Month: July 2014

Article 2 and combat immunity – where next after Al-Skeini and Susan Smith? – UK Human Rights Blog

Posted July 28th, 2014 in armed forces, duty of care, human rights, immunity, inquests, inquiries, Iraq, news by sally

‘When will a court order an inquiry into the deaths in combat of soldiers serving overseas? Following recent judgments of the English and Strasbourg courts extending the application of the European Convention on Human Rights to zones of armed conflict overseas in certain circumstances, the question is likely to arise frequently over the coming years. In R(Long), the Divisional Court strongly endorsed the doctrine of combat immunity and appeared to set its face against the recent rise in claims against the MoD by soldiers deployed abroad and their next of kin.’

Full story

UK Human Rights Blog, 27th July 2014

Source: www.ukhumanrightsblog.com

Joanna Michael family in Supreme Court in negligence fight – BBC News

Posted July 28th, 2014 in appeals, complaints, damages, delay, domestic violence, murder, negligence, news, police, Supreme Court by sally

‘The family of a mother-of-two stabbed to death will take its negligence claim against two police forces to the Supreme Court.’

Full story

BBC News, 28th July 2014

Source: www.bbc.co.uk

Law Society Sharia wills guidance “cannot change the law”, justice minister says – Legal Futures

Posted July 28th, 2014 in drafting, equality, islamic law, Law Society, news, practice directions, rule of law, wills by sally

‘The government has refused to be drawn into the row over controversial advice from the Law Society on Sharia-compliant wills, but insisted that it “does not, and cannot, change the law”.’

Full story

Legal Futures, 28th July 2014

Source: www.legalfutures.co.uk

Domestic violence could become a specific offence, David Cameron says – Daily Telegraph

Posted July 28th, 2014 in criminal justice, domestic violence, news, police, prosecutions by sally

‘The Prime Minister says he will consider a new offence for those who attack their partners that will take into account a pattern of abuse.’

Full story

Daily Telegraph, 25th July 2014

Source: www.telegraph.co.uk

Dave Lee Travis to face retrial that includes new count of indecent assault – The Guardian

Posted July 28th, 2014 in news, retrials, sexual offences by sally

‘Former Radio 1 DJ Dave Lee Travis is to face a retrial for charges of sexual assault and indecent assault as well as a new count of indecent assault, a court heard today.’

Full story

The Guardian, 25th July 2014

Source: www.guardian.co.uk

Supreme Court set to rule on rights of trafficked Nigerian girl – The Independent

Posted July 28th, 2014 in appeals, compensation, employment, equality, human rights, immigration, news, Supreme Court, trafficking in human beings, tribunals by sally

‘The UK’s highest court will rule on a landmark decision of whether illegal immigrants should be deprived of fundamental workers’ rights, following the appeal of a Nigerian national who was trafficked into the UK. Judges from the Supreme Court, including Britain’s most senior female judge Lady Hale, will deliver the verdict on Wednesday in a case which could set an important precedent for the rights of workers found to be treated as modern-day slaves.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

Alcohol abuse in pregnancy could become a crime, legal papers claim – The Guardian

Posted July 28th, 2014 in alcohol abuse, appeals, children, compensation, grievous bodily harm, local government, news, pregnancy by sally

‘An unprecedented court hearing to decide on the right of a child whose mother drank alcohol during pregnancy to receive compensation could pave the way to the criminalisation of pregnant women’s behaviour, according to legal papers lodged with the judge.

Full story

The Guardian, 26th July 2014

Source: www.guardian.co.uk

Inquiry launched into social care after Mikaeel Kular beaten to death by mother – Daily Telegraph

Posted July 28th, 2014 in causing death of children or vulnerable adults, homicide, inquiries, news, social services by sally

‘Three year old was beaten to death by his mother just weeks after social workers stopped monitoring his family’

Full story

Daily Telegraph, 25th July 2014

Source: www.telegraph.co.uk

Judge allegedly falls asleep during child rape trial – The Guardian

Posted July 28th, 2014 in child abuse, complaints, evidence, inquiries, judges, news, professional conduct, victims by sally

‘An investigation has been launched following claims a judge fell asleep in court, causing a child rape trial to be halted.’

Full story

The Guardian, 26th July 2014

Source: www.guardian.co.uk

More women judges will improve law’: Britain’s only female Supreme Court judge calls for more diversity – The Independent

Posted July 28th, 2014 in diversity, judiciary, legal profession, news, statistics, Supreme Court, women by sally

‘Britain’s only female Supreme Court judge says there needs to be more gender equality shown across Britain’s legal system and that by appointing more female judges the quality of justice could be greatly improved.’

Full story

The Independent, 27th July 2014

Source: www.independent.co.uk

DPP to examine treatment of witnesses after abuse victim’s death – The Guardian

Posted July 28th, 2014 in coroners, cross-examination, inquests, news, psychiatric damage, sexual offences, suicide, victims, witnesses by sally

‘The director of public prosecutions (DPP) said she recognised the “real issue” over whether victims and witnesses are treated fairly after the death of a sex abuse victim sparked calls for reform.’

Full story

The Guardian, 27th July 2014

Source: www.guardian.co.uk

Private nuisance – Article 6 and the costs conundrum – UK Human Rights Blog

Posted July 25th, 2014 in costs, human rights, insurance, news, nuisance, protective costs orders by tracey

‘Coventry v. Lawrence [2014] UKSC 13, 23 July 2014, read judgment and Austin v. Miller Argent [2014] EWCA Civ 1012, 21 July 2014. Two important cases in the last few days showing how difficult it is to find a fair way to litigate private nuisance cases. Most of these claims have a modest financial value, but may raise complex factual and expert issues, even before you get to the law. The first case I shall deal with, Coventry, shows the iniquities of the recently departed system. The second, Austin, the dangers of the new.’

Full story

UK Human Rights Blog, 23rd July 2014

Source: www.ukhumanrightsblog.com

Children will be seen and heard in Family Courts – Ministry of Justice

Posted July 25th, 2014 in children, dispute resolution, family courts, press releases by tracey

‘Children will be given a greater voice in the family justice system so they can tell judges how they feel and what they think about the family disputes they are involved in.’

Full press release

Ministry of Justice, 25th July 2014

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

The Criminal Practice Directions, revised October 2014 – Judiciary of England and Wales

Posted July 25th, 2014 in costs, criminal procedure, practice directions, press releases by tracey

‘The Criminal Practice Directions, revised October 2014: Summary of Key Changes and Additions.’

Full press release

Judiciary of England & Wales, 23rd July 2014

Source: www.judiciary.gov.uk

Review of the investigation of alleged Home Office failure to act on allegations of child abuse in the 1980s – Home Office

Posted July 25th, 2014 in child abuse, government departments, inquiries, reports by tracey

‘A review, led by Peter Wanless, of the investigation into the handling of information received by the Home Office in relation to child abuse allegations.’

Terms of reference

Home Office, 24th July 2014

Source: www.gov.uk/home-office

Home Secretary speech at Girl Summit 2014 – Home Office

Posted July 25th, 2014 in child abuse, female genital mutilation, forced marriages, speeches by tracey

‘Speech given by Home Secretary Theresa May on 22 July 2014 at the Girl Summit.’

Full speech

Home Office, 22nd July 2014

Source: www.gov.uk/home-office

Recent Statutory Instruments – legislation.gov.uk

Posted July 25th, 2014 in legislation by tracey

The Public Service (Civil Servants and Others) Pensions Regulations 2014

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

The Police and Crime Commissioner Elections (Amendment) (No. 2) Order 2014

The Finance Act 2013, Schedules 17 and 18 (Tax Relief for Video Games Development) (Appointed Day) Order 2014

The Cultural Test (Video Games) Regulations 2014

The Pensions Act 2011(Consequential and Supplementary Provisions) Regulations

The Immigration Act 2014 (Commencement No. 2) Order 2014

The Control of Explosives Precursors Regulations 2014

The English Coast (Isle of Wight) Order 2014

The Adoption and Children Act 2002 (Commencement No. 12) Order 2014

The Adoption and Children Act Register (Search and Inspection) (Pilot) Regulations

The Pensions Act 2004 (Code of Practice) (Funding Defined Benefits) Appointed Day Order 2014

Source: www.legislation.gov.uk

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others – WLR Daily

Posted July 25th, 2014 in consent orders, disclosure, freezing injunctions, jurisdiction, law reports by tracey

Greenwich Inc Ltd (in administration) v Dowling and others; Greenwich Inc Trading Ltd v Dowling and others: [2014] EWHC 2451 (Ch); [2014] WLR (D) 334

‘If a consent order affected orders made by a judge it was advisable at first instance that any applications in respect of such an order should be made to a judge rather than a master. The court retained a general discretion whether before or after the parties had seen a draft judgment to continue to deliver a judgment where it was appropriate so to do. Even if the parties had effectively put an end to the dispute between themselves, that in itself could not stop the court from raising matters which concerned it.’

WLR Daily, 15th July 2014

Source: www.iclr.co.uk

McDonald and others v McDonald – WLR Daily

Posted July 25th, 2014 in housing, human rights, law reports, mortgages, proportionality, repossession by tracey

McDonald and others v McDonald: [2014] EWCA Civ 1049; [2014] WLR (D) 336

‘Where a private landlord sought a possession order under section 21(4) of the Housing Act 1988 the tenant could not resist the making of the order on the ground that it would be disproportionate under article 8.2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 24th July 2014

Source: www.iclr.co.uk

Ballinger and another v Mercer Ltd and another – WLR Daily

Posted July 25th, 2014 in amendments, burden of proof, civil procedure rules, law reports, limitations, negligence, pensions by tracey

Ballinger and another v Mercer Ltd and another; [2014] EWCA Civ 996; [2014] WLR (D) 335

‘Where a claimant applied to introduce a new claim by amendment under CPR r 17.4, and the defendant could show a prima facie defence of limitation, the burden was on the claimant to show that the defence was not reasonably arguable. Amendments seeking to add or substitute a new cause of action would only be permitted if they arose out of the same or substantially the same facts as were already in issue on the existing claims.’

WLR Daily, 17th July 2014

Source: www.iclr.co.uk