News channels granted legal challenge to police call for Dale Farm footage – The Guardian

Posted March 16th, 2012 in news by tracey

“The BBC, ITN and Sky News have been granted a judicial review into a court decision that they should hand hours of unbroadcast footage of the Dale Farm eviction to police.”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

Senior judge cautions colleagues over courting publicity – The Guardian

Posted March 16th, 2012 in judiciary, media, news by tracey

“Judges are becoming too eager to speak out, appear on television programmes such as MasterChef and criticise government policy, the head of the civil judiciary has warned.”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

Ex-UK Border Force chief Brodie Clark settles legal dispute with Home Office – The Guardian

Posted March 16th, 2012 in constructive dismissal, immigration, news by tracey

“The former head of the UK Border Force who resigned over last year’s security row has reached an out-of-court settlement with the Home Office in which neither side admits any liability or wrongdoing.”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

 

UK Coal guilty over miner’s death – BBC News

Posted March 16th, 2012 in health & safety, miners, news by tracey

“UK Coal has pleaded guilty to health and safety breaches over the death of a miner at a North Yorkshire colliery.”

Full story

BBC News, 16th March 2012

Source: www.bbc.co.uk

Ex special constable jailed for rape and underage sex – BBC News

Posted March 16th, 2012 in child abuse, news, rape, sentencing by tracey

“A Suffolk special constable with a fixation for women’s underwear has been jailed for eight years for raping a teenage girl.”

Full story

BBC News, 16th March 2012

Source: www.bbc.co.uk

Industrial disease wins exemption from CFA cut – Law Society’s Gazette

Posted March 16th, 2012 in asbestos, fees, industrial injuries, news by tracey

“Peers in the House of Lords have voted for sufferers of asbestos-related disease to be exempt from reforms to no win, no fee litigation.”

Full story

Law Society’s Gazette, 15th March 2012

Source: www.lawgazette.co.uk

Gang members jailed for shootings – The Independent

” Five members of an underworld gang responsible for a series of shootings, and leaving a hand grenade on the front wall of Liverpool manager Kenny Dalglish’s home were today jailed for life.”

Full story

The Independent, 16th March 2012

Source: www.independent.co.uk

Letters to the Legal Services Board – The Bar Council

Posted March 16th, 2012 in barristers, contracts, press releases by tracey

“Update for the profession: the Chairman of the Bar Council has written to the Chief Executive and Business Planning Associate at the Legal Services Board (LSB) to offer the Bar’s view on the proposed New Contractual terms and the LSB’s Draft Strategic and Business Plan 2012-15 respectively.”

Full press release

The Bar Council, 15th March 2012

Source: www.barcouncil.org.uk

Bar Council Tells CPS that Quality Advocacy is Paramount as Report Shows Decline in In-House Advocacy Standards – The Bar Council

Posted March 16th, 2012 in advocacy, press releases, prosecutions by tracey

“The Bar Council, which represents barristers in England and Wales, has called on the Crown Prosecution Service (CPS) to recognise that maintaining quality advocacy is paramount. The warning is issued in the wake of an independent review by Her Majesty’s Crown Prosecution Inspectorate (HMCPSI) which found that the quality of Crown advocate performance has declined since 2009.”

Full press release

The Bar Council, 15th March 2012

Source: www.barcouncil.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2012 in legislation by tracey

The Controlled Waste (England and Wales) Regulations 2012

The Export Control (Syria Sanctions) and (Miscellaneous Amendments) Order 2012

The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012

The Trafford Healthcare National Health Service Trust (Dissolution) Order 2012

The Copyright and Performances (Application to Other Countries) Order 2012

The Barts Health National Health Service Trust (Establishment) and the Barts and The London National Health Service Trust, the Newham University Hospital National Health Service Trust and the Whipps Cross University Hospital National Health Service Trust (Dissolution) Order 2012

The Torbay and Southern Devon Health and Care National Health Service Trust (Establishment) Order 2012

The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012

The Isle of Wight National Health Service Trust (Establishment) Order 2012

The National Health Service Trusts (Originating Capital) Order 2012

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

The Merchant Shipping (Ship-to-Ship Transfers) (Amendment) Regulations 2012

The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment) Order 2012

Source: www.legislation.gov.uk

Groupon guilty of ‘widespread’ breaches of consumer protection laws – The Guardian

Posted March 16th, 2012 in advertising, consumer protection, news, unfair contract terms by tracey

“An Office of Fair Trading investigation has found Groupon guilty of ‘widespread’ breaches of consumer protection laws, relating to issues including the pricing, advertising and unfair terms attached to its daily deals.”

Full story

The Guardian, 16th March 2012

Source: www.guardian.co.uk

Energy firm SSE loses appeal on mis-selling – BBC News

Posted March 16th, 2012 in appeals, energy, news, unfair commercial practices by tracey

“SSE has lost an appeal into a conviction for tricking potential customers into switching from their existing energy firm.”

Full story

BBC News, 16th March 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 16th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Faidi & Anor v Elliot Corporation [2012] EWCA Civ 287 (16 March 2012)

HK (Afghanistan) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 315 (16 March 2012)

Yafai v Muthana [2012] EWCA Civ 289 (16 March 2012)

McGuire v Rose [2012] EWCA Civ 288 (16 March 2012)

Welsh Ministers & Anor v RWE Npower Renewables Ltd [2012] EWCA Civ 311 (15 March 2012)

Smith v Butler [2012] EWCA Civ 314 (15 March 2012)

Oliver & Anor v Symons & Anor [2012] EWCA Civ 267 (15 March 2012)

Broom, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 275 (15 March 2012)

 Court of Appeal (Criminal Division)

Surrey Trading Standards, R (on the application of) v Scottish and Southern Energy Plc [2012] EWCA Crim 539 (16 March 2012)

Chinn, R. v [2012] EWCA Crim 501 (15 March 2012)

High Court (Administrative Court)

Dartford Borough Council v Secretary of State for Communities and Local Government & Anor [2012] EWHC 634 (Admin) (16 March 2012)

Unison, R (on the application of) & Anor v NHS Shared Business Services Ltd & Anor [2012] EWHC 624 (Admin) (15 March 2012)

High Court (Chancery Division)

Combined Insurance Company of America (CICA), Re [2012] EWHC 632 (Ch) (16 March 2012)

High Court (Commercial Court)

Jet2.com Ltd v SC Compania Nationala De Transporturi Aeriene Romane Tarom SA [2012] EWHC 622 (Comm) (15 March 2012)

Bikam OOD Central Investment Group SA v Adria Cable SARL [2012] EWHC 621 (Comm) (15 March 2012)

High Court (Queen’s Bench Division)

Weston v Bates & Anor [2012] EWHC 590 (QB) (15 March 2012)

Tinkler & Anor v Elliott [2012] EWHC 600 (QB) (15 March 2012)

Citation Plc v Ellis Whittam Ltd [2012] EWHC 549 (QB) (14 March 2012)

High Court (Technology and Construction Court)

Murray Construction Ltd v Marino Family Trust Ltd [2012] EWHC 628 (TCC) (15 March 2012)

Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 649 (TCC) (15 March 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 16th, 2012 in legislation by tracey

The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012

The Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2012

The Social Security (Contributions) (Amendment No. 2) Regulations 2012

The Social Security (Categorisation of Earners) (Amendment) Regulations 2012

The Social Security (Contributions) (Re-rating) Order 2012

The Social Security (Contributions) (Limits and Thresholds) (Amendment) Regulations 2012

The National Savings Bank (Investment Deposits) (Limits) (Amendment) Order 2012

The Qualifying Care Relief (Specified Social Care Schemes) (Amendment) Order 2012

The Immigration (Passenger Transit Visa)(Amendment)(No. 2) Order 2012

The Humber Bridge (Debts) Order 2012

The Air Navigation (Restriction of Flying) (Wimbledon) Regulations 2012

The Workmen’s Compensation (Supplementation) (Amendment) Scheme 2012

The Social Security Benefits Up-rating Regulations 2012

The Child Benefit (General) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

 

A v B and another (Female parents: Role of biological father) – WLR Daily

Posted March 16th, 2012 in assisted reproduction, children, contact orders, law reports, paternity by tracey

A v B and another (Female parents: Role of biological father): [2012] EWCA Civ 285;  [2012] WLR (D)  80

“Where a child was conceived by a mother and a father by virtue of an agreement between them that the child would live with and be brought up in the care of the mother and her female partner as the primary care givers of the child, there could be no general rule in family proceedings that the biological father was to be regarded only as a ‘secondary’ parent or to have a limited relationship with the child. Each case was fact specific and the welfare of the child was paramount.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

AB and others v Ministry of Defence – WLR Daily

Posted March 16th, 2012 in armed forces, law reports, limitations, nuclear weapons, personal injuries by tracey

AB and others v Ministry of Defence: [2012] UKSC 9;  [2012] WLR (D)  79

“Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether his claim was time-barred.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

In re S (A Child) (Abduction: Custody Appeal) – WLR Daily

Posted March 16th, 2012 in child abduction, law reports, mental health by tracey

In re S (A Child) (Abduction: Custody Appeal): [2012] UKSC 10;  [2012] WLR (D)  78

“A child should not be returned to his country of habitual residence if the court considered that his mother who had to accompany him would on return suffer such anxieties that their effect on her mental health would create an intolerable situation for the child. It did not matter whether the mother’s anxieties were reasonable or not.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

RB (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted March 16th, 2012 in asylum, evidence, expert witnesses, law reports by tracey

RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277;  [2012] WLR (D)  77

“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Regina v A (RJ) – WLR Daily

Posted March 16th, 2012 in abuse of process, Crown Prosecution Service, law reports, prosecutions by tracey

Regina v A (RJ): [2012] EWCA Crim 434;  [2012] WLR (D)  76

“A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Changes to the Immigration Rules – UK Border Agency

Posted March 16th, 2012 in immigration, press releases, regulations by tracey

“Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules. Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.”

Full press release

UK Border Agency, 15th March 2012

Source: www.ukba.homeoffice.gov.uk