Pharmaceutical firm wins battle for compensation following the lifting of injunction – OUT-LAW.com

Posted May 10th, 2012 in compensation, medicines, news, patents by sally

“A pharmaceutical company has won its battle for compensation despite the fact that it was seeking to sell medicine in the UK that was manufactured in breach of Canadian patent law.”

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OUT-LAW.com, 10th May 2012

Source: www.out-law.com

Prison officers face injunction against pension protests – The Guardian

Posted May 10th, 2012 in industrial action, injunctions, news, pensions, prison officers by sally

“Prison officers staging pension protest meetings have been told they face the threat of a high court injunction because they are banned from taking industrial action.”

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The Guardian, 10th May 2012

Source: www.guardian.co.uk

Queen’s Speech – plans to transform the justice system – Ministry of Justice

Posted May 10th, 2012 in civil justice, criminal justice, news, parliament, speeches by sally

“A raft of new measures to transform the justice system were set out today [9 May] as part of the Queen’s Speech at the annual state opening of Parliament.”

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Ministry of Justice, 9th May 2012

Source: www.justice.gov.uk

Sentencers and commissioners: Time for a new relationship? – Speech by Nicholas Moss JP

Posted May 10th, 2012 in judges, sentencing, speeches by sally

Sentencers and commissioners: Time for a new relationship? (PDF)

Speech by Nicholas Moss JP

Ministry of Justice, 24th April 2012

Source: www.judiciary.gov.uk

Taxis and private hire services – Law Commission

Posted May 10th, 2012 in consultations, licensing, news, taxis by sally

“Clearer rules governing taxis and private hire vehicles could bring stretch limousines and bicycle rickshaws into the licensing system but keep charity volunteers and childminders out of it, the Law Commission said today.”

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Law Commission, 10th May 2012

Source: www.lawcommission.justice.gov.uk

Common european sales law – Ministry of Justice

Posted May 10th, 2012 in consultations, EC law, news, sale of goods by sally

“Senior representatives from business, consumer, digital and legal organisations met Lord McNally, to share their views on the proposed Common European Sales Law.”

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Ministry of Justice, 9th May 2012

Source: www.justice.gov.uk

DfE sets out key features of Children and Families Bill – Family Law Week

Posted May 10th, 2012 in adoption, bills, care orders, children, families, news, special educational needs by sally

“The Department for Education has set out the key features of the Children and Families Bill announced in the Queen’s Speech. The Bill is expected to be introduced early in 2013.”

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Family Law Week, 9th May 2012

Source: www.familylawweek.com

Climate change human rights litigation: is it so radical? Nicola Peart – UK Human Rights Blog

Posted May 10th, 2012 in climate change, human rights, news by sally

“In the UK there are at present no rights expressly cast in terms applicable to climate change, nor have our traditional human rights been extensively interpreted as covering climate change consequences. As David Hart QC identifies in his blog, Is climate change a human rights issue?, human rights principles, to be useful for climate change litigators, have to have some democratic backing somewhere. So is there any hope, in the near future at least, of formally or even informally establishing a link between climate change and human rights in the UK? Is human rights based climate change litigation as ‘radical’ as David Hart suggests?”

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UK Human Rights Blog, 9th May 2012

Source: www.ukhumanrightsblog.com

Recent Statutory Instruments – legislation.gov.uk

Posted May 10th, 2012 in legislation by sally

The Welsh Language (Wales) Measure 2011 (Commencement No.5) Order 2012

The Fire and Rescue Authorities (Improvement Plans) (Wales) Order 2012

Source: www.legislation.gov.uk

Regina (M) v Croydon London Borough Council – WLR Daily

Posted May 10th, 2012 in appeals, costs, law reports, local government, news by sally

Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141

“A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.”

WLR Daily, 8th May 2012

Source: www.iclr.co.uk

Harrow Borough Council v Ayiku – WLR Daily

Posted May 10th, 2012 in council tax, law reports by sally

Harrow Borough Council v Ayiku [2012] EWHC 1200 (Admin); [2012] WLR (D) 140

“The non-British spouse of a student (residing in a relevant dwelling) who was prevented by the terms of her leave to enter from claiming benefits, but was not prevented by those terms from taking paid employment, was exempt from having to pay council tax by virtue of the operation of class N in article 3 of the Council Tax (Exempt Dwellings) Order 1992, as substituted.”

WLR Daily, 9th May 2012

Source: www.iclr.co.uk

Abusive tweeter John Graham Kerlen avoids jail – The Independent

Posted May 10th, 2012 in community service, costs, internet, news, restraining orders by sally

“A blogger who called a councillor a ‘c***’ on Twitter and invited people to put excrement through his letter box avoided a jail sentence today.”

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The Independent, 9th May 2012

Source: www.independent.co.uk

Civil court system faces ‘meltdown’ – Law Society’s Gazette

Posted May 10th, 2012 in civil justice, courts, family courts, news by sally

“The civil and family court system is facing the prospect of chaos as the government prepares to cut face-to-face counter services and problems persist at the Salford civil claims centre, lawyers have warned.”

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Law Society’s Gazette, 10th May 2012

Source: www.lawgazette.co.uk

Abu Qatada deportation appeal rejected by human rights court – The Guardian

Posted May 10th, 2012 in appeals, deportation, human rights, news, terrorism by sally

“The home secretary, Theresa May, is to make a renewed attempt to deport Abu Qatada after judges at the European court of human rights rejected his appeal to the Strasbourg court.”

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The Guardian, 9th May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 10th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Helena Partnerships Ltd v HM Revenue and Customs [2012] EWCA Civ 569 (09 May 2012)

Barker v Hambleton District Council [2012] EWCA Civ 610 (09 May 2012)

London Borough of Enfield v Outdoor Plus Ltd & Anor [2012] EWCA Civ 608 (09 May 2012)

Slater v Stephen Mark St Patrick Condappa [2012] EWCA Civ 598 (09 May 2012)

Owen Ernest Wood & Ors v Hudson Industrial Services Ltd [2012] EWCA Civ 599 (09 May 2012)

LE (Jamaica), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 597 (09 May 2012)

Scottish Widows Fund and Life Assurance Society v BGC International [2012] EWCA Civ 607 (09 May 2012)

High Court (Queen’s Bench Division)

Zhang v Homerton University Hospitals NHS Foundation Trust [2012] EWHC 1208 (QB) (09 May 2012)

Cornish v General Medical Council [2012] EWHC 1196 (QB) (09 May 2012)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2012] EWHC 1189 (QB) (09 May 2012)

High Court (Chancery Division)

Workman & Anor v Tag Capital Ventures Ltd (Rev 1) [2012] EWHC 1171 (Ch) (08 May 2012)

Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) (09 May 2012)

High Court (Administrative Court)

London Borough of Harrow v Ayiku [2012] EWHC 1200 (Admin) (09 May 2012)

Source: www.bailii.org

Anaesthetist who took drugs before going into the operating theatre loses appeal – Daily Telegraph

“A hospital doctor who took handfuls of pain killers and injected himself with drugs before work each morning was rightly struck off for his ‘blatant disregard for patient safety’, the High Court has ruled.”

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Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

Advance decisions: a rare and welcome judicial look – Halsbury’s Law Exchange

Posted May 10th, 2012 in health, mental health, news by sally

“The Mental Capacity Act 2005 contains detailed provision for advance decisions – otherwise known as advance directives: see ss 24, 25 and 26. These are statements made by a person when capacitous, which may apply when the person loses capacity. If they are ‘valid and applicable’ they have the same effect as if made by that person capacitously. A competent patient has the right to refuse even life-sustaining treatment.”

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Halsbury’s Law Exchange, 9th May 2012

Source: www.halsburyslawexchange.co.uk

Rochdale gang jailed for total of 77 years for sexually exploiting young girls – The Guardian

Posted May 10th, 2012 in news, rape, sentencing, sexual offences, trafficking in human beings by sally

“Nine men have received heavy jail sentences at Liverpool crown court for their part in a child sexual exploitation gang that groomed young vulnerable girls in Rochdale.”

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The Guardian, 9th May 2012

Source: www.guardian.co.uk

Prisoners launch High Court challenge to keep more of their wages – Daily Telegraph

Posted May 10th, 2012 in employment, news, prisons, rehabilitation, remuneration, victims by sally

“Prisoners who take jobs outside jail have launched a High Court challenge to keep a great share of their wages, claiming too much goes to victim support.”

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Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

Should we outlaw genetic discrimination? – UK Human Rights Blog

“Earlier this month the Association of British Insurers announced the latest extension on the moratorium on the use of genetic test results for insurance purposes. But is this ‘Concordat’ sufficient protection? Genetic technologies are becoming increasingly available and profound questions are arising in relation to life and health insurance and employability as genetic screening becomes cheaper and widespread.”

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UK Human Rights Blog, 9th May 2012

Source: www.ukhumanrightsblog.com