19/01/2015 – Current Awareness

Grime Rap ‘Gangbo’ appeal fails in High Court – Diarmuid Laffan – UK Human Rights Blog

Posted January 19th, 2015 in appeals, bills, gangs, human rights, injunctions, interpretation, news, police by tracey

‘Chief Constable of the Greater Manchester Police v Scott Calder [2015]. The Greater Manchester Police (‘GMP’) have been unsuccessful in an attempt to obtain an Injunction to Prevent Gang-Related Violence (“IPGV” or “Gangbo”) against Scott Calder. The application was based on police intelligence and the lyrics of Mr Calder’s YouTube Grime Rap videos. On 14 January 2015, Mr Justice Blake dismissed the GMP’s appeal to the High Court, and in doing so laid out guidance on the purpose and ambit of the IPGV legislation, which is currently being substantially amended by Parliament.’

Full story

UK Human Rights Blog, 19th January 2015

Source: www.ukhumanrightsblog.com

Male circumcision can be part of “reasonable parenting”, but no form of FGM is acceptable – Family Court – UK Human Rights Blog

Posted January 19th, 2015 in children, expert witnesses, family courts, female genital mutilation, news by tracey

‘B and G (Children) (No.2) [2015] EWFC 3. Contemplating the details of different forms of female genital mutilation is not for the faint hearted. But that is what the courts and the relevant experts have to do, not only to protected alleged victims but to defend the interests of those suspected of perpetuating the procedure, whether it is a question of criminal liability under the FGM Act 2003, or determining that a threshold of harm has been passed so as to initiate care proceedings if the victim is a child.’

Full story

UK Human Rights Blog, 18th January 2015

Source: www.ukhumanrightsblog.com

General damages are not reduced because of age: the law set out with clarity – Zenith PI Blog

Posted January 19th, 2015 in damages, elderly, medical treatment, negligence, news, personal injuries by tracey

‘There are many reasons why personal injury litigators should read the decision of Judge Curran QC (sitting as a judge of the High Court) in Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB). One of the reasons is the detailed analysis of the argument that damages for pain and suffering should automatically be reduced because of a claimant’s age. As the judgment shows age can be an aggravating factor, not a matter that leads to a reduction in the award.’

Full story

Zenith PI Blog, 17th January 2015

Source: www.zenithpi.wordpress.com

Enhanced court fees: the government response to part 2 of the consultation on reform of court fees – Ministry of Justice

Posted January 19th, 2015 in budgets, civil justice, consultations, costs, courts, fees, Ministry of Justice, press releases by tracey

‘The government response to part 2 of the consultation on reform of court fees and further proposals for consultation.’

Full press release

Ministry of Justice, 16th January 2015

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

Government set to hike general civil application fees – Litigation Futures

Posted January 19th, 2015 in budgets, civil justice, consultations, costs, courts, fees, Ministry of Justice, news by tracey

‘The government has dropped plans for “enhanced” court fees specifically for commercial cases, but is now targeting increased fees for the hundreds of thousands of general civil applications made each year.’

Full story

Litigation Futures, 19th January 2015

Source: www.litigationfutures.com

Court fees: Proposals for reform – Judicial responses – Judiciary of England and Wales

Posted January 19th, 2015 in budgets, civil justice, consultations, costs, courts, fees, judiciary, Ministry of Justice, press releases by tracey

‘Responses of the Lord Chief Justice, senior judiciary and the Civil Justice Council to the Ministry of Justice (MoJ) Consultation on Court fees – enhanced charging.’

Full text

Judiciary of England and Wales, 16th January 2015

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 19th, 2015 in legislation by tracey

The Insolvency Proceedings (Monetary Limits) (Amendment) Order 2015

The Local Audit (Health Service Bodies Auditor Panel and Independence) Regulations 2015

The Welfare Benefits Up-rating Order 2015

The Veterinary Surgeons and Veterinary Practitioners (Registration) Regulations Order of Council 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted January 19th, 2015 in law reports by tracey

Court of Appeal (Civil Division)

Richards, R (on the application of) v Teesside Magistrates’ Court & Anor [2015] EWCA Civ 7 (16 January 2015)

Gilks & Anor v Hodgson & Anor [2015] EWCA Civ 5 (15 January 2015)

Savage, R (on the application of) v Mansfield District Council & Anor [2015] EWCA Civ 4 (15 January 2015)

High Court (Administrative Court)

Ordanduu GmbH & Anor, R (on the application of) v Phonepayplus Ltd [2015] EWHC 50 (Admin) (16 January 2015)

Elashmawy v Court of Brescia, Italy & Ors [2015] EWHC 28 (Admin) (16 January 2015)

Ahmed, R (on the application of) v The Secretary of State for the Home Department [2015] EWHC 23 (Admin) (15 January 2015)

Galaxy Land Ltd, R (on the application of) v Durham County Council [2015] EWHC 16 (Admin) (15 January 2015)

Dilks, R (on the application of) v The Secretary of State for Justice & Anor [2015] EWHC 11 (Admin) (15 January 2015)

High Court (Chancery Division)

Thwaytes v Sotheby’s [2015] EWHC 36 (Ch) (16 January 2015)

The High Commissioner for Pakistan in the United Kingdom v National Westminster Bank Plc & Ors [2015] EWHC 55 (Ch) (16 January 2015)

Plaza BV v The Law Debenture Trust Corporation Plc [2015] EWHC 43 (Ch) (16 January 2015)

Reinhard v Ondra LLP & Ors (Rev 1) [2015] EWHC 26 (Ch) (14 January 2015)

High Court (Commercial Court)

Navig8 Inc v South Vigour Shipping Inc & Ors [2015] EWHC 32 (Comm) (16 January 2015)

Impala Warehousing and Logistics (Shanghai) Co.Ltd v Wanxiang Resources (Singapore) PTE Ltd [2015] EWHC 25 (Comm) (15 January 2015)

Suez Fortune Investments Ltd & Anor v Talbot Underwriting Ltd & Ors Re: M/V Brillante Virtuoso [2015] EWHC 42 (Comm) (15 January 2015)

High Court (Queen’s Bench Division)

ST v Maidstone and Tunbridge Wells NHS Trust [2015] EWHC 51 (QB) (16 January 2015)

High Court (Technology and Construction Court)

Oakrock Ltd v Travelodge Hotels Ltd & Ors [2015] EWHC 30 (TCC) (16 January 2015)

BPC Hotels Ltd & Ors v Brooke North (A Firm) [2015] EWHC 27 (TCC) (16 January 2015)

Savoye And Savoye Ltd v Spicers Ltd [2015] EWHC 33 (TCC) (15 January 2015)

Surce: www.bailii.org

Operation Elveden: Journalists cleared in Sun trial – BBC News

Posted January 19th, 2015 in conspiracy, corruption, media, misfeasance in public office, news, police by tracey

‘Four journalists have been cleared of plotting to pay officials while working at the Sun newspaper.’

Full story

BBC News, 16th January 2015

Source: www.bbc.co.uk

Connor Barrett party murder youths jailed for life – BBC News

Posted January 19th, 2015 in murder, news, sentencing, young offenders by tracey

‘Two teenagers who murdered a man at a 21st birthday party they gatecrashed have been jailed.’

Full story

BBC News, 16th January 2015

Source: www.bbc.co.uk

Theresa May’s new FGM reporting rules ‘will stop families seeking help’ – The Guardian

Posted January 19th, 2015 in child abuse, children, doctors, female genital mutilation, news, police, prosecutions, statistics by tracey

‘Plans by the home secretary, Theresa May, to force health professionals to report cases of female genital mutilation (FGM) to the police are unlikely to lower the extent of abuse and risk dissuading families from seeking medical help, according to the Royal College of Paediatrics and Child Health.’

Full story

The Guardian, 17th January 2015

Source: www.guardian.co.uk

Legal aid cuts hit divided families as contact centres close down – The Guardian

Posted January 19th, 2015 in budgets, children, families, legal aid, news by tracey

‘Child contact centres, where children meet their separated parents who cannot agree access rights, are disappearing as legal aid cuts take effect.The National Association for Child Contact Centres (NACCC) says 40 centres have closed in the last 18 months across England and Wales – and the pace of closures is accelerating. It says that, because it can no longer obtain legal aid, the number of parents accessing the family courts to resolve their problems has halved. As a result they are not receiving advice from solicitors who are likely to refer them to the centres.’

Full story

The Guardian, 17th January 2015

Source: www.guardian.co.uk

Pledge to end locking up mentally ill in police cells – BBC News

Posted January 19th, 2015 in detention, hospitals, mental health, news, police, quality assurance, statistics by tracey

‘Authorities in England have pledged to bring an end to the practice of detaining people with mental health problems in police cells. The NHS, councils and police are now set to come up with plans for how they will achieve this, the government said.’

Full story

BBC News, 18th January 2015

Source: www.bbc.co.uk

Australian litigation funder plans more mass claims against big UK firms – The Guardian

Posted January 19th, 2015 in bills, class actions, consumer protection, foreign jurisdictions, news by tracey

‘The Australian litigation funder coordinating shareholders’ legal action against Tesco is promising to launch more mass claims against large firms in the UK.’

Full story

The Guardian, 18th January 2015

Source: www.guardian.co.uk

DPP to consult on greater assistance to victims giving evidence at court – Crown Prosecution Service

Posted January 19th, 2015 in assault, barristers, codes of practice, consultations, cross-examination, Crown Prosecution Service, harassment, rape, sexual offences, victims, witnesses by tracey

‘Alison Saunders, the Director of Public Prosecutions, has today [19 January 2015] published a major consultation on the approach to ensuring victims are properly assisted for the trial process at court and called for an overhaul of the service provided to witnesses to ensure that they are able to give the best possible evidence. The proposals are subject to an eight week public consultation.’

Full consultation

Crown Prosecution Service, 19th January 2015

Source: www.cps.gov.uk

Rape victims will be warned of defence lawyer tactics under new guidelines – Daily Telegraph

Posted January 19th, 2015 in assault, barristers, codes of practice, consultations, coroners, cross-examination, Crown Prosecution Service, harassment, news, rape, sexual offences, victims, witnesses by tracey

‘Director of Public Prosecutions launches controversial new guidelines intended to help victims and witnesses through giving evidence in court.’

Full story

Daily Telegraph, 19th January 2015

Source: www.telegraph.co.uk