Embattled head of care watchdog resigns as inquiry is announced – The Independent

Posted February 24th, 2012 in care homes, community care, health, news by tracey

“Cynthia Bower, chief executive of the Care Quality Commission, announced it was ‘time to move on’ as the Department of Health announced a review of the organisation she heads, which has been beset by low morale, lack of funds and board level disputes.”

Full story

The Independent, 24th February 2012

Source: www.independent.co.uk

Abu Qatada case: Judge details landlord’s privacy order – BBC News

Posted February 24th, 2012 in anonymity, human rights, injunctions, media, news, privacy by tracey

“A High Court judge has revealed why radical cleric Abu Qatada’s landlord was given anonymity after he was repeatedly contacted by journalists.”

Full story

BBC News, 23rd February 2012

Source: www.bbc.co.uk

Darlington councillor Mark Burton jailed for sexual assault – BBC News

Posted February 24th, 2012 in child abuse, indecent photographs of children, news, sentencing, sexual offences by tracey

“A Darlington councillor has been jailed for sexually assaulting a girl and having pictures of child abuse.”

Full story

BBC News, 23rd February 2012

Source: www.bbc.co.uk

Private divorce courts on the way – Daily Telegraph

Posted February 23rd, 2012 in arbitration, divorce, financial provision, news by sally

“High-profile married couples who are splitting up may soon be able to avoid airing their dirty linen in public with the advent of private divorce courts.”

Full story

Daily Telegraph, 23rd February 2012

Source: www.telegraph.co.uk

PCC ruling on the Guardian’s Mark Duggan story – full text – The Guardian

Posted February 23rd, 2012 in complaints, media, news by sally

“Press complaints body finds that paper’s headline and standfirst were misleading, but its apology and correction were sufficient”

Full story

The Guardian, 23rd February 2012

Source: www.guardian.co.uk

PCC rules Guardian’s Mark Duggan headline was misleading – The Guardian

Posted February 23rd, 2012 in complaints, media, news by sally

“The Guardian has been found to be in breach of the Press Complaints Commission code of practice over a headline and subhead on an article published by the newspaper in November regarding the circumstances of the death of Mark Duggan, whose shooting by the police prompted the summer riots.”

Full story

The Guardian, 23rd February 2012

Source: www.guardian.co.uk

Christian loses employment tribunal over Sunday working – BBC News

“A Christian woman who claimed she was forced to leave her job because she was made to work on Sundays, has lost her case against Merton Council.”

Full story

BBC News, 23rd February 2012

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 23rd, 2012 in legislation by sally

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2012

The Social Security (Reciprocal Agreements) Order 2012

The Sudan and South Sudan (Restrictive Measures) (Overseas Territories) Order 2012

Source: www.legislation.gov.uk

Girl injured by speeding driver awarded £5m – BBC News

Posted February 23rd, 2012 in children, compensation, dangerous driving, news, personal injuries by sally

“A six-year-old West Midland girl who suffered severe brain damage in a car crash involving a speeding driver has been awarded £5m compensation.”

Full story

BBC News, 23rd February 2012

Source: www.bbc.co.uk

MoJ ditches new court interpreting system in face of major backlash – The Lawyer

Posted February 23rd, 2012 in courts, interpreters, news by sally

“The Ministry of Justice (MoJ) has decided to allow courts to revert to the old system of selecting interpreters from the National Register of Public Service Interpreters (NRPSI) in order to avoid further hearings being adjourned as a result of interpreters from a new agency failing to turn up to court.”

Full story

The Lawyer, 23rd February 2012

Source: www.thelawyer.com

BAILII: Recent Decisions

Posted February 23rd, 2012 in law reports by sally

Supreme Court

Peacock, Re [2012] UKSC 3 (22 February 2012)

Court of Appeal (Criminal Division)

Gul, R v [2012] EWCA Crim 280 (22 February 2012)

Dowds v R [2012] EWCA Crim 281 (22 February 2012)

Court of Appeal (Civil Division)

Munin Navigation Company Ltd v Petrodel Resources Ltd ‘Munin Explorer’ [2012] EWCA Civ 136 (21 February 2012)

The Mayor Commonalty and Citizens of London v Samede (St Paul’s Churchyard camp representative) & Ors (Rev 1) [2012] EWCA Civ 160 (22 February 2012)

High Court (Queen’s Bench Division)

D v The Commissioner of Police of the Metropolis [2012] EWHC 309 (QB) (22 February 2012)

Barber & Ors v Rasco International Ltd & Anor [2012] EWHC 269 (QB) (02 February 2012)

Source: www.bailii.org

Uncommon Remedies – Cloisters

Posted February 23rd, 2012 in damages, employment, news, Supreme Court by sally

“The Supreme Court decision refusing a dismissed employee compensation for the way he was sacked provides a further prompt to review the interaction of employment legislation with common law remedies, says Catriona Stirling.”

Full story (PDF)

Cloisters, February 2012

Source: www.cloisters.com

Data Protection for the 21st Century: The EU Reform Proposals – 11 KBW

Posted February 23rd, 2012 in data protection, EC law, news by sally

“This is the second of two papers summarising the impact of the draft ‘General Data Protection Regulation’ proposed by the European Commission on 25 January 2012, as a replacement for the existing Data Protection Directive 95/46/EC. It follows on from Timothy Pitt-Payne QC’s paper which introduced the proposed Regulation and summarised Chapters I-IV.”

Full story (PDF)

11 KBW, 22nd February 2012

Source: www.11kbw.com

Data Protection: The EU Reform Proposals – 11 KBW

Posted February 23rd, 2012 in data protection, EC law, news by sally

“This paper focuses on the proposed General Data Protection Regulation (and in particular its first four chapters), explaining the background and context of the proposals, and some of their main implications for individuals, and for organisations in the private and public sector that handle personal data.”

Full story (PDF)

11 KBW, 22nd February 2012

Source: www.11kbw.com

Caterpillar Logistics Service (UK) Ltd v de Crean – WLR Daily

Posted February 23rd, 2012 in appeals, confidentiality, employment, injunctions, law reports by sally

Caterpillar Logistics Service (UK) Ltd v de Crean [2012] EWCA Civ 156; [2012] WLR (D) 40

“The court had power under section 37 of the Senior Courts Act 1981 to grant barring-out relief, but if it could ever be granted to an employer against an employee it could only be in the most exceptional circumstances.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

Cameron v Boggiano and another – WLR Daily

Posted February 23rd, 2012 in appeals, conveyancing, law reports, sale of land by sally

Cameron v Boggiano and another [2012] EWCA Civ 157; [2012] WLR (D) 39

“A court was entitled to seek assistance on the construction of a plan and title documents by taking account of the topographical features at the relevant date, provided the documents were ambiguous.”

WLR Daily, 21st February 2012

Source: www.iclr.co.uk

No 10 sides with gay couples over full marriage – The Independent

“Gay couples will finally win the right to marry, Downing Street insisted last night, despite an escalating campaign of opposition led by a former Archbishop of Canterbury and some Conservative MPs.”

Full story

The Independent, 21st February 2012

Source: www.independent.co.uk

Legal aid changes: long overdue reform or denial of justice? – BBC Law in Action

Posted February 23rd, 2012 in civil justice, legal aid, podcasts by sally

“‘The single biggest attack on access to justice since the legal aid system was introduced’. That’s the view of the Law Society on the government’s controversial proposals to reform the civil justice system in England and Wales. But the government argue that the legal aid system has become unaffordable and along with no win no fee has helped create a litigious society. They say the current system is a boon for lawyers, while draining resources from organisations like the NHS and leaving many small businesses in fear of legal action. The Government are planning to scrap legal aid in some areas and make fundamental changes to no-win no fee. The aim is to bring down costs and encourage alternatives to going to court. But the bill to introduce these changes has been having a rocky ride in Parliament and there is widespread opposition to the reforms. Advice centres, lawyers and even some from the government’s own benches say the changes will deny justice for vulnerable people, and will ultimately end up costing the government more money. In the first programme of a new series of Law in Action, Joshua Rozenberg examines the arguments and the likely impact of the contentious changes.”

Podcast

BBC Law in Action, 21st February 2012

Source: www.bbc.co.uk

Poor not singled out by rise in university fees, rules court – UK Human Rights Blog

Posted February 23rd, 2012 in fees, human rights, judicial review, news, universities by sally

“This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when the extent of judicial intervention into political decision-making is the subject of much debate in the legal profession and academia, thanks to Lord Sumption’s FA Mann Lecture on the subject late last year and its recent rebuttal by Sir Stephen Sedley.”

Full story

UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

Phone hacking: Cherie Blair to sue News International – The Guardian

Posted February 23rd, 2012 in interception, media, news, telecommunications by sally

“Cherie Blair, the wife of the former prime minister, is suing News International and private investigator Glenn Mulcaire over the alleged hacking of her phone by the News of the World.”

Full story

The Guardian, 22nd February 2012

Source: www.guardian.co.uk