Kandola v Generalstaatwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnburg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) – WLR Daily

Posted March 24th, 2015 in appeals, extradition, law reports by sally

Kandola v Generalstaatwaltschaft Frankfurt, Germany; Droma v State Prosecutor Nurnburg-Furth, Bavaria, Germany; Ijaz v The Court of Milan (An Italian Judicial Authority) [2015] EWHC 619 (Admin); [2015] WLR (D) 126

‘In the context of an extradition appeal the court set out the approach to be taken in applying section 12A of the Extradition Act 2003.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Abattoir boss fined £8,000 over horsemeat charges – The Guardian

Posted March 24th, 2015 in fines, food, forgery, news, sentencing, suspended sentences by sally

‘A slaughterhouse boss has become the first person to be sentenced in connection with the horsemeat scandal that rocked British supermarkets in 2013.’

Full story

The Guardian, 23rd March 2015

Source: www.guardian.co.uk

Is privacy dead? – OUP Blog

Posted March 24th, 2015 in data protection, EC law, human rights, internet, news, privacy by sally

‘In 1980, personal computers were still in their infancy, and the internet did not exist. There were, of course, genuine concerns about threats to our privacy, but, looking back at my book of that year, they mostly revolved around telephone tapping, surveillance, and unwanted press intrusion. Data protection legislation was embryonic, and the concept of privacy as a human right was little more than a chimera.’

Full story

OUP Blog, 20th March 2015

Source: http://blog.oup.com

Taunton street preacher convicted for homophobic sermon – BBC News

‘A Christian street preacher has been convicted of delivering homophobic sermons in the middle of a high street.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Barristers’ regulator lobbies for QC re-accreditation – Legal Futures

Posted March 24th, 2015 in barristers, criminal justice, news, quality assurance, queen's counsel by sally

‘The Bar Standards Board (BSB) has issued a formal request to Queen’s Counsel Appointments (QCA) – the body which runs the annual silk round – to consider developing a system of re-accrediting criminal QCs as “it is not in the public interest to exempt QCs from quality assurance”.’

Full story

Legal Futures, 24th March 2015

Source: www.legalfutures.co.uk

‘Arrange family court open days’ – judiciary – Law Society’s Gazette

Posted March 24th, 2015 in children, courts, family courts, legal education, news, reports, witnesses by sally

‘Family courts should have annual open days for children, a report from the judiciary recommends.’

Full story

Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

Airlines face court threat over customer services – BBC News

Posted March 24th, 2015 in airlines, compensation, consumer protection, delay, news by sally

‘Three airlines are facing legal action over complaints about how they handle passengers hit by flight disruptions.’

Full story

BBC News, 21st March 2015

Source: www.bbc.co.uk

Home Office to blacklist extremists to protect public sector – The Guardian

‘The Home Office is drawing up a blacklist of extremist individuals and organisations with whom the government and public sector should not engage, Theresa May has revealed.’

Full story

The Guardian, 23rd March 2015

Source: www.guardian.co.uk

The true statistics behind judicial review’s success rates – UK Human Rights Blog

Posted March 24th, 2015 in judicial review, news, statistics, trials by sally

‘Avid readers of the legal press may have spotted the eye-catching statistic that in 2014 a meagre 1% of claims for judicial review were successful.’

Full story

UK Human Rights Blog, 23rd March 2015

Source: www.ukhumanrightsblog.com

Canadian domestic abuse victim Sandra Sidey can stay in UK – BBC News

Posted March 24th, 2015 in appeals, deportation, domestic violence, immigration, news, tribunals, victims by sally

‘A Canadian woman who was told she could not stay in Britain after ending her relationship with a violent partner has won indefinite leave to remain.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Avoiding the Accidental Settlement – No. 5 Chambers

Posted March 24th, 2015 in agreements, contracts, news by sally

‘The question of whether two Parties have entered in to a binding settlement compromising a case is often just as (if not more) acrimonious matter as the substantive case. In particular as the devil is often in the detail of any settlement, the intention is often that even where settlement is agreed in principle, one party does not wish to be bound to the settlement until all the terms are agreed and embodied in a signed document. If this is the intention then it is important that the same is made well known to the other negotiating party, in order to avoid the pitfall of finding oneself having inadvertently entering in to a binding settlement, prior to concluding those subsequent negotiations.’

Full story

No. 5 Chambers, 13th January 2015

Source: www.no5.com

Police bail time limit announced by home secretary – BBC News

Posted March 24th, 2015 in bail, news, police, time limits by sally

‘Time limits on police bail in England and Wales have been announced by Home Secretary Theresa May.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

New powers for relatives of missing people – Law Society’s Gazette

‘A new law will allow relatives of missing people to take charge of their family member’s property and financial affairs, such as suspending direct debit payments for mobile phone and utility bills, and making mortgage payments, the Ministry of Justice announced today.’

Full story

Law Society’s Gazette, 23rd March 2015

Source: www.lawgazette.co.uk

‘Catastrophic failure’ allowed convicted killer to murder on day release – The Guardian

Posted March 24th, 2015 in murder, news, release on licence, reports by sally

‘A convicted killer was allowed out on day release, leaving him free to murder a good samaritan in a decision described as a “catastrophic failure” by the chief inspector of prisons.’

Full story

The Guardian, 23rd March 2015

Source: www.guardian.co.uk

Maurice McCullough, 75, posed as 16-year-old to groom girl for sex – BBC News

Posted March 24th, 2015 in elderly, incitement, news, sentencing, sexual grooming, sexual offences by sally

‘A 75-year-old man who posed as a 16-year-old boy on social media to groom a young girl into have sex with him has been jailed for 10 years.’

Full story

BBC News, 23rd March 2015

Source: www.bbc.co.uk

Barco De Vapor BV and others v Thanet District Council – WLR Daily

Barco De Vapor BV and others v Thanet District Council [2014] EWHC 490 (Ch); [2015] WLR (D) 127

‘Council Regulation (EC) No 1/2005 harmonised the law on the protection, welfare and health of animals during transport. Accordingly, the imposition of an animal welfare measure not in accordance with the Regulation which had the effect of restricting the free movement of goods was an unjustified breach of article 35FEU of the FEU Treaty.’

WLR Daily, 27th February 2015

Source: www.iclr.co.uk

FAS v Bradford Metropolitan District Council and another – WLR Daily

Posted March 23rd, 2015 in adoption, children, citizenship, family courts, immigration, law reports by sally

FAS v Bradford Metropolitan District Council and another [2015] EWHC 622 (Fam); [2015] WLR (D) 128

‘It remained the case that the court would rarely make an adoption order when it would confer no benefits upon the child during its childhood but gave it a right of abode for the rest of its life. The proposition to that effect in In re B (A Minor) (Adoption Order: Nationality) [1999] 2 AC 136, 141–142, decided in the context of section 6 of the Adoption Act 1976 and the need to promote and safeguard the welfare of the child “throughout his childhood”, still applied despite the change in the welfare test effected by the Adoption and Children Act 2002, which now provided that the paramount (as opposed to the first) consideration was the child’s welfare “throughout his life”. Thus, where the court was in effect being asked to use adoption to confer citizenship prospectively upon an adult the courts were reluctant to trespass upon the area of the Home Secretary’s authority entrusted to him by Parliament.’

WLR Daily, 13th March 2015

Source: www.iclr.co.uk

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) – WLR Daily

Deutsche Bank AG London Branch v Petromena ASA (in bankruptcy) [2015] EWCA Civ 226; [2015] WLR (D) 133

‘Where a party, which entered an acknowledgment of service to proceedings and made an unsuccessful challenge against the jurisdiction of the English court to hear the proceedings, had entered a further acknowledgment of service in its application for permission to appeal against the court’s decision to refuse its challenge, that party would have submitted to the jurisdiction of the English court, within article 24 of the Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters (2007), because of the provisions of CPR r 11(8), unless it had first applied to the court for an extension of time to file the further acknowledgment of service sufficient to enable the application for permission to appeal, or the appeal if permission was granted, to be determined.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Regina (Chaudhary) v Crown Court at Bristol and another – WLR Daily

Posted March 23rd, 2015 in costs, criminal procedure, judicial review, law reports by sally

Regina (Chaudhary) v Crown Court at Bristol and another [2015] EWHC 723 (Admin); [2015] WLR (D) 131

‘The legislative changes effected by the introduction of the Criminal Procedure Rules revoked the Crown Court Rules 1982 in so far as they related to an award of costs in criminal cases in the Crown Court. Accordingly, there was no power under rule 12 of the Crown Court Rules enabling the Crown Court to make an order for costs in relation to an application under section 59 of the Criminal Justice and Police Act 2001 for the return of items seized pursuant to a search warrant.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

Regina v Doran and another – WLR Daily

Regina v Doran and another [2015] EWCA Crim 384; [2015] WLR (D) 129

‘A surveillance operation mounted by Revenue and Customs because they suspected that a consignment of cigarettes were being imported with the purpose of evading the duty payable did not result in a disconnection between the goods and the importers. Revenue and Customs were thereby monitoring the import, not controlling it, so that a judge was entitled to find that the importers were “holding” the goods within the meaning of regulation 13(1) of the Tobacco Products Regulations 2001 and, by that means, were retaining their connection with the goods at the excise duty point.’

WLR Daily, 17th March 2015

Source: www.iclr.co.uk