A new test to determine who is fit for trial – Law Commission

‘How do we determine whether someone accused of a crime is physically and mentally fit to participate in a criminal trial? And what do we do if they are not? These are the questions being examined today as the Law Commission brings together leading experts in criminal law and mental health to exchange views at a consultation event at Leeds University.’

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Law Commission, 11th June 2014

Source: www.lawcommission.justice.gov.uk

Unfit To Plead in the Magistrates’ and Youth Courts? – Criminal Law and Justice Weekly

Posted June 11th, 2014 in fitness to plead, magistrates, news, youth courts by sally

‘Miranda Bevan on the Law Commission’s review of the law on unfitness to plead in England and Wales.’

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Criminal Law and Justice Weekly, 6th June 2014

Source: www.criminallawandjustice.co.uk

Analysis Post-Re B-S: The Fallacy of ‘Better than Good Enough Care’ – Family Law Week

Posted June 11th, 2014 in care orders, children, news by sally

‘Paul Hart, barrister, 15 Winckley Square Chambers, considers whether the courts are asking the right question when determining the capability of parents to care for their children.’

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Family Law Week, 10th June 2014

Source: www.familylawweek.co.uk

Magna Carta, Religion and The Rule of Law – Speech by Master of the Rolls

Posted June 11th, 2014 in Christianity, magna carta, rule of law, speeches by sally

Magna Carta, Religion and The Rule of Law (PDF)

Speech by Master of the Rolls

Temple, London, 7th June 2014

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 11th, 2014 in legislation by sally

The Housing (Right to Buy) (Limit on Discount) (England) Order 2014

The Energy Efficiency (Encouragement, Assessment and Information) Regulations 2014

The Public Lending Right Scheme 1982 (Commencement of Variations) Order 2014

The Financial Services and Markets Act 2000 (Consumer Credit) (Transitional Provisions) (No. 3) Order 2014

The Energy Act 2004 (Designation of Publicly Owned Companies) (Revocation) Order 2014

The Value Added Tax (Amendment) (No. 2) Regulations 2014

The King’s College Hospital NHS Foundation Trust (Transfer of Trust Property) Order 2014

The Oxford Health NHS Foundation Trust (Transfer of Trust Property) Order 2014

The Child Support (Northern Ireland Reciprocal Arrangements) Amendment Regulations 2014

The Value Added Tax (Section 55A) (Specified Goods and Excepted Supplies) Order 2014

The Tribunal Procedure (Amendment No. 2) Rules 2014

The Wireless Telegraphy (Exemption and Amendment) (Amendment) Regulations 2014

The Immigration (European Economic Area) (Amendment) Regulations 2014

The Carriage of Passengers and their Luggage by Sea (Interim Provisions) (Notice) (Revocation) Order 2014

The Channel Tunnel Rail Link (Planning Appeals and Assessment of Environmental Effects) (Revocation) Regulations 2014

The Child Support (Consequential and Miscellaneous Amendments) Regulations 2014

The Crossrail (Insertion of Review Clauses) Regulations 2014

The Energy Act 2004 (Commencement No. 11) Order 2014

The Energy Act 2008 (Commencement No. 6) Order 2014

The Child Trust Funds (Amendment No. 2) Regulations 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2014

The Individual Savings Account (Amendment No. 2) Regulations 2014

The Health and Social Care Act 2012 (Commencement No. 8) Order 2014

The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) Regulations 2014

The Passenger Transport Executives (Exclusion of Bus Operating Powers) (Revocations) (England) Order 2014

Source: www.legislation.gov.uk

Work capability assessment system at ‘virtual collapse’, says judge – The Guardian

Posted June 11th, 2014 in benefits, disabled persons, legal aid, news, tribunals by sally

‘The outgoing head of the tribunal which hears appeals relating to social security benefits has said that the work capability assessment (WCA) has undergone “virtual collapse” and accused the Department for Work and Pensions of being overly optimistic about the pace at which fit-for-work tests were being carried out.’

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The Guardian, 11th June 2014

Source: www.guardian.co.uk

“Virtually impossible” for solicitors to claim success fees in cases involving children – Litigation Futures

‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’

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Litigation Futures, 11th June 2014

Source: www.litigationfutures.com

Corrupt police face 14 years in jail under new law – Daily Telegraph

‘New offence will introduce new tougher penalty for dishonest police in wake of Stephen Lawrence revelations.’

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Daily Telegraph, 10th June 2014

Source: www.telegraph.co.uk

IPPC say South Wales Police let down woman in hammer attack – BBC News

‘A woman attacked by her partner with a claw hammer was put at “serious risk” by South Wales Police, despite her reporting him to them, the Independent Police Complaints Commission has said.

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BBC News, 11th June 2014

Source: www.bbc.co.uk

Judge backs birth control for parents with many children taken into care – The Guardian

Posted June 11th, 2014 in care orders, children, contraception, judges, news, social services by sally

‘The most senior family judge in England and Wales has supported the provision of contraception to parents who have large numbers of children taken into care.’

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The Guardian, 10th June 2014

Source: www.guardian.co.uk

Lack of legal aid derails contact proceedings – The Guardian

‘The President of the Family Division has adjourned contact proceedings by an unrepresented father pending the Ministry of Justice or any other responsible body to come up with the solution to the problem of one parent suffering an injustice due to the withdrawal of legal aid.’

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UK Human Rights Blog, 10th June 2014

Source: www.ukhumanrightsblog.com

Why are special courts that can help drug users at risk of being scrapped? – The Guardian

Posted June 10th, 2014 in courts, crime, drug abuse, magistrates, news by sally

‘Launched as a pilot programme a decade ago, dedicated drug courts were widely promoted as one of the best hopes of halting addiction-fuelled crime. According to supporters, however, specialist courts are now in danger of being disbanded through lack of official support. The West London drugs court, in Hammersmith, sits only half a day a week and is no longer staffed exclusively by specially trained magistrates.’

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The Guardian, 10th June 2014

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 10th, 2014 in law reports by sally

Court of Appeal (Civil Division)

Razzaq v Financial Conduct Authority (FCA) [2014] EWCA Civ 770 (22 May 2014)

H (Children) [2014] EWCA Civ 733 (05 June 2014)

Top Brands & Anor v Sharma [2014] EWCA Civ 761 (23 May 2014)

High Court (Chancery Division)

Harb v HRH Prince Abdul Aziz [2014] EWHC 1807 (Ch) (09 June 2014)

High Court (Family Division)

X (A Child) [2014] EWHC 1871 (Fam) (09 June 2014)

DH v CL & Ors [2014] EWHC 1836 (Fam) (06 June 2014)

High Court (Administrative Court)

St Matthews (West) Ltd & Ors, R (on the application of) v HM Treasury & Anor [2014] EWHC 1848 (Admin) (06 June 2014)


Giri, R (on the application of) v Secretary of State for the Home Department [2014] EWHC 1832 (Admin) (09 April 2014)

Family Court Decisions (other Judges)

L (A Child: Rehabilitation to Care of Mother) [2014] EWFC B70 (16 May 2014)

Q v Q [2014] EWFC 7 (21 May 2014)

High Court (Commercial Court)

Standard Bank Plc v EFAD Real Estate Company WLL & Ors [2014] EWHC 1834 (Comm) (06 June 2014)

High Court (Technology and Construction Court)

Lovell Partnerships Ltd & Anor v Merton Priory Homes [2014] EWHC 1800 (TCC) (06 June 2014)

Source: www.bailii.org

Orchid View care home scandal review ‘not enough’ – BBC News

Posted June 10th, 2014 in care homes, elderly, inquiries, news, reports by sally

‘A man whose mother died at a scandal-hit care home has said a serious case review has not gone far enough and the private care home sector has failed.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

Law Commission: lack of government support led us to drop injury fraud project –

‘The Law Commission has said that lack of support from the Ministry of Justice was behind its decision not to include the law on fraud by personal injury victims in its latest reform programme.’


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Litigation Futures, 10th June 2014

Source: www.litigationfutures.com

State immunity does not avail Saudi Prince – UK Human Rights Blog

‘Rosalind English posted in January 2014 on Jones v. the United Kingdom, in which the Strasbourg Court decided that the inability of four men to bring torture compensation claims against Saudi Arabia in UK courts did not breach Article 6(1) of the Convention (access to court). The Court held that a grant of state immunity reflected generally recognised rules of public international law and so there had been no violation.’


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UK Human Rights Blog, 9th June 2014

Source: www.ukhumanrightsblog.com

Magistrate court fines ‘may rise 300%’ under new plans – BBC News

Posted June 10th, 2014 in fines, magistrates, news, road traffic offences by sally

‘Maximum fines imposed by magistrates are set to rise dramatically under new proposals for England and Wales.’

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BBC News, 10th June 2014

Source: www.bbc.co.uk

Saudi prince has no state immunity from £12 million ‘secret wife’ claim, court rules – Daily Telegraph

Posted June 10th, 2014 in financial provision, married persons, news, royal family, state immunity by sally

‘Decision by London court opens the way for a potentially embarrassing court case involving a British woman who claims she was secretly married to the late king of Saudi Arabia.’

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Daily Telegraph, 9th June 2014

Source: www.telegraph.co.uk

Cyril Smith CPS files ‘must be revealed’ – BBC News

‘The Crown Prosecution Service has been told it must reveal details about its decision not to prosecute the former Rochdale MP Cyril Smith for alleged offences against children.’

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BBC News, 9th June 2014

Source: www.bbc.co.uk

Man, 35, jailed after stripping half naked in cathedral and punching OAP in ‘divine urge’ – The Independent

Posted June 10th, 2014 in criminal damage, grievous bodily harm, mental health, news, sentencing by sally

‘He said he had the compulsion to “give everything to God,” but the actions of a 35-year-old man who pulled down his trousers before climbing on top of an altar and punching a grandmother in the face certainly didn’t appease the CPS.’

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The Independent, 9th June 2014

Source: www.independent.co.uk