Day: 8 May 2015

Regina (Nicolson) v Tottenham Magistrates’ Court – WLR Daily

Posted May 8th, 2015 in civil procedure rules, costs, council tax, enforcement, law reports, local government, news by tracey

Regina (Nicolson) v Tottenham Magistrates’ Court: [2015] EWHC 1252 (Admin); [2015] WLR (D) 204

‘Before being empowered to make an order under regulation 34(7) of the Council Tax (Administration and Enforcement) Regulations 1992 for costs reasonably incurred by a local authority in council tax enforcement proceedings, the magistrates’ court had to have made a proper judicial determination of what costs had been reasonably incurred by the applicant in obtaining the liability order, that determination being based on proper and sufficient material provided by the applicant.’

WLR Daily, 6th May 2015

Source: www.iclr.co.uk

Regina (Gilbert) v Secretary of State for Justice – WLR Daily

Posted May 8th, 2015 in escape from custody, fugitive offenders, judicial review, law reports, parole, prisons, transfer of prisoners by tracey

Regina (Gilbert) v Secretary of State for Justice: [2015] EWHC 927 (Admin); [2015] WLR (D) 202

‘The “absconder policy” in the Consolidated Interim Instructions of 11 August 2014, which precluded categories of prisoner from a transfer to open conditions save in exceptional circumstances, was incompatible with the Secretary of State’s directions to the Parole Board, issued in August 2004, which required phased release via open conditions to test whether a prisoner could be safely released into the community.’

WLR Daily, 1st April 2015

Source: www.iclr.co.uk

Millionaire businessman wins gagging order over alleged sex parties – Daily Telegraph

Posted May 8th, 2015 in blackmail, contempt of court, employment tribunals, fraud, injunctions, news, perjury by tracey

‘A multi-millionaire businessman has won a permanent ban on a former friend and business colleague from exposing details of alleged sex and drugs parties.’

Full story

Daily Telegraph, 7th May 2015

Source: www.telegraph.co.uk

What to do about the new Practice Direction – Pre-Action Conduct – NIPC Law

Posted May 8th, 2015 in civil procedure rules, codes of practice, courts, intellectual property, news, practice directions, pre-action conduct by tracey

‘CPR 63.20 (2) requires those bringing claims in the Intellectual Property Enterprise Court (“IPEC”) including the small claims track to state whether they have complied with paragraph 7.1(1) and Annex A (paragraph 2) of the Practice Direction (Pre-Action Conduct). If they don’t the defendant has an extra 28 days in which to file his or her defence under CPR 63.22 (3). But if you actually turn to the Practice Direction – Pre-Action Conduct you will find that the old paragraph 7 and Annex A aren’t there any more.’

Full story

NIPC Law, 6th May 2015

Source: www.nipclaw.blogspot.co.uk

Monthly Roundup – Costs and Budgeting – Zenith PI

Posted May 8th, 2015 in arbitration, budgets, civil procedure rules, costs, damages, dispute resolution, fees, news, personal injuries by tracey

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

Full story

Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

High Court refuses 100% success fee because trial had not started – Litigation Futures

Posted May 8th, 2015 in appeals, barristers, civil procedure rules, costs, fees, news, personal injuries, solicitors by tracey

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

Full story

Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

Revised framework document for the National Crime Agency – Home Office

Posted May 8th, 2015 in codes of practice, documents, national crime agency, news by tracey

‘This revised framework document replaces the first framework document signed by the Home Secretary and the director general of the National Crime Agency on 15 October 2013.’

Full text

Home Office, 6th May 2015

Source: www.gov.uk/home-office

Student sues Oxford over handling of rape complaints – The Guardian

Posted May 8th, 2015 in complaints, harassment, news, rape, sexual offences, statistics, universities, women by tracey

‘A former Oxford student is launching a legal challenge against the university’s policy on investigating complaints of rape and sexual assault. Elizabeth Ramey, who has chosen to waive her right to anonymity, reported an alleged assault in 2011. There was a police investigation but no prosecution followed because of evidential problems.’

Full story

The Guardian, 7th May 2015

Source: www.guardian.co.uk

Housekeeper jailed for stealing antiques and artwork from employer – The Guardian

Posted May 8th, 2015 in employment, fraud, news, sentencing, theft by tracey

‘A former showjumper who stole antiques and art including a Picasso sketch and Ben Nicholson painting from a countess while working as her housekeeper has been jailed for three years.’

Full story

The Guardian, 7th May 2015

Source: www.guardian.co.uk

Syrian asylum seekers successfully appeal UK convictions – BBC News

Posted May 8th, 2015 in appeals, asylum, Crown Prosecution Service, news, passports, prosecutions, public interest by tracey

‘Two Syrian asylum seekers who were jailed for arriving in the UK without passports, have successfully appealed against their convictions.’

Full story

BBC News, 7th May 2015

Source: www.bbc.co.uk

M1 crash death driver Ian Walters guilty of murdering wife – BBC News

Posted May 8th, 2015 in domestic violence, married persons, murder, news, sentencing by tracey

‘A man accused of murdering his wife by deliberately driving their car into a motorway embankment has been convicted.’

Full story

BBC News, 7th May 2015

Source: www.bbc.co.uk

Mother in legal battle to bear dead daughter’s child – BBC News

Posted May 8th, 2015 in bereavement, children, consent, families, grandparents, news, pregnancy, surrogacy by tracey

‘A mother is launching a legal battle for possession of her dead daughter’s frozen eggs so that she can become pregnant with her own grandchild.’

Full story

The Guardian, 8th May 2015

Source: www.guardian.co.uk