditional criminal one.’

Full story (Word)

Six Pump Court, 29th January 2014

Source: www.6pumpcourt.co.uk

Proving and disproving discrimination – Cloisters

Posted January 29th, 2014 in burden of proof, employment, equality, harassment, news by sally

‘This talk looks at the legal and practical tools available to employment lawyers to prove or disprove direct discrimination and harassment, exploring in particular three areas:

a. How judges apply the burden of proof s136(2)(3) EA 2010
b. What is the role of Comparators in light of the Supreme Court decision of Hewage v Grampian Health Board [2012] ICR 1054, SC
c. What role does knowledge of the protected characteristic now play in light of IPC Media Ltd v Millar [2013] IRLR 707.’

Full story (PDF)

Cloisters, 14th January 2014

Source: www.cloisters.com

Command Papers – official-documents.gov.uk

Posted January 29th, 2014 in parliamentary papers by sally

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of the Philippines Concerning Air Services, Cm 8650 (PDF)

Government response to the Communities and Local Government Select Committee Report: Community Budgets, Cm 8794 (PDF)

Protocol amending the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of India for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains Signed at New Delhi on 25 January 1993, Cm 8792 (PDF)

Convention between the United Kingdom of Great Britain and Northern Ireland and the Kingdom of Norway for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains, Cm 8801 (PDF)

Fourth Annual Report to Parliament on the Application of Protocols 19 and 21 to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) (“the Treaties”) in Relation to EU Justice and Home Affairs (JHA) matters (1 December 2012 – 30 November 2013), Cm 8772 (PDF)

Convention between the United Kingdom of Great Britain and Northern Ireland and the Republic of Panama for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains, Cm 8798 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 29th, 2014 in legislation by sally

The National Health Service (General Medical Services Contracts) (Prescription of Drugs Etc.) (Wales) (Amendment) Regulations 2014

The Welfare Benefits Up-rating Order 2014

The Prohibition of Keeping or Release of Live Fish (Specified Species) (England) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 29th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Jefferson v O’Connor [2014] EWCA Civ 38 (28 January 2014)

Solihull Metropolitan Borough Council v Khan [2014] EWCA Civ 41 (28 January 2014)

Das, R (on the application of) v Secretary of State for the Home Department & Anor [2014] EWCA Civ 45 (28 January 2014)

Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2014] EWCA Civ 5 (28 January 2014)

High Court (Chancery Division)

Boxing Brands Ltd v Sports Direct International Plc & Ors [2014] EWHC 91 (Ch) (28 January 2014)

Park v Cho & Ors [2014] EWHC 55 (Ch) (24 January 2014)

High Court (Administrative Court)

S, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 50 (Admin) (28 January 2014)

Source: www.bailii.org

Three charged with stealing food from skip behind Iceland supermarket – The Guardian

Posted January 29th, 2014 in burglary, Crown Prosecution Service, food, news, public interest, vagrancy, waste by sally

‘Crown Prosecution Service claims there is “significant public interest” in prosecuting men arrested for taking discarded food.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

Regina (Hicks and others) v Commissioner of Police of the Metropolis – WLR Daily

Posted January 29th, 2014 in appeals, detention, human rights, judicial review, law reports, police, public order by sally

Regina (Hicks and others) v Commissioner of Police of the Metropolis [2014] EWCA Civ 3; [2014] WLR (D) 30

‘Arrests made because the police had reasonable grounds for believing a breach of the peace was imminent and effected for the purpose of bringing those arrested before the magistrates’ court, if that were to become necessary, so as to prolong detention on a lawful basis, complied with article 5(1)(c) of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd) v Same; Regina (Heathrow Hub Ltd and another) v Same – WLR Daily

Posted January 29th, 2014 in appeals, bills, consent, EC law, environmental protection, judicial review, law reports, local government, news, planning, railways, Supreme Court, transport by sally

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport; Regina ( HS2 Action Alliance Ltd)vSame; Regina (Heathrow Hub Ltd and another) v Same [2014] UKSC 3; [2014] WLR (D) 28

‘The Government’s paper High Speed Rail: Investing in Britain’s Future—Decisions and Next Steps (2012) (Cm 8247) (“the DNS”), in which it had set out its proposed strategy for the promotion, construction and operation of a new high speed rail network, was not a plan or programme which set the framework for future development consent by the decision-maker (ie Parliament) and thus did not come within the scope of the Strategic Environmental Assessment Directive (Parliament and Council Directive 2001/42/EC) (“the SEA Directive”).’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

ZZ (France) v Secretary of State for the Home Department (No 2) – WLR Daily

Posted January 29th, 2014 in appeals, confidentiality, disclosure, EC law, freedom of movement, immigration, law reports, news by sally

ZZ (France) v Secretary of State for the Home Department (No 2) [2014] EWCA Civ 7; [2014] WLR (D) 26

‘Where the state authority refused to permit a citizen of the European Union admission to the United Kingdom on grounds of public security, the national court had to ensure, as a minimum requirement, that he was informed of the essence of the grounds of the decision. While the manner in which that was done had to take due account of the necessary confidentiality of the related evidence against him, the need to protect such confidentiality was not capable of justifying non-disclosure of the essence of the grounds.’

WLR Daily, 24th January 2014

Source: www.iclr.co.uk

Regina (Boots Management Services Ltd) v Central Arbitration Committee – WLR Daily

Posted January 29th, 2014 in collective agreements, employment, human rights, law reports, remuneration, trade unions by sally

Regina (Boots Management Services Ltd) v Central Arbitration Committee [2014] EWHC 65 (Admin); [2014] WLR (D) 25

‘The right guaranteed by article 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms of individuals to form and to join trade unions for the protection of their interests encompassed the right to engage in collective bargaining relating to the terms and conditions of employment of a particular group of workers.’

WLR Daily, 22nd January 2014

Source: www.iclr.co.uk

In re St Chad, Bishop’s Tachbrook – WLR Daily

Posted January 29th, 2014 in burials and cremation, ecclesiastical law, faculties, law reports, planning by sally

In re St Chad, Bishop’s Tachbrook [2014] WLR (D) 24

‘The fact that a churchyard was still in use for burials and interments and that a proposed building would take up space which could otherwise be used for burials was a relevant factor but not necessarily determinative of a petition for a faculty. In an appropriate case permission could be given for a building even if it reduced space available for burials since there was now greater flexibility to permit the secular use of consecrated land. Not every secular use would be permissible; the decision whether to permit such use would be a matter of fact and degree with the nature, extent, and permanence of the proposed secular use all being relevant.’

WLR Daily, 9th January 2014

Source: www.iclr.co.uk

Mental Health Act detentions up 12% – BBC News

Posted January 29th, 2014 in detention, hospitals, mental health, news, quality assurance, standards, statistics by sally

‘The number of people in England being detained under the Mental Health Act has risen by 12% in the past five years, according to the NHS regulator.’

Full story

BBC News, 28th January 2014

Source: www.bbc.co.uk

Impossible Preference: Excluding the homeless from housing lists – NearlyLegal

Posted January 29th, 2014 in appeals, homelessness, housing, judicial review, local government, news by sally

‘This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies. The central issue is the Council’s ability under the Act to set an allocation policy that includes ‘qualifying classes’ and excludes other classes.’

Full story

NearlyLegal, 28th January 2014

Source: www.nearlylegal.co.uk

Bar Council chairman: further legal aid cuts would be false economy – The Guardian

Posted January 29th, 2014 in barristers, budgets, criminal justice, fees, legal aid, miscarriage of justice, news by sally

‘There will be too few experienced barristers to deal with complex criminal cases if the government pushes through proposals for further cuts to legal aid, the new chairman of the Bar Council has warned.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk

Freedom of Information: But What is Information? The Upper Tribunal Opines – Panopticon

Posted January 29th, 2014 in appeals, disclosure, documents, freedom of information, interpretation, news, tribunals by sally

‘We all know that section 1 gives us a right to request information from listed public authorities, but what does “information” mean? Information is defined by section 84 of FOIA (“‘information’ (subject to sections 51(8) and 75(2)) means information recorded in any form”). This somewhat opaque definition has generally been treated as meaning that a request is for information. It is not for copies of documents. If the public authority wants to type out the document in a different format, they can, so long as the information contained within that document is provided.’

Full story

Panopticon, 28th January 2014

Source: www.panopticonblog.com

Handling of female asylum seekers ‘puts UK to shame’ – The Independent

Posted January 29th, 2014 in asylum, detention, human rights, immigration, news, rape, statistics, torture, women by sally

‘The hidden plight of women asylum seekers detained in Britain is exposed today as a major new report warns that female rape and torture victims are being locked up indefinitely, suffering from depression and being intimidated by male guards.’

Full story

The Independent, 29th January 2014

Source: www.independent.co.uk

16-year laptop credit agreement fight reaches supreme court – The Guardian

Posted January 29th, 2014 in consumer credit, consumer protection, contracts, news, sale of goods, Supreme Court by sally

‘A man embroiled in a mammoth 16-year legal battle over a laptop found himself in the “absurd and horrid” position of having to keep paying for an item he had already returned to the shop, the supreme court has been told.’

Full story

The Guardian, 28th January 2014

Source: www.guardian.co.uk