15/01/2015 – Current Awareness

EVENT: IALS – Family Law Reform: Why is it so Hard to Move Beyond Reports? What Can We do? What Can You Do?

Posted January 15th, 2015 in Forthcoming events by sally

‘The Family Law Justice System restructures families and family life. Reports in countless jurisdictions have been critical of the Family Law Justice System. These reports have diagnosed a myriad of problems, (including delay, expense, self-representation, exacerbation of conflict, lack of judicial continuity), called for change, and highlight a broad range of Access to Justice issues. Why is change so hard to effect? What can we do? What can you do?’

Date: 25th March 2015, 6.00-8.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Connor Doughton gets life sentence for Michael Lee Emmett murder – BBC News

Posted January 15th, 2015 in alcohol abuse, learning difficulties, murder, news, sentencing by sally

‘A teenager who murdered a father-of-three has been told he will spend at least 15 years behind bars.’

BBC News, 15th January 2015

Source: www.bbc.co.uk

HMRC Dishonesty Allegation “seriously flawed” – RPC Tax Take

Posted January 15th, 2015 in banking, fraud, HM Revenue & Customs, news, taxation, tribunals, VAT by sally

‘The First-tier Tribunal (Tax Chamber) (“FTT”) has ruled, in Citibank NA v Revenue and Customs Commissioners, that HMRC’s pleadings were “seriously flawed”. When alleging fraud against a taxpayer, HMRC must clearly plead that the taxpayer had a dishonest state of mind.’

RPC Tax Take, 14th January 2015

Source: www.rpc.co.uk

BAILII: Recent Decisions

Posted January 15th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

Regina (Natural England) v Day [2014] EWCA Crim 2683 (18 December 2014)

High Court (Queen’s Bench Division)

Al Hamadani & Anor v Al Khafaf & Ors [2015] EWHC 38 (QB) (14 January 2015)

High Court (Administrative Court)

Continue reading…

Law Society of England and Wales v Shah – WLR Daily

Posted January 15th, 2015 in disciplinary procedures, injunctions, law reports, Law Society, solicitors by sally

Law Society of England and Wales v Shah [2014] EWHC 4382 (Ch); [2015] WLR (D) 5

‘The supervisory jurisdiction embodied in section 50 of the Solicitors Act 1974 could not be invoked by the Law Society in the case of a solicitor who may have pretended to be one, but who had not necessarily done so, who denied doing so, and had not been cross-examined on the issue. Section 41(4)(c) of the 1974 Act was wide enough to enable the court to grant an order against a struck off former solicitor, which could be framed so as to restrain him from committing criminal acts, namely that of acting as a solicitor when disqualified, or carrying on a reserved legal activity without entitlement to do so.’

WLR Daily, 12th January 2015

Source: www.iclr.co.uk

Good Samaritan Law – BBC Unreliable Evidence

Posted January 15th, 2015 in crime, doctors, duty of care, homicide, negligence, news, nurses, volunteers by sally

‘Clive Anderson and guests ask why Britain, unlike many other countries in the world, has no general law which requires people to behave like good Samaritans, punishing those who fail to help others in trouble.’

BBC Unreliable Evidence, 14th January 2015

Source: www.bbc.co.uk

Whiplash Quantum Update – Zenith PI Blog

Posted January 15th, 2015 in damages, news, personal injuries, road traffic offences by sally

‘There are increasing numbers of post-April 2013 personal injury settlements being reported, many of which contain specific reference to the damages figure including the 10% uplift provided for by Simmons v Castle [2012] EWCA Civ 1288.’

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Football ‘spot-fixing’ case dropped – BBC News

Posted January 15th, 2015 in evidence, fraud, gambling, media, news, prosecutions, sport by sally

‘The case against 13 footballers investigated over alleged spot-fixing has been dropped due to “insufficient evidence”, the CPS has said.’

BBC News, 15th January 2015

Source: www.bbc.co.uk

Accidents abroad: The need for evidence of local standards – Zenith PI Blog

Posted January 15th, 2015 in accidents, foreign jurisdictions, health & safety, holidays, news, personal injuries by sally

‘A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator. The Court of Appeal overturned the first instance decision where there had been no evidence of local standards of care and the judge had wrongly imposed an evidential burden of proof on the holiday company to prove it exercised reasonable care and skill in performance of the contract.’

Zenith PI Blog, 13th January 2015

Source: www.zenithpi.wordpress.com

Corporate manslaughter prosecutions “gathering momentum”, says expert, as kayak firm convicted – OUT-LAW.com

Posted January 15th, 2015 in corporate manslaughter, health & safety, news, prosecutions by sally

‘The successful prosecution of a firm for corporate manslaughter following the death of a worker who had become trapped in an industrial oven demonstrates the need for firms to ensure that health and safety risks are properly managed, an expert has said.’

OUT-LAW.com, 13th January 2015

Source: www.out-law.com

Judge criticised after claiming 16-year-old pupil groomed teacher – The Guardian

Posted January 15th, 2015 in abuse of position of trust, appeals, news, sentencing, sexual grooming, suspended sentences, teachers, victims by sally

‘A judge is facing criticism after she handed down a suspended sentence to a teacher found guilty of having sex with a pupil and said the 16-year-old girl had “groomed” him.’

The Guardian, 14th January 2015

Source: www.guardian.co.uk

Google launches challenge to Max Mosley’s privacy bid – BBC News

Posted January 15th, 2015 in data protection, internet, news, privacy by sally

‘Google has asked the High Court to throw out legal action being taken by ex-Formula 1 boss Max Mosley.’

BBC News, 14th January 2015

Source: www.bbc.co.uk

Child abuse survivors push Theresa May to save independent inquiry – The Guardian

Posted January 15th, 2015 in child abuse, inquiries, news, victims by sally

‘Theresa May is under intense pressure to save the independent inquiry into child abuse after survivors groups condemned it as a mess and demanded she rip up the process and start again.’

The Guardian, 14th January 2015

Source: www.guardian.co.uk

The end of the CCTV era? – BBC News

Posted January 15th, 2015 in closed circuit television, crime prevention, local government, news, police, reports by sally

‘Twenty years ago the government backed a major expansion of the CCTV network – now funds are being cut and cameras shut off. Is the UK’s CCTV boom over, asks Rachel Argyle.’

BBC News, 15th January 2015

Source: www.bbc.co.uk

The unkindest cut: Criminal record for elderly neighbours who cut back man’s clematis – The Independent

Posted January 15th, 2015 in conditional discharge, costs, criminal damage, elderly, news by sally

‘Two pensioners in their 80s have been convicted of criminal damage after deliberately cutting back their neighbour’s clematis with secateurs against her wishes.’

The Independent, 14th January 2015

Source: www.independent.co.uk

Tulisa Constavlos loses appeal over assault conviction – Daily Telegraph

Posted January 15th, 2015 in appeals, assault, news by sally

‘Former X Factor judge loses appeal against conviction for hitting celebrity blogger Savvas Morgan during row at V Festival in Chelmsford’

Daily Telegraph, 14th January 2015

Source: www.telegraph.co.uk

Information commissioner calls for protection of private data amid calls for ‘snooper’s charter’ – The Independent

Posted January 15th, 2015 in data protection, intelligence services, investigatory powers, news, privacy by sally

‘The information commissioner has called for the establishment of a US-style agency to defend the privacy of citizens amid growing calls for the reintroduction of the “snoopers’ charter”.’

The Independent, 13th January 2015

Source: www.independent.co.uk

Sex teacher Stuart Kerner’s ‘unduly lenient’ sentence may be reviewed – BBC News

Posted January 15th, 2015 in appeals, attorney general, news, sentencing, sexual offences, stalking, suspended sentences, teachers by sally

‘The Attorney General is to consider whether a suspended sentence handed to a religious studies teacher who had a sex with a pupil should be reviewed.’

BBC News, 14th January 2015

Source: www.bbc.co.uk

Victims of contaminated NHS blood launch legal case – BBC News

Posted January 15th, 2015 in blood products, compensation, disability discrimination, health, news, reports by sally

‘Three men who contracted hepatitis C from contaminated imported blood have begun a legal case in the UK to challenge the compensation scheme.’

BBC News, 15th January 2015

Source: www.bbc.co.uk

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