‘A barrister who has led the way in analysing the impact of the Mitchell case has predicted that this week’s hearing of three “trivial breach” cases at the Court of Appeal could pave the way for “Mitchell-lite”.’
Litigation Futures, 19th June 2014
Source: www.litigationfutures.com
‘In a major speech on the future of law, the Lord Chief Justice said last night that “there has to be a single regulator” for the legal professions. Lord Thomas said he could not see any “practical” alternative, and he would be “very disappointed” if there was not a much simpler and cheaper system of regulation in 10 years’ time.’
Legal Futures, 20th June 2014
Source: www.legalfutures.co.uk
‘A third updated set of guidelines on open justice and reporting restrictions in the criminal courts is published today by the Judicial College, Newspaper Society, Society of Editors and the Media Lawyers Association.’
Judiciary of England and Wales, 16th June 2014
Source: www.judiciary.gov.uk
‘An inspection of the efficiency and effectiveness of the Home Office’s handling of this European casework by John Vine CBE QPM, Independent Chief Inspector of Borders and Immigration.’
Home Office, 19th June 2014
Source: www.gov.uk/home-office
‘Although customs could only exercise the power under section 139(1) of the Customs and Excise Management Act 1979 to detain goods when those goods were actually liable to forfeiture, they had a general power to detain goods which was ancillary to their power to examine them and conduct and investigation to ascertain whether they were so liable.’
WLR Daily, 11th June 2014
Source: www.iclr.co.uk
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: [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
‘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: [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
‘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
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)
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)
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
‘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.’
Law Society’s Gazette, 20th June 2014
Source: www.lawgazette.co.uk
‘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.’
Family Law Week, 18th June 2014
Source: www.familylawweek.co.uk
‘Legislation to rein in bad landlords and agents can leave tenants out of pocket.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
‘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.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
‘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.’
The Guardian, 19th June 2014
Source: www.guardian.co.uk
‘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.’
The Guardian, 20th June 2014
Source: www.guardian.co.uk
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