Day: 10 February 2012

Media interest in celebrities’ lives is legitimate, European court rules – The Guardian

Posted February 10th, 2012 in human rights, media, news, privacy by tracey

“The private lives of celebrities are of legitimate interest to the media, the European court of human rights (ECHR) has ruled in landmark judgments involving a cocaine-possessing German TV actor and Princess Caroline of Monaco. The decisions by the Strasbourg court establish significant legal precedents for privacy cases in British courts, tipping the balance back towards freedom of expression.”

Full story

The Guardian, 7th February 2012

Source: www.guardian.co.uk

The bar can bridge the gap – The Guardian

Posted February 10th, 2012 in advocacy, legal profession, news by tracey

“Barristers should stop insulting solicitor advocates and take steps to merge the two professions.”

Full story

The Guardian, 8th February 2012

Source: www.guardian.co.uk

Landmark judgment on fixed-share partner rights – Law Society’s Gazette

Posted February 10th, 2012 in law firms, limited liability partnerships, news, unfair dismissal by tracey

“Fixed-share partners of law firms are not employees and cannot claim employment rights before a tribunal, the Court of Appeal has ruled. However the ruling, in a case brought by Martin Tiffin against southern England law firm Lester Aldridge (LA), applies only when fixed-share partners enjoy some of the ‘obligations and responsibilities’ of full equity partnership.”

Full story

Law Society’s Gazette, 9th February 2012

Source: www.lawgazette.co.uk

Protect legal privilege, bar urges government – Law Society’s Gazette

Posted February 10th, 2012 in investigatory powers, legal profession, news, privilege by tracey

“The Bar Council has urged the government to protect the right of citizens to hold private conversations with their lawyers. The call, supported the Law Society, comes as the proposed Protection of Freedoms Bill, intended to protect people from unwarranted state intrusion in their private lives, goes through parliament.”

Full story

Law Society’s Gazette. 9th February 2012

Source: www.lawgazette.co.uk

Council loses court battle over prayer sessions before meetings – The Guardian

Posted February 10th, 2012 in Christianity, local government, news by tracey

“National Secular Society’s victory over Bideford council may force half of local authorities to review practice of holding prayers.”

Full story

The  Guardian, 10th February 2012

Source: www.guardian.co.uk

Christian B&B owners lose appeal over turning away gay guests – The Guardian

Posted February 10th, 2012 in hotels, news, sexual orientation discrimination by tracey

“Two Christian guesthouse owners who were ordered to pay damages after refusing to allow a gay couple to stay in a double room have lost their appeal. The challenge by Peter and Hazelmary Bull, who run Chymorvah House in Marazion, Cornwall, was rejected by three judges in the court of appeal in London.”

Full story

The Guardian, 10th February 2012

Source: www.guardian.co.uk

Nathaniel Rothschild loses High Court libel battle – Daily Telegraph

Posted February 10th, 2012 in defamation, news by tracey

“Nathaniel Rothschild, the billionaire financier, has lost a High Court libel action over a claim that he was the ‘puppet-master’ behind a deal involving Lord Mandelson and a Russian oligarch.”

Full story

Daily Telegraph, 10th February 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted February 10th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Lloyds Tsb Bank Plc v Markandan & Uddin (a firm) [2012] EWCA Civ 65 (09 February 2012)

Foss v Secretary of State for Work & Pensions [2012] EWCA Civ 80 (09 February 2012)

Cambridge v Makin [2012] EWCA Civ 85 (09 February 2012)

Wirral Metropolitan Borough Council v Salisbury Independent Living Ltd [2012] EWCA Civ 84 (09 February 2012)

Court of Appeal (Criminal Division)

Court, R. v [2012] EWCA Crim 133 (09 February 2012)

MJ, R v [2012] EWCA Crim 132 (09 February 2012)

High Court (Administrative Court)

Altunkaynak, R (on the application of) v Northamptonshire Magistrates’ Court & Anor [2012] EWHC 174 (Admin) (09 February 2012)

T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012)

High Court (Chancery Division)

Bieber & Ors v Teathers Ltd [2012] EWHC 190 (Ch) (09 February 2012)

Wright Hassall Llp v Morris [2012] EWHC 188 (Ch) (09 February 2012)

High Court (Commercial Court)

Navios International Inc v Sangamon Transportation Group [2012] EWHC 166 (Comm) (08 February 2012)

Source: www.bailii.org

Regina v Court and another – WLR Daily

Posted February 10th, 2012 in law reports, prostitution by tracey

Regina v Court and another: [2012] EWCA Crim 133;  [2012] WLR (D)  27

“The ingredients of the common law offence of keeping a disorderly house required that the services provided were open to members of the public and were of such a character and conducted in such a manner that their provision amounted to an outrage to public decency. The provision of straightforward sexual intercourse was not sufficient to constitute the offence.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

Blight and others v Brewster – WLR Daily

Posted February 10th, 2012 in bankruptcy, debts, enforcement, fraud, law reports, pensions by tracey

Blight and others v Brewster: [2012] EWHC 165 (Ch);  [2012] WLR (D)  26

“Bankrupts who were subject to an order for enforcement of a judgment had to take both the benefits and burdens of their bankruptcy and should not be allowed to hide their assets in pension funds when they had a right to withdraw monies needed to pay their creditors.”

WLR Daily, 9th February 2012

Source: www.iclr.co.uk

Revenue and Customs Commissioners v Cotter – WLR daily

Posted February 10th, 2012 in capital gains tax, income tax, law reports, tax avoidance by tracey

Revenue and Customs Commissioners v Cotter: [2012] EWCA Civ 81;  [2012] WLR (D)  25

“Where the revenue decided to challenge matters contained in a self assessment tax return in response to the particulars sought by the return, it should use either the procedure in section 9A of the Taxes Management Act 1970 or seek to make a correction to the return under section 9ZB, if applicable, therefore entitling the taxpayer to a right of appeal to the First Tier Tribunal. The court did not have jurisdiction to determine in collection proceedings whether a taxpayer was entitled to include in his tax return a claim for relief and so rely on it as a defence to the claim for immediate payment.”

WLR Daily, 8th February 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 10th, 2012 in legislation by tracey

The City of Wakefield (Mayoral Referendum) Order 2012

The City of Sheffield (Mayoral Referendum) Order 2012

The City of Nottingham (Mayoral Referendum) Order 2012

The City of Newcastle-upon-Tyne (Mayoral Referendum) Order 2012

The City of Manchester (Mayoral Referendum) Order 2012

The City of Leeds (Mayoral Referendum) Order 2012

The City of Coventry (Mayoral Referendum) Order 2012

The City of Bristol (Mayoral Referendum) Order 2012

The City of Bradford (Mayoral Referendum) Order 2012

The City of Birmingham (Mayoral Referendum) Order 2012

The Local Authorities (Conduct of Referendums)(England) Regulations 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted February 10th, 2012 in parliamentary papers by tracey

Solving disputes in the county courts: creating a simpler, quicker and more proportionate system a consultation on reforming civil justice in England and Wales the Government response, Cm 8274 (PDF)

 Government’s response to pre-legislative scrutiny and public consultation on individual electoral registration and amendments to electoral administration law, Cm 8245 (PDF)

Source: www.official-documents.gov.uk

Abu Qatada relased on “very restrictive” bail conditions – UK Human Rights Blog

Posted February 10th, 2012 in bail, deportation, detention, human rights, news, terrorism by tracey

“Mitting J has ruled that in the light of the recent Strasbourg ruling that the appellant could not be returned to Jordan,  his detention could not continue. Under the so-called ‘Hardial Singh’ principles, the Secretary of State must intend to deport the person and can only use the power to detain for that purpose, and the deportee may only be detained for a period that is reasonable in all the circumstances.”

Full story

UK Human Rights Blog, 9th February 2012

Source: www.ukhumanrightsblog.com

Call for evidence on the European Commission’s data protection proposals – Ministry of Justice

Posted February 10th, 2012 in data protection, EC law, news by tracey

“The Government is seeking evidence on new legislative proposals for data protection which were published by the European Commission on 25 January 2012.”

Full story

Ministry of Justice, 7th February 2012

Source: www.justice.gov.uk

Ofcom targets phone and broadband switching ‘slammers’ – BBC News

Posted February 10th, 2012 in consumer protection, internet, news, telecommunications by tracey

“Landline phone and internet providers which switch customers to their service without their consent – a process known as ‘slamming’ – are being targeted by Ofcom.”

Full story

BBC News, 9th February 2012

Source: www.bbc.co.uk

Winterbourne View staff admit abuse of patients with learning difficulties – The Guardian

Posted February 10th, 2012 in assault, care homes, guilty pleas, mental health, news by tracey

“Three members of staff have admitted mistreating patients at a private hospital for people with learning difficulties.”

Full story

The Guardian, 9th February 2012

Source: www.guardian.co.uk

Government targets illegal firearms – Home Office

Posted February 10th, 2012 in consultations, firearms, gangs, press releases, young offenders by tracey

“A consultation on strengthening the law on illegal firearms was launched by Home Secretary Theresa May today as part of the government’s drive to end gang and youth violence.”

Full press release

Home Office, 8th February 2012

Source: www.homeoffice.gov.uk

UK Border Agency removes gang members – Home Office

Posted February 10th, 2012 in crime prevention, deportation, gangs, press releases by tracey

“A joint operation between the UK Border Agency and Metropolitan Police and has led to eight major gang members being deported back to their home countries.”

Full press release

Home Office, 9th February 2012

Source: www.homeoffice.gov.uk

General Synod rejects women bishops compromise bid – BBC News

Posted February 10th, 2012 in Church of England, clergy, news, women by tracey

“Anglicans opposed to the ordination of women bishops have been refused concessions they say would secure their place in the Church of England. The General Synod defeated a bid to increase the autonomy of male bishops looking after traditionalist parishes.”

Full story

BBC News, 8th February 2012

Source: www.bbc.co.uk