EU to force social network sites to enhance privacy – The Guardian

Posted March 17th, 2011 in EC law, internet, news, privacy by sally

“‘Right to be forgotten’ would ensure users of Facebook and other sites could completely erase personal data.”

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The Guardian, 16th March 2011

Source: www.guardian.co.uk

Call to sue councils that are ‘failing the vulnerable’ – Law Society’s Gazette

“The case of a mentally ill man who attempted suicide after being discharged from hospital to a park bench has prompted mental health solicitors to call on lawyers to sue local authorities that fail to provide adequate healthcare for some of society’s most vulnerable members.”

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Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

Public interest defence against libel proposed, but campaigners call for more radical action – OUT-LAW.com

Posted March 17th, 2011 in bills, defamation, defences, news, public interest by sally

“Journalists will be able to rely on the defence that they published responsibly and in the public interest in defamation cases, according to reforms proposed by the Government. A defence of ‘honest opinion’ will replace that of ‘fair comment’.”

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OUT-LAW.com, 16th March 2011

Source: www.out-law.com

Tchenguiz brothers can sue Iceland’s Kaupthing Bank – BBC News

Posted March 17th, 2011 in banking, damages, news, striking out by sally

“A High Court judge has ruled that the Tchenguiz brothers can sue Kaupthing Bank for £1bn ($1.6bn) damages.”

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BBC News, 16th March 2011

Source: www.bbc.co.uk

Merger of Competition Commission and OFT meets with muted response – The Lawyer

Posted March 17th, 2011 in competition, consultations, consumer protection, mergers, news, quangos by sally

“Competition lawyers have offered a lukewarm response to Government proposals to streamline and improve the UK’s competition regime.”

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The Lawyer, 16th March 2011

Source: www.thelawyer.com

Assault definitive guideline – Sentencing Council

Posted March 17th, 2011 in assault, consultations, news, reports, sentencing by sally

“Following a 12 week consultation the Sentencing Council is publishing its new definitive guideline on assault offences, which has been issued in accordance with section 120 (4) of the Coroners and Justice Act 2009.”

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Sentencing Council, 16th March 2011

Source: www.sentencingcouncil.org.uk

Woman used as ‘slave’ wins case against former hospital director – The Guardian

“A former hospital director has been convicted of trafficking a woman from Tanzania to Britain and using her as a ‘slave’, in the first case of its kind to come before a court.”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

New sentencing guidance for assault – Law Society’s Gazette

Posted March 16th, 2011 in assault, news, sentencing by sally

“The Sentencing Council has today published new guidance to judges and magistrates for assault offences.”

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Law Society’s Gazette, 16th March 2011

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted March 16th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Fuller v London Borough of Brent [2011] EWCA Civ 267 (15 March 2011)

High Court (Chancery Division)

MVF3 APS & Ors v Bestnet Europe Ltd & Ors [2011] EWHC 477 (Ch) (07 March 2011)

High Court (Administrative Court)

French, R (on the application of) v The Chief Constable of West Yorkshire Police [2011] EWHC 546 (Admin) (15 March 2011)

High Court (Family Division)

A (a child), Re [2011] EWHC 517 (Fam) (10 March 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2011 in legislation by sally

The Planning Act 2008 (Commencement No. 6) Order 2011

The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) (Amendment) Order 2011

The Legal Services Act 2007 (Commencement No. 10) Order 2011

The Income Tax (Qualifying Child Care) Regulations 2011

The Tax Credits (Miscellaneous Amendments) Regulations 2011

The Police Act 1997 (Criminal Records) (Amendment) Regulations 2011

The Smoke Control Areas (Authorised Fuels) (England) (Amendment) Regulations 2011

The Pension Protection Fund (Pension Compensation Sharing and Attachment on Divorce etc) Regulations 2011

The Pension Protection Fund (Pensions on Divorce etc: Charges) Regulations 2011

The Finance (No. 3) Act 2010, Schedule 13 (Record Keeping, Time Limits and Information and Inspection Powers) (Appointed Day and Transitional Provision) Order 2011

Source: www.legislation.gov.uk

Carey Group plc and others v AIB Group (UK) plc and another – WLR Daily

Posted March 16th, 2011 in conflict of laws, enforcement, jurisdiction, law reports by sally

Carey Group plc and others v AIB Group (UK) plc and another [2011] EWHC 567 (Ch); [2011] WLR (D) 86

“A person resident or carrying on business in the jurisdiction of England and Wales was at liberty to comply voluntarily with a request or demand of a foreign government agency, based upon foreign public law, without fear of restraint by the English courts, provided only that he thereby committed no wrong actionable under English law.”

WLR Daily, 11th March 2011

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Campaign to raise age of criminal responsibility – Daily Telegraph

Posted March 16th, 2011 in children, criminal responsibility, news by sally

“Children in England understand the difference between right and wrong at age 10, according to the law. Ten years old is also the age of criminal responsibility in Wales, Northern Ireland, Australia, New Zealand.”

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Daily Telegraph, 16th March 2011

Source: www.telegraph.co.uk

Justice minister tries to ease anti-bribery rules – The Guardian

Posted March 16th, 2011 in bribery, foreign companies, news by sally

“Foreign companies that are listed on the London stock market but have no other presence in the UK should not be liable for prosecution under the Bribery Act, according to guidance being drawn up by the Ministry of Justice.”

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The Guardian, 15th March 2011

Source: www.guardian.co.uk

SRA board backs Tesco law powers and new conduct handbook – Legal Week

“The Solicitors Regulation Authority (SRA) board has approved the watchdog’s application to become a licensing authority for alternative business structures (ABSs) today (15 March).”

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Legal Week, 15th March 2011

Source: www.legalweek.com

Killer wins ‘distress’ payout over parole delay – Daily Telegraph

Posted March 16th, 2011 in compensation, delay, human rights, news, parole by sally

“A criminal who killed a man in a pub brawl has won taxpayer-funded compensation because a delayed parole hearing breached his human rights.”

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Daily Telegraph, 16th March 2011

Source: www.telegraph.co.uk

The libel reforms are a step in the right direction – but do they go far enough? – The Guardian

Posted March 16th, 2011 in bills, defamation, news by sally

“The draft bill has many welcome clauses, but doesn’t limit the right of companies to sue that many campaigners had hoped for.”

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The Guardian, 15th March 2011

Source: www.guardian.co.uk

UK prisoners seek right to vote in increasing numbers – BBC News

Posted March 16th, 2011 in elections, news, prisons by sally

“There has been a sharp rise in the number of UK prisoners taking legal action to secure the right to vote.”

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BBC News, 15th March 2011

Source: www.bbc.co.uk

Government refuses to outlaw celebrity gagging orders – The Independent

Posted March 16th, 2011 in defamation, injunctions, news, privacy by sally

“Ministers have ruled out reforming Britain’s privacy laws or bringing in new legislation to stop super-injunctions silencing the media, the Justice Secretary Kenneth Clarke said yesterday.”

Full story

The Independent, 16th March 2011

Source: www.independent.co.uk

Ken Clarke warns editors not to risk contempt – The Guardian

Posted March 16th, 2011 in contempt of court, media, news by sally

“The justice secretary, Ken Clarke, warned newspaper editors on Tuesday not to risk contempt of court with excessive reporting of suspects in police investigations.”

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The Guardian, 15th March 2011

Source: www.guardian.co.uk

If lawyers’ independence starts being undermined, we are in a danger zone – The Guardian

Posted March 15th, 2011 in citizens advice bureaux, legal profession, Legal Services Board, news by sally

“Changes concerning the Legal Services Board and Citizens Advice, including the closure of the LSB’s website, have brought the independence issue to the fore again.”

Full story

The Guardian, 15th March 2011

Source: www.guardian.co.uk