Day: 4 May 2012

Sexism at the bar may still exist, but women barristers have come a long way – The Guardian

Posted May 4th, 2012 in barristers, news, sex discrimination, women by tracey

“I know I wasn’t the only barrister to feel disheartened by this article which appeared on the Guardian’s website on Thursday, written by a woman who had been treated unfairly in the way in which tasks were assigned to her and her fellow pupils during their training. I would not try to claim that sexist attitudes have been eradicated from the bar (or any profession), but it is only fair to acknowledge that the bar has come on leaps and bounds in this respect since I completed pupillage in the early 80s.”

Full story

The Guardian, 4th May 2012

Source: www.guardian.co.uk

Basque terrorism suspect loses court extradition bid – BBC News

Posted May 4th, 2012 in extradition, news, terrorism by tracey

“An alleged Basque militant has lost his High Court bid to halt his extradition to Spain on terror-related charges.”

Full story

BBC News, 4th May 2012

Source: www.bbc.co.uk

Ex-Supreme Court judge and Herbert Smith partner joins Essex Court – Legal Week

Posted May 4th, 2012 in judges, news by tracey

“Former Herbert Smith partner and UK Supreme Court judge Lord Collins of Mapesbury has joined Essex Court Chambers after retiring from the UK’s top court last year. Lord Collins started at Essex Court this week as a full-time arbitrator. He retired from the Supreme Court in 2011 after serving two years on the highest judicial bench.”

Full story

Legal Week, 3rd May 2012

Source: www.legalweek.com

BAILII: Recent Decisions

Posted May 4th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Les Laboratoires Servier & Anor v Apotex Inc & Ors [2012] EWCA Civ 593 (03 May 2012)

Sullivan v Bristol Film Studios Ltd [2012] EWCA Civ 570 (03 May 2012)

Medeva BV v Comptroller General of Patents [2012] EWCA Civ 523 (03 May 2012)

Court of Appeal (Criminal Division)

OB v The Director of the Serious Fraud Office (Rev 1) [2012] EWCA Crim 901 (02 May 2012)

High Court (Administrative Court)

Calver, R (on the application of) v The Adjudication Panel for Wales [2012] EWHC 1172 (Admin) (03 May 2012)

High Court (Chancery Division)

Bootes & Ors v Ceart Risk Services Ltd [2012] EWHC 1178 (Ch) (03 May 2012)

High Court (Queen’s Bench Division)

Shawe -Lincoln v Neelakandan [2012] EWHC 1150 (QB) (03 May 2012)

CVB v MGN Ltd [2012] EWHC 1148 (QB) (03 May 2012)

Source: www.bailii.org

AA (Somalia) v Entry Clearance Officer – WLR Daily

Posted May 4th, 2012 in adoption, asylum, children, law reports, sponsored immigrants by tracey

AA (Somalia) v Entry Clearance Officer: [2012] EWCA Civ 563;  [2012] WLR (D)  134

“Paragraph 352D of the Statement of Changes in Immigration Rules, concerning the entitlement to entry clearance of a child seeking entry into the United Kingdom as a de facto adopted child of a sponsor who had previously been granted asylum as a refugee, did not extend to children who, neither adopted de jure nor de facto within the ambit of paragraph 309A of the Rules, could be styled as ‘adopted’ by reason of having become a child of the family.”

WLR Daily, 1st May 2012

Source: www.iclr.co.uk

O(B) v Director of the Serious Fraud Office – WLR Daily

Posted May 4th, 2012 in appeals, contempt of court, extradition, law reports, legislative drafting by tracey

O(B) v Director of the Serious Fraud Office: [2012] EWCA Crim 901;  [2012] WLR (D)  133

“In contempt of court cases, there was a right of appeal to the Supreme Court from the Court of Appeal, Criminal Division, by the route of rectification of section 378 and paragraph 45(2) of Schedule 16 to the Armed Forces Act 2006 which had deleted the reference to the Court of Appeal, Criminal Division and inserted no new reference. The substance of the provision Parliament would have made had the drafting error been noticed, occasioned no difficulty. All that would have been required was the insertion of express wording following ‘Court of Appeal’ in section 13(2)(c) of the Administration of Justice Act 1960 (as amended) making it plain that ‘Court of Appeal’ encompassed both civil and criminal divisions. The rectification preserved an important right of appeal and avoided an outcome which had no rational justification.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2) – WLR Daily

Posted May 4th, 2012 in bailment, charterparties, indemnities, law reports, remuneration by tracey

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17;  [2012] WLR (D)  132

“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

SAS Institute Inc v World Programming Ltd – WLR Daily

Posted May 4th, 2012 in computer programs, copyright, EC law, law reports by tracey

SAS Institute Inc v World Programming Ltd: (Case C-406/10);  [2012] WLR (D)  131

“The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such, were not protected by copyright in computer programs for the purposes of that Directive.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 4th, 2012 in legislation by tracey

The Digital Economy Act 2010 (Appointed Day No.2) Order 2012

The Care Quality Commission (Registration and Membership) (Amendment) Regulations 2012

The Milford Haven Port Authority (Constitution) Harbour Revision Order 2012

The Education Act 2011 (Abolition of the GTCE Consequential Amendments and Revocations) Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted May 4th, 2012 in parliamentary papers by tracey

Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Republic of Turkey on military cooperation: London, 23 November 2011, Cm 8344 (PDF)

Source: www.official-documents.gov.uk

People smugglers jailed – UK Border Agency

Posted May 4th, 2012 in press releases, sentencing, trafficking in human beings by tracey

“Two men who attempted to smuggle 9 Kuwaitis into the UK have been jailed for 11 years.”

Full press release

UK Border Agency, 1st May 2012

Source: www.ukba.homeoffice.gov.uk

37 years for £4.9m drug smugglers – Home Office

Posted May 4th, 2012 in drug trafficking, press releases, sentencing by tracey

“Two men have been jailed for a total of 37 years after being found guilty of smuggling drugs with an estimated street value of £4.9 million.”

Full press release

Home Office, 2nd May 2012

Source: www.homeoffice.gov.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 4th, 2012 in evidence, expert witnesses, news, torture by tracey

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

Full story

Source: www.ukhumanrightsblog.com

Battle of the bus lanes: Addison Lee injuncted by High Court – UK Human Rights Blog

Posted May 4th, 2012 in freedom of expression, injunctions, news, taxis, transport by tracey

“Transport for London (TfL) have succeeded in their High Court application for an injunction restraining Addison Lee Taxis from encouraging drivers to use London bus lanes. Mr Justice Eder ruled that the injunction would not breach Addison Lee Chairman John Griffin’s free expression rights.”

Full story

UK Human Rights Blog, 3rd May 2012

Source: www.ukhumanrightsblog.com

 

Sex abuser Clifford Lown jailed after filming rape – BBC News

Posted May 4th, 2012 in child abuse, news, rape, sentencing by tracey

“A man who filmed himself raping a woman he had abused when she was a child has been jailed for 20 years.”

Full story

BBC News, 3rd May 2012

Source: www.bbc.co.uk

Businesses ‘should help prisoners get work’ – BBC News

Posted May 4th, 2012 in imprisonment, news, rehabilitation by tracey

“Major employers should give prisoners work experience placements and training and help more ex-offenders get work, Ken Clarke has said.”

Full story

BBC News, 4th May 2012

Source: www.bbc.co.uk

Internet pornography: government to consult on protecting children – The Guardian

Posted May 4th, 2012 in children, internet, news, pornography by tracey

“The government is to consult on tough measures to protect children from internet pornography. Under plans being draw up by Downing Street, it would be up to customers to ‘opt-in’ to receive adult content online when they take out a broadband contract.”

Full story

The Guardian, 4th May 2012

Source: www.guardian.co.uk

Teenager convicted for harassing Pagan – Daily Telegraph

Posted May 4th, 2012 in harassment, news, religiously aggravated offences, young offenders by tracey

“The 16-year-old, who cannot be identified for legal reasons, consistently provoked the female member of staff over her beliefs in what is understood to be the first case of its kind. A court heard how the defendant discovered through friends that his victim was a Pagan – a legally recognised religion – and then ‘jumped on the bandwagon’. He pleaded guilty to religiously aggravated harassment over a period.”

Full story

Daily Telegraph, 3rd May 2012

Source: www.telegraph.co.uk

Politicians should have thick skins, judge rules in ‘bitchy’ councillor case – Daily Telegraph

Posted May 4th, 2012 in freedom of expression, internet, local government, news by tracey

“People have a right to lampoon and criticise politicians and public officials under the Human Rights Act, the High Court has ruled.”

Full story

Daily Telegraph, 4th May 2012

Source: www.telegraph.co.uk