Month: July 2016

Brexit Briefing NO. 2 The implications for extradition – 6 KBW

Posted July 29th, 2016 in brexit, EC law, extradition, news, referendums, treaties, warrants by sally

‘This second paper examines the impact of the decision to withdraw from the EU on the UK’s current extradition arrangements, in particular the European Arrest Warrant (“EAW”) system. The focus of the paper is on the legal consequences that will follow from a decision to trigger the process of withdrawal under Article 50 of the Treaty on European Union, and possible alternatives to the current system of extradition that could be adopted in any post-EU legal system.’

Full story

6 KBW, 13th July 2016

Source: www.6kbw.com

Raising the Bar with Rob Rinder – BBC Radio 5 Live

Posted July 29th, 2016 in judiciary, news by sally

‘Leading barrister Rob Rinder takes us into the private chambers of judges to discuss their work as part of the legal profession. In this programme he talks to Lord Judge, circuit judges and the judiciary appointments committee about life as a judge.’

Listen

BBC Radio 5 Live, 24th July 2016

Source: www.bbc.co.uk

Sexual Risk Orders – BBC Law in Action

Posted July 29th, 2016 in news, notification, sexual offences by sally

‘A man living in Yorkshire has been told he must give the police 24 hours before he plans to have sex – despite having no conviction, after being cleared during a rape trial last year.’

Listen

BBC Law in Action, 23rd July 2016

Source: www.bbc.co.uk

Former British judo champion jailed for attempting to smuggle Albanian asylum seekers into UK – The Independent

Posted July 29th, 2016 in asylum, news, sentencing, trafficking in human beings by tracey

‘A former judo champion who represented Great Britain has been jailed for attempting to smuggle Albanian migrants into the UK.’

Full story

The Independent, 29th July 2016

Source: www.independent.co.uk

Rapper Grymey D jailed for grooming and having sex with schoolgirls – BBC News

Posted July 29th, 2016 in child abuse, news, sentencing, sexual grooming, sexual offences by tracey

‘A rapper who groomed schoolgirls on social media then filmed himself having sex with them has been jailed.’

Full story

BBC News, 29th July 2016

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 29th, 2016 in law reports by tracey

Court of Appeal (Civil Division)

T, R (On the Application Of) v Secretary of State for the Home Department [2016] EWCA Civ 801 (28 July 2016)

Bhardwa v FDA & Ors [2016] EWCA Civ 800 (28 July 2016)

Hampshire v The Board of the Pension Protection Fund [2016] EWCA Civ 786 (28 July 2016)

Court of Appeal (Criminal Division)

Palmer, R v [2016] EWCA Crim 1049 (28 July 2016)

Oliver v R [2016] EWCA Crim 1053 (28 July 2016)

Denham & Anor v R [2016] EWCA Crim 1048 (28 July 2016)

High Court (Administrative Court)

Save Our Greenhills Community Group v Secretary of State for Communities And Local Government & Ors [2016] EWHC 1929 (Admin) (29 July 2016)

XH & AIt, R (On the Application Of) v Secretary of State for the Home Department [2016] EWHC 1898 (Admin) (28 July 2016)

Solicitors Regulation Authority v Manak & Anor [2016] EWHC 1914 (Admin) (28 July 2016)

High Court (Chancery Division)

Haque v Raja & Anor [2016] EWHC 1950 (Ch) (28 July 2016)

Richards v Worcestershire County Council & Anor [2016] EWHC 1954 (Ch) (28 July 2016)

Royal National Lifeboat Institution & Ors v Headley & Anor [2016] EWHC 1948 (Ch) (28 July 2016)

High Court (Commercial Court)

National Bank Trust v Yurov & Ors [2016] EWHC 1991 (Comm) (29 July 2016)

National Bank Trust v Yurov & Ors [2016] EWHC 1913 (Comm) (28 July 2016)

IMS SA & Ors v Capital Oil And Gas Industries Ltd [2016] EWHC 1956 (Comm) (28 July 2016)

Idemitsu Kosan Co Ltd v Sumitomo Corporation [2016] EWHC 1909 (Comm) (27 July 2016)

High Court (Family Division)

MG v FG [2016] EWHC 1964 (Fam) (28 July 2016)

High Court (Patents Court)

Merck Sharp & Dohme Corporation v The Comptroller-General of Patents, Designs And Trade Marks [2016] EWHC 1896 (Pat) (29 July 2016)

High Court (Queen’s Bench Division)

Daley v Bakiyev [2016] EWHC 1972 (QB) (29 July 2016)

Bukovsky v Crown Prosecution Service [2016] EWHC 1926 (QB) (28 July 2016)

Foster v McNicol & Anor [2016] EWHC 1966 (QB) (28 July 2016)

High Court (Technology and Construction Court)

Scott & Ors v EAR Sheppard Consulting Civil and Structural Engineers Ltd [2016] EWHC 1949 (TCC) (27 July 2016)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 29th, 2016 in legislation by tracey

The Education (Pupil Information) (England) (Miscellaneous Amendments) Regulations 2016

The Charities (Protection and Social Investment) Act 2016 (Commencement No. 1 and Transitional Provision) Regulations 2016

Source: www.legislsation.gov.uk

Supreme Court upholds right to claim against ‘malicious’ civil cases – OUT-LAW.com

Posted July 29th, 2016 in costs, malicious prosecution, news, precedent, Privy Council, Supreme Court by tracey

‘Private individuals should have the right to bring a claim against another on the grounds that that person sued them in the civil courts with “unnecessary malice”, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 27th July 2016

Source: www.out-law.com

Third party rights of direct action against insurers due to come into force – OUT-LAW.com

Posted July 29th, 2016 in insolvency, insurance, news, third parties by tracey

‘New rights for third parties to bring direct actions against insurers in the event that an insured party against which they have a claim becomes insolvent will come into force on 1 August 2016.’

Full story

OUT-LAW.com, 28th July 2016

Source: www.out-law.com

Everything You Need To Know About Secrecy In The Family Courts – RightsInfo

Posted July 29th, 2016 in confidentiality, family courts, human rights, news, privacy, private hearings, reporting restrictions by tracey

‘One of the central principles of the family justice system has long been ensuring the privacy and confidentiality of the families involved. Families going through divorces, child custody proceedings or cases involving child abuse have typically had their identities and the details of their cases protected. But over recent years there has been a rising perception that the family courts are secretive and unaccountable – sparking calls for increased transparency, and raising important questions for human rights.’

Full story

Rightsinfo, 27th July 2016

Source: www.rightsinfo.org

Supreme Court dismisses appeal by council over payout for closure of pier – Local Government Lawyer

Posted July 29th, 2016 in compensation, emergency powers, local government, news, repairs by tracey

‘A borough council is facing a payout following the loss of a Supreme Court battle over compensation payable when the local authority used its emergency powers to close a pier.’

Full story

Local Government Lawyer, 28th July 2016

Source: www.localgovernmentlawyer.co.uk

Former partner loses age discrimination appeal over firm restructure – Legal Futures

Posted July 29th, 2016 in age discrimination, law firms, news, partnerships by tracey

‘The Employment Appeal Tribunal (EAT) has dismissed an appeal against a decision that a top-100 regional law firm was not guilty of age discrimination against one of its partners, after he was not offered a new partnership when it restructured.’

Full story

Legal Futures, 29th July 2016

Source: www.legalfutures.co.uk

Can several wrongs make a right? Gallaher v CMA in the Court of Appeal – Competition Bulletin from Blackstone Chambers

Posted July 29th, 2016 in competition, news, penalties, price fixing by tracey

‘When a public body makes a mistake in its treatment of one person, can fairness require it to treat other people in the same way – even if that means amplifying the effects of the mistake?’

Full story

Competition Bulletin from Blackstone Chambers, 27th July 2016

Source: www.competitionbulletin.com

Court of Protection extends pilot testing increased access for public and media – Courts and Tribunals Judiciary

Posted July 29th, 2016 in Court of Protection, pilot schemes, press releases, reporting restrictions by tracey

‘A pilot scheme which has allowed the public and media to gain greater access to Court of Protection hearings is to continue for a further 12 months.’

Full press release

Courts and Tribunals Judiciary, 28th July 2016

Source: www.judiciary.gov.uk

Judge orders SDT to try again after botched strike-out – Law Society’s Gazette

Posted July 29th, 2016 in abuse of process, disciplinary procedures, news, solicitors, Solicitors Regulation Authority, striking out, tribunals by tracey

‘The High Court has ordered the Solicitors Disciplinary Tribunal to rehear a prosecution against two solicitors suspected of dishonesty.’

Full story

Law Society’s Gazette, 29th July 2016

Source: www.lawgazette.co.uk

Victorino Chua: ‘angel turned evil’ hospital nurse fails in appeal bid – The Guardian

Posted July 29th, 2016 in appeals, murder, news, nurses by tracey

‘A hospital nurse who murdered two patients and poisoned others has failed in a bid to challenge his conviction and sentence.’

Full story

The Guardian, 28th July 2016

Source: www.guardian.co.uk

Prosecuting Eleanor de Freitas ended in tragedy. So how do we deal with alleged false reports of rape? – The Guardian

Posted July 29th, 2016 in defamation, news, perverting the course of justice, private prosecutions, prosecutions, rape by tracey

‘The tragic case of Eleanor de Freitas has provided more questions than answers. What should be done about those few cases in which women make false allegations of rape? Should libel courts be used to determine the woman’s guilt in such cases? And how do we ensure that the disproportionate attention in the media regarding false allegations does not lead to an even bleaker outlook than already exists for rape victims seeking justice?’

Full story

The Guardian, 28th July 2016

Source: www.guardian.co.uk

Doctor could face disciplinary for failing to spot effects of contraceptive pill, as coroner rules graduate’s death could have been prevented – Daily Telegraph

Posted July 29th, 2016 in contraception, disciplinary procedures, doctors, inquests, news by tracey

‘A doctor could face a disciplinary hearing for failing to spot the side effects of the contraceptive pill, as a coroner rules a graduate’s death could have been prevented if he had seen the signs.’

Full story

Daily Telegraph, 28th July 2016

Source: www.telegraph.co.uk

Jeremy Corbyn can stay on Labour leadership ballot, High Court rules – The Independent

Posted July 29th, 2016 in elections, news, political parties by tracey

‘Jeremy Corbyn will not have to seek nominations from his MPs to proceed with his leadership bid, after a High Court judge ruled in his favour.’

Full story

The Independent, 28th July 2016

Source: www.independent.co.uk

Teenager who spent student loan trying to join Isil and used a ‘step-by-step guide to terrorism’ is jailed – Daily Telegraph

Posted July 29th, 2016 in news, sentencing, terrorism by tracey

‘A radicalised teenager who spent his student loan trying to join Islamic State and used a “step-by-step guide to terrorism” has been jailed for three-and-a-half years.’

Full story

Daily Telegraph, 28th July 2016

Source: www.telegraph.co.uk