November 2016 – Page 12 – Current Awareness

‘A cross-party committee of MPs is expected to call for the RSPCA to stop implementing private prosecutions for animal cruelty and instead hand evidence over to the Crown Prosecution Service (CPS).’

Full story

The Guardian, 13th November 2016

Source: www.guardian.co.uk

Paralysed teenager wins £3m legal battle with implications for every horse owner – The Independent

Posted November 14th, 2016 in damages, horses, news, personal injuries, young persons by tracey

‘A teenager has won a £3m legal battle against her ex-boyfriend’s family after she fell off a “badly trained” horse and broke her back.’

Full story

The Independent, 12th November 2016

Source: www.independent.co.uk

Just one person fined in UK for smoking with under-18 in car – The Guardian

Posted November 14th, 2016 in children, fines, news, road traffic, smoking by tracey

‘Only one person has been fined for smoking in a car when children are present in the first 12 months since the ban was introduced, according to an investigation.’

Full story

The Guardian, 13th November 2016

Source: www.guardian.co.uk

Jury age limit to be raised to 75 in line with increased average life expectancy – The Independent

Posted November 14th, 2016 in elderly, juries, news by tracey

‘The upper age limit for jurors in England and Wales will be raised from 70 to 75, government ministers have announced.’

Full story

MOJ Press release

The Independent, 13th November 2016

Source: www.independent.co.uk

Police animals do not need to be given same legal status as officers injured on duty, Government suggests – Daily Telegraph

Posted November 14th, 2016 in animals, criminal damage, news, parliament, police by tracey

‘Police animals do not necessarily need to be given the same legal status as officers who are injured on duty, the Government has suggested ahead of a parliamentary debate on the issue on Monday.’

Full story

Daily Telegraph, 13th November 2016

Source; www.telegraph.co.uk

Hate crime inquiry head warns against ‘whipping up prejudice’ in campaigns – The Guardian

Posted November 14th, 2016 in hate crime, inquiries, news, racism, religiously aggravated offences, select committees by tracey

‘The fallout from the Brexit vote and the election of Donald Trump should serve as a warning about the dangers of whipping up hatred and prejudice in political campaigns, Yvette Cooper has said, as MPs prepare to examine a spike in hate crime in the UK.’

Full story

The Guardian, 14th November 2016

Source: www.guardian.co.uk

New guidelines issued on questioning of vulnerable witnesses in court – The Guardian

Posted November 14th, 2016 in children, cross-examination, learning difficulties, news, witnesses by tracey

‘Guidelines say children and people with learning difficulties should not be subject to unnecessarily harsh questioning.’

Full story

The Guardian, 14th November 2016

Source: www.guardian.co.uk

Police crackdown on use of mobiles when driving – BBC News

Posted November 14th, 2016 in fines, news, police, road traffic offences, telecommunications by tracey

‘Police in England and Wales are conducting a week-long crackdown on motorists who use their mobile phones while driving.’

Full story

BBC News, 14th November 2016

Source: www.bbc.co.uk

Senior Judiciary announces review of fixed recoverable costs – Courts and Tribunals Judiciary

Posted November 11th, 2016 in costs, press releases, reports by tracey

‘Lord Justice Jackson has been commissioned to undertake a review of fixed recoverable costs, to be completed by 31 July 2017.’

Full press release

Courts and Tribunals Judiciary, 11th November 2016

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 11th, 2016 in legislation by tracey

The Illegal Working Compliance Orders Regulations 2016

The Labour Market Enforcement (Code of Practice on Labour Market Enforcement Undertakings and Orders: Appointed Day) Regulations 2016

The Social Security (Contributions) (Amendment No. 4) Regulations 2016

The Immigration Act 2014 (Current Accounts) (Compliance &c) Regulations 2016

The Civil Courts (Amendment No. 2) Order 2016

The Merchant Shipping Act 1995 (Amendment) Order 2016

The Commons (Registration of Town or Village Greens) and Dedicated Highways (Landowner Statements and Declarations) (England) (Amendment) Regulations 2016

The Remand to Local Authority Accommodation (Electronic Monitoring) (Responsible Person) Order 2016

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 11th, 2016 in law reports by tracey

Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 (09 November 2016)

Court of Appeal (Civil Division)

National Aids Trust, R (On the Application Of) v The National Health Service Commissioning Board (NHS England) & Ors [2016] EWCA Civ 1100 (10 November 2016)

Volcafe Ltd & Ors v Compania Sud Americana De Vapores SA (t/a CSAV) [2016] EWCA Civ 1103 (10 November 2016)

A & B (Children), Re [2016] EWCA Civ 1101 (09 November 2016)

Dean and Chapter of Rochester Cathedral v Debell [2016] EWCA Civ 1094 (09 November 2016)

Vyas & Anor v Goraya, (t/a Taj Construction Roofing) [2016] EWCA Civ 1095 (09 November 2016)

The Football Association Premier League Ltd v Luxton [2016] EWCA Civ 1097 (09 November 2016)

Bestfort Developments LLP & Ors v Ras Al Khaimah Investment Authority & Ors [2016] EWCA Civ 1099 (08 November 2016)

S (Children), Re [2016] EWCA Civ 1090 (08 November 2016)

Idenix Pharmaceuticals Inc v Gilead Sciences Inc & Ors [2016] EWCA Civ 1089 (08 November 2016)

Y (Children), Re [2016] EWCA Civ 1091 (08 November 2016)

Court of Appeal (Criminal Division)

Zawadzka v R [2016] EWCA Crim 1712 (09 November 2016)Singh,

Singh, R v [2016] EWCA Crim 1664 (04 November 2016)

Singh, R v [2016] EWCA Crim 1612 (04 November 2016)

High Court (Administrative Court)

Tinsley v Manchester City Council & Anor [2016] EWHC 2855 (Admin) (10 November 2016)

RLT Built Environment Ltd, R (on the application of) v The Cornwall Council & Anor [2016] EWHC 2817 (Admin) (10 November 2016)

Mansell v Tonbridge & Malling Borough Council [2016] EWHC 2832 (Admin) (10 November 2016)

The Solicitors Regulation Authority (SRA) v Solicitors Disciplinary Tribunal [2016] EWHC 2862 (Admin) (10 November 2016)

Auleear v Secretary of State for the Home Department [2016] EWHC 2833 (Admin) (10 November 2016)

SAN Investments Ltd v Secretary of State for Communities and Local Government & Anor [2016] EWHC 2830 (Admin) (09 November 2016)

Hibbitt & Anor v Secretary of State for Communities & Local Government & Ors [2016] EWHC 2853 (Admin) (09 November 2016)

Kent, R (on the application of) v Royal Borough of Kensington & Chelsea & Ors [2016] EWHC 2809 (Admin) (08 November 2016)

The Interim Executive Board of X School v Chief Inspector of Education, Children’s Services And Skills [2016] EWHC 2813 (Admin) (08 November 2016)

AB, R (On the Application Of) v The Secretary of State for the Home Department [2016] EWHC 2751 (Admin) (07 November 2016)

Barszcz v Regional Court In Bydgoszcz, Poland [2016] EWHC 2788 (Admin) (04 November 2016)

MMM, R (on the application of) v Secretary of State for the Home Department [2016] EWHC 2655 (Admin) (04 November 2016)

The Court In Mures & Anor v Zagrean [2016] EWHC 2786 (Admin) (04 November 2016)

Birchall Gardens LLP & Anor, R (on the application of) v BP Mitchell Ltd & Ors [2016] EWHC 2794 (Admin) (04 November 2016)

Abasuru v Regional Court In Opole, Poland [2016] EWHC 2787 (Admin) (04 November 2016)

O’Connor & Anor, R (on the application of) v Crown Prosecution Service & Anor [2016] EWHC 2792 (Admin) (04 November 2016)

High Court (Chancery Division)

Caledonian Ltd & Anor, Re [2016] EWHC 2854 (Ch) (10 November 2016)

The Secretary of State for Business, Energy and Industrial Strategy v Rosenblatt [2016] EWHC 2821 (Ch) (9 November 2016)

Astex Therapeutics Ltd v Astrazeneca AB [2016] EWHC 2759 (Ch) (08 November 2016)

Hicken v Ellison [2016] EWHC 2791 (Ch) (08 November 2016)

Golstein v Bishop & Anor [2016] EWHC 2804 (Ch) (07 November 2016)

High Court (Commercial Court)

Pan Oceanic Chartering Inc v UNIPEC UK Co Ltd & Anor [2016] EWHC 2774 (Comm) (10 November 2016)

PT Transportasi Gas Indonesia v Conocophillips (Grissik) Ltd & Anor [2016] EWHC 2834 (Comm) (10 November 2016)

PJSC TATNEFT v Bogolyubov & Ors [2016] EWHC 2816 (Comm) (08 November 2016)

High Court (Family Division)

AS v TH (No 2) (Jurisdiction to Make Final Orders) [2016] EWHC 2825 (Fam) (04 November 2016)

Source: www.bailii.org

MoJ unmoved by MPs’ damning verdict on court fee hikes – Law Society’s Gazette

Posted November 11th, 2016 in budgets, civil justice, fees, Ministry of Justice, select committees by tracey

‘The Ministry of Justice shows no sign of backing down over court fee hikes, despite a damning verdict from an influential group of MPs. The Commons justice committee called in June for an overhaul of employment tribunal fees and the scrapping of this year’s increase in the divorce petition fee. The government initially stood firm on the necessity of the fees – and a full response to the committee now suggests that position has not changed.’

Full story

Law Society’s Gazette, 9th November 2016

Source: www.lawgazette.co.uk

Cardiff teenager faces fight to avoid being sent back to Afghanistan – The Guardian

Posted November 11th, 2016 in Afghanistan, news, refugees, young persons by tracey

‘Thousands of people, politicians, celebrities and refugee charities have backed a campaign to stop a teenager who fled to Britain from Afghanistan as a 10-year-old after his father was murdered from being forcibly removed to the country of his birth.’

Full story

The Guardian, 10th November 2016

Source: www.guardian.co.uk

Doctor who tried to start an affair with his patient’s wife is struck off – Daily Telegraph

Posted November 11th, 2016 in disciplinary procedures, doctors, news, professional conduct by tracey

‘A doctor who tried to start an affair with his patient’s wife after he admitted his marriage was in crisis has been struck off.’

Full story

Daily Telegraph, 10th November 2016

Source: www.telegraph.co.uk

High Court rules second homes ban in St Ives will remain – BBC News

Posted November 11th, 2016 in housing, local government, news, planning, referendums by tracey

‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’

Full story

BBC News, 10th November 2016

Source: www.bbc.co.uk

London man Jabed Hussain convicted of terror offences after trying to join Isis in Syria – The Independent

Posted November 11th, 2016 in guilty pleas, news, sentencing by tracey

‘A man who attempted to join Isis in Syria has been convicted of terrorism. At the Old Bailey on Thursday, Jabed Hussain, from Acton in London, pleaded guilty to two counts of preparing terrorist acts after being caught on the Turkish border.’

Full story

The Independent, 11th November 2016

Source: www.independent.co.uk

NHS to consider funding ‘game-changer’ HIV drugs as High Court dismisses appeal – Daily Telegraph

Posted November 11th, 2016 in appeals, budgets, HIV, medicines, news by tracey

‘The NHS will be forced to formally consider whether to fund pills to prevent HIV despite claiming that doing so could mean cancer victims and children with cystic fibrosis are refused treatment.’

Full story

Daily Telegraph, 10th November 2016

Source: www.telegraph.co.uk

Spalding murders: Youngest couple convicted of murder sentenced to minimum of 20 years each – The Independent

Posted November 11th, 2016 in murder, news, sentencing, young offenders by tracey

‘A 15-year-old boy and girl have been sentenced to a minimum of 20 years for the murders of a mother and daughter, who were smothered and stabbed in the throat as they slept in their beds.’

Full story

The Independent, 10th November 2016

Source: www.independent.co.uk