Joseph Tomlinson: Ambitions and Constraints – A Report on the Second Conference on the Teaching of Public Law (2014) – UK Constitutional Law Association

Posted July 4th, 2014 in legal education, news, universities by tracey

‘Following on from the success of last year’s inaugural Conference on the Teaching of Public Law at the University of Manchester, City Law School ably assumed hosting duties to allow the discussions to be advanced further. The enthusiasm that was so evident at last year’s event showed no sign of waning a year on, as interesting perspectives from contributors and stimulating discussion from attendees continued throughout the day’s four panel sessions. This post briefly summarises some of the key points that were raised by contributors and during discussions.’

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UK Constitutional Law Association, 2nd July 2014

Source: www.ukhumanrightsblog.com

Historic Neglect – Nearlylegal

Posted July 4th, 2014 in covenants, landlord & tenant, leases, news, repairs by tracey

‘Daejan Properties Ltd v Griffin & Anor [2014] UKUT 206 (LC) is not, perhaps, the most riveting of Upper Tribunal appeals on service charges, but it does have some useful statements and reminders along the way.’

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Nearlylegal, 3rd July 2014

Source: www.nearlylegal.co.uk/blog/

Fiduciary Duties of Investment Intermediaries – Law Commission

Posted July 4th, 2014 in fiduciary duty, financial advice, news by tracey

‘Report responding to concerns raised in the 2012 Kay Review that uncertainty about their legal duties leads investors to focus on short-term movements in share price rather than making long-term investment decisions based on the fundamental value of a company.’

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Law Commission, 1st July 2014

Source: www.justice.gov.uk/lawcommission

Recent Statutory Instruments – legislation.gov.uk

Posted July 4th, 2014 in legislation by tracey

The Pensions Act 2011 (Transitional, Consequential and Supplementary Provisions) Regulations 2014

The Local Authority (Duty to Secure Early Years Provision Free of Charge) (Amendment) Regulations 2014

The Crime and Courts Act 2013 (Application and Modification of Certain Enactments) Order 2014

The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014

The Care Act 2014 (Commencement No.1) Order 2014

The Contracts for Difference (Counterparty Designation) Order 2014

Source: www.legislation.gov.uk

Regina v Smith (Owen) – WLR Daily

Posted July 4th, 2014 in firearms, juries, law reports by tracey

Regina v Smith (Owen): [2014] WLR (D) 287

‘In a prosecution for an offence under section 16 of the Firearms Act 1968, of possessing a firearm with intent to endanger life or to enable another person to endanger life, it was neither necessary nor appropriate in the ordinary way for the judge to direct the jury, on the question of intent, that the Crown had to prove to the satisfaction of the whole jury that it was the defendant or alternatively, another, who intended that life should be endangered; the intent was the same in each case.’

WLR Daily, 27th June 2014

Source: www.iclr.co.uk

Fibria Celulose S/A v Pan Ocean Co Ltd and another – WLR Daily

Posted July 4th, 2014 in agency, assignment, contracts, foreign jurisdictions, insolvency, law reports by tracey

Fibria Celulose S/A v Pan Ocean Co Ltd and another: Kim v Fibria Celulose S/A: [2014] EWHC 2124 (Ch); [2014] WLR (D) 288

‘The relief available under article 21(1) of the UNCITRAL Model Law on Cross-Border Insolvency, as scheduled to the Cross-Border Insolvency Regulations 2006 (SI 2006/1030), upon recognition by the English court of a foreign insolvency proceeding was limited to such relief as it would be open to the court to grant in domestic insolvency proceedings.’

WLR Daily, 30th June 2014

Source: www.iclr.co.uk

Walker v Commissioner of Police of the Metropolis – WLR Daily

Walker v Commissioner of Police of the Metropolis: [2014] EWCA Civ 897; [2014] WLR (D) 289

‘The triviality of a person’s detention by a police officer who was not exercising the power of arrest did not prevent that detention from being unlawful and amounting to false imprisonment.’

WLR Daily, 1st July 2014

Source: www.iclr.co.uk

Henderson v Foxworth Investments Ltd and another – WLR Daily

Posted July 4th, 2014 in appeals, law reports, Scotland, Supreme Court by tracey

Henderson v Foxworth Investments Ltd and another: [2014] UKSC 41 ; [2014] WLR (D) 290

‘In the absence of some other identifiable error, an appellate court would interfere with a trial judge’s factual findings only if it were satisfied that his decision was “plainly wrong” in the sense that it could not reasonably be explained or justified.’

WLR Daily, 2nd July 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 4th, 2014 in law reports by tracey

High Court (Administrative Court)

Skraba v Regional Court In Nowy Sacz Poland [2014] EWHC 2193 (Admin) (03 July 2014)

High Court (Chancery Division)

Stokes & Anor v Oxfordshire County Council [2014] EWHC 2177 (Ch) (03 July 2014)

High Court (Commercial Court)

Yukos Capital SARL v OJSC Rosneft Oil Company [2014] EWHC 2188 (Comm) (03 July 2014)

High Court (Patents Court)

Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWHC 2196 (Pat) (03 July 2014)

High Court (Queen’s Bench Division)

Beecham Peacock Solicitors LLP v (Enterprise Insurance Company Plc & Ors [2014] EWHC 2194 (QB) (03 July 2014)

Source: www.bailii.org

 

Prison law legal aid appeal granted – Law Society’s Gazette

Posted July 4th, 2014 in appeals, legal aid, news, parole, prisons by tracey

‘The fight by two charities against cuts to prison law legal aid will continue after the Court of Appeal granted permission to appeal the High Court’s rejection of the challenge.’

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Law Society’s Gazette, 2nd July 2014

Source: www.lawgazette.co.uk

British soldier with mental disorder extradited to US – The Guardian

Posted July 4th, 2014 in armed forces, extradition, fraud, news, post-traumatic stress disorder by tracey

‘A British soldier with post-traumatic stress disorder said he had been disowned by the British government as he was extradited to the United States on Thursday.’

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The Guardian, 3rd July 2014

Source: www.guardian.co.uk

Construction blacklist compensation scheme opens – BBC News

Posted July 4th, 2014 in compensation, construction industry, news by tracey

‘Eight construction firms have announced the launch of a scheme aimed at compensating workers who were victims of past blacklisting in the industry. Under the scheme, workers on the list would be paid £4,000 on a fast-track basis rising to £20,000 if they can prove discrimination. In more serious cases, up to £100,000 could be awarded.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

‘Kidnap’ mother Eileen Clark extradited to the US – BBC News

Posted July 4th, 2014 in child abduction, domestic violence, extradition, human rights, news by tracey

‘A mother of three who fled her husband in the US has been extradited from the UK on charges of kidnapping her children, campaigners have said.’

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BBC News, 4th July 2014

Source: www.bbc.co.uk

UK news organisations criticise Google over implementation of new law – The Guardian

Posted July 4th, 2014 in EC law, internet, media, names, news, privacy by tracey

‘Google has come under fire for its “clumsy” approach to obeying Europe’s new “right to be forgotten” law, after it began blocking some name-based searches to articles on the websites of UK news organisations. The Guardian, Daily Mail and BBC complained about the search engine implementing a ruling made in May by Europe’s highest court, the European court of justice, by starting to remove links to some pages when searches are made against particular names.’

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The Guardian, 3rd July 2014

Source: www.guardian.co.uk

Woman sentenced for abandoning baby in Birmingham park – BBC News

Posted July 3rd, 2014 in birth, children, mental health, news, sentencing, suspended sentences by sally

‘A woman who dumped her newborn baby in a plastic bag in a Birmingham park has been spared prison.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

Can DNA profiles at a murder scene be used to establish paternity? – Halsbury’s Law Exchange

Posted July 3rd, 2014 in care orders, DNA, murder, news, paternity by sally

‘Re Z (Children) concerned an application in ongoing care proceedings for the Metropolitan Police to provide copies of DNA profiles held by them. The application was made by the children’s guardian and brought so that the paternity of the children could be determined. This issue arose as although the man alleged to be the children’s father (referred to in the judgment as X) insisted he was so, he refused to consent to DNA testing. X was seeking a role in the children’s lives.’

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Halsbury’s Law Exchange, 3rd July 2014

Source: www.halsburyslawexchange.co.uk

Gambling addict sues Ritz casino after losing £2m – BBC News

Posted July 3rd, 2014 in debts, gambling, news by sally

‘A gambling addict is suing the Ritz casino after betting and losing £2m in one evening.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

Hunting prosecutions at all-time high since ban – Daily Telegraph

Posted July 3rd, 2014 in hunting, news, prosecutions by sally

‘Figures show that a total of 110 hunters were charged for offences under the Hunting Act in 2013, an increase on the previous high of 92 in 2009.’

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Daily Telegraph, 3rd July 2014

Source: www.telegraph.co.uk

Jail for gang who conned Clacton and Colchester pensioners out of £1m – BBC News

Posted July 3rd, 2014 in conspiracy, fraud, gangs, money laundering, news, sentencing by sally

‘A gang of five rogue traders who conned elderly men and women in Essex out of more than £1m have been jailed.’

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BBC News, 3rd July 2014

Source: www.bbc.co.uk

Teenager fined after taking selfie in court – Daily Telegraph

Posted July 3rd, 2014 in contempt of court, costs, fines, news, photography, sentencing, young offenders by sally

‘Joel Norris took a photo of himself and four co-defendants during his trial and uploaded it on to Twitter saying, ‘Lads in the court box lol’.’

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Daily Telegraph, 3rd July 2014

Source: www.telegraph.co.uk