Day: 20 June 2014

Regina v Ahmad and another; Regina v Fields and others – WLR Daily

Posted June 20th, 2014 in appeals, apportionment, assets recovery, confiscation, conspiracy, fraud, joint enterprise, law reports, proceeds of crime, sentencing, Supreme Court, VAT by tracey

Regina v Ahmad and another: Regina v Fields and others: [2014] UKSC 36; [2014] WLR (D) 264

‘Where the court, in confiscation proceedings, found that the benefit of the relevant criminal conduct had been jointly obtained, each defendant was liable for the whole of the amount of the benefit and no apportionment was to be made between the co-defendants. However, to avoid double recovery by the state, where there was finding of joint obtaining, so that the confiscation order in respect of each defendant was made for the value of the whole benefit, the order would contain the condition that it would not to be enforced to the extent that a sum had been recovered by way of satisfaction of another confiscation order made in relation to the same joint benefit.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Regina (Nunn) v Chief Constable of Suffolk Constabulary – WLR Daily

Posted June 20th, 2014 in appeals, disclosure, evidence, forensic science, law reports, murder, Supreme Court by tracey

Regina (Nunn) v Chief Constable of Suffolk Constabulary: [2014] UKSC 37; [2014] WLR (D) 265

‘Where, after a defendant’s trial had ended in his conviction, material came to light which might cast doubt on the safety of the conviction, the prosecutors’ duty of disclosure required him to disclose that material to the defendant, unless there were good reason not to do so, and, where there was a real prospect that further inquiry might reveal such material, to make that inquiry. There was, however, no indefinitely continuing duty on police or prosecutors to respond to whatever inquiries the defendant might make for access to case materials to allow re-investigation.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another – WLR Daily

Posted June 20th, 2014 in EC law, human rights, immigration, judicial review, law reports, legal aid by tracey

Regina (Gudanaviciene and others) v Director of Legal Aid Casework and another: [2014] EWHC 1840 (Admin); [2014] WLR (D) 266

‘The Lord Chancellor’s Exceptional Funding Guidance (Non-Inquests) issued under section 4 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, applied by the Legal Aid Agency in withholding legal aid in immigration cases, was unlawful in that it set too high a threshold.’

WLR Daily, 13th June 2014

Source: www.iclr.co.uk

Hayes v Hayes – WLR Daily

Posted June 20th, 2014 in appeals, bankruptcy, civil procedure rules, cross-examination, law reports by tracey

Hayes v Hayes: [2014] WLR (D) 267

‘Cross-examination was not appropriate on the hearing of a bankruptcy petition. The appeal court should be slow to depart from the regular practice of registrars, which was to decide such hearings without cross-examination. The insolvency court was not a suitable forum for the trying of disputes.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same – WLR Daily

Posted June 20th, 2014 in asylum, law reports, refugees, Sri Lanka by tracey

MP (Sri Lanka) v Secretary of State for the Home Department (Tamils against Genocide intervening): NT (Sri Lanka) v Same: [2014] EWCA Civ 829; [2014] WLR (D) 268

‘When formulating country guidance for Sri Lanka in relation to individuals likely to be in need of international refugee protection the Upper Tribunal had been justified in departing from the more generous UNHCR Guidelines in setting out what the risk categories were.’

WLR Daily, 18th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 20th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Dawson v Thomson Airways Ltd [2014] EWCA Civ 845 (19 June 2014)

Monfared v Chartered Society of Physiotherapy [2014] EWCA Civ 828 (19 June 2014)

Loose v Lynn Shellfish Ltd & Ors [2014] EWCA Civ 846 (19 June 2014)

Europa Oil And Gas Ltd v Secretary of State for Communities And Local Government & Ors [2014] EWCA Civ 825 (19 June 2014)

Tabbakh, R (On the Application Of) v Staffordshire And West Midlands Probation Trust & Anor [2014] EWCA Civ 827 (19 June 2014)

GMGRM North Ltd & Ors, R (On the Application Of) v Ritchie (Revenue And Customs) & Anor [2014] EWCA Civ 844 (19 June 2014)

Family Court Decisions (other Judges)

P (A Child: Assessment of Kinship Carers) [2014] EWFC B73 (16 June 2014)

High Court (Chancery Division)

Kaur v Dhaliwal & Anor [2014] EXHC 1991 (Ch) (17 June 2014)

High Court (Commercial Court)

Newland Shipping And Forwarding Limited v Toba Trading Fzc Seyed Majed Taheri Hossein Rahbarian [2014] EWHC 1986 (Comm) (18 June 2014)

Grizzly Business Ltd v Stena Drilling Ltd & Anor [2014] EWHC 1920 (Comm) (13 June 2014)

High Court (Family Division)

Z (Children), Re [2014] EWHC 1999 (Fam) (18 June 2014)

High Court (Technology and Construction Court)

Americhem Europe Ltd v Rakem Ltd [2014] EWHC 1881 (TCC) (13 June 2014)

Stagecoach South Western Trains Ltd v Hind & Anor [2014] EWHC 1891 (TCC) (11 June 2014)

Source: www.bailii.org

Court of Appeal rules against second airline on flight delays – Law society’s Gazette

Posted June 20th, 2014 in airlines, appeals, compensation, delay, limitations, news by tracey

‘The aviation industry has suffered another court defeat after an appeal judge ruled claims can be made up to six years after a flight delay.’

Full story

Law Society’s Gazette, 20th June 2014

Source: www.lawgazette.co.uk

Female Genital Mutilation: Protection v Punishment – Family Law Week

Posted June 20th, 2014 in children, female genital mutilation, news by tracey

‘In anticipation of the Commons Home Affairs Select Committee’s report into FGM, Melanie Hepworth, Solicitor at Covent Garden Family Law, calls for greater awareness of the violence threatened to thousands of girls in the UK.’

Full story

Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

Can A Consent Order Be Set Aside In Financial Proceedings? – Family Law week

Posted June 20th, 2014 in case management, consent orders, news, practice directions, setting aside by tracey

‘In the light of TF v PJ [2014] EWHC 1780 (Fam), Francis Wilkinson, barrister of Field Court Chambers, asks whether an application to set aside is permissible where there has been a change of circumstances which undermines the basis of a consent order – and suggests an answer.’

Full story

Family Law Week, 18th June 2014

Source: www.familylawweek.co.uk

Rogue landlords exploit deposit protection loophole – The Guardian

Posted June 20th, 2014 in consumer protection, deposits, landlord & tenant, news by tracey

‘Legislation to rein in bad landlords and agents can leave tenants out of pocket.’

Full story

The Guardian, 19th June 2014

Source: www.guardian.co.uk

Immigration inspector warns of rise in proxy marriage misuse – The Guardian

Posted June 20th, 2014 in fraud, immigration, marriage, news by tracey

‘The chief inspector of borders has warned of increasing abuse of overseas “proxy marriages”, at which neither party is present at the ceremony, as a way to subvert British immigration rules.’

Full story

The Guardian, 19th June 2014

Source: www.guardian.co.uk

EU ruling goes against ministers on pregnant benefit claimant – The Guardian

Posted June 20th, 2014 in benefits, domicile, EC law, news, pregnancy, references to European Court by tracey

‘A pregnant French woman, who was denied benefits in the UK because she was not considered to be “a worker”, had been entitled to the payments, the European Court of Justice has ruled. Jessy Saint Prix gave up work as a teaching assistant and was denied income support. Non-UK residents are not entitled to the benefit – unless they have acquired the status of worker in EU law. The case now returns to the Supreme Court for a final ruling.’

Full story

The Guardian, 19th June 2014

Source: www.guardian.co.uk

Watchdog attacks the government’s handling ‘fiasco’ of disability payouts – The Guardian

Posted June 20th, 2014 in benefits, budgets, contracting out, disabled persons, news by tracey

‘The government’s handling of personal independence payments (Pips) has been “nothing short of a fiasco” that has caused distress to thousands of sick and disabled people, parliament’s public spending watchdog has found.’

Full story

The Guardian, 20th June 2014

Source: www.guardian.co.uk

Gleision: Mine death families call for answers – BBC News

Posted June 20th, 2014 in health & safety, homicide, inquests, miners, news by tracey

‘The families of miners who drowned when 650,000 gallons of water flooded a mine want to know why the men were working near an area where water was suspected. Charles Breslin, 62, David Powell, 50, Philip Hill, 44, and Garry Jenkins, 39, died at the Gleision colliery when a controlled explosion let in the water. The mine’s manager and owners were cleared of manslaughter on Thursday.’

Full story

BBC News, 20th June 2014

Source: www.bbc.co.uk