News story: Family of Carole Myers can apply for fresh inquest

The Solicitor General Robert Buckland QC MP has today given consent for the family of Carole Patricia Myers to apply to the High Court for a fresh inquest into the circumstances surrounding her death.

Carole Myers, 41, was found dead by the Metropolitan Police on 29th June 2005. The first inquest took place on 4 July 2005 and the Coroner recorded an open verdict. A second inquest took place on 30 September 2015 and an open verdict was given again.

The Solicitor General said:

Having considered the application, I have given consent to the family of Carole Myers to apply to the High Court for a new inquest into her death. I am satisfied that it is in the interests of justice for the application for a new inquest to be heard by the High Court.

The Solicitor General has the authority to decide whether an application can be made to the High Court for a new inquest to be opened. He has no power to order a new coronial inquest himself. A new inquest can only be ordered by the High Court on an application made either by the Attorney or by a third party with the consent of the Attorney.

Before an application can be made, the Attorney or Solicitor have to be satisfied that there is a reasonable prospect that the Court would be persuaded to open a new inquest. These decisions are made as part of his public interest function, independently of Government and strictly on the basis of the evidence. The Solicitor concluded, in this case, that there was sufficient grounds of challenge set out in the applications to have a reasonable prospect of success.




Press release: PM approves appointment of new Judicial Commissioners

The Prime Minister has approved the appointment of 13 Judicial Commissioners under the Investigatory Powers Act 2016. These Commissioners will work with the Investigatory Powers Commissioner Lord Justice Fulford. The Commissioners are all appointed for a 3 year term.

Biographical Notes

Sir Nicholas Blake was called to the Bar (M) in 1974, took Silk in 1994 and was elected a Bencher in 2002. He was appointed an Assistant Recorder in 1999, a Recorder in 2000 and a Deputy High Court Judge in 2002. He was a High Court Judge assigned to the Queen’s Bench Division from 2007 to 2017 and was the President of the Upper Tribunal (Immigration and Asylum Chamber) from 2010 to 2013.

Lord Bonomy, before his appointment to the Bench, was a solicitor in litigation-oriented practice from 1970 to 1983, an advocate from 1984 to 1993 and Queen’s Counsel from 1993 to 1996. He also served as an Advocate Depute between 1990 and 1993 and Home Advocate Depute from 1993 until 1996. He was appointed a Judge of the Supreme Courts in January 1997. From 1998 until 2004 he held office as a Surveillance Commissioner. Between June 2004 and August 2009, he served as a judge of the UN International Criminal Tribunal for the Former Yugoslavia. Following his return to Parliament House on 1 September 2009, he was again appointed a Surveillance Commissioner, and with effect from 16 August 2010 was appointed to the Inner House.

Lord Bracadale was admitted to the Faculty of Advocates in 1985 and served as an Advocate Depute from 1990 to 1993. He was Standing Junior Counsel in Scotland to HM Customs and Excise in 1995. He was appointed Queen’s Counsel in 1995. He served as Home Advocate Depute from 1997 to 1998 (Principal Crown Counsel). In 2000-2001 he was senior Crown Counsel at the trial and appeal at the Scottish Court at the Netherlands of Abdel Basset Al Megrahi for the Lockerbie bombing. He was appointed a Judge of the Supreme Courts in 2003 and appointed to the Inner House in April 2013.

Dame Linda Dobbs was called to the Bar (G) in 1981, elected as a Bencher in 2002 and took silk in 1998. She was appointed a part time Special Adjudicator of the Asylum and Immigration Tribunal in 1999, Chairman of the Criminal Bar Association in 2003, a Judge of the High Court assigned to the Queen’s Bench Division from 2004 to 2013, and was appointed Chairman of the Magistrates’ Committee at the Judicial Studies Board in 2006.

Lord Gill lectured in the Faculty of Law of Edinburgh University before being admitted to the Faculty of Advocates in 1967. He was appointed Queen’s Counsel in 1981. He is a member of the English Bar (Lincoln’s Inn, 1991; Bencher 2002). He was an advocate depute 1977 to1979; Standing Junior Counsel to the Foreign and Commonwealth Office (1974 to1977), the Home Office (1979 to1981) and the Scottish Education Department (1979 to1981); and Deputy Chairman of the Copyright Tribunal (1989 to1994). He was Keeper of the Advocates Library from 1987 to 1994. He was appointed a Judge in 1994. Lord Gill was Chairman of the Lands Valuation Appeal Court and was Chairman of the Scottish Law Commission from 1996 to 2001. Lord Gill was appointed Lord President and Lord Justice General in June 2012 having held the position of Lord Justice Clerk and President of the Second Division of the Inner House from November 2001.

Lord Justice Gillen was called to the bar (G) in 1970 and took Silk in 1983. He was appointed as a High Court Judge in the Court of Judicature Northern Ireland in 1999 and was assigned as the Family Judge in 2001, holding this position and that of Chairman of the Children Order Advisory Committee until 2006. In 2008, he was assigned as the Senior Judge of the Queen’s Bench Division. He was sworn in as a Lord Justice of Appeal in September 2014. In September 2015, Lord Justice Gillen was invited by the Lord Chief Justice of Northern Ireland to lead a major Review of Civil & Family Justice in that jurisdiction and the final reports from that review, which set out a comprehensive set of proposals for fundamental reform, were launched in September 2017.

Sir Henry Globe was called to the bar (M) in 1972, elected as a Bencher in 2005.He was appointed an Assistant Recorder in 1987, a Recorder in 1991, a Circuit Judge in 2003 and a Senior Circuit Judge the same year. He was Hon. Recorder of Liverpool 2003 to 2011.He was appointed to the High Court (Queen’s Bench Division) in 2011 and was a Presiding Judge of the North Eastern Circuit from 2013 to 2016.

Sir John Goldring was called to the Bar (L) in 1969 and took Silk in 1987. He was elected a Bencher in 1996. He was appointed a Recorder in 1987, a Deputy Senior Judge, Sovereign Base Areas, Cyprus from 1991 to 1999, a Deputy High Court Judge in 1996 and a Judge of the Courts of Appeal of Jersey and Guernsey in 1998. He was a High Court Judge assigned to the Queen’s Bench Division from 1999 to 2015; he served as a Presiding Judge for the Midland Circuit from 2002 to 2005 and Commissioner for the Judicial Appointments Commission from 2006 to 2008. He became a Lord Justice of Appeal in 2008, Deputy Senior Presiding Judge of England and Wales from 2008 to 2009 and Senior Presiding Judge of England and Wales from 2010 to 2012.He was appointed as an Assistant Coroner for South Yorkshire (East) and West Yorkshire (West) on 13 February 2013 to conduct the fresh inquests into those who died as a result of the Hillsborough disaster.

Sir John Griffith-Williams was called to the Bar (G) in 1968, took Silk in 1985 and elected as a Bencher in 1994. He was appointed a Recorder in 1984, a Member of the Bar Council from 1990 to 1993, a Deputy High Court Judge in 1993 and an Assistant Commissioner for the Boundary Commission for Wales from 1994 to 2000. He was appointed Leader of the Wales and Chester Circuit from 1996 to 1998, a Member of the Criminal Injuries Compensation Board from 1999 to 2000, Chancellor for the Diocese of Landaff in 1999 (Deputy Chancellor from 1996 to 1999), a Circuit Judge in 2000 and a Senior Circuit Judge and Honorary Recorder of Cardiff in 2001. He was appointed the Resident Judge for Cardiff Crown Court from 2001 to 2007, Judge of the High Court assigned to the Queen’s Bench Division from 2007 to 2015, Presiding Judge for the Wales Circuit from 2010 to 2013 and a Chairman of the Special Immigration Appeals Commission in July 2014

Sir Kenneth Parker was called to the Bar (G) in 1975, took Silk in 1992 and was elected as a Bencher in 2002. He was appointed an Assistant Recorder in 1999 and a Recorder in 2000. He was appointed Deputy Chairman of the Information Tribunal and National Security Appeals Tribunal in 2001 (now known as Deputy Judge of the Upper Tribunal (Administrative Appeals Chamber) and Judge of the First Tier Tribunal (General Regulatory Chamber)). He was appointed a Recorder in 2005. He was appointed a Law Commissioner and approved to sit as a Deputy High Court Judge in 2006. He was a Judge of the High Court assigned to the Queen’s Bench Division from 2009 to 2015 and appointed a Judge by Request (Upper Tribunal (Immigration Appeals Chamber)) in 2010

Sir John Saunders was called to the Bar (G) in 1972 and took Silk in 1992. He was appointed a Recorder in 1990 and a Legal Member of the Restricted Patients Panel in 1999. He was appointed a Senior Circuit Judge and the Recorder of Birmingham in 2004.He was a Judge of the High Court assigned to the Queen’s Bench Division from 2007 to 2016. He was appointed a Presiding Judge of the South Eastern Circuit from 2009 to 2012 and a Member of the Sentencing Council for England and Wales in 2013.

Sir Stephen Silber was called to the Bar (G) in 1968, elected as a Bencher in 1994 and took Silk in 1987. He was appointed an Assistant Recorder in 1982, a Recorder in 1987 and approved to sit as a Deputy High Court Judge in 1995. He was a Judge of the High Court, assigned to the Queen’s Bench Division from 1999 to 2015. He was appointed Legal Member of the Special Immigration Appeals Commission in 2002, Judge of the Employment Appeal Tribunal in 2004, Deputy Chairman of the Security Vetting Appeal Tribunal in 2009 and Judge by Request of the Upper Tribunal Administrative Appeals and Immigration and Asylum in 2011.

Sir Alan Wilkie was called to the Bar (I) in 1974, took Silk in 1992 and was elected a Bencher in 2001. He was appointed an Assistant Recorder in 1992, a Recorder in 1995, a Circuit Judge in 1997 and a Law Commissioner in 2000. He was a Judge of the High Court, assigned to the Queen’s Bench Division from 2004 to 2017, Presiding Judge for the North Eastern Circuit from 2007 to 2010 and was appointed a Member of the Judicial Appointments Commission in 2012.

Background

Section 227 of the Investigatory Powers Act 2016 provides for the Prime Minister to appoint the Investigatory Powers Commissioner (IPC) and Judicial Commissioners. The role of the IPC is to authorise and oversee the use of Investigatory Powers by public authorities.




News story: Increase in cases of Legionnaire’s disease in Palmanova, Mallorca

Public Health England (PHE) has seen a recent increase in the number of cases of Legionnaire’s disease in people who have travelled to a town called Palmanova, in Mallorca, Spain.

Since mid-September, 17 British travellers have returned from the area with the infection. Legionnaire’s disease is an infection from the local environment and does not pass from person to person.

There are some groups who are at increased risk of Legionnaire’s disease, including people:

  • aged 50 or over
  • with underlying medical conditions (such as diabetes, kidney disease, or a pre-existing lung condition)
  • with weakened immune systems (for example, people on certain types of cancer treatment)
  • who smoke or have smoked heavily in the past and heavy alcohol drinkers

Nick Phin, Deputy Director at PHE said:

At this time, the source is under investigation and the Spanish authorities are leading the response to this outbreak. We are active in responding to any requests for information on UK cases from the Spanish authorities.

We are advising people who have travelled or are planning to travel to Palmanova in Mallorca to be aware of the signs and symptoms of Legionnaire’s disease, which are initially flu-like. This is particularly important if you are in a group at increased risk of infection such as those with underlying medical conditions, smokers or people aged 50 or over.

Once infection starts in the lungs, symptoms may become pneumonia-like, such as a persistent cough. If you do experience symptoms, speak to your GP as soon as possible and inform them of your travel.

PHE is advising people who have already travelled to Palmanova, Mallorca to be aware of the symptoms of Legionnaire’s disease. If they develop these symptoms, they should alert their GP, telling them about their recent travel.

Initial symptoms are usually flu-like and include:

  • mild headaches
  • muscle pain
  • high temperature (fever – usually 38C or above)
  • chills tiredness and changes to your mental state, such as confusion

Once infection starts in your lungs, you may also experience symptoms of pneumonia, such as a persistent cough. This is usually dry at first, but as the infection develops, you may start coughing up phlegm or (in some rare cases) blood, whilst experiencing shortness of breath and chest pains.

If you plan to travel to Palmanova, Mallorca and are at increased risk of contracting Legionnaire’s disease (as above), we advise that you look out for the symptoms of the infection. Contact your GP or another health professional immediately if you think you have been affected, telling them about your recent travel.




News story: Crime news: 31 October deadline for defence work online billing

Reminder that Crown Court Defence online billing is mandatory for AGFS and LGFS work after 31 October 2017.

The Claim for Crown Court Defence (CCD) system is mandatory from 31 October 2017 for claims under the:

  • Advocates’ Graduated Fee Scheme (AGFS)
  • Litigators’ Graduated Fee Scheme (LGFS)

This means you will no longer be able to submit paper forms for your work.

More than 68% of bills are already submitted online instead of using the paper alternative. This breaks down into 74% for AGFS and 63% for LGFS.

How to sign up

Signing up to use the new system is very quick and easy. Benefits include:

  • immediate bill submission avoids postal delays
  • reduced postage and printing costs
  • online messaging and instant notifications from the processing teams
  • online evidence submission
  • no need for a ‘wet’ signature

Last paper applications

Any AGFS or LGFS bill will be accepted on paper providing it is received by the Legal Aid Agency on or before 31 October 2017.

Consideration will be given to accepting AGFS and LGFS paper bills on a case by case basis for two months up until 31 December2017.

What support is available?

  • quick user guide
  • online WebEx training sessions are being held in the lead up to 31 October 2017
  • ‘frequently asked questions’ document

See ‘further information’ below to access these resources along with a booking link for training and details on how to sign up to the system.

Further information

Legal aid: criminal legal aid processing – quick user guide, frequently asked questions and how to sign up

WebEx training sessions – Eventbrite booking link




Press release: Takeaway directors banned for employing illegal workers

Alawor Rahman Siddique Jafforey, and his son, Tufael Mahmood Siddique, acted as directors of Spiceway Limited (Spiceway), which traded as Kings Balti Palace Restaurant in Cheltenham.

Officers from Home Office Immigration Enforcement visited the premises on 4 December 2015 when Spiceway was found to be employing two illegal workers.

Spiceway were issued with a £20,000 Notification of Liability for Civil Penalties for employing illegal workers which they did not pay.

The directors subsequently took steps to place Spiceway into liquidation, which took place on 31 March 2016.

Following an investigation by the Insolvency Service, Mr Jafforey and Mr Siddique gave undertakings to the Secretary of State for Business, Energy and Industrial Strategy in which they did not dispute failing to ensure Spiceway complied with immigration laws. The disqualifications are in effect as of 25 September 2017.

Robert Clarke, Head of Insolvent Investigations North at the Insolvency Service, said:

The Insolvency Service pursues directors who fail to pay fines imposed for breaking employment and immigration laws. We have worked closely in this case with our colleagues at the Home Office to achieve this disqualification.

The public has a right to expect those who break the law will face the consequences. Running a limited company means you have obligations as well as statutory protections. If you fail to comply with your obligations, the Insolvency Service will investigate you.

Spiceway Limited (CRO No. 08607643) was incorporated in July 2013. The company’s trading name was Kings Balti Palace, and operated from 237 London Road, Charlton Kings, Cheltenham, GL52 6HZ.

Spiceway Limited entered liquidation on 31 March 2016 with assets of £6 and liabilities of £23,760.

Mr Jafforey is from Cheltenham and his date of birth is September 1960.

Mr Siddique is from Cheltenham and his date of birth is October 1989.

The disqualification undertakings were accepted by the Secretary of State on 4 September 2017 and are in effect from 25 September 2017.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies. The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

You can also follow the Insolvency Service on: