Regulators agree to share more information – Bar Standards Board

“Regulators from across the legal, accountancy, financial and property sectors have signed a formal agreement that will allow even greater sharing of information.”

Full story

Bar Standards Board, 4th May 2012

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2012 in legislation by sally

The Apprenticeships (Alternative English Completion Conditions) Regulations 2012

The Sixth Form College Corporations (Publication of Proposals) (England) Regulations 2012

The Offender Management Act 2007 (Establishment of Probation Trusts) (Amendment) Order 2012

The Public Bodies (Abolition of Courts Boards) Order 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 8th, 2012 in law reports by sally

High Court (Chancery Division)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Anor [2012] EWHC 1155 (Ch) (04 May 2012)

High Court (Family Division)

AV v RM [2012] EWHC 1173 (Fam) (21 March 2012)

High Court (Administrative Court)

Nunn v Suffolk Constabulary & Anor [2012] EWHC 1186 (Admin) (04 May 2012)

Source: www.bailii.org

Magistrates to sit in community centres in plan to speed up justice – Daily Telegraph

Posted May 8th, 2012 in courts, guilty pleas, magistrates, news, summary judgments by sally

“Ministers are to announce plans to allow magistrates to sit on their own in community centres or police stations in a bid to speed up justice.”

Full story

Daily Telegraph, 8th May 2012

Source: www.telegraph.co.uk

Censure of councillor for “sarcastic, lampooning and disrespectful” blog breached his free speech rights – UK Human Rights Blog

“The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as ‘political speech’ – even when the speech is sarcastic and mocking.”

Full story

UK Human Rights Blog, 7th May 2012

Source: www.ukhumanrightsblog.com

Drug-drivers to face jail time under new law – The Guardian

Posted May 8th, 2012 in bills, careless driving, drug abuse, drug offences, news by sally

“Drivers found to have taken drugs face a prison sentence of up to six months and a fine of up to £5,000 under new legislation, ministers reveal on Monday.”

Full story

The Guardian, 7th May 2012

Source: www.guardian.co.uk

Magistrates should use online crime maps ahead of sentencing – Daily Telegraph

Posted May 8th, 2012 in compensation, internet, magistrates, news, reports, sentencing by sally

“Magistrates say they should be able to use new online crime maps to give tougher sentences for offenders who are blighting a neighbourhood.”

Full story

Daily Telegraph, 5th May 2012

Source: www.telegraph.co.uk

Jeremy Bamber lawyers challenge refusal of appeal – The Guardian

Posted May 8th, 2012 in appeals, Criminal Cases Review Commission, murder, news by sally

“Lawyers acting for the convicted murderer Jeremy Bamber have issued a legal challenge to the Criminal Cases Review Commission (CCRC) following its decision not to refer his case back to the court of appeal. They say the commission has acted ‘unlawfully, overstepped its powers and usurped the function of the appeal court’.”

Full story

The Guardian, 7th May 2012

Source: www.guardian.co.uk

Suing the corporate soul; parent company down for asbestosis – UK Human Rights Blog

Posted May 8th, 2012 in asbestos, industrial injuries, news, subsidiary companies by sally

“This may sound like a rather dreary topic, but the problem is vitally important for the proper reach of environmental and personal injury law. Some may have seen from my post on the Erika disaster the difficult issues which can arise when a multi–national (in that case, Total) does business through a number of corporate entities, particularly where they are domiciled in different countries. But the present case is a good example where liabilities are not confined to the party directly responsible for the injury or disaster. Good thing, too, for this claimant, who stood to gain nothing from his former employer, a company now dissolved, or indeed its insurers.”

Full story

UK Human Rights Blog, 4th May 2012

Source: www.ukhumanrightsblog.com

Head teachers threaten legal action over ‘flawed’ inspector ratings – Daily Telegraph

Posted May 8th, 2012 in education, judicial review, news, teachers by sally

“Head teachers are threatening legal action over school inspection judgements they consider to be ‘flawed’.”

Full story

Daily Telegraph, 5th May 2012

Source: www.telegraph.co.uk

London’s criminals to get a break during Olympics as courts close – The Independent

Posted May 8th, 2012 in courts, news, sport by sally

“Almost half of the courtrooms handling the most serious criminal cases in London will be closed down during the Olympics, according to official plans.”

Full story

The Independent, 7th May 2012

Source: www.independent.co.uk

Batang Kali massacre hearing due to start at high court – The Guardian

Posted May 8th, 2012 in armed forces, inquiries, judicial review, news by sally

“The government will be challenged in court on Tuesday to investigate the killing by British troops of 24 Malaysian rubber plantation workers more than 60 years ago.”

Full story

The Guardian, 7th May 2012

Source: www.guardian.co.uk

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

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