Third Six Vacany

Posted July 18th, 2014 in by sally

Lamb Building has an immediate vacancy for a Third Six pupil, working predominantly in crime. Past experience in criminal work is expected.

For further details please email admin@lambbuilding.co.uk or for an informal chat call 020 7797 7788 and speak to a member of the Pupillage Committee.

Babysitter jailed for raping boy of three – BBC News

Posted July 18th, 2014 in child abuse, news, rape, sentencing by tracey

‘A 66-year-old man has been jailed for life for raping a three-year-old boy he was babysitting.’

Full story

BBC News, 18th July 2014

Source: www.bbc.co.uk

Former PC jailed for 18 months for offering story on colleague to tabloid – The Guardian

Posted July 18th, 2014 in misfeasance in public office, news, police, sentencing by tracey

‘A former police constable has been jailed for 18 months for offering to sell a salacious story about a “womanising and bullying” colleague to the Sun newspaper.’

Full story

The Guardian, 17th July 2014

Source: www.guardian.co.uk

New Deepcut inquest to be held into death of Cheryl James – BBC News

Posted July 18th, 2014 in armed forces, human rights, inquests, news, young persons by tracey

‘A new inquest has been ordered into the death of soldier Pte Cheryl James at Deepcut barracks in Surrey.’

Full story

BBC News, 18th July 2014

Source: www.bbc.co.uk

Banking sector faces wide-ranging review by finance watchdog – The Guardian

Posted July 18th, 2014 in banking, competition, financial regulation, news by tracey

‘Britain’s big four high street banks could be forced to break themselves up after the competition watchdog signalled its intention to launch a sweeping investigation into the £10bn-a-year sector.’

Full story

The Guardian, 18th July 2014

Source: www.guardian.co.uk

Insurance Contract Law – Law Commission

Posted July 18th, 2014 in contracts, insurance, press releases by tracey

‘Report from the Law Commissions of England and Wales and of Scotland making recommendations for reform to modernise business insurance law. The majority of these recommendations are included in the Government’s Insurance Bill.’

Full press release

Law Commission, 17th July 2014

Source: www.justice.gov.uk/lawcommission

Data Retention & Investigatory Powers Bill receives Royal Assent – Home Office

‘Legislation to ensure UK law enforcement and intelligence agencies continue to have access to the vital evidence and information they need to investigate criminal activity, prevent terrorism and protect the public has today (Thursday 17 July) received Royal Assent.’

Full press release

Home Office, 17th July 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted July 18th, 2014 in legislation by tracey

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Institute of Chartered Accountants in England and Wales) Order 2014

The Legal Services Act 2007 (Appeals from Licensing Authority Decisions) (Chartered Institute of Patent Attorneys and Institute of Trade Mark Attorneys) Order 2014

The European Union (Definition of Treaties) (Convention on International Interests in Mobile Equipment and Protocol thereto on matters specific to Aircraft Equipment) Order 2014

The Double Taxation Relief and International Tax Enforcement (Japan) Order 2014

The Double Taxation Relief and International Tax Enforcement (Iceland) Order 2014

The Inspectors of Education, Children’s Services and Skills (No. 6) Order 2014

The Double Taxation Relief and International Tax Enforcement (Zambia) Order 2014

The Double Taxation Relief and International Tax Enforcement (Belgium) Order 2014

The Double Taxation Relief (Federal Republic of Germany) Order 2014

The Legal Services Act 2007 (Approved Regulator) Order 2014

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2014

The Financial Services and Markets Act 2000 (Regulated Activities) (Green Deal) (Amendment) Order 2014

The Port Security (Port of Londonderry) Designation Order 2014

The Transfer of Tribunal Functions (Mobile Homes Act 2013 and Miscellaneous Amendments) Order 2014

The Human Medicines (Amendment) (No. 2) Regulations 2014

The Lincolnshire County Council (River Witham Bridge) Scheme 2013 Confirmation Instrument 2014

The Representation of the People (Variation of Limits of Candidates’ Election Expenses) Order 2014

Source: www.legislation.gov.uk

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening) – WLR Daily

Ahmad v Secretary of State for the Home Department (AIRE Centre intervening); [2014] EWCA Civ 988; [2014] WLR (D) 318

‘The conditions in article 7(1) of Parliament and Council Directive 2004/38/EC, as implemented by the Immigration (European Economic Area) Regulations 2006, were to be strictly interpreted on the basis that the right to a permanent residence card was a privilege which was not conferred unless there was strict and literal compliance with the conditions therein. They were not to be interpreted under European Union law in a dynamic way such that it was enough if they were substantially or functionally fulfilled.’

WLR Daily, 16th July 2014

Source: www.iclr.co.uk

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another – WLR Daily

Posted July 18th, 2014 in data protection, EC law, government departments, immigration, law reports by tracey

YS v Minister voor Immigratie, Integratie en Asiel; Minister voor Immigratie, Integratie en Asiel v M and another; (Joined Cases C-141/12 and C-372/12) ECLI:EU:C:2014:2081; [2014] WLR (D) 324

‘Article 2(a) of Parliament and Council Directive 95/46/EC meant that data relating to an applicant for a residence permit contained in an administrative document amounted to “personal data”. Article 12(a) of Directive 95/46 and article 8(2) of the Charter of Fundamental Rights of the European Union meant that an applicant for a residence permit had a right of access to all personal data concerning him which were processed by the national administrative authorities within the meaning of article 2(b). For that right to be complied with, it was sufficient that the applicant was in possession of a full summary of those data in an intelligible form, which allowed the applicant to become aware of those data and to check that they were accurate and processed in compliance with that Directive, so that he could, where relevant, exercise the rights conferred on him by that Directive. Article 41(2)(b) of the Charter meant that the applicant for a residence permit could not rely on that provision against the national authorities.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Regina (Sandiford) v Secretary of State for Foreign and Commonwealth Affairs; [2014] UKSC 44; [2014] WLR (D) 315

‘The policy of the Foreign Secretary to refuse to provide funding for legal representation to United Kingdom nationals who were facing the death penalty abroad was lawful.’

WLR Daily, 16th july 2014

Source: www.iclr.co.uk

Regina (Afzaal) v Secretary of State for the Home Department – WLR Daily

Posted July 18th, 2014 in education, immigration, judicial review, law reports, visas by tracey

Regina (Afzaal) v Secretary of State for the Home Department; [2014] EWHC 2215 (Admin); [2014] WLR (D) 313

‘Immigration rules, made pursuant to section 3(2) of the Immigration Act 1971, specified the conditions to be attached in the case of a student clearance visa and no further administrative action to impose a condition was required. The description of the relevant entry clearance as a tier 4 general student clearance followed by the reference number of the sponsor body, and its repetition in conjunction with the other obligatory conditions, was sufficient endorsement of the condition for the purposes of the Immigration (Leave to Enter and Remain) Order 2000.’

WLR Daily, 9th July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 18th, 2014 in law reports by tracey

Supreme Court

FHR European Ventures LLP & Ors v Cedar Capital Partners LLC [2014] UKSC 45 (16 July 2014)

Sandiford, R (on the application of) v The Secretary of State for Foreign and Commonwealth Affairs [2014] UKSC 44 (16 July 2014)

Court of Appeal (Civil Division)

Mercer Ltd & Anor v Ballinger & Anor [2014] EWCA Civ 996 (17 July 2014)

Guildhall College Ltd, R (On the Application Of) v Secretary of State for Business Innovation And Skills & Anor [2014] EWCA Civ 986 (17 July 2014)

H, Re [2014] EWCA Civ 989 (17 July 2014)
O v The Secretary of State for the Home Department [2014] EWCA Civ 990 (17 July 2014)

Bank Leumi (UK) Plc v Akrill [2014] EWCA Civ 907 (17 July 2014)

David Cary v Commissioner of Police for the Metropolis Equality And Human Rights Commission [2014] EWCA Civ 987 (17 July 2014)

NA v Secretary of State for the Home Department & Anor [2014] EWCA Civ 995 (17 July 2014)

Court of Appeal (Criminal Division)

West, Re [2014] EWCA Crim 1480 (17 July 2014)

JG & Ors, R v [2014] EWCA Crim 1521 (17 July 2014)

High Court (Administrative Court)

The Project Management Institute, R (On the Application Of) v The Minister For The Cabinet Office & Ors [2014] EWHC 2438 (Admin) (17 July 2014)

Tigere, R (On the Application Of) v Secretary of State for Business, Innovation & Skills -And- Student Loans Company Ltd [2014] EWHC 2452 (Admin) (17 July 2014)

Draper v Lincolnshire County Council [2014] EWHC 2388 (Admin) (17 July 2014)

High Court (Chancery Division)

Westbrook Dolphin Square Ltd v Friends Life Ltd [2014] EWHC 2433 (Ch) (17 July 2014)

Abbeyfield Newcastle Upon Tyne Society Ltd v Newcastle City Council [2014] EWHC 2437 (Ch) (17 July 2014)

High Court (Commercial Court)

Tchenguiz & Ors v Director of the Serious Fraud Office [2014] EWHC 2379 (Comm) (16 July 2014)

Central Trading & Exports Ltd v Fioralba Shipping Company [2014] EWHC 2397 (Comm) (16 July 2014)

Source: www.bailii.org   

Solicitor suspended over boiler-room scam – Law Society’s Gazette

‘A solicitor involved in a boiler-room scam to push financial products to clients has been suspended from practice for 18 months.’

Full story

Law Society’s Gazette, 17th July 2014

Source: www.lawgazette.co.uk

A bill to abolish chancel repair liability has been successfully introduced into the House of Lords – Law Society’s Gazette

Posted July 18th, 2014 in bills, Church of England, ecclesiastical law, parliament, repairs by tracey

‘The proposed legislation seeks to ‘end the liability of lay rectors for the repair of chancels’ – in other words abolishing the demands for landowners to fund repairs to their parish church.’

Full story

Law Society’s Gazette, 17th July 2014

Source: www.lawgazette.co.uk

Local Authority Focus – July 2014 – Family Law Week

Posted July 18th, 2014 in care orders, costs, equality, fostering, judicial review, local government, news by tracey

‘Sally Gore, barrister, of Fenners Chambers considers recent case law and other developments of particular significance to local authorities.’

Full story

Family Law week, 17th July 2014

Source: www.familylawweek.co.uk

Applications Without Notice: A Practitioner’s Guide – Family Law Week

Posted July 18th, 2014 in children, family courts, freezing injunctions, news by tracey

‘Rodney Noon, solicitor, provides a detailed review of the law and practice of – and the court’s attitude to – without notice applications in family proceedings.’

Full story

Family Law Week, 17th July 2014

Source: www.familylawweek.co.uk

‘On-the-run’ scheme flawed but not unlawful, inquiry finds – The Guardian

‘The post-Troubles scheme devised to reassure Irish republican “on-the-runs” (OTRs) that they were no longer wanted by the police was lawful and did not give terrorist suspects an amnesty, an independent review has concluded.’

Full story

The Guardian, 17th July 2014

Source: www.guardian.co.uk

Teacher who jokingly threatened pupil with a knife banned for two years – The Guardian

‘A teacher who put his arm around a pupil’s neck while holding a knife and jokingly threatened to kill him for giving a wrong answer has been banned from the classroom for two years.’

Full story

The Guardian, 17th July 2014

Source: www.guardian.co.uk

Electoral Commission ‘failed to probe crooked Lib Dem donor’ – BBC News

Posted July 18th, 2014 in elections, fraud, maladministration, news, ombudsmen, political parties by tracey

‘The Electoral Commission is refusing to apologise after a watchdog ruled it had failed to properly investigate a Lib Dem donor later convicted of fraud.’

Full story

BBC news, 17th July 2014

Source: www.bbc.co.uk