13/05/2015 – Current Awareness

In re MN (An Adult) (Court of Protection: Jurisdiction) – WLR Daily

Posted May 13th, 2015 in appeals, Court of Protection, disabled persons, human rights, law reports, mental health by tracey

In re MN (An Adult) (Court of Protection: Jurisdiction): [2015] EWCA Civ 411; [2015] WLR (D) 208

‘The function of the Court of Protection was to take, on behalf of adults who lacked capacity, the decisions which, if they had capacity, they would take themselves. The Court of Protection was thus confined to choosing between available options, including those which there was good reason to believe would be forthcoming in the foreseeable future and, in the final analysis, could not compel a public authority to agree to a care plan which the authority was unwilling to implement.’

WLR Daily, 7th May 2015

Source: www.iclr.co.uk

Court of Appeal: female prisoners released to bail hostels are not discriminated against – Halsbury’s Law Exchange

Posted May 13th, 2015 in bail, news, prisons, sex discrimination, women by tracey

‘The Court of Appeal recently grappled with Approved Premises for women in the case of Coll v Secretary of State for Justice [2015] EWCA Civ 328. The appellant is serving a mandatory life sentence for murder and brought the challenge on the basis that women have been the subject unlawful sex discrimination as a result of the AP regime. It was argued it was both direct and indirect discrimination. In the High Court, Justice Cranston upheld a separate submission that the Secretary of State (SSJ) was in breach of its public sector equality duty (S.149 Equality Act 2010). This finding was not appealed by the SSJ in the Court of Appeal.’

Halsbury’s Law Exchange, 12th May 2015

Source: www.halsburyslawexchange.co.uk

High Court critical of Pickles’ approach to neighbourhood planning appeal – OUT-LAW.com

Posted May 13th, 2015 in appeals, news, planning by tracey

‘The High Court has allowed an appeal against the decision of outgoing communities secretary Eric Pickles to block a 120-home development in a West Sussex village after Pickles was found to have placed too much weight on the policies of an emerging neighbourhood plan and failed properly to justify his decision in line with government planning policy.’

OUT-LAW.com, 12th May 2015

Source: www.out-law.com

Priestley v Dunbar and Co – Zenith PI

Posted May 13th, 2015 in appeals, delay, negligence, news, setting aside by tracey

‘Denton and Delay: to what extent should delay impact upon an application to set aside judgment?’

Zenith PI, 13th May 2015

Source: www.zenithpi.wordpress.com

Local authority prosecutes housing association tenant for unlawful subletting – Local Government Lawyer

Posted May 13th, 2015 in benefits, fraud, housing, landlord & tenant, local government, news by tracey

‘Enfield Council is claiming to have become the first local authority nationally to have used the Prevention of Social Housing Fraud Act 2013 to successfully prosecute a housing association tenant for unlawful subletting.’

Local Government Lawyer, 12th May 2015

Source: www.localgovernmentlawyer.co.uk

Extend divorce mediation meetings to “smaller civil cases”, Lord Neuberger says – Litigation Futures

Posted May 13th, 2015 in dispute resolution, divorce, news by tracey

‘Lord Neuberger has said that the compulsory mediation information and assessment meetings (MIAMs) introduced for separating couples should be extended to “smaller civil cases”.’

Litigation Futures, 13th May 2015

Source: www.litigationfutures.com

High Court rejects challenge to closure of ABS from solicitor who “lost ethical compass” – Legal Futures

Posted May 13th, 2015 in alternative business structures, news, ombudsmen, solicitors, Solicitors Regulation Authority by tracey

‘The High Court has rejected a challenge to the closure of an alternative business structure by the Solicitors Regulation Authority (SRA). It was the first time an ABS closure decision has been tested in the High Court.’

Legal Futures, 13th May 2015

Source: www.legalfutures.co.uk

Time for a Regulated Process for Surrogate Parents? – Family Law Week

Posted May 13th, 2015 in custody, families, news, regulations, surrogacy by tracey

‘Natalie Gamble, solicitor, of Natalie Gamble Associates and Elizabeth Isaacs QC of St Ives Chambers consider the significance of H v S (Surrogacy Agreement) in which Ms Justice Russell awarded care of a surrogate child to a gay couple.’

Family Law Week, 12th May 2015

Source: www.familylawweek.co.uk

Lithuanian MPs petition Lords Speaker over child custody case – The Guardian

Posted May 13th, 2015 in children, custody, EC law, human rights, immigration, international relations, legal aid, litigants in person, news by tracey

‘A delegation of Lithuanian MPs has written to the House of Lords complaining about the removal of a 12-year-old girl from her mother, alleging that she is being deprived of her cultural inheritance. The letter, sent to the Speaker of the House of Lords, Lady D’Souza, is the second high-profile intervention by a Baltic state in UK care proceedings this year and reflects a growing rift between EU states over practices in custody proceedings.’

The Guardian, 12th May 2015

Source: www.guardian.co.uk

Tiger Moth biplane death crash pilot Scott Hoyle not guilty – BBC News

Posted May 13th, 2015 in accidents, aircraft, homicide, news by tracey

‘A biplane pilot has been found not guilty of causing a crash that killed his passenger.’

BBC News, 12th May 2015

Source: www.bbc.co.uk

Police missed chance to catch paedophile Jimmy Savile seven years ago, watchdog finds – The Independent

Posted May 13th, 2015 in child abuse, children, news, police, sexual offences by tracey

‘Police missed the chance to investigate paedophile Jimmy Savile back in 2008 after they mishandled a claim made by a woman that she was attacked by the disgraced DJ, a watchdog investigation has found.’

The Independent, 12th May 2015

Source: www.independent.co.uk

Information Commissioner’s Office to review privacy in children’s apps – The Guardian

Posted May 13th, 2015 in children, computer programs, data protection, news, privacy by tracey

‘Children’s apps and websites are in the spotlight on privacy grounds again, after the UK’s Information Commissioner’s Office (ICO) announced a review of how these services collect data on their young users.’

The Guardian, 12th May 2015

Source: www.guardian.co.uk

Paralysed marine sues MoD for £8m over beach dive accident – BBC News

Posted May 13th, 2015 in accidents, armed forces, news, personal injuries by tracey

‘A marine left paralysed after diving into shallow waters in the Canary Islands is suing the military for £8m. Spencer Vaughan, 27, from Cwmbran in south Wales, broke his neck in the Gran Canaria incident while on an adventure training exercise in July 2009.’

BBC News, 12th May 2015

Source: www.bbc.co.uk

Dale Roberts jailed for dousing ex-girlfriend in petrol – BBC News

Posted May 13th, 2015 in attempts, domestic violence, grievous bodily harm, news, sentencing, violent offenders by tracey

‘A man who doused his ex-partner with petrol and threatened to set light to her has been jailed for nine years.’

BBC News, 12th May 2015

Source: www.bbc.co.uk

Adoption rates in freefall after court ruling leaves children languishing in unsuitable homes – The Independent

Posted May 13th, 2015 in adoption, children, families, local government, news, statistics by tracey

‘The number of children being put forward for adoption has plummeted over the past year following a series of court rulings that have left local authorities frightened of removing them from birth families.’

The Independent, 12th May 2015

Source: www.independent.co.uk

Prince Charles’s ‘black spider’ letters set for publication after 10 year legal battle – The Independent

Posted May 13th, 2015 in freedom of information, news, royal family, Supreme Court, tribunals by tracey

‘The Royal Family’s reputation for political neutrality faces its most serious challenge in a generation as the “black spider” memos written by Prince Charles to senior ministers are finally set to published after a 10-year legal battle.’

The Independent, 12th May 2015

Source: www.independent.co.uk

Worcestershire man jailed for historical rape – BBC News

Posted May 13th, 2015 in DNA, news, rape, sentencing by tracey

‘A man has been jailed for the “degrading” rape of a woman in her home more than 23 years ago.’

BBC News, 12th May 2015

Source: www.bbc.co.uk

Victim of alleged paedophile hunters jailed for 12 months – The Guardian

Posted May 13th, 2015 in news, sentencing, sexual grooming, victims, violence by tracey

‘A man attacked and filmed by a group of alleged vigilante paedophile hunters has been jailed for 12 months.’

The Guardian, 12th May 2015

Source: www.guardian.co.uk

David Cameron to unveil new limits on extremists’ activities in Queen’s speech – The Guardian

Posted May 13th, 2015 in bills, inciting racial hatred, inciting religious hatred, news, terrorism, terrorism prevention & investigation measures by tracey

‘A counter-terrorism bill including plans for extremism disruption orders designed to restrict those trying to radicalise young people is to be included in the Queen’s speech, David Cameron will tell the national security council on Wednesday.’

The Guardian, 13th May 2015

Source: www.guardian.co.uk

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