“European Court of Human Rights rules that sentences for prisoners with no chance of release violate European convention – but ruling does not mean they should be freed any earlier.”
The Independent, 9th July 2013
Source: www.independent.co.uk
“Strasbourg’s human rights’ court is due to issue a judgement this week on a highly controversial case brought by three of Britain’s most notorious murderers.”
The Independent, 8th July 2013
Source: www.independent.co.uk
“This was a case that was potentially important for establishing whether Article 8 defences could be run by private tenants, or by licencees and occupiers of private land. Despite Sir Alan Ward’s opening, the case falls short of being that, as we shall see.”
NearlyLegal, 7th July 2013
Source: www.nearlylegal.co.uk
“Lawyers for Derrick Kinsasi successfully argued that sending him back to the Democratic Republic of Congo (DRC) would breach his ‘right to family life’ under Labour’s Human Rights Act, even though he is unmarried and has no children.”
Daily Telegraph, 5th July 2013
Source: www.telegraph.co.uk
The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.
“Speech on national security by Security Minister James Brokenshire to National Security Summit at Queen Elizabeth Conference Centre on 3 July Originally given at London. This is a transcript of the speech, exactly as it was delivered.”
Home Office, 3rd July 2013
Source: www.gov.uk/home-office
“The Legal Services Board publishes today three reports which together deliver new insight into consumers’ behaviour when deciding whether or not to seek legal advice and into the proportionality of regulation.”
Full story (PDF)
Legal services Board, 3rd July 2013
Source: www.legalservicesboard.org.uk
“The press would have us believe that criminals can do what they like and then merrily sue all and sundry for the unfortunate consequences of those actions. Sadly for tabloid journalists this is simply not true as the Court of Appeal recently remind us in Joyce v O’Brien [2012] EWHC 1324 (QB), [2012] All ER (D) 202 (May). The case is a useful reminder of the rule often shortened to “ex turpi”, namely that the court will not allow a party to profit from a loss arising from that party’s own criminal or immoral activity.”
New Law Journal, 27th June 2013
Source: www.newlawjournal.co.uk
Cusack v Harrow London Borough Council [2013] UKSC 40; [2013] WLR (D) 250
“A highway authority had power under section 80 of the Highways Act 1980 to erect barriers so as to prevent vehicular access to a frontager’s forecourt, without paying compensation, in order to safeguard users of the highway and the fact that section 66(2) of the same Act conferred an alternative power to achieve the same object, which was subject to compensation, was immaterial.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
“The Supreme Court had jurisdiction to entertain a closed material procedure on an appeal from decisions of the courts of England and Wales on applications brought under section 63 of the Counter-Terrorism Act 2008. On very rare occasions it would be appropriate for the court to go into closed session for that purpose and in the circumstances of the present appeal it would do so.”
WLR Daily, 19th June 2013
Source: www.iclr.co.uk
“Christopher Rank, barrister, of Cornwall Street Chambers considers expert evidence, rule 25.1 of the FPR and The President’s recent guidance in Re H-L (A Child).”
Family Law Week, 23rd June 2013
Source: www.familylawweek.co.uk
“Prosecutors should be mindful of observing individuals’ rights to free speech when deciding whether to initiate legal action against them over grossly offensive, indecent, obscene or false comments made on social media, according to new guidelines.”
OUT-LAW.com, 21st June 2013
Source: www.out-law.com
“My post of earlier this week explained why the majority of the Supreme Court struck down a direction telling all financial institutions not to deal with this Iranian Bank. The legal ground (involving, as Lord Sumption described it, ‘an exacting analysis of the factual evidence in defence of the measure’ [20]) was that the direction was ‘disproportionate’. The judgments (particularly the dissenting one of Lord Reed) tell us a lot about the scope of proportionality. And there is a good deal more to it than there might at first sight appear.”
UK Human Rights Blog, 22nd June 2013
Source: www.ukhumanrightsblog.com
“The first Biometrics Commissioner, Mr Alastair MacGregor QC, has issued a consultation paper asking for views about how he should act in relation to the retention and use of biometric material obtained from persons who have been arrested but not charged.”
Criminal Law and Justice Weekly, 15th June 2013
Source: www.criminallawandjustice.co.uk
“Janet Bazley QC and Eleri Jones of 1 Garden Court consider the Supreme Court’s decision in Re B (A Child) [2013] UKSC 22.”
Family Law Week, 16th June 2013
Source: www.familylawweek.co.uk
“It would be ‘unfortunate’ if the stricter post-Jackson approach to compliance with orders should encourage parties to refuse reasonable requests for time extensions in the hope that the court might refuse any extension at all, the High Court has said.”
Litigation Futures, 14th June 2013
Source: www.litigationfutures.com
“Costs that fall within a court-approved budget will not necessarily be ‘reasonable’ or ‘proportionate’ simply because they fall within the scope of that budget, a Court of Appeal judge has suggested.”
OUT-LAW.com, 10th June 2013
Source: www.out-law.com
“Costs judges should not treat costs as reasonable or proportionate simply because they fall within the scope of the court-approved budget, the Court of Appeal has warned.”
Litigation Futures, 5th June 2013
Source: www.litigationfutures.com
Regina v Jawad [2013] EWCA Crim 644; [2013] WLR (D) 209
“There was no mandatory duty to take the confiscation order made under the Proceeds of Crime Act 2002 into account when deciding on a compensation order, but the question of compensation might have been relevant to disproportion, if compensation meant that money restored to the loser would have been counted again in the confiscation order, so it was necessary to consider both issues together.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
“A High Court judge says there is a ‘real determination’ among judges to embrace their new ‘project management’ role, and dismissed fears that they are not ready for the Jackson reforms.”
Litigation Futures, 24th May 2013
Source: www.litigationfutures.com
“From 1 April 2013 a number of changes to the Civil Procedure Rules (CPRs) governing court action in England and Wales took effect. This is a summary of those changes.”
OUT-LAW.com, May 2013
Source: www.out-law.com
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