Month: December 2014

Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2014 in legislation by tracey

The Crime and Courts Act 2013 (Commencement No.1) (England and Wales) Order 2014

The Common Agricultural Policy (Competent Authority and Coordinating Body) Regulations 2014

The Common Agricultural Policy Basic Payment and Support Schemes (England) Regulations 2014

The Legislative Reform (Entertainment Licensing) Order 2014

The Railways and Rail Vehicles (Revocations and Consequential Amendments) Order 2014

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Amendment of Schedule 1) (Advocacy Exceptions) Order 2014

The Payments to Governments and Miscellaneous Provisions Regulations 2014

The National Curriculum (Exceptions for First, Second, Third and Fourth Key Stages) (England) (Amendment) (No. 2) Regulations 2014

The Education (National Curriculum) (Attainment Targets and Programmes of Study) (England) (Amendment) (No. 3) Order 2014

The Licensing Act 2003 (Personal licences) (Amendment) Regulations 2014

The Education (Independent School Standards) Regulations 2014

The Data Protection (Assessment Notices) (Designation of National Health Service Bodies) Order 2014

The Police and Criminal Evidence Act 1984 (Remote Reviews of Detention) Regulations 2014

The Social Fund Winter Fuel Payment (Amendment) Regulations 2014

The Health and Social Care Act 2008 (Commencement No. 19) Order 2014

Source: www.legislation.gov.uk

Failed London 21/7 suicide bombers lose appeal – The Guardian

Posted December 16th, 2014 in appeals, explosives, human rights, news, suicide, terrorism, trials by tracey

‘Three men who attempted to carry out suicide bombings on the London Underground in July 2005 have failed to overturn their convictions. The European court of human rights ruled that Muktar Said Ibrahim, Ramzi Mohammed and Yassin Omar received a fair trial. The men, who are Somali nationals, had complained that there had been a delay in allowing them access to a solicitor.’

Full story

The Guardian, 16th December 2014

Source: www.guardian.co.uk

Jimmy Savile victims’ compensation scheme approved by appeal court – The Guardian

Posted December 16th, 2014 in appeals, compensation, news, sexual offences, victims by tracey

‘The court of appeal has upheld a compensation scheme set up for scores of women who say they were sexually abused by Jimmy Savile, paving the way for claims to go ahead.’

Full story

The Guardian, 16th December 2014

Source: www.guardian.co.uk

Judge orders blood transfusion for Jehovah’s Witness child – UK Human Rights Blog

Posted December 16th, 2014 in blood products, children, human rights, medical treatment, news by tracey

‘An NHS Trust v Child B and Mr and Mrs B [2014] EWHC 3486 (Fam) – I posted earlier this year a discussion of Ian McEwan’s pellucid and moving account of the difficulties encountered by judges when steering between the rock of parental faith and the hard place of children’s best interests (The Children Act, 2014). This judgment, although handed down four months ago, has just been published, and confirms that judges may be resolute, however politely, in the face of parents’ insistence that they know what is best for their children.’

Full story

UK Human Rights Blog, 15th December 2015

Source: www.ukhumanrightsblog.com

Failure to file LQ – Relief from sanctions refused – Zenith PI Blog

Posted December 16th, 2014 in appeals, case management, civil procedure rules, documents, news, sanctions by tracey

‘British Gas Trading Ltd v Oak Cash & Carry Ltd [2014] EWHC 4058 (QB) 5th December 2014. Relief from sanctions refused where a failure to file the LQ in breach of an unless order led to the loss of the trial date. Although the Defendant applied for relief from sanctions, there was no for the default judgment to be set aside, and no evidence in support of such an application. In these circumstances, the court should not treat the application as though it had been made.’

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Zenith PI Blog, 15th December 2014

Source: www.zenithpi.wordpress.com

Mitchell and Denton have “direct bearing” on strike-outs for non-compliance – Litigation Futures

Posted December 16th, 2014 in civil procedure rules, news, sanctions, striking out by tracey

‘The Mitchell principles, restated in Denton, have a “direct bearing” on whether courts should impose strike-outs for non-compliance, the Court of Appeal has ruled.’

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Litigation Futures, 16th December 2014

Source: www.litigationfutures.com

LCJ: why is the cost of legal services increasing, despite more competition? – Legal Futures

Posted December 16th, 2014 in arbitration, competition, costs, legal services, litigants in person, news, reports by tracey

‘“Steps must be taken” to find out why the cost of legal services is increasing, despite the changed market and “great number of providers”, the Lord Chief Justice, Lord Thomas, has said.’

Full story

Legal Futures, 16th December 2014

Source: www.legalfutures.co.uk

Triennial review of the IPCC: Terms of Reference – Home Office

Posted December 16th, 2014 in complaints, news, police by tracey

‘Terms of Reference describe the aims and scope of the triennial review of the IPCC.’

Full text

Home Office, 15th December 2014

Source: www.gov.uk/home-office

BAILII: Recent Decisions

Posted December 16th, 2014 in law reports by tracey

Supreme Court

Haney & Ors R (on the application of) v The Secretary of State for Justice [2014] UKSC 66 (10 December 2014)

Loveridge v London Borough of Lambeth [2014] UKSC 65 (3 December 2014)

Prince Abdulaziz v Apex Global Management Ltd & Anor (Rev 2) [2014] UKSC 64 (26 November 2014)

Court of Appeal (Civil Division)

Gudanaviciene & Ors, R (on the application of) v The Director of Legal Aid Casework & Ors [2014] EWCA Civ 1622 (15 December 2014)

Panesar & Ors v HM Revenue and Customs [2014] EWCA Civ 1613 (15 December 2014)

High Court (Administrative Court)

Hull And Holderness Magistrates’ Court v Darroch & Anor [2014] EWHC 4184 (Admin) (15 December 2014)

Bagri & Anor v Public Prosecutor Bordeaux Court of First Instance [2014] EWHC 4066 (Admin) (15 December 2014)

High Court (Commercial Court)

Transgrain Shipping BV v Deiulemar Shipping SpA & Anor [2014] EWHC 4202 (Comm) (15 December 2014)

High Court (Family Division)

Birmingham City Council v Riaz & Ors [2014] EWHC 4247 (Fam) (15 December 2014)

High Court (Queen’s Bench Division)

Tate v Ryder Holdings Ltd & Anor [2014] EWHC 4256 (QB) (16 December 2014)

High Court (Technology and Construction Court)

Savoye And Savoye Ltd v Spicers Ltd [2014] EWHC 4195 (TCC) (15 December 2014)

Source: www.bailii.org

Equalities watchdog to investigate Met police over staff discrimination claims – The Guardian

Posted December 16th, 2014 in equality, Equality and Human Rights Commission, London, news, police, race discrimination, sex discrimination by tracey

‘The Metropolitan police are to face a formal investigation by the equalities watchdog into whether the force broke the law and discriminated against staff.’

Full story

The Guardian, 15th December 2014

Source: www.guardian.co.uk

Driver defeats speeding ticket with tape measure – Daily Telegraph

Posted December 16th, 2014 in dismissal, news, road traffic offences, speed cameras by tracey

‘A driver who was sent a ticket for speeding past a primary school successfully defeated the case using only a tape measure.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Burglar on Ministry of Justice trial jailed after his crime spree is mapped out by a GPS tag – Daily Telegraph

Posted December 16th, 2014 in burglary, electronic monitoring, evidence, news, recidivists by tracey

‘One of the first criminals in Britain to be fitted with an advanced type of electronic tag which tracked his every move committed seven burglaries within weeks of being released from jail.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Soho Theatre fined over fall that paralysed stage manager – BBC News

Posted December 16th, 2014 in fines, health & safety, news, personal injuries, theatre by tracey

‘A theatre where a stage manager was paralysed in a fall through an unmarked balcony door on to the stage below has been fined £20,000.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Pyranha Mouldings oven death: Health and safety charges dropped – BBC News

Posted December 16th, 2014 in accidents, corporate manslaughter, health & safety, news by tracey

‘Two men who faced health and safety charges over the death of a factory worker in an industrial oven have had the case against them dropped.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

‘Angel of Death’ murders: TV investigation casts doubt over conviction of Colin Norris – Daily Telegraph

Posted December 16th, 2014 in BBC, Criminal Cases Review Commission, medicines, miscarriage of justice, murder, news, nurses by tracey

‘New scientific evidence casts fresh doubt on the conviction of a nurse who was jailed for a minimum of 30 years for murdering four elderly women and attempting to kill another, according a TV investigation.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

CIA torture report: Theresa May insists she did not demand redactions – Daily Telegraph

Posted December 16th, 2014 in intelligence services, ministers' powers and duties, news, reports, select committees, torture by tracey

‘Theresa May, the Home Secretary, has insisted she did not request any redactions to the American report which exposed graphic details of CIA torture.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

NHS fraud doctor Anthony Madu avoids prison – BBC News

Posted December 16th, 2014 in community service, doctors, fraud, news, sentencing, sick leave, suspended sentences by tracey

‘A gynaecologist who defrauded the NHS out of tens of thousands of pounds working as a locum while off work sick from a Cardiff hospital has avoided prison.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Jordan Begley death: Media can name Taser officers after 2 February – BBC News

Posted December 16th, 2014 in anonymity, appeals, firearms, inquests, news, police by tracey

‘Five police officers who wanted anonymity at an inquest into a man shot with a Taser will be named unless they win an appeal, a coroner has ruled.’

Full story

BBC News, 15th December 2014

Source: www.bbc.co.uk

Commons watchdog will publish names of MPs facing expenses investigation – Daily Telegraph

Posted December 16th, 2014 in disclosure, expenses, media, news, parliament, privacy, private hearings by tracey

‘IPSA will name MPs who face investigation into their expenses, but they will be able to have the hearings in private.’

Full story

Daily Telegraph, 15th December 2014

Source: www.telegraph.co.uk

Father treated ‘like Kafka character’ by Family Court – top judge – Daily Telegraph

Posted December 16th, 2014 in case management, family courts, injunctions, legal representation, news, notification by tracey

‘A father who was banned from his own street, cut off from his children for five months, with no opportunity to defend himself, and then arrested for text messaging his son, was treated like a character from a Kafka novel, a senior judge has admitted.’

Full story

Daily Telegraph, 15th December 2015

Source: www.telegraph.co.uk