Recent Statutory Instruments – legislation.gov.uk

Posted February 26th, 2015 in legislation by sally

SI 2015/329 – The Election Judges Rota Rules 2015

SI 2015/326 – The Criminal Legal Aid (General) (Amendment) Regulations 2015

SI 2015/325 – The Civil and Criminal Legal Aid (Remuneration) (Amendment) Regulations 2015

SI 2015/316 – The Town and Country Planning (Hearings and Inquiries Procedure) (England) (Amendment and Revocation) Rules 2015
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BAILII: Recent Decisions

Posted February 26th, 2015 in law reports by sally

Court of Appeal (Criminal Division)

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Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening); Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 33; [2015] WLR (D) 83

‘Domestic workers employed as members of the service staff of foreign diplomatic missions in the United Kingdom were entitled to bring proceedings asserting their employment rights against the employer state, in claims including unfair dismissal and breach of working time provisions, and such claims were not barred by the doctrine of state immunity pursuant to provisions in the State Immunity Act 1978.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Regina v McDowell; Regina v Singh – WLR Daily

Posted February 26th, 2015 in appeals, confiscation, law reports, licensing, proceeds of crime, sentencing, waste by sally

Regina v McDowell; Regina v Singh [2015] EWCA Crim 173; [2015] WLR (D) 84

‘Where trading receipts were obtained as a result of lawful trading activity rather than a failure to register particulars with the local authority under the Scrap Metal Dealers Act 1964 before carrying on business as a scrap metal dealer, the trading activity was not criminal conduct from which benefit accrued, and the trading receipts were excluded from the criminal lifestyle provisions under section 75(2) of the Proceeds of Crime Act 2002.’

WLR Daily, 19th February 2015

Source: www.iclr.co.uk

JSC Bank of Moscow v Kekhman and others – WLR Daily

Posted February 26th, 2015 in banking, bankruptcy, domicile, insolvency, law reports by sally

JSC Bank of Moscow v Kekhman and others [2015] EWHC 396 (Ch); [2015] WLR (D) 82

‘When considering whether to exercise its discretion to make a bankruptcy order on a debtor’s petition, the court was to have regard to whether the petitioner could show (1) that he had a sufficiently close connection with England and Wales; (2) that there was a reasonable possibility of benefit resulting from the making of a bankruptcy order; and (3) that one or more persons interested in the distribution of assets were persons over whom the English court could exercise jurisdiction.’

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

Regina v Gurpinar; Regina v Kojo-Smith and another – WLR Daily

Posted February 26th, 2015 in appeals, defences, evidence, homicide, juries, law reports, provocation by sally

Regina v Gurpinar; Regina v Kojo-Smith and another [2015] EWCA Crim 178; [2015] WLR (D) 80

Where a defendant was charged with murder and the issue arose as to whether the partial defence of loss of self-control should be left to the jury the trial judge had to undertake a much more rigorous evaluation of the evidence before that defence could be left to the jury than had been required under the former law of provocation.

WLR Daily, 20th February 2015

Source: www.iclr.co.uk

“Keep our kids safe from predators” FB page on the rampage again – UK Human Rights Blog

Posted February 26th, 2015 in damages, human rights, internet, news, privacy, release on licence by sally

‘The plaintiff was a former sex offender who had been identified on a Facebook page run by the second defendant called “Keep Our Kids Safe From Predators 2″. He had been released on licence and he was apprehensive about his safety upon his return to the community.’

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UK Human Rights Blog, 25th February 2015

Source: www.ukhumanrightsblog.com

Barrister disbarred for practising without valid PC – Law Society’s Gazette

Posted February 26th, 2015 in barristers, crime, disciplinary procedures, disqualification, fines, news by sally

‘A barrister has been disbarred after he was found to have practised for almost 10 months without a valid practising certificate.’

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Law Society’s Gazette, 23rd February 2015

Source: www.lawgazette.co.uk

Facing justice: judgment against Facebook in privacy/data protection case – Panopticon

Posted February 26th, 2015 in data protection, EC law, internet, news, privacy by sally

‘The extent to which privacy and data protection rights can effectively resonate within the online environment is an acutely important issue for all information law practitioners. Moreover, it is an issue which seems to be gaining ever increasing traction in the litigation context, as is illustrated not least by the following developments.’

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Panopticon, 25th February 2015

Source: www.panopticonblog.com

EVENT: The Trial of Macbeth

Posted February 26th, 2015 in Forthcoming events by sally

‘What if everything you knew about Macbeth was challenged?

Could a line-up of top QCs change his fate?

Following the 2011 sell-out Trial of Romeo, Shakespeare Schools Festival return to the courtroom putting a killer cast of actors – including Christopher Eccleston, Haydn Gwynne and David Oakes – in the box to be questioned by the stars of the bar – John Kelsey-Fry QC, Jonathan Laidlaw QC, Dinah Rose QC, and Ian Winter QC.

Jeremy Paxman chairs the jury and High Court judge Sir Michael Burton keeps order during this unforgettable fundraising event.’

Date: 8th March 2015, 7.00pm

Location: Noel Coward Theatre

Charge: see website for details

More information can be found here.

Attorney General defends government’s record on rule of law, including JR reform – Litigation Futures

Posted February 26th, 2015 in attorney general, judicial review, news, rule of law, speeches by sally

The government has “stood up for the rule of law” and should be proud of its record, the Attorney General, Jeremy Wright QC, has argued, in a strongly-worded speech on the last day of the Global Law Summit.

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Litigation Futures, 26th February 2015

Source: www.litigationfutures.com

Lords inflict government defeat over visa laws – BBC News

Posted February 26th, 2015 in amendments, bills, news, parliament, visas by sally

‘The government has suffered a narrow defeat in the House of Lords over its Modern Slavery Bill.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

Prison officer Mark Blake ‘justified’ leaks to The Sun – BBC News

‘An officer at a Serco-run immigration centre justified leaking stories to The Sun by claiming the firm turned a blind eye to corruption, a court has heard.’

Full story

BBC News, 25th February 2015

Source: www.bbc.co.uk

Why is the immigration tribunal so uniquely impervious to modernity? – Free Movement

‘In a recent determination, the President of the Upper Tribunal suggested that documents and submissions could be sent electronically to the tribunal in order to facilitate efficient justice:

“…parties and their representatives are strongly encouraged to communicate electronically with the Tribunal and, further, to seek confirmation that important communications and/or attachments have been received.”‘

Full story

Free Movement, 26th February 2015

Source: www.freemovement.org.uk

TV ad for ‘world’s slimmest phone’ banned for objectifying women – The Guardian

Posted February 26th, 2015 in advertising, complaints, news, women by sally

‘A TV ad for the “world’s slimmest phone” has been banned for objectifying women.’

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The Guardian, 25th February 2015

Source: www.guardian.co.uk

Jimmy Savile: Stoke Mandeville abuse report to be published – The Guardian

Posted February 26th, 2015 in child abuse, hospitals, news, reports, sexual offences by sally

‘A key report into the sexual abuse by Jimmy Savile of patients at Stoke Mandeville hospital is to be published on Thursday.’

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The Guardian, 26th February 2015

Source: www.guardian.co.uk

Eirian Davies wins £1.3m of family farm in Carmarthenshire – BBC News

Posted February 26th, 2015 in agricultural holdings, compensation, employment, families, news, wills by sally

‘A farmer’s daughter has won £1.3m after working on her parents’ farm for nothing as a teenager while her sisters were having fun.’

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BBC News, 25th February 2015

Source: www.bbc.co.uk

Teacher gets life-long ban from profession after admitting affair with student – The Independent

Posted February 26th, 2015 in disqualification, news, professional conduct, teachers by sally

‘A 26-year-old teacher has been disqualified from the profession for life after she admitted to an affair with a student.’

Full story

The Independent, 25th February 2015

Source: www.independent.co.uk