June 2011 – Page 11 – Current Awareness

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

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

Regina v Hichens – WLR Daily

Posted June 16th, 2011 in assault, defences, law reports, self-defence, third parties by sally

Regina v Hichens [2011] WLR (D) 193

“On a charge of common assault the defence that the action was taken by way of self-defence to prevent a person from committing a crime or a breach of the peace was available even if the act of violence was not against the person concerned but was against an innocent third party.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

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

BG v Secretary of State for the Home Department – WLR Daily

Posted June 16th, 2011 in appeals, control orders, human rights, law reports by sally

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin); [2011] WLR (D) 192

“On an appeal under section 10(1)(4) of the Prevention of Terrorism Act 2005 against the renewal of a non-derogating control order, it was not part of the court’s task to determine whether the earlier decision under section 2(1)(a) to make the original control order had been or was now flawed. Evidence sought to be adduced for that purpose was not admissible.”

WLR Daily, 13th June 2011

Source: www.iclr.co.uk

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

Legal aid cuts will stop cases like Trafigura, UN official warns – The Guardian

Posted June 16th, 2011 in fees, human rights, legal aid, news, United Nations by sally

“A senior UN official has warned the government that cuts to legal aid and changes to lawyers’ fees will prevent claims, such as those in the Trafigura case, being brought against multinational businesses.”

Full story

The Guardian, 16th June 2011

Source: www.guardian.co.uk

CCTV footage-watching website must encrypt streams, says ICO – OUT-LAW.com

Posted June 16th, 2011 in closed circuit television, data protection, internet, news, privacy by sally

“A website which allows members of the public to report crime seen on CCTV footage must make significant changes to the way it operates, the UK’s privacy watchdog has said.”

Full story

OUT-LAW.com, 16th June 2011

Source: www.out-law.com

Coalition refuses to ratify UN measure protecting domestic workers – The Guardian

Posted June 16th, 2011 in employment, international law, news, United Nations by sally

“The government has been accused of betraying Britain’s 200-year history in the fight against slavery and of isolating itself on the world stage after refusing to back an international convention protecting domestic workers from exploitation.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Supreme court may hear pivotal ‘juryless’ case – The Guardian

Posted June 16th, 2011 in benefits, conspiracy, fraud, juries, news, Supreme Court, trial without jury by sally

“A judge’s unprecedented attempt to deliver a verdict on her own after allegations of jury-tampering in a fraud trial may be referred to the supreme court.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Strike laws could be toughened, warn ministers – The Guardian

Posted June 16th, 2011 in industrial action, news, trade unions by sally

“Ministers have taken part in high-level discussions on how to change strike laws should a surge in industrial action threaten to disrupt the economy and future international events, including Wimbledon and next year’s Olympics.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Former Manics star Richey Edwards’ sister at inquiry – BBC News

Posted June 16th, 2011 in inquiries, missing persons, news, presumption of death orders, suicide by sally

“The sister of Manic Street Preacher Richey Edwards is due to give evidence to the UK’s first parliamentary inquiry into missing people.”

Full story

BBC News, 16th June 2011

Source: www.bbc.co.uk

Tesco opponents win day in court – The Guardian

Posted June 16th, 2011 in judicial review, news, planning by sally

“Planning permission review announced over Bristol store at centre of rioting.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Downview prison officer ‘ordered sex act’, court told – BBC News

Posted June 16th, 2011 in misfeasance in public office, news, prison officers by sally

“A senior prison officer ordered a frightened woman inmate to perform a sex act with him, a court has heard.”

Full story

BBC News, 15th June 2011

Source: www.bbc.co.uk

Facebook juror trial shows contempt in other ways – The Guardian

Posted June 16th, 2011 in contempt of court, juries, news, trial without jury by sally

“Joanne Fraill’s messages reveal an attitude towards jury service that would alarm even supporters of the system.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Inner Temple: Magna Carta dinner – Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Posted June 16th, 2011 in Church of England, constitutional history, London, speeches by sally

Inner Temple: Magna Carta dinner (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judiciary of England and Wales, 14th June 2011

Source: www.judiciary.gov.uk

BAILII: Recent Decisions

Posted June 15th, 2011 in law reports by sally

Supreme Court

Bloomsbury International Ltd v Sea Fish Industry Authority and Department for Environment, Food and Rural Affairs [2011] UKSC 25 (15 June 2011)

Parkwood Leisure Ltd v Alemo -Herron and others [2011] UKSC 26 (15 June 2011)

Source: www.bailii.org

Prison drug smugglers warned by Lord Judge – BBC News

Posted June 15th, 2011 in drug trafficking, news, penalties, prisons, sentencing by sally

“Anyone caught smuggling drugs into prison should face longer ‘deterrent’ sentences, the country’s most senior judge has said.”

Full story

BBC News, 15th June 2011

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 15th, 2011 in legislation by sally

The Overseas Territories (Change of Name) Order 2011

The Overseas Territories (Change of Name) (No. 2) Order 2011

The Overseas Territories (Change of Name) (No. 3) Order 2011

The Overseas Territories (Change of Name) (No. 4) Order 2011

The Overseas Territories (Change of Name) (No. 5) Order 2011

The Civil Courts (Amendment) Order 2011

The South East Lincolnshire Joint Strategic Planning Committee Order 2011

The Representation of the People (Electoral Registration Data Schemes) Regulations 2011

The Immigration (Isle of Man) (Amendment) Order 2011

The Electoral Registration Data Schemes Order 2011

Source: www.legislation.gov.uk

Safeguards needed for random stop-and-search powers, committee says – The Guardian

Posted June 15th, 2011 in crime prevention, human rights, news, police, stop and search, terrorism by sally

“Peers and MPs have warned the home secretary, Theresa May, that extra safeguards for new random counter-terror stop-and-search powers are needed in order to prevent further human rights breaches.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk