Adjudication ordered in £1.3m dispute between council and solar energy business – Local Government Lawyer

Posted October 13th, 2014 in contracts, damages, dispute resolution, energy, local government, news by sally

‘A High Court judge has ordered that a local authority’s bid to recoup £1.3m from a solar energy installation company be determined by adjudication, rather than by litigation as desired by the council.’

Full story

Local Government Lawyer, 13th October 2014

Source: www.localgovernmentlawyer.co.uk

Commission criticised for withholding information on UK internet surveillance – OUT-LAW.com

Posted October 13th, 2014 in disclosure, documents, EC law, intelligence services, internet, news, ombudsmen by sally

‘The European Commission must publish documents containing information about the UK’s communications surveillance operations or “properly justify” its reasons not to do so, an EU watchdog has said.’

Full story

OUT-LAW.com, 10th October 2014

Source: www.out-law.com

Adoption and access to family history – Law Society’s Gazette

Posted October 13th, 2014 in adoption, confidentiality, disclosure, families, local government, news by sally

‘Life is a mysterious journey, often attended with hazards matching those in The Lord of the Rings. However, as TV programmes such as Who Do You Think You Are? illustrate, we all have a deep need to understand our place in the world and how we came to inhabit our own ‘mortal coil’. This can be particularly poignant for adopted people and their successors.’

Full story

Law Society’s Gazette, 13th October 2014

Source: www.lawgazette.co.uk

Fathers 4 Justice couple lose injunction claim – The Independent

Posted October 13th, 2014 in appeals, costs, evidence, harassment, injunctions, news by sally

‘The couple behind the pressure group Fathers4Justice who claimed a former lobbyist was harassing them have had an application for an injunction against him dismissed due to “a total absence of evidence”.’

Full story

The Independent, 10th October 2014

Source: www.independent.co.uk

Ripa: Curbs on police hacking journalist phones to find story sources – Daily Telegraph

‘Police will be banned from accessing reporter phone logs under the powers of Ripa unless they can show it is for serious crime.’

Full story

Daily Telegraph, 12th October 2014

Source: www.telegraph.co.uk

Lord Neuberger on the Supreme Court: Five key cases from its first five years – The Independent

‘From euthanasia to high-speed rail, the highest in the land has an almost limitless remit.’

Full story

The Independent, 12th October 2014

Source: www.independent.co.uk

Patchy dementia care puts patients at risk of unnecessary suffering, says CQC – The Guardian

Posted October 13th, 2014 in care homes, elderly, health, hospitals, mental health, news, quality assurance, standards by sally

‘Nine out of 10 care homes and hospitals in England have aspects of care for people with dementia that are variable or poor, making those with the condition likely to receive substandard treatment at some point, according to an important review by the NHS regulator.’

Full story

The Guardian, 13th October 2014

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 10th, 2014 in legislation by sally

The International Criminal Court Act 2001 (Jersey) Order 2014

The Local Government (Transparency Requirements) (England) Regulations 2014

The Adoption Information and Intermediary Services (Pre-Commencement Adoptions) (Amendment) Regulations 2014

The Education (School Teachers’ Qualifications) (England) (Amendment) Regulations 2014

The National Health Service (Exemptions from Charges, Payments and Remission of Charges) Amendment and Transitional Provisions Regulations 2014

The Social Fund Cold Weather Payments (General) Amendment Regulations 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 10th, 2014 in law reports by sally

Court of Appeal (Civil Division)

United Company Rusal Plc, R (on the Application of) v The London Metal Exchange [2014] EWCA Civ 1271 (08 October 2014)

Jet Airways (India) Ltd & Ors v Barloworld Handling Ltd [2014] EWCA Civ 1311 (09 October 2014)

Graves v Capital Home Loans Ltd [2014] EWCA Civ 1297 (09 October 2014)

Regione Piemonte v Dexia Crediop SpA [2014] EWCA Civ 1298 (09 October 2014)

Energy Venture Partners Ltd v Malabu Oil And Gas Ltd [2014] EWCA Civ 1295 (09 October 2014)

OPO v MLA & Anor [2014] EWCA Civ 1277 (09 October 2014)

Detention Action, R (on the Application of) v Secretary of State for the Home Department [2014] EWCA Civ 1270 (09 October 2014)

Commercial First Business Ltd v Munday & Anor [2014] EWCA Civ 1296 (09 October 2014)

Nampak Plastics Europe Ltd v Alpla UK Ltd [2014] EWCA Civ 1293 (09 October 2014)

Blue Holding (1) Pte Ltd & Anor v United States of America [2014] EWCA Civ 1291 (09 October 2014)

FI, R (On the Application Of) v Secretary of State for the Home Department [2014] EWCA Civ 1272 (09 October 2014)

LC (China) v Secretary of State for the Home Department [2014] EWCA Civ 1310 (09 October 2014)

High Court (Queen’s Bench Division)

Macarthy & Anor v [2014] EWHC 3183 (QB) (08 October 2014)

High Court (Chancery Division)

Bradley & Anor v Heslin & Anor [2014] EWHC 3267 (Ch) (09 October 2014)

Source: www.bailii.org

Secret trial defendant pleads guilty to possessing terrorist document – The Guardian

Posted October 10th, 2014 in closed material, documents, guilty pleas, news, reporting restrictions, terrorism by sally

‘One of the defendants due to face charges in a partly secret trial has pleaded guilty to possessing a terrorist document.’

Full story

The Guardian, 9th October 2014

Source: www.guardian.co.uk

Transgendered Parents and Private Law Children Proceedings – Family Law Week

Posted October 10th, 2014 in children, contact orders, families, news by sally

‘Lyndsey Sambrooks-Wright, barrister of 2 Dr Johnson’s Buildings, considers issues arising in private law children proceedings when one parent undergoes gender reassignment.’

Full story

Family Law Week, 7th October 2014

Source: www.familylawweek.co.uk

Court lifts £1.6m freezing order against City solicitor – Law Society’s Gazette

Posted October 10th, 2014 in fiduciary duty, fraud, freezing injunctions, news, solicitors by sally

‘The High Court has lifted a £1.6m freezing order against a solicitor after declaring that it was based ‘on the flimsiest foundations’.’

Full story

Law Society’s Gazette, 9th October 2014

Source: www.lawgazette.co.uk

E-cigarette advertising restrictions relaxed – The Guardian

Posted October 10th, 2014 in advertising, news, smoking by sally

‘E-cigarette advertisers will be allowed to show their products on television from next month, under codes announced on Thursday.’

Full story

The Guardian, 9th October 2014

Source: www.guardian.co.uk

Revealed: The killers and rapists among 1,000 criminals launching compensation claims over prisoner voting – Daily Telegraph

Posted October 10th, 2014 in compensation, elections, human rights, news, prisons by sally

‘Identities of more than 1,000 convicted criminals who have brought legal challenges over Britain’s ban on inmates voting are disclosed by Strasbourg court for the first time.’

Full story

Daily Telegraph, 9th October 2014

Source: www.telegraph.co.uk

The UK in the European Convention: fudge, or a shining example? – UK Human Rights Blog

Posted October 10th, 2014 in constitutional law, EC law, human rights, jurisdiction, news, treaties by sally

‘Last night’s discussion at Gray’s Inn Hall featured a panel with Dominic Grieve QC MP (formerly Attorney General), Lord Judge (formerly Lord Chief Justice), Bella Sankey (Policy Director, Liberty), Martin Howe QC (member of the Commission on a British Bill of Rights), David Anderson QC (Independent Reviewer of Terrorism Legislation), all chaired by Shaun Ley of the BBC.’

Full story

UK Human Rights Blog, 9th October 2014

Source: www.ukhumanrightsblog.com

LSB attacks “arbitrary nature” of separate business rule – Legal Futures

‘The Legal Services Board (LSB) has attacked the “arbitrary nature” of the separate business rule used by the Solicitors Regulation Authority (SRA), and said the list of what is permitted and what is not is “confusing”.’

Full story

Legal Futures, 10th October 2014

Source: www.legalfutures.co.uk

Appeal court reserves judgment on Max Clifford’s appeal against sentence – The Guardian

Posted October 10th, 2014 in appeals, news, sentencing, sexual offences by sally

‘The appeal court has reserved judgment on an appeal by the publicist Max Clifford against the length of his eight-year jail sentence for sex offences.’

Full story

The Guardian, 9th October 2014

Source: www.guardian.co.uk

Woman jailed for life after beating up man and leaving him for dead in skip – The Guardian

Posted October 10th, 2014 in murder, news, sentencing by sally

‘A young woman who laughed as she kicked and punched a man before stripping him and leaving him for dead in a skip has been jailed for life.’

Full story

The Guardian, 9th October 2014

Source: www.guardian.co.uk

QASA ruling: barristers ‘should not only be independent but competent’ – LegalVoice

Posted October 10th, 2014 in advocacy, appeals, barristers, judicial review, Legal Services Board, news by sally

‘The Court of Appeal has unanimously rejected the appeal of criminal barristers arguing that QASA (the Quality Assurance Scheme for Advocates) was unlawful. It was argued that the scheme compromised the independence of advocates and that the decision on the part of the Legal Services Board (LSB) to approve it was unlawful. All grounds were quashed and implementation is now due to take place some eight years after the original proposals were tabled.’

Full story

LegalVoice, 9th October 2014

Source: www.legalvoice.org.uk

Drug dealer Christopher Holloway jailed for 10 years – BBC News

Posted October 10th, 2014 in drug offences, internet, money laundering, news, sentencing by sally

‘A man who sold drugs running a “legal high” website made £2.5m from his illegal activity, a court was told.’

Full story

BBC News, 9th October 2014

Source: www.bbc.co.uk