13/03/2012 – Current Awareness

Secret courts condemned – a threat to liberty and justice? – Legal Week

Posted March 13th, 2012 in closed material, criminal justice, news, private hearings, terrorism by sally

“Until this week, reaction to the Government’s green paper on ‘Justice and Security’ has been muted. It has taken the form of detailed and reasoned submissions and has tended to come mainly from organisations and individuals with a legal background. Writing on the UK Human Rights Blog, barrister Adam Wagner, somewhat despairingly, referred to the ‘sound of tumbleweed greeting secret civil trials proposals’.”

Full story

Legal Week, 13th March 2012

Source: www.legalweek.com

Family arbitration – Halsbury’s Law Exchange

Posted March 13th, 2012 in arbitration, families, financial provision, news by sally

“On 22 February 2012 a new arbitration scheme was launched. The IFLA (Institute of Family Law Arbitrators) Scheme is the result of a collaboration between resolution, the Family Law Bar Association (FLBA), the Chartered Institute of Arbitrators (CIArb) and the Centre for Child and Family Law Reform (CCFLR) the whole issue of family law arbitration has been under consideration for about the last decade and during that time a number of family lawyers, arbitrators and judges have worked tirelessly to assist in the formulation of the scheme and its rules.”

Full story

Halsbury’s Law Exchange, 13th March 2012

Source: www.halsburyslawexchange.co.uk

Command Papers – official-documents.gov.uk

Posted March 13th, 2012 in parliamentary papers by sally

Review Body on Senior Salaries, Cm 8297 (PDF)

NHS Pay Review Body: Twenty-sixth Report, Cm 8298 (PDF)

Armed Forces’ Pay Review Body: Forty-first Report, Cm 8299 (PDF)

Prison Service Pay Review Body: Eleventh Report, Cm 8300 (PDF)

Review Body on Doctors’ and Dentists’ Remuneration: Fortieth Report, Cm 8301 (PDF)

Social Justice: transforming lives, Cm 8314 (PDF)

Source: www.official-documents.gov.uk

BAILII: Recent Decisions

Posted March 13th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

A v R [2012] EWCA Crim 434 (13 March 2012)

Court of Appeal (Civil Division)

Oakglade Investments Ltd & Anor v Dhand [2012] EWCA Civ 286 (13 March 2012)

Adamson v Paddico (267) Ltd [2012] EWCA Civ 262 (07 March 2012)

Corby Borough Council v Scott [2012] EWCA Civ 276 (13 March 2012)

MM (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 279 (13 March 2012)

RB (Somalia) v Secretary of State for the Home Department [2012] EWCA Civ 277 (13 March 2012)

Revenue & Customs v First Nationwide [2012] EWCA Civ 278 (13 March 2012)

Bon Groundwork Ltd v Foster [2012] EWCA Civ 252 (13 March 2012)

High Court (Commercial Court)

Petrologic Capital SA v Banque Cantonale De Geneve & Anor [2012] EWHC 453 (Comm) (08 March 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 13th, 2012 in legislation by sally

The Imperial College Healthcare National Health Service Trust (Establishment) and the Hammersmith Hospitals National Health Service Trust and the St Mary’s National Health Service Trust (Dissolution) (Amendment) Order 2012

The Registration of Births, Deaths and Marriages (Fees)(Amendment) Order 2012

The Education (Specified Work) (England) Regulations 2012

The Registration of Civil Partnerships (Fees) (Amendment) Order 2012

The Pensions Increase (Review) Order 2012

The Education Act 2011 (Consequential Amendments to Subordinate Legislation) Order 2012

The Education (School Teachers) (Qualifications and Appraisal) (Miscellaneous Amendments) (England) Regulations 2012

The Town and Country Planning (Compensation) (England) Regulations 2012

The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012

The Building (Amendment) Regulations 2012

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2012

Source: www.legislation.gov.uk

European Court of Human Rights ‘not interfering in UK’ – BBC News

Posted March 13th, 2012 in constitutional reform, courts, human rights, news by sally

“The European Court of Human Rights is not ‘interfering’ with the justice system in the UK, its president says.”

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BBC News, 13th March 2012

Source: www.bbc.co.uk

Ministers promote insurance as legal aid alternative – The Guardian

Posted March 13th, 2012 in insurance, legal aid, legal services, news by sally

“Ministers are pushing for people to take out insurance to cover themselves in the event of catastrosphic events as a replacement for legal aid, documents obtained by the Guardian reveal.”

Full story

The Guardian, 13th March 2012

Source: www.guardian.co.uk

Channel Islands challenge VAT plan – The Independent

Posted March 13th, 2012 in news, tax avoidance, VAT by sally

“The Channel Islands are urgently challenging the legality of proposals they fear could ‘devastate’ a thriving internet trade in VAT-exempt goods, including CDs and DVDs.”

Full story

The Independent, 13th March 2012

Source: www.independent.co.uk

Twitter joke trial – Halsbury’s Law Exchange

Posted March 13th, 2012 in bomb hoaxing, internet, news by sally

“As Henry Ward Beecher once said: ‘A person without a sense of humour is like a wagon without springs – jolted by every pebble in the road.’ The law has currently been jolted by one such pebble, the case of Paul Chambers and an ill-advised tweet that is under consideration by the High Court.”

Full story

Halsbury’s Law Exchange, 13th March 2012

Source: www.halsburyslawexchange.co.uk

We need to redefine what ‘copy’ means – The Guardian

Posted March 13th, 2012 in copyright, news by sally

“In an extract from his new book, How to Fix Copyright, William Patry calls for a radical overhaul of copyright law.”

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The Guardian, 13th March 2012

Source: www.guardian.co.uk

Needs of female offenders better met – Ministry of Justice

Posted March 13th, 2012 in criminal justice, news, prisons, women by sally

“Justice Minister Lord McNally today visited the Hammersmith-based women’s community centre, Minerva, to see first-hand how significant investment has helped bring about changes in the way women are dealt with in the criminal justice system.”

Full story

Ministry of Justice, 13th March 2012

Source: www.justice.gov.uk

Deal or No Deal: Channel 4 to face commission over gambling concerns – The Guardian

Posted March 13th, 2012 in gambling, media, news by sally

“The Gambling Commission will meet senior executives at Channel 4 in the next few days to discuss concerns that its hit teatime gameshow Deal or No Deal may constitute gambling.”

Full story

The Guardian, 13th March 2012

Source: www.guardian.co.uk

Richard O’Dwyer case: TVShack creator’s US extradition approved – BBC News

Posted March 13th, 2012 in copyright, extradition, internet, news by sally

“Home Secretary Theresa May has approved the extradition to the US of a student accused of copyright infringement.”

Full story

BBC News, 13th March 2012

Source: www.bbc.co.uk

Woman fails to quash conviction for falsely retracting rape claim – The Guardian

Posted March 13th, 2012 in appeals, domestic violence, news, perverting the course of justice, post-traumatic stress disorder, rape by sally

“The court of appeal has refused to quash a criminal conviction against a mother of four young children who was jailed for falsely retracting an accusation of rape against her allegedly violent and abusive husband.”

Full story

The Guardian, 13th March 2012

Source: www.guardian.co.uk

Court dismisses Belize rapes action – The Independent

Posted March 13th, 2012 in duty of care, news, rape, school children by sally

“Two women who were raped as schoolgirls on ‘the trip of a lifetime’ to Belize have lost their High Court damages action.”

Full story

The Independent, 13th March 2012

Source: www.independent.co.uk

High Court quashes pub landlady conviction over football copyrights infringement – OUT-LAW.com

“The pub landlady who was fined for screening FA Premier League (FAPL) football matches using a foreign satellite decoder has had her criminal conviction overturned by the High Court.”

Full story

OUT-LAW.com, 13th March 2012

Source: www.out-law.com

CFA reform will not be retrospective, MoJ says – Law Society’s Gazette

Posted March 13th, 2012 in bills, fees, news, retrospectivity by sally

“The Ministry of Justice (MoJ) today sought to quell fears that Jackson reforms would be applied retrospectively to cases launched before April 2013.”

Full story

Law Society’s Gazette, 13th March 2012

Source: www.lawgazette.co.uk

Command Papers – official-documents.gov.uk

Posted March 13th, 2012 in parliamentary papers by sally

Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, Cm 8321 (PDF)

Source: www.official-documents.gov.uk

Regina v Kapoor and others – WLR Daily

Posted March 13th, 2012 in appeals, crime, immigration, law reports by sally

Regina v Kapoor and others [2012] EWCA Crim 435; [2012] WLR (D) 72

“For the purposes of section 25(1)(2) of the Immigration Act 1971, as substituted, an ‘immigration law’ was a law which determined whether a person was lawfully or unlawfully either entering the United Kingdom, or in transit or being in the United Kingdom and did not include section 2 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 which made it an offence for a person not to have with him at a leave or asylum interview an immigration document which was in force and satisfactorily established his identity and nationality or citizenship.”

WLR Daily, 9th March 2012

Source: www.iclr.co.uk

Huet v Université de Bretagne Occidentale – WLR Daily

Posted March 13th, 2012 in contract of employment, EC law, fixed-term contracts, law reports by sally

Huet v Université de Bretagne Occidentale (Case C-251/11); [2012] WLR (D) 71

“National legislation which provided for conversion of fixed-term employment contracts into an employment contract of indefinite duration when the fixed-term employment contracts reached a certain duration did not have to require that the employment contract of indefinite duration reproduced in identical terms the principal clauses set out in the previous contract. However, in order not to undermine the practical effect of, or the objectives pursued by, Council Directive 1999/70/EC, the member state concerned had to ensure that the conversion of fixed-term employment contracts into an employment contract of indefinite duration was not accompanied by material amendments to the clauses of the previous contract in a way which was, overall, unfavourable to the person concerned when the subject-matter of that person’s tasks and the nature of his functions remain unchanged.”

WLR Daily, 8th March 2012

Source: www.iclr.co.uk