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Chief Constable of Wiltshire v McDonagh: interpretation of ss8 and 22 PACE

Judgment was delivered in the above appeal last week.  The case concerned the appeal by Wiltshire police of a decision of a county court judge that they must return a caravan seized and retained under a warrant.  M was a young mother and traveller.  She was due to give birth to her fourth child when the police seized her home, the caravan.  M's...

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A v Essex County Council: no infringement of child's human rights

The Court of Appeal has ruled that a local authority did not arguably infringe a disabled child's human rights under articles 2, 8, 14 or article 2 of the First Protocol of the European Convention on Human Rights in circumstances where it did not provide education to a severely disabled child for a period of 18 months.  The Court held that in order to succeed...

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Permission to appeal to the House of Lords granted in Smith v Chief Constable of Sussex Police

The House of Lords has granted permission to appeal in the case of Smith v Chief Constable of Sussex Police, a common law claim alleging failure to take steps to protect a victim from attack.  The appeal is expected to be heard in May 2008 and will be conjoined with the appeals in Van Colle v Chief Constable of Hertfordshire and Savage v South Essex...

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Defeat of challenge to police decision to prosecute

On February 14th, the High Court gave judgment in a claim for judicial review, R (D) v Commissioner of Police of the Metropolis and CPS, in which two juveniles charged with criminal damage challenged the institution and continuation of prosecutions against them.  They claimed that the police had failed to apply the guidance issued under the Crime and Disorder...

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Solicitors' Disciplinary Tribunal: appeal by Law Society successfully resisted

Nicholas Yell successfully acted on behalf of a female solicitor resisting an appeal by the Law Society to the Administrative Court against the decision of the Solicitors' Disciplinary Tribunal disqualifying her from practising as a solicitor for a year.  She and another solicitor were accused of professional misconduct enabling an unsupervised clerk to...

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Laura Johnson appointed to Attorney General's C Panel

Chambers is delighted to announce that Laura Johnson, called in 2001, has been appointed to the Attorney General's C Panel of Counsel (Civil).  Chambers now has two members of Chambers who are junior counsel to the Crown, namely Laura and Simon Murray.  Laura's appointment builds on Chambers' increasingly strong public law practice.

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David Thomson appointed as FA Commissioner

We are delighted to announce that David Thomson has been appointed an FA Commissioner on the FA Regulatory Authority.  This appointment builds on David's existing sports regulatory practice and on Chambers' growing professional discipline practice.

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Costs awarded directly against limited liability insurer: Palmer v Palmer and PZ Products Limited

Judgment in Palmer v Palmer and PZ Products Limited was handed down on 6 February 2008 in the Court of Appeal.  The Court awarded costs directly against the limited liability insurer.  Liability was founded on the insurer's failure to recognise or inquire into whether its insured had any real commercial interest in continuing to contest liability, even...

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