Day: 27 June 2014

Phone hacking trial: a lesson for future high profile cases – Halsbury’s Law Exchange

Posted June 27th, 2014 in interception, news, parliamentary privilege, sub judice by tracey

‘David Cameron has been rebuked by Mr Justice Saunders for comments made about Andy Coulson whilst the jury in the “phone hacking” case were still in deliberation over two remaining charges. Cameron apologised to the House of Commons in “full and frank” terms for hiring Coulson in 2007, who he said had given false assurances about his involvement in phone hacking.’

Full story

Halsbury’s Law Exchange, 26th June 2014

Source: www.halsburyslawexchange.co.uk

Nuisance claims firms face huge fines – Ministry of Justice

Posted June 27th, 2014 in claims management, fines, personal injuries, press releases by tracey

‘Lord Faulks QC has today announced rogue claims firms providing a bad service and bombarding people with nuisance calls will face large fines.’

Full press release

Ministry of Justice, 27th June 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Conservation Covenants – Law Commission

Posted June 27th, 2014 in covenants, environmental protection, reports by tracey

‘A report recommending a new statutory scheme be established to allow landowners to ensure the long-term conservation of features on their land such as forests, habitats and historic buildings.’

Full report

Law Commission, 24th June 2014

Source: www.justice.gov.uk/lawcommission

Religion, The Rule of Law and Discrimination – Speech by Sir Terence Etherton

Posted June 27th, 2014 in homosexuality, human rights, religious discrimination, rule of law, sexual orientation discrimination, speeches by tracey

‘Speech by Sir Terence Etherton: Religion, The Rule of Law and Discrimination – 2014 Gray’s Inn Reading at Barnard’s Inn.’

Full speech

Judiciary of England & Wales, 26th June 2014

Source: www.judiciary.gov.uk

The Hershman Levy Memorial Lecture 2014 – Speech by The Rt Hon Sir Andrew McFarlane

Posted June 27th, 2014 in children, contact orders, parental responsibility, residence orders, speeches by tracey

‘Speech by The Rt Hon Sir Andrew McFarlane: The Hershman Levy Memorial Lecture 2014 – Association of Lawyers for Children.’

Full speech

Judiciary of England and Wales, 26th June 2014

Source: www.judiciary.gov.uk

Surrogacy overseas – Home Office

Posted June 27th, 2014 in citizenship, immigration, news, surrogacy by tracey

‘Information for British nationals who are considering entering into surrogacy arrangements in foreign countries.’

Full text

Home Office, 26th June 2014

Source: www.gov.uk/home-office

Home Secretary announces review of undercover policing cases – Home Office

Posted June 27th, 2014 in miscarriage of justice, police, press releases, prosecutions, spying by tracey

‘Home Secretary Theresa May today announced details of a review of criminal convictions in cases involving undercover police officers.’

Full press release

Home Office, 26th June 2014

Source: www.gov.uk/home-office

Mini-pupils in chambers: legal and ethical issues – The Bar Council

Posted June 27th, 2014 in data protection, news, privacy, professional conduct, pupillage by tracey

‘The Bar Council’s Professional Practice Committee (PPC) has published a new document covering mini-pupils.’

Full text

The Bar Council, 26th June 2014

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 27th, 2014 in legislation by tracey

The Code of Practice (Handling in a Reasonable Manner Requests to Work Flexibly) Order 2014

The Marriage (Same Sex Couples) Act 2013 (Commencement No. 3) Order 2014

The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2014

The Children and Families Act 2014 (Commencement No. 3, Transitional Provisions and Savings) Order 2014

The Proscribed Organisations (Name Changes) Order 2014

The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) (Amendment) (No. 3) Regulations 2014

Source: www.legislation.gov.uk

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child) – WLR Daily

Posted June 27th, 2014 in appeals, child abduction, children, disclosure, human rights, jurisdiction, law reports, news, parental responsibility, passports, proportionality by tracey

In re B (A Child) (Wrongful Removal: Order to Secure Return of Child): [2014] EWCA Civ 843; [2014] WLR (D) 283

‘Although there was no doubt that there were circumstances in which the High Court, in exercise of its inherent jurisdiction, could properly make an order requiring someone to lodge their passport with the court or with some suitable custodian it was not permissible to make such an order to compel a third party without parental responsibility, or any other form of power or control over the child, to take steps to secure the return of an abducted child. Furthermore, where the subject of the order was not yet 17 it was simply wrong as a matter of principle to attach a penal notice to the order since a child could not be imprisoned or detained for contempt.’

Source: www.iclr.co.uk

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates) – WLR Daily

Posted June 27th, 2014 in abuse of process, appeals, employment, employment tribunals, estoppel, harassment, law reports, limitations, race discrimination, striking out by tracey

Agbenowossi-Koffi v Donvand Ltd (t/a Gullivers Travel Associates): [2014] EWCA Civ 855; [2014] WLR (D) 282

‘Where a claim of race discrimination had been dismissed on limitation grounds those allegations could not be repeated in a second claim together with additional allegations which could have been included in the first claim but had not been, in order to avoid the limitation defence by founding a claim based on conduct extending over a period of time. The second claim was an abuse of process.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening); [2014] EWCA Civ 854; [2014] WLR (D) 281 – WLR Daily

Posted June 27th, 2014 in asylum, EC law, human rights, Islam, law reports, religious discrimination by tracey

Regina (Baradaran and another) v Secretary of State for the Home Department (Sikh Council Hampshire intervening): [2014] EWCA Civ 854; [2014] WLR (D) 281

‘The removal of a female Muslim claimant of school age to France, where she had first claimed asylum and which had accepted responsibility for that claim, did not breach her Convention rights to a private and family life and freedom of religion by reason of a French law prohibiting the wearing of religious symbols and clothing in state schools.’

WLR Daily, 24th June 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted June 27th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

A (A Child) [2014] EWCA Civ 871 (26 June 2014)

EV (Philippines) & Ors v Secretary of State for the Home Department [2014] EWCA Civ 874 (26 June 2014)

Temur v London Borough of Hackney [2014] EWCA Civ 877 (26 June 2014)

Akhtar v Boland [2014] EWCA Civ 872 (25 June 2014)

Court of Appeal (Criminal Division)

Ashford & Ors v Southampton City Council [2014] EWCA Crim 1244 (25 June 2014)

High Court (Administrative Court)

Sweeney v Westminster Magistrates Court & Anor [2014] EWHC 2068 (Admin) (25 June 2014)

Taylor Wimpey West London v Secretary of State for Communities and Local Government & Ors [2014] EWHC 2082 (Admin) (25 June 2014)

High Court (Chancery Division)

American Leisure Group Ltd v Garrard & Ors [2014] EWHC 2101 (Ch) (26 June 2014)

Group Seven Ltd & Anor v Allied Investment Corporation Ltd & Ors [2014] EWHC 2046 (Ch) (26 June 2014)

High Court (Patents Court)

Koninklijke Philips Electronics NV v Nintendo of Europe GmbH [2014] EWHC 1959 (Pat) (20 June 2014)

High Court (Queen’s Bench Division)

Baker v The British Boxing Board of Control [2014] EWHC 2074 (QB) (25 June 2014)

RMJ v The Secretary of State for the Home Department [2014] EWHC 2048 (QB) (24 June 2014)

Source: www.bailii.org      

Supreme Court is supreme, says Neuberger – Law Society’s Gazette

Posted June 27th, 2014 in constitutional law, human rights, news, select committees, Supreme Court by tracey

‘No legislative change is needed to enable the Supreme Court to deviate from rulings of the European Court of Human Rights, the Supreme Court’s president told peers today.’

Full story

Law Society’s Gazette, 25th June 2014

Source: www.lawgazette.co.uk

Rogue CMCs to face massive new fines – Law Society’s Gazette

Posted June 27th, 2014 in claims management, fines, news, personal injuries by tracey

‘Rogue claims management companies that use information based on cold calling or spam texts could face seven-figure fines under new government powers.’

Full story

Law Society’s Gazette, 27th June 2014

Source: www.lawgazette.co.uk

Criminalising Forced Marriage – The Deterrent Effect – Family Law Week

Posted June 27th, 2014 in crime, families, forced marriages, marriage, news, prosecutions, victims by tracey

‘Danish Ameen, barrister of 18 St John Street Chambers, considers the impact of the criminalisation of forced marriage which came into effect on the 16th June 2014.’

Full story

Family Law Week, 26th June 2014

Source: www.familylawweek.co.uk

Britain’s intelligence agencies are told to make privacy invasion assessment – The Guardian

Posted June 27th, 2014 in detention, intelligence services, news, privacy by tracey

‘Britain’s security and intelligence agencies should consider how far they are invading people’s privacy when they seek permission for intrusive surveillance, their government-appointed watchdog has recommended.’

Full story

The Guardian, 26th June 2014

Source: www.guardian.co.uk

Civil partnerships can be converted to marriages from December – The Guardian

Posted June 27th, 2014 in civil partnerships, gender, homosexuality, marriage, news by tracey

‘Same-sex couples will be able to convert their civil partnerships to marriages from December this year, the culture secretary has said.’

Full story

The Guardian, 26th June 2014

Source: www.guardian.co.uk

Police failures partly blamed for Hywel Hughes’ custody death – BBC News

Posted June 27th, 2014 in death in custody, inquests, news, police by tracey

‘The death of a man in police custody after he was ejected from a Bangor nightclub in 2003 was partly due to failures by two police officers who arrested him, an inquest has concluded.’

Full story

BBC News, 26th June 2014

Source: www.bbc.co.uk

Law graduate Rhiannon Brooker jailed over false rape claims – BBC News

Posted June 27th, 2014 in legal education, news, perverting the course of justice, rape, sentencing by tracey

‘A law graduate who falsely accused her boyfriend of rape as an excuse for failing her exams has been jailed for three-and-a-half years.’

Full story

BBC News, 26th June 2014

Source: www.bbc.co.uk