Month: January 2016

DPP: Controlling and coercive behaviour can “limit victims’ basic human rights” as new domestic abuse law introduced – Crown Prosecution Service

Posted January 8th, 2016 in coercive & controlling behaviour, Crown Prosecution Service, domestic violence, press releases, prosecutions, psychiatric damage by tracey

‘Domestic abusers who subject victims to controlling or coercive behaviour could face up to five years in jail under a new law which comes into force today (29 December 2015). The new legislation will mean the CPS can for the first time prosecute specific offences of domestic abuse if there is evidence of repeated, or continuous, controlling or coercive behaviour.’

Full press release

Crown Prosecution Service, 29th December 2015

Source: www.cps.gov.uk

The Race to Court under EU Brussels II: A New Approach? – Family Law Week

Posted January 8th, 2016 in conflict of laws, divorce, EC law, news, service, time limits by tracey

‘Stuart Clark, a solicitor at The International Family Law Group LLP, reports on a recent Irish case which could have important implications for the priority of divorce proceedings in international cases.’

Full story

Family Law Week, 8th January 2016

Source: www.familylawweek.co.uk

Dementia charity warned to take action over data protection failings – Daily Telegraph

Posted January 8th, 2016 in charities, data protection, mental health, news by tracey

‘The Information Commissioner’s Office (ICO) has ordered The Alzheimer’s Society to take action or risk prosecution after finding serious failings in the way volunteers handled data about people who used the charity.’

Full story

Daily Telegraph, 7th January 2016

Source: www.telegraph.co.uk

Snooper’s charter would be out of date in five years, says defence industry – The Guardian

Posted January 8th, 2016 in bills, internet, investigatory powers, news, telecommunications by tracey

‘The accelerating pace of technology means the government’s landmark snooper’s charter bill will only have a limited shelf life and will need to be revisited within five years, Britain’s defence and security industry has told MPs and peers.
They have warned that there are serious questions over whether fundamental parts of the new law that will overhaul of surveillance powers will be relevant in the near future as the technological landscape changes.’

Full story

The Guardian, 7th January 2016

Source: www.guardian.co.uk

Bar owner fined £20,000 after beer mix-up leaves man fighting for life – Daily Telegraph

Posted January 8th, 2016 in fines, health & safety, licensed premises, news by tracey

‘A bar owner has been fined £20,000 after a man was left fighting for his life when he was given line cleaner containing caustic soda to drink rather than beer. Spanish TV producer David Caminal, 48, had to have his oesophagus removed after he drank just a small amount of the fluid when it was served by mistake at the New Conservatory, in the centre of Leeds, in July 2014.’

Full story

Daily Telegraph, 8th January 2016

Source: www.telegraph.co.uk

Gang members banned from Birmingham’s Ladywood – BBC News

Posted January 8th, 2016 in gangs, injunctions, news, violence by tracey

‘Three brothers and a friend have been banned for two years from the area of Birmingham in which they live following the imposition of gang injunctions.’

Full story

BBC News, 8th January 2016

Source: www.bbc.co.uk

Motorist with 51 points escapes driving ban – Daily Telegraph

Posted January 8th, 2016 in disqualification, driving licences, news, penalties, road traffic offences by tracey

‘A motorist with 51 penalty points – more than four times the permitted maximum – on their licence is still allowed on the road, it has been revealed. The driver, based in Oxford, is one of three in the UK with more than 40 points on their licence who have not been disqualified. The information was released by the Driver and Vehicle Licensing Agency (DVLA) following a Freedom of Information request from the Institute of Advanced Motorists (IAM). It also shows that 3 million of the 45 million licence holders in the UK carry penalty points, of which 13 have accumulated 28 or more.’

Full story

Daily Telegraph, 7th January 2015

Source: www.telegraph.co.uk

Organisations should learn lessons on outsourcing from BT Cornwall case, says expert – OUT-LAW.com

Posted January 7th, 2016 in contracting out, contracts, drafting, injunctions, local government, news, telecommunications by sally

‘Both customers and suppliers can learn lessons on outsourcing from a recent dispute ruled on by the High Court in London.’

Full story

OUT-LAW.com, 7th January 2016

Source: www.out-law.com

Barristers who work for free could be breaching referral fee ban, Bar Council warns – Legal Futures

Posted January 7th, 2016 in barristers, fees, law firms, magistrates, news, pro bono work, professional conduct by sally

‘Criminal barristers who agree to work for law firms “for no fee” could be breaching the referral fee ban, the Bar Council has warned.’

Full story

Legal Futures, 7th January 2016

Source: www.legalfutures.co.uk

A scandal unfolds: High Court enforcement again – Nearly Legal

Posted January 7th, 2016 in abuse of process, enforcement, housing, landlord & tenant, news, repossession, trespass by sally

‘In our last post, we dealt with the issue of an application for a High Court writ being made in tenant possession cases by way of form N293A. To recap, this is the form which expressly states “This judgment or order has been sent to the High Court for enforcement by (Writ of Possession against trespassers) only”.’

Full story

Nearly Legal, 6th January 2016

Source: www.nearlylegal.co.uk

Retrospective success fee was justified, High Court rules – Litigation Futures

Posted January 7th, 2016 in costs, fees, immigration, law firms, legal aid, news by sally

‘A law firm was justified in charging a retrospective success fee as the claimant did not face different risks when he signed a conditional fee agreement (CFA) as when he had applied for legal aid five months earlier, the High Court has ruled.’

Full story

Litigation Futures, 7th January 2016

Source: www.litigationfutures.com

Plymouth sex worker jailed for five years for allowing clients to rape and sexually abuse her daughters – The Independent

Posted January 7th, 2016 in child abuse, news, parental responsibility, prostitution, sentencing, sexual offences by sally

‘A sex worker who allowed her clients to rape and indecently assault her daughters in “almost Victorian” conditions has been jailed for five years. ‘

Full story

The Independent, 7th January 2016

Source: www.independent.co.uk

Thalidomide 50 years on: ‘Justice has never been done and it burns away’ – Daily Telegraph

Posted January 7th, 2016 in compensation, health, media, medicines, news, reporting restrictions, victims by sally

‘It has been more than half a century since the thalidomide scandal, but Martin Fletcher finds that the victims’ fight for compensation is far from over.’

Full story

Daily Telegraph, 7th January 2016

Source: www.telegraph.co.uk

Knickers stealing Devon man is jailed – BBC News

Posted January 7th, 2016 in burglary, news, recidivists, sentencing, suspended sentences by sally

‘A serial underwear thief stole knickers from homes and washing lines 120 times, a court heard.’

Full story

BBC News, 6th January 2016

Source: www.bbc.co.uk

Court of Appeal: immigration age assessments and Merton – UK Human Rights Blog

Posted January 6th, 2016 in appeals, asylum, children, detention, documents, evidence, human rights, immigration, judicial review, local government, news, reasons by sally

‘Two recent Court of Appeal cases, heard together, have considered the legality of the immigration detention of those who are, or possibly are, minors. Such cases involve local authority age assessments, which are to be carried out according to the guidance set out in Merton [2003] EWHC 1689 (Admin).’

Full story

UK Human Rights Blog, 6th January 2016

Source: www.ukhumanrightsblog.com

Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Posted January 6th, 2016 in accidents, appeals, case management, choice of forum, civil procedure rules, conflict of laws, damages, EC law, jurisdiction, law reports, personal injuries, Scotland, striking out by sally

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) – WLR Daily

Posted January 6th, 2016 in demonstrations, freedom of expression, human rights, judicial review, law reports, local government, parliament by sally

Regina (Barda) v Mayor of London (on behalf of the Greater London Authority) [2015] EWHC 3584 (Admin); [2015] WLR (D) 548

‘The place, manner and form of a protest may be important in determining whether there has been an infringement of a protester’s rights to freedom of expression and assembly, but were not necessarily so.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

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

Posted January 6th, 2016 in disclosure, documents, EC law, immigration, judicial review, law reports by sally

Regina (AZ) v Secretary of State for the Home Department [2015] EWHC 3695 (Admin); [2015] WLR (D) 549

‘In so far as article 41 of the Charter of Fundamental Rights of the European Union embodied a general principle of good administration that had to be followed by member states, member states likewise had to be permitted to withhold disclosure of material which would harm national security before reaching a decision on an application by a claimant refugee for a travel document.’

WLR Daily, 18th December 2015

Source: www.iclr.co.uk

Lewis and others v Ward Hadaway (a firm) – WLR Daily

Posted January 6th, 2016 in abuse of process, fees, law firms, law reports, limitations, negligence, solicitors by sally

Lewis and others v Ward Hadaway (a firm) [2015] EWHC 3503 (Ch); [2015] WLR (D) 551

‘In determining whether a party had properly brought a claim before the court so as to stop the clock for limitation purposes, the requirement that the form be accompanied by the “appropriate fee” was not satisfied in circumstances where the act of payment of the fee was in itself an abuse of process. In such circumstances, the claim had not properly been brought and time continued to run for limitation purposes.’

WLR Daily, 21st December 2015

Source: www..iclr.co.uk

Government of the United States of America v Giese – WLR Daily

Posted January 6th, 2016 in appeals, evidence, extradition, jurisdiction, law reports, time limits by sally

Government of the United States of America v Giese [2015] EWHC 3658 (Admin); [2015] WLR (D) 550

‘An issue raised on appeal “that was not raised at the extradition hearing” referred to a new issue that was raised in argument on appeal as a ground for allowing the appeal and which was not the subject of concluded argument below for the purposes of meeting the condition for allowing an appeal set out in section 106(5)(a) of the Extradition Act 2003.’

WLR Daily, 21st December 2015

Source: www.iclr.co.uk