Month: May 2012

Should we outlaw genetic discrimination? – UK Human Rights Blog

Posted May 10th, 2012 in disability discrimination, employment, genetic testing, human rights, insurance, news by sally

“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.”

Full story

UK Human Rights Blog, 9th May 2012

Source: www.ukhumanrightsblog.com

Justice system criticised as Spectator faces £5,000 fine over article that jeopardised Stephen Lawrence trial – The Independent

Posted May 10th, 2012 in contempt of court, fines, media, news, reporting restrictions by sally

“The father of Stephen Lawrence renewed his criticisms of the criminal justice system today after it emerged that the Spectator magazine faces a maximum £5,000 fine over an article written by Rod Liddle that jeopardised the trial of two of the black teenager’s racist killers.”

Full story

The Independent, 9th May 2012

Source: www.independent.co.uk

Parents reunited with baby after court rules fractures were caused by rickets – The Guardian

Posted May 10th, 2012 in child abuse, health, miscarriage of justice, news by sally

“A couple accused of abusing their baby after 17 fractures were discovered have welcomed a court ruling which found that the fractures were not caused by abuse but by the bone-weakening disease rickets.”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

Televising trials: What can be learned from US? – BBC News

Posted May 10th, 2012 in courts, media, news, witnesses by sally

“Television cameras are to be allowed to film courts in England and Wales for the first time, it has been announced in the Queen’s Speech. What can be learned from the experience in the United States and Scotland?”

Full story

BBC News, 10th May 2012

Source: www.bbc.co.uk

New Bill will reform libel laws – The Independent

Posted May 10th, 2012 in bills, defamation, freedom of expression, news by sally

“A Bill to protect freedom of speech and reform the libel laws is to be introduced into Parliament, it was announced in the Queen’s Speech.”

Full story

The Independent, 9th May 2012

Source: www.independent.co.uk

Queen’s speech puts ‘growth, justice and constitutional reform’ at its heart – The Guardian

Posted May 10th, 2012 in bills, constitutional reform, news, parliament, speeches by sally

“Lords reform takes centre stage in legislative agenda, alongside measures to support families, change employment law and reform pensions”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

Related link: Queen’s speech 2012 – full text

US self-defence expert banned from entering UK – BBC News

Posted May 9th, 2012 in immigration, news, self-defence, violence by sally

“An American expert in violent self-defence has been excluded from entering the UK by the Home Office.”

Full story

BBC News, 9th May 2012

Source: www.bbc.co.uk

Taking Control – The Bar Council

Posted May 9th, 2012 in advocacy, barristers, legal education, news, quality assurance by sally

“Lawyers worldwide look to the UK as leading the common law world in terms of its jurisprudence; the challenges to this position; the Bar must fend off consultation fatigue and become part of the debate; education, training and the quality assurance scheme for advocates”

Full story (PDF)

The Bar Council, May 2012

Source: www.barcouncil.org.uk

Finance & Divorce April Update 2012 – Family Law Week

Posted May 9th, 2012 in divorce, families, family courts, news by sally

“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”

Full story

Family Law Week, 8th May 2012

Source: www.familylawweek.com

Migrationsverket v Kastrati and Others – WLR Daily

Posted May 9th, 2012 in asylum, EC law, law reports, visas by sally

Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139

“The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. In such circumstances, it was for the member state within the territory of which the application was lodged to take the decisions required as a result of that withdrawal and to discontinue the examination of the application, with a record of the information relating to it being placed in the applicant’s file.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted May 9th, 2012 in damages, ex turpi causa, injunctions, law reports, patents by sally

Les Laboratoires Servier and another v Apotex Inc and others [2012] EWCA Civ 593; [2012] WLR (D) 138

“The court was able to take into account a wide range of considerations in order to ensure that the ex turpi causa defence only applied where it was a just and proportionate response to the illegality in question. Although a party claiming compensation on a cross-undertaking in damages for lost sales of products the manufacture of which infringed a foreign patent was relying on an unlawful act sufficiently causative of its claim to engage the defence in principle, the defence did not apply where the party had believed reasonably and in good faith that the patent was invalid, and the illegality was recognised by making a deduction in the assessment of damages for the amount which the foreign court would have awarded in patent infringement proceedings.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Neidel v Stadt Frankfurt am Main – WLR Daily

Posted May 9th, 2012 in EC law, holiday pay, law reports, pensions, working time by sally

Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137

“The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Bootes and others v Ceart Risk Services Ltd – WLR Daily

Posted May 9th, 2012 in administrators, financial regulation, insolvency, law reports by sally

Bootes and others v Ceart Risk Services Ltd [2012] EWHC 1178 (Ch); [2012] WLR (D) 136

“A failure to comply with section 362A of the Financial Services and Markets Act 2000 in the appointment of administrators did not necessarily invalidate that appointment irreparably.”

WLR Daily, 25th April 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 9th, 2012 in legislation by sally

The Pension Schemes (Categories of Country and Requirements for Overseas Pension Schemes and Recognised Overseas Pension Schemes) (Amendment) Regulations 2012

The Protection of Freedoms Act 2012 (Commencement No. 1) Order 2012

The Designation of Rural Primary Schools (England) Order 2012

The Education (Pupil Referral Units) (Application of Enactments) (England) (Amendment) Regulations 2012

The Police (Complaints and Misconduct) Regulations 2012

The Registration of Births and Deaths Regulations 1987 (Amendment) Regulations 2012

The Public Bodies (Abolition of Courts Boards) Order 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 9th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Magnohard Ltd v Cadogan & Anor [2012] EWCA Civ 594 (04 May 2012)

High Court (Chancery Division)

Football Dataco Ltd & Ors v Sportradar GmbH & Anor [2012] EWHC 1185 (Ch) (08 May 2012)

High Court (Administrative Court)

Cameron & Ors v Revenue & Customs [2012] EWHC 1174 (Admin) (08 May 2012)

Murphy v Secretary of State for Communities & Local Government & Anor [2012] EWHC 1198 (Admin) (08 May 2012)

Y, R (on the application of) v Aylesbury Crown Court [2012] EWHC 1140 (Admin) (01 May 2012)

AHK & Ors v Secretary of State for the Home Department [2012] EWHC 1117 (Admin) (02 May 2012)

Source: www.bailii.org

200 war criminals identified by Britain but only three deported – Daily Telegraph

Posted May 9th, 2012 in deportation, news, war crimes by sally

“Hundreds of suspected war criminals have tried to settle in Britain in recent years but only a dozen have been banned from the country and some have been allowed to stay on human rights grounds.”

Full story

Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

NHS risk register’s publication vetoed by cabinet – The Guardian

Posted May 9th, 2012 in freedom of information, government departments, health, news, veto by sally

“The official assessment of the risks involved in the government’s NHS shakeup will never be published after the cabinet exercised its rare right of veto to keep it secret.”

Full story

The Guardian, 8th May 2012

Source: www.guardian.co.uk

Louise Mensch ‘troll’ is told he could face jail – The Guardian

Posted May 9th, 2012 in electronic mail, internet, news by sally

“An internet ‘troll’ who tried to drive the Conservative MP Louise Mensch off Twitter by sending her an email threatening the lives of her children has been warned he could be jailed for six months.”

Full story

The Guardian, 8th May 2012

Source: www.guardian.co.uk

Comparison websites ‘break the law’ over disabled users – Daily Telegraph

Posted May 9th, 2012 in advertising, disability discrimination, electronic commerce, equality, internet, news by sally

“They may spend millions of pounds on advertising campaigns featuring mustachioed opera singers and cheeky meerkats, but some of the nation’s most popular comparison websites have been accused of breaking the law by denying access to more than 12m consumers with disabilities.”

Full story

Daily Telegraph, 7th May 2012

Source: www.telegraph.co.uk

Why lawyers can’t coach witnesses – The Guardian

Posted May 9th, 2012 in inquiries, legal profession, news, professional conduct, witnesses by sally

“If lawyers are preparing David Cameron for his appearance before Lord Justice Leveson, they are on perilous ground.”

Full story

The Guardian, 8th May 2012

Source: www.guardian.co.uk