04/08/2015 – Current Awareness

Regina (Giri) v Secretary of State for the Home Department – WLR Daily

Posted August 4th, 2015 in appeals, deceit, immigration, law reports, regulations by sally

Regina (Giri) v Secretary of State for the Home Department [2015] EWCA Civ 784; [2015] WLR (D) 341

‘On a claim for judicial review of a decision by the Secretary of State refusing to vary a foreign national’s leave to remain on the grounds of deception, the question of whether deception had been used was not a “precedent fact” to be determined by the court. Rather, the Secretary of State’s finding that deception had been used would be subject to review by the court on Wednesbury public law principles.’

WLR Daily, 28th July 2015

Source: www.iclr.co.uk

‘Grossly excessive’ costs budget slashed by £400k – Law Society’s Gazette

Posted August 4th, 2015 in budgets, costs, news by sally

“A judge has slashed a costs budget by almost £400,000 after labelling the original estimate as ‘grossly excessive’.”

Full story

Law Society’s Gazette, 30th July 2015

Source: www.lawgazette.co.uk

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) – WLR Daily

Posted August 4th, 2015 in appeals, education, human rights, immigration, law reports, Supreme Court, universities by sally

Regina (Tigere) v Secretary of State for Business, Innovation and Skills (Just For Kids Law intervening) [2015] UKSC 57; [2015] WLR (D) 342

‘The settlement criterion, which precluded persons with discretionary leave to remain in the United Kingdom from eligibility to receive student loans within the meaning of the Education (Student Support) Regulations 2011, discriminated unlawfully against a person with such leave who had lived and been educated in England for most of her life and was integrated into United Kingdom society.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Regina v Brown (Edward) – WLR Daily

Posted August 4th, 2015 in appeals, crime, law reports, mental health, privilege, restraint, trials by sally

Regina v Brown (Edward) [2015] EWCA Crim 1328; [2015] WLR (D) 344

‘By way of an additional common law qualification or exception to the inviolable nature of legal professional privilege, and in what was likely to be an extremely narrow band of cases, it was appropriate to impose a requirement that particular individuals could be present at discussions between an individual and his lawyers if there was a real possibility that the meeting would be misused for a purpose, or in a manner, that involved impropriety amounting to an abuse of the privilege that justified interference.’

WLR Daily, 29th July 2015

Source: www.iclr.co.uk

Regina v Bhatti – WLR Daily

Posted August 4th, 2015 in admissibility, appeals, consumer credit, crime, evidence, law reports by sally

Regina v Bhatti [2015] EWCA Crim 1305; [2015] WLR (D) 346

‘Where the police obtained financial information from a credit ratings agency in reliance on section 29(1) of the Data Protection Act 1998, such information having been obtained by the agency from customers who had expressly agreed in their credit applications and agreements that their data might be shared for the purpose of crime detection, prevention and prosecution, the procedural requirements of Schedule 1 to the Police and Criminal Evidence Act 1984 were not bypassed and the information was lawfully obtained, so that it was not precluded from admissibility in criminal proceedings.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

Lachaux v Independent Print Ltd; Lachaux v Evening Standard Ltd; Lachaux v AOL – WLR Daily

Posted August 4th, 2015 in defamation, law reports, news by sally

Lachaux v Independent Print Ltd; Lachaux v Evening Standard Ltd; Lachaux v AOL (UK) Ltd [2015] EWHC 2242 (QB); [2015] WLR (D) 345

‘The effect of section 1(1) of the Defamation Act 2013 was that a statement was not defamatory of a person unless it had caused or would probably cause serious harm to that person’s reputation, those being matters to be proved by the claimant on the balance of probabilities.’

WLR Daily, 30th July 2015

Source: www.iclr.co.uk

Regina (Child Soldiers International) v Secretary of State for Defence – WLR Daily

Posted August 4th, 2015 in age discrimination, armed forces, EC law, equality, law reports, news, regulations by sally

Regina (Child Soldiers International) v Secretary of State for Defence [2015] EWHC 2183 (Admin); [2015] WLR (D) 343

‘Article 3(4) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation gave member states an unqualified and unrestricted power not to apply the Directive to the armed forces, so that the terms of the Army Terms of Service Regulations 2007 were not incompatible with equal treatment under the Directive.’

WLR Daily, 24th July 2015

Source: www.iclr.co.uk

Jayden Parkinson: Police officers face misconduct action – BBC News

Posted August 4th, 2015 in complaints, inquiries, news, police, professional conduct, reports by sally

‘Three police officers and a staff member are facing misconduct action over an inquiry into the disappearance of murdered teenager Jayden Parkinson.’

Full story

BBC News, 3rd August 2015

Source: www.bbc.co.uk

Ilott -v- Mitson: how will it affect future claims on Wills? – Halsbury’s Law Exchange

Posted August 4th, 2015 in appeals, charities, financial provision, news, wills by sally

‘No one can have avoided the recent publicity surrounding the case of Ilott -v- Mitson (2015). The case concerned the estate of the late Melita Jackson who died in 2004 and her estranged daughter Heather. Heather hadn’t been in touch with her mother since she left home at 17, 26 years previously, and who was excluded from her late mother’s Will. The daughter made a claim against Melita’s estate under the Inheritance (Provision for Family and Dependants) Act 1975 (the Act) for reasonable financial provision.’

Full story

Halsbury’s Law Exchange, 3rd August 2015

Source: www.halsburyslawexchange.co.uk

Did MoD owe marine duty of care? – Law Society’s Gazette

Posted August 4th, 2015 in armed forces, duty of care, news, personal injuries by sally

‘Spencer Vaughan was a Royal Marine taking part in an adventure training exercise in Gran Canaria. On the last day of the trip, his supervisor, Corporal Sanders told Spencer and his colleagues that they were free to do what they wanted until about 1.30pm. While visiting a tourist beach, Vaughan executed a shallow dive into the sea. At trial, he said that he had struck a sand bar. As a result he sustained a fracture of the cervical spine, which resulted in incomplete tetraplegia.’

Full story

Law Society’s Gazette, 3rd August 2015

Source: www.lawgazette.co.uk

The Something Must Be Done Bill, Calais edition – Nearly Legal

Posted August 4th, 2015 in housing, human rights, immigration, landlord & tenant, news by sally

‘The Rent Act 1957 introduced the requirement for a court order for eviction from a tenancy. That is 58 years of eviction without due process of law being unlawful. But no matter, for Something Must Be Done to deter people who have spent months on perilous journeys across continents and are currently sleeping under an old tarpaulin. Nothing is more likely to make such desperate, traumatised people turn their faces from England, pick up their tarpaulins and walk away into France than knowing they will not get the security of occupation offered by Housing Act 1988 or Protection from Eviction Act 1977.’
Full story

Nearly Legal, 3rd August 2015

Source: www.nearlylegal.co.uk

Supreme Court: a right to a student loan? – UK Human Rights Blog

Posted August 4th, 2015 in appeals, education, human rights, immigration, news, Supreme Court, universities by sally

‘Ms Tigere is 20. She arrived in the UK from Zambia when she was 6. She did very well at school. In 2013, she applied for a student loan to fund a university place.’

Full story

UK Human Rights Blog, 3rd August 2015

Source: www.out-law.com

Slow off the blocks? BSB regulates fewer firms than expected as ABS launch date slips further – Legal Futures

Posted August 4th, 2015 in alternative business structures, barristers, consultations, delay, law firms, news by sally

‘The Bar Standards Board (BSB), which predicted at one point last year that it would authorise 400 firms in 2015, has approved only 32 in its first four months as an entity regulator, it has emerged.’

Full story

Legal Futures, 4th August 2015

Source: www.legalfutures.co.uk

Former City trader Tom Hayes given 14-year sentence for Libor rigging – The Guardian

Posted August 4th, 2015 in banking, conspiracy, fraud, interest, news, sentencing by sally

‘Former City trader Tom Hayes has been sentenced to 14 years in jail after becoming the first person to be convicted by a jury of rigging the Libor interest rate.’

Full story

The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Jailed: Evesham gran stole more than £500,000 from boss – BBC News

Posted August 4th, 2015 in fraud, news, sentencing, theft by sally

‘A “trusted” grandmother has been jailed for three years after stealing more than £500,000 to fund her lifestyle with a younger man.’
Full story

BBC News, 3rd August 2015

Source: www.bbc.co.uk

Revenge porn: ‘We need a second law to stop porn sites escaping justice’ – Daily Telegraph

Posted August 4th, 2015 in burden of proof, civil justice, crime, harassment, internet, news, pornography, victims by sally

‘The Government needs to introduce a second civil law to tackle revenge porn – because the current criminal law does not go far enough to help victims – according to a specialist in the field.’

Full story

Daily Telegraph, 4th August 2015

Source: www.telegraph.co.uk

Girl, 16, given 10-month referral order for attacking two girls in the street – The Guardian

Posted August 4th, 2015 in alcohol abuse, assault, bullying, compensation, news, robbery, sentencing, young offenders by sally

’16-year-old who assaulted two younger girls in a video that was later posted online and seen by millions of people has been given a 10-month referral order.’

Full story

The Guardian, 3rd August 2015

Source: www.guardian.co.uk

Welsh Supreme Court judge ‘should be considered’ – BBC News

Posted August 4th, 2015 in judiciary, news, reports, Supreme Court, Wales by sally

‘Appointing a Welsh justice to the Supreme Court should be considered in the near future, a report has said.’

Full story

BBC News, 4th August 2015

Source: www.bbc.co.uk

Two men jailed for life after shooting woman in attack aimed at her partner – The Guardian

Posted August 4th, 2015 in assisting offenders, conspiracy, murder, news, sentencing by sally

‘Two men have been jailed for life after shooting dead a mother-of-two in an attack that was intended to kill someone else.’

Full story

The Guardian, 3rd August 2015

Source: www.guardian.co.uk