13/05/2014 – Current Awareness

‘Social policy towards those without capacity changed on 19 March 2014. It changed not as a result of a public discussion about the issue but because of a judgment given by the Supreme Court – Cheshire West [2014] UKSC 19. The change was not preceded by a Royal Commission, Green Paper, debate in Parliament or any other engagement with the public, but after seven judges received legal submissions from 17 barristers. The change was not determined by the needs of those in care, but by the requirements of human rights laws.’

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Halsbury’s Law Exchange, 13th May 2014

Source: www.halsburyslawexchange.co.uk

Legal aid cuts: justice secretary’s lawyers intervene over abandoned case – The Guardian

Posted May 13th, 2014 in barristers, fraud, industrial action, legal aid, Ministry of Justice, news, trials by sally

‘Lawyers for the justice secretary, Chris Grayling, have intervened in an emergency appeal court hearing in an attempt to resolve a dispute over legal aid cuts that has halted all complex fraud trials.’

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The Guardian, 13th May 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 13th, 2014 in law reports by sally

Supreme Court

L Batley Pet Products Ltd v North Lanarkshire Council (Scotland) [2014] UKSC 27 (08 May 2014)

Barnes (as former Court Appointed Receiver) v The Eastenders Group & Anor [2014] UKSC 26 (08 May 2014)

Court of Appeal (Criminal Division)

Golding, R v [2014] EWCA Crim 889 (08 May 2014)

Court of Appeal (Civil Division)

Holder v Gedling Borough Council & Ors [2014] EWCA Civ 599 (08 May 2014)

Saigol v Thorney Ltd (t/a Thorney Motorsport) [2014] EWCA Civ 556 (08 May 2014)

Manolete Partners Plc v Hastings Borough Council [2014] EWCA Civ 562 (07 May 2014)

High Court (Chancery Division)

Friends Life Management Services Ltd v A & A Express Building Ltd [2014] EWHC 1463 (Ch) (09 May 2014)

Arbuthnott v Bonnyman & Ors [2014] EWHC 1410 (Ch) (08 May 2014)

High Court (Administrative Court)

Mohamed, R (On the Application Of) v Secretary of State for the Home Department [2014] EWHC 1405 (Admin) (08 May 2014)

A & Anor, R (on the application of) v Secretary of State for Health [2014] EWHC 1364 (Admin) (08 May 2014)

Singh, R (on the application of) v Ealing Magistrates Court & Anor [2014] EWHC 1443 (Admin) (08 May 2014)

Andrews, R (on the application of) v Secretary of State for Environment Food and Rural Affairs [2014] EWHC 1435 (Admin) (08 May 2014)

High Court (Commercial Court)

Mid-East Sales Ltd v United Engineering And Trading Company (PVT) Ltd & Anor [2014] EWHC 1457 (Comm) (09 May 2014)

Family Court Decisions (High Court Judges)

N (A Child) (Adoption Order) [2014] EWFC 1491 (02 May 2014)

Source: www.bailii.org

Mitchell reaches hire? – Hardwicke Chambers

Posted May 13th, 2014 in appeals, civil procedure rules, disclosure, insurance, news by sally

‘Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appeal case of Zurich v Umerji [2014] EWCA Civ 357 handed down on 25 March 2014 is an important case on credit hire for both Claimants and Defendants. Its impact is likely to resound further in light of the Jackson reforms as clarified by Mitchell v News Group Newspapers [2013] EWCA Civ 1537.’

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Hardwicke Chambers, 2nd May 2014

Source: www.hardwicke.co.uk

Simon Olsen jailed for murdering former boss Steven Langley – BBC News

Posted May 13th, 2014 in guilty pleas, murder, news, sentencing by sally

‘A former employee has been jailed for life after pleading guilty to murdering the boss of a Kent fishing business.’

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BBC News, 12th May 2014

Source: www.bbc.co.uk

Immigration judges block foreign killer’s deportation on ‘human rights’ grounds – Daily Telegraph

Posted May 13th, 2014 in anonymity, appeals, deportation, families, human rights, immigration, news, tribunals, violent offenders by sally

‘Somali man convicted of manslaughter defeats bid to remove him from Britain, despite being single man with no children.’

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Daily Telegraph, 12th May 2014

Source: www.telegraph.co.uk

Press has no direct role in welfare proceedings in Court of Protection – UK Human Rights Blog

Posted May 13th, 2014 in Court of Protection, human rights, media, mental health, news, public interest, third parties, trials by sally

‘Sir James Munby, President of the Court of Protection has ruled that the Daily Mail has no standing to be joined as a party in welfare proceedings in relation to a vulnerable adult who has been declared by the courts as lacking capacity under the Mental Health Act.’

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UK Human Rights Blog, 12th May 2014

Source: www.ukhumanrightsblog.com

Council tax liability and void properties – Hardwicke Chambers

Posted May 13th, 2014 in charities, council tax, housing, local government, news, regulations, taxation by sally

‘Section 4 of the Local Government Finance Act 1992 (“LGF92”) provides that council tax is payable1 on any dwelling which is not an “exempt dwelling”. A dwelling is an “exempt dwelling” if it is “of a class prescribed by an order made by the Secretary of State”2 and thereby falls into one of 23 categories provided for by the Order.’

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Hardwicke Chambers, 30th April 2014

Source: www.hardwicke.co.uk

Dog attacks to be punished with longer jail terms for owners – BBC News

Posted May 13th, 2014 in dogs, imprisonment, news, penalties, sentencing by sally

‘Tougher penalties have come into force for dog owners in England and Wales who allow their pets to attack people.’

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BBC News, 13th May 2014

Source: www.bbc.co.uk