Command Papers – official-documents.gov.uk

Posted February 4th, 2014 in parliamentary papers by sally

The Antarctic Treaty, Cm 8809 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Belgium, concerning Immigration Controls on Rail Traffic between Belgium and the United Kingdom using the Channel Fixed Link, Cm 8807 (PDF)

Protocol amending the Convention between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of the Netherlands for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital Gains, Cm 8799 (PDF)

Government Response to the Report of the Joint Committee on the Draft Deregulation Bill, Cm 8808 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 4th, 2014 in legislation by sally

The First-tier Tribunal (Property Chamber) Fees (Amendment) Order 2014

The Protection of Freedoms Act 2012 (Guidance on the Making or Renewing of National Security Determinations) Order 2014

The Industrial and Provident Societies and Credit Unions (Electronic Communications) Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 4th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Heibner, R. v (Rev 1) [2014] EWCA Crim 102 (23 January 2014)

Court of Appeal (Civil Division)

Emmett v Sisson [2014] EWCA Civ 64 (02 March 2014)

Criminal Injuries Compensation Authority v First-Tier Tribunal (Social Entitlement Chamber) [2014] EWCA Civ 65 (03 February 2014)

High Court (Chancery Division)

Pullan v Wilson & Ors [2014] EWHC 126 (Ch) (28 January 2014)

High Court (Administrative Court)

Binder v Public Prosecutor’s Office, Memmingem, Germany [2014] EWHC 133 (Admin) (03 February 2014)

Mills v General Dental Council [2014] EWHC 89 (Admin) (24 January 2014)

High Court (Commercial Court)

Euroil Ltd v Cameroon Offshore Petroleum SARL [2014] EWHC 52 (Comm) (14 January 2014)

High Court (Patents Court)

Cooke v Watermist Ltd [2014] EWHC 125 (Pat) (03 February 2014)

Source: www.bailii.org

Legal aid cuts could put Britain’s reputation for impartiality and fairness at risk – The Guardian

Posted February 4th, 2014 in civil justice, legal aid, news by sally

‘Britain’s international reputation for justice is not just a matter of pride: it also earns billions in exports.’

Full story

The Guardian, 4th February 2014

Source: www.guardian.co.uk

High Court refuses permission to appeal QASA ruling and makes maximum costs order – Legal Futures

Posted February 4th, 2014 in appeals, barristers, costs, news, quality assurance by sally

‘The High Court has today refused permission to appeal against the recent ruling on the Quality Assurance Scheme for Advocates (QASA).’

Full story

Legal Futures, 4th February 2014

Source: www.legalfutures.co.uk

Keir Starmer’s call for a “Victims’ Law” – all heart and no substance – Halsbury’s Law Exchange

Posted February 4th, 2014 in codes of practice, legislation, news, victims by sally

‘“From a victim’s point of view, our justice system is hardly fit for purpose.. “What is needed is a fundamental rethink, leading to a specific and legally enforceable Victims’ Law, alongside a real and radical shift in attitude and approach.”

So wrote former DPP Sir Kier Starmer QC in an article for the Guardian yesterday in which he proposed a “Victims’ Law”.’

Full story

Halsbury’s Law Exchange, 4th February 2014

Source: www.halsburyslawexhange.co.uk

Ann Juliette Roberts loses police stop-and-search case – BBC News

Posted February 4th, 2014 in appeals, human rights, London, news, police, race discrimination, stop and search by sally

‘A woman who was searched by police after refusing to pay a bus fare in London has had her appeal case over stop-and-search powers rejected.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

Government of the Republic of South Africa v Dewani (No 2) – WLR Daily

Posted February 4th, 2014 in extradition, law reports, mental health by sally

Government of the Republic of South Africa v Dewani (No 2) [2014] EWHC 153 (Admin); [2014] WLR (D) 41

‘A person who was currently unfit to plead, and might remain unfit to plead, was an accused person for the purposes of section 70(4)(a) of the Extradition Act 2003. It might be unjust and oppressive to order such a person’s extradition without considering whether an undertaking should be required from the requesting state to permit his return to the United Kingdom in the event it was found, after a reasonable time for further treatment in the requesting state, that he was likely to remain unfit.’

WLR Daily, 31st January 2014

Source: www.iclr.co.uk

Regina (Das) v Secretary of State for the Home Department and others – WLR Daily

Posted February 4th, 2014 in appeals, detention, immigration, law reports, mental health by sally

Regina (Das) v Secretary of State for the Home Department and others [2014] EWCA Civ 45; [2014] WLR (D) 39

‘Where the Secretary of State for the Home Department intended to remove from the United Kingdom a person suffering from a mental illness, whether that illness fell within the definition in the Secretary of State’s immigration detention policy of a “serious mental illness” which could not be satisfactorily managed within detention, so that the person could not be detained absent very exceptional circumstances, did not depend on whether the mental illness was of a level of requiring in-patient medical attention or rendering the person liable to being sectioned under the Mental Health Act 1983, but on whether in all the circumstances the person was “suffering” from the illness and the illness was serious enough to mean that it could not be satisfactorily managed in detention.’

WLR Daily, 28th January 2014

Source: www.iclr.co.uk

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) – WLR Daily

Posted February 4th, 2014 in appeals, confiscation, consent, law reports, Northern Ireland, Supreme Court by sally

Regina v Mackle (Patrick); Regina v Mackle (Plunkett Jude); Regina v Mackle (Benedict); Regina v McLaughlin (Henry) [2014] UKSC 5; [2014] WLR (D) 40

‘The fact that a confiscation order had been made by consent did not preclude a defendant from appealing against it on the ground that the consent had been based on a mistake of law as a result of wrong legal advice.’

WLR Daily, 29th January 2014

Source: www.iclr.co.uk

EVENT: The Bar Council – One Bar: one voice

Posted February 4th, 2014 in Forthcoming events by sally

‘An opportunity for the whole Bar to address the harmful effects of the Government’s changes to legal aid.

Speakers will include:
• Nicholas Lavender QC
Chairman of the Bar
• Nigel Lithman QC
Criminal Bar Association
•Timothy Fancourt QC
Chancery Bar Association
• Sarah Forshaw QC
South-Eastern Circuit.’

Date: 8th February 2014, 9.30am

Location: Great Hall, Lincoln’s Inn, London WC2A 3TL

Charge: Free

More information can be found here.

Finance and Divorce Update – Family Law Week

Posted February 4th, 2014 in divorce, family courts, fees, financial provision, McKenzie friends, news by sally

‘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 January.’

Full story

Family Law Update, 2nd February 2014

Source: www.familylawweek.co.uk

‘Chilling’ Prestwich sex attacker is jailed – BBC News

Posted February 4th, 2014 in assault, DNA, guilty pleas, news, robbery, sentencing, sexual offences by sally

‘A man who tried to rape a woman in a “chilling” attack while she was on the phone to police has been jailed.’

Full story

BBC News, 3rd February 2014

Source: www.bbc.co.uk

Woman falls to death days after man accused of raping her is cleared – Daily Telegraph

Posted February 4th, 2014 in complaints, evidence, news, police, rape, suicide by sally

‘The Independent Police Complaints Commission is to investigate the death of a woman who twice gave evidence in the trial of a man accused of raping her.’

Full story

Daily Telegraph, 3rd February 2014

Source: www.telegraph.co.uk

No more getting your clerk to do it – BSB bids to improve barristers’ diversity reporting – Legal Futures

Posted February 4th, 2014 in barristers, diversity, news by sally

‘The Bar Standards Board (BSB) is set to introduce a series of measures to improve diversity reporting among barristers after the vast majority refused to answer many of the questions posed about their backgrounds.’

Full story

Legal Futures, 4th February 2014

Source: www.legalfutures.co.uk

Whole life sentences – the issues before the Court of Appeal – Halsbury’s Law Exchange

Posted February 4th, 2014 in appeals, human rights, news, sentencing by sally

‘On 24 January 2014, a five-judge Court of Appeal sat to hear the latest in the legal-political battle between London and Strasbourg.’

Full story

Halsbury’s Law Exchange, 3rd February 2014

Source: www.halsburyslawexchange.co.uk

Supreme Court to rule on deregistration of town and village greens – Local Government Lawyer

‘The Supreme Court is set to rule this week on two conjoined cases concerning whether it is just to de-register land registered as a town or village green when there was a legal error that led to the registration.’

Full story

Local Government Lawyer, 4th February 2014

Source: www.localgovernmentlawyer.co.uk

Sex offenders freed from prison without treatment will ‘create more victims’ – The Independent

Posted February 4th, 2014 in news, persistent offenders, recidivists, rehabilitation, sexual offences by sally

‘Prisons across England and Wales are routinely releasing dangerous sex offenders without putting them through treatment programmes because budget cuts have left places critically scarce.’

Full story

The Independent, 3rd February 2014

Source: www.independent.co.uk

Thomas Baird trial: James Carbott guilty of murder and arson – BBC News

Posted February 4th, 2014 in arson, murder, news by sally

‘A man who beat and stabbed his ex-partner’s father before setting his body alight has been found guilty of murder and arson.’

Full story

BBC News, 3rd February 2014

Source: www.bbc.co.uk

Revealed: Thousands of rape cases thrown out as charges fall following new CPS guidelines – The Independent

Posted February 4th, 2014 in Crown Prosecution Service, news, prosecutions, rape by sally

‘The Crown Prosecution Service is investigating whether thousands of suspected rape cases have been wrongly discontinued over the last two years because police forces or its own lawyers are misinterpreting official guidelines.’

Full story

The Independent, 4th February 2014

Source: www.independent.co.uk