Boy, 14, found with guns let free because law says he is not a danger – Daily Telegraph

Posted November 25th, 2011 in firearms, news, rehabilitation, sentencing, young offenders by sally

“A 14-year-old boy caught with two handguns and live ammunition has walked from court after a judge said he could not impose a custodial sentence because Parliament had ‘tied his hands’.”

Full story

Daily Telegraph, 25th November 2011

Source: www.telegraph.co.uk

Bratza bites back – UK Human Rights Blog

Posted November 25th, 2011 in human rights, judiciary, news by sally

“I had intended to entitle this post ‘Bratza goes ballistic’ which would, for reasons I will explain, have been unfair. However, as reported by guardian.co.uk, the new British president of the European Court of Human Rights has pushed back strongly against ‘vitriolic and – I am afraid to say, xenophobic – fury’ of the reaction to recent rulings by the UK government and press, which he says is ‘unprecedented in my experience, as someone who has been involved with the Convention system for over 40 years.'”

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UK Human Rights Blog, 25th November 2011

Source: www.ukhumanrightsblog.com

Lawcast 200: James Vine on Bribery and social media – Charon QC

Posted November 25th, 2011 in bribery, internet, podcasts by sally

“Today I am talking to barrister James Vine about Bribery and then his thoughts on social media. James is also a farmer, enthusiastic tweeter and author of The Bung Blog.”

Full story

Charon QC, 24th November 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Courts should be allowed to turn down US extradition requests, MPs say – Daily Telegraph

Posted November 25th, 2011 in extradition, news by sally

“Courts should be able to use their discretion to refuse extradition requests from the United States and European countries, MPs have been told.”

Full story

Daily Telegraph, 24th November 2011

Source: www.telegraph.co.uk

MoD’s resistance to human rights in Iraq blamed for death of Baha Mousa – The Guardian

Posted November 25th, 2011 in armed forces, assault, detention, human rights, Iraq, news by sally

“The army’s former chief legal adviser in Iraq has accused the Ministry of Defence of moral ambivalence and a cultural resistance to human rights that allowed British troops to abuse detainees and beat the Basra hotel worker Baha Mousa to death.”

Full story

The Guardian, 24th November 2011

Source: www.guardian.co.uk

CPS has not seen all US evidence against Babar Ahmad – The Independent

Posted November 25th, 2011 in Crown Prosecution Service, deportation, evidence, news, terrorism by sally

“The Crown Prosecution Service has admitted it has never seen much of the evidence prosecutors are using against Babar Ahmad, who has spent seven years in prison, Green MP Caroline Lucas has revealed.”

Full story

The Independent, 25th November 2011

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted November 25th, 2011 in law reports by sally

High Court (Criminal Division)

Hall, R. v [2011] EWCA Crim 2753 (24 November 2011)


Levesconte v Regina [2011] EWCA Crim 2754 (24 November 2011)

DM, R. v [2011] EWCA Crim 2752 (24 November 2011)

Court of Appeal (Civil Division)

Howard -Jones v Tate [2011] EWCA Civ 1330 (24 November 2011)


Pattni v First Leicester Buses Ltd [2011] EWCA Civ 1384 (24 November 2011)

High Court (Administrative Court)

Bibb v Bristol City Council [2011] EWHC 3057 (Admin) (24 November 2011)

High Court (Commercial Court)

BNP Paribas SA v Open Joint Stock Company Russian Machines & Anor [2011] EWHC 308 (Comm) (24 November 2011)

Source: www.bailii.org

Network Rail faces legal action over deaths of teenage girls – The Guardian

Posted November 25th, 2011 in health & safety, news, prosecutions, railways by sally

“Network Rail is to be prosecuted over the deaths of two teenagers at a level crossing, the father of one of the girls has said.”

Full story

The Guardian, 25th November 2011

Source: www.guardian.co.uk

Man films dancing stepmother in Truro Crown Court – BBC News

Posted November 24th, 2011 in contempt of court, courts, news, video recordings by sally

“A man who posted video on the internet of his stepmother dancing on seats in the lobby of a court in Cornwall has apologised to a judge.”

Full story

BBC News, 24th November 2011

Source: www.bbc.co.uk

Courts cannot force ISPs into broad filtering and monitoring for copyright-infringing traffic, ECJ rules – OUT-LAW.com

Posted November 24th, 2011 in data protection, EC law, intellectual property, internet, news, privacy by sally

“Court injunctions that force internet service providers (ISPs) to filter and monitor user traffic in order to prevent illegal file-sharing are contrary to EU law and fundamental rights, the European Court of Justice (ECJ) has said.”

Full story

OUT-LAW.com, 24th November 2011

Source: www.out-law.com

London riots: IPCC responds to recent Duggan press reports – BBC News

Posted November 24th, 2011 in complaints, media, news, police, violent disorder by sally

“The police watchdog has said it was ‘disappointing’ members of a panel set up to oversee its inquiry into Mark Duggan’s shooting recently quit.”

Full story

BBC News, 24th November 2011

Source: www.bbc.co.uk

Reduced consultation periods and overhauled tribunal system proposed as part of ‘radical’ employment law changes – OUT-LAW.com

Posted November 24th, 2011 in consultations, employment tribunals, news, redundancy, unfair dismissal by sally

“The 90 day minimum consultation period for collective redundancies may be restricting business and could be reduced as part of the most radical reform to employment law for decades, the Government has said.”

Full story

OUT-LAW.com, 24th November 2011

Source: www.out-law.com

Voluntary code & membership body launched for third party litigation funders – Legal Week

Posted November 24th, 2011 in codes of practice, costs, fees, news, third parties by sally

“A new code of conduct and central membership body for third party litigation funders has been launched in response to the increasing number of suppliers in the market.”

Full story

Legal Week, 24th November 2011

Source: www.legalweek.com

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) – WLR Daily

Posted November 24th, 2011 in appeals, costs, law reports, licensing, patents, time limits by sally

Schütz (UK) Ltd v Werit UK Ltd and another (No 3) [2011] EWCA Civ 1337; [2011] WLR (D) 338

“The ‘transaction’ which an exclusive licensee of a patent was required by section 68 of the Patents Act 1977 to have registered within six months if the court was to award him costs in proceedings for infringement of that patent was the first transaction that had made him an exclusive licensee.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Regina v Oldfield – WLR Daily

Posted November 24th, 2011 in appeals, judges, law reports, pleadings by sally

Regina v Oldfield [2011] WLR (D) 337

“Where an application by a defendant to withdraw a plea of guilty involved a conflict between the defendant’s evidence and the evidence of his former counsel, the practice at many court centres by which a judge from elsewhere would be brought in to hear the application was to be commended.”

WLR Daily, 22nd November 2011

Source: www.iclr.co.uk

Chaudhary v Yavuz – WLR Daily

Posted November 24th, 2011 in appeals, easements, law reports, sale of land, trusts by sally

Chaudhary v Yavuz [2011] EWCA Civ 1314; [2011] WLR (D) 336

“In the context of a sale of property, great care would be required before one could conclude that it was ‘unconscionable’ for a purchaser to deny a right whose existence he could have ascertained merely by inspecting the property.”

WLR Daily, 22nd November 2011

Source: www.lawreports.co.uk

Crown Prosecution Service fees – The Bar Council

Posted November 24th, 2011 in barristers, consultations, Crown Prosecution Service, fees, news by sally

“The Bar Council invites criminal barristers to submit their views on the Crown Prosecution Service (CPS) Graduated Fee Scheme. A representative group from the Bar has been engaged in discussions with the CPS, and soundings have been taken on these proposals from across the Circuits. Click here to read a document from the Bar Council setting out the details of those discussions.”

Full story

The Bar Council, 23rd November 2011

Source: www.barcouncil.org.uk

Successful challenge to library closures: lip service not enough for equality duties – Shaheen Rahman – UK Human Rights Blog

Posted November 24th, 2011 in judicial review, libraries, news by sally

“In the administrative court, the decisions of two local authorities to withdraw funding for library services were held to be unlawful.”

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UK Human Rights Blog, 24th November 2011

Source: www.ukhumanrightsblog.com

Lawcast 199: Ashley Hayman on taxation and tax planning for Barristers – Charon QC

Posted November 24th, 2011 in barristers, podcasts, taxation by sally

“Today I am talking to Ashley Hayman, senior partner of Cassons for Counsel Chartered Accountants, about certain peculiarities that relate solely to barristers and which are not always picked up by non bar specialist accountants.”

Podcast

Charon QC, 24th November 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Société Générale sues Mail on Sunday – The Guardian

Posted November 24th, 2011 in banking, defamation, media, news by sally

“One of Europe’s largest banks, Société Générale, has begun defamation proceedings against Associated Newspapers over a Mail on Sunday article which falsely claimed the bank was in a ‘perilous’ state and on the ‘brink of disaster’.”

Full story

The Guardian, 23rd November 2011

Source: www.guardian.co.uk