Day: 1 September 2014
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Attorney-General’s Reference No 28 of 2014 [2014] EWCA Crim 1723 (30 July 2014)
Dewdney, R. v [2014] EWCA Crim 1722 (30 July 2014)
High Court (Queen’s Bench Division)
Durrant v Chief Constable of Avon And Somerset Constabulary [2014] EWCA 2922 (QB) (29 August 2014)
Bogdanic v The Secretary of State for the Home Department [2014] EWHC 2872 (QB) (29 August 2014)
Bailey & Anor v Barclays Bank Plc [2014] EWHC 2882 (QB) (27 August 2014)
Family Court Decisions (other Judges)
C-G (Children – Appeal) [2014] EWFC B108 (28 August 2014)
IMA (Care Proceedings: No Threshold) [2014] EWFC B110 (13 August 2014)
A (A Child) [2014] EWFC B106 (1 July 2014)
A (A Child) [2014] EWFC B107 (27th June 2014)
High Court (Technology and Construction Court)
Kellie & Anor v Wheatley & Lloyd Architects Ltd [2014] EWHC 2886 (TCC) (27 August 2014)
Source: www.bailii.org
Threat from Syria: will new anti-terrorism proposals keep us safe? – Halsbury’s Law Exchange
‘When the Prevention of Terrorism Act 1974 was passed against a backdrop of an IRA bombing campaign in the mainland UK, it was limited in time for a year (although would be re-passed annually until made permanent), and was passed among a genuine concern that the powers it gave were too wide-reaching. Roy Jenkins, taking the Bill through the House of Commons as Home Secretary, said “The powers… are Draconian. In combination they are unprecedented in peacetime”. One wonders what he and other legislators from 40 years ago would make of our discussions today.’
Halsbury’s Law Exchange, 1st September 2014
Source: www.halsburyslawexchange.co.uk
Lorry driver jailed over charity cyclists’ deaths – BBC News
‘A lorry driver who killed two cyclists taking part in a charity ride from Land’s End to John O’Groats has been jailed for eight-and-a-half years.’
BBC News, 1st September 2014
Source: www.bbc.co.uk
FOS respondents still at risk of further action despite Clark v In Focus ruling – Commercial Disputes Blog
‘When Lady Justice Arden handed down her judgment in the Court of Appeal case of Clark v In Focus, she held that a complainant cannot accept an Ombudsman’s award at the statutory maximum (currently £150,000) and sue in court for the balance of their redress if it exceeds that limit. We hoped in vain that that would be the final word on the issue.’
Commercial Disputes Blog, 28th August 2014
Source: www.rpc.co.uk
Compensation in Financial Remedies Cases – Parthian Shots and The Emperor’s New Clothes – Family Law Week
‘Joshua Viney of 1 Hare Court and Matthew Brunsdon-Tully of 1 Hare Court and St John’s Chambers examine the issue of compensation in spousal maintenance claims.’
Family Law Week, 29th August 2014
Source: www.familylawweek.co.uk
Who’s Pink – Thomas Pink or Victoria’s Secret? – NIPC Law
‘In Thomas Pink Limited v Victoria’s Secret UK Ltd [2014] EWHC 2631 (Ch) (31 July 2014) Mr Justice Birss had to resolve a dispute between two well known retailers. The claimant was Thomas Pink which had started life as a specialist shirt maker in Jeremyn Street. It is now part of the LVMH Group the interests of which range from champagne to fashion.’
NIPC Law, 31st August 2014
Source: www.nipclaw.blogspot.co.uk
State should pay for representation and witnesses in private child disputes – UK Human Rights Blog
‘Public funding is not generally available for litigants in private-law children cases, and no expert can now be instructed in such a case unless the court is satisfied, in accordance with section 13(6) of the Children and Families Act 2014, that the expert is “necessary” to assist the court to resolve the proceedings “justly”.’
UK Human Rights Blog, 31st August 2014
Source: www.ukhumanrightsblog.com
Legal Update: disclosure, formats and context – Law Society’s Gazette
‘Disclosure of information about children, pursuant to a request under the Freedom of Information Act 2000 (FoI), is always a difficult issue and the natural reaction of public authorities is to err on the side of caution.’
Law Society’s Gazette, 1st September 2014
Source: www.lawgazette.co.uk
Human rights legislation in the UK: a cut-out-and-keep guide – The Guardian
‘Ever wondered what the difference is between the human rights convention and the Human Rights Act? This may help.’
The Guardian, 1st September 2014
Source: www.guardian.co.uk
Badgers’ expectations dashed – UK Human Rights Blog
‘This blog has covered the various twists and turns, both scientific and legal, of Defra’s attempts to reduce bovine TB by culling badgers: see the list of posts below. Today’s decision in the Administrative Court is the most recent.’
UK Human Rights Blog, 29th August 2014
Source: www.ukhumanrightsblog.com
University of Law revolutionises bar course, sets minimum 2:1 entry grade – The Lawyer
‘The University of Law has unveiled plans to dramatically change its bar professional training course (BPTC) in a move to set it apart from its competitors.’
The Lawyer, 1st September 2014
Source: www.thelawyer.com
Judges at odds over relationship between budgeting and indemnity costs – Litigation Futures
The High Court is at odds over the relationship between budgeting and indemnity costs, after one judge expressly disagreed with the view of another that the costs management order (CMO) should also be the starting point for an assessment of indemnity costs.
Litigation Futures, 1st September 2014
Source: www.litigationfutures.com
Rotherham: Yvette Cooper calls for change to law after abuse scandal – The Guardian
‘Mandatory reporting of child sexual abuse would be introduced by a Labour government to try to prevent a repeat of the Rotherham scandal and encourage a cultural shift where allegations from victims are treated seriously.’
The Guardian, 30th August 2014
Source: www.guardian.co.uk
Domestic abuse: how to tackle non-violent control – Halsbury’s Law Exchange
‘Those who abuse their partners through coercive and controlling behaviour, such as depriving them of money, could face prison under a proposed new offence. The government is seeking views on whether a specific, non-violent domestic abuse offence will help tackle the problem by making police take the crime more seriously and showing perpetrators and victims of abuse that such behaviour is wrong. Comments on the proposal are requested by 15 October 2014.’
Halsbury’s Law Exchange, 29th August 2014
Source: www.halsburyslawexchange.co.uk
Jamaican crook dodges deportation – Daily Telegraph
‘A ‘career criminal’ has avoided being removed to Jamaica after falsely claiming he was gay and would be persecuted in his home country.’
Daily Telegraph, 29th August 2014
Source: www.telegraph.co.uk
You’ve got absoutely nothing out of this – NearlyLegal
‘For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn’t really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that come what May their costs will be paid on the indemnity basis. They have the foresight (or more accurately the power) to draft contracts which provide that, in the event of litigation, the other side (often a borrower or a long leaseholder) will indemnify them for all their legal costs irrespective of whether they win or lose.’
NearlyLegal, 31st August 2014
Source: www.nearlylegal.co.uk
Lord Chancellors should be judges, APIL argues – Legal Futures
‘Lord Chancellors should be recruited from the judiciary and no longer combine the role with that of justice secretary, the Association of Personal Injury Lawyers (APIL) has argued.’
Legal Futures, 29th August 2014
Source: www.legalfutures.co.uk
Portsmouth docks cocaine smuggling gang jailed – BBC News
‘Ten people have been jailed for up to 20 years for attempting to smuggle millions of pounds worth of cocaine in crates of bananas and pineapples.’
BBC News, 29th August 2014
Source: www.bbc.co.uk
