Month: May 2012

I v Oberbürgermeisterin der Stadt Remscheid – WLR Daily

Posted May 24th, 2012 in EC law, freedom of movement, law reports, sexual offences by sally

I v Oberbürgermeisterin der Stadt Remscheid (Case C-348/09); [2012] WLR (D) 157

“An individual who had committed an offence, including those referred to in article 83(1)FEU of the FEU Treaty, such as the sexual exploitation of children, could be regarded as constituting a particularly serious threat to one of the fundamental interests of society and therefore could be excluded from a host member state on ‘imperative ground[s] of public security’ pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Regina (Horne and another) v Central Criminal Court – WLR Daily

Posted May 24th, 2012 in confiscation, jurisdiction, law reports, proceeds of crime, sentencing by sally

Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156

“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Time extended for appeals under Extradition Act – UK Human Rights Blog

Posted May 24th, 2012 in appeals, extradition, news, Supreme Court, time limits by sally

“The Supreme Court has ruled that there should be a discretion in exceptional circumstances for judges to extend time for service of appeals against extradition, where the statutory time limits would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process under Article 6(1) of the Human Rights Convention.”

Full story

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com

UK to resist giving prisoners the vote despite European court ruling – The Guardian

Posted May 24th, 2012 in delay, elections, human rights, news, prisons by sally

“David Cameron believes he will be able to resist implementing a ruling from the European court of human rights that prisoners must be granted the right to vote during his time in Downing Street.”

Full story

The Guardian, 23rd May 2012

Source: www.guardian.co.uk

‘Work to rule’ blow to troubled civil courts service – Law Society’s Gazette

Posted May 24th, 2012 in civil justice, courts, news by sally

“New evidence of a civil courts service reaching breaking point has emerged with staff working to rule and one county court asking law firms not to increase its ‘already vast workload’ by chasing work in arrears.”

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Law Society’s Gazette, 24th May 2012

Source: www.lawgazette.co.uk

A 3 minute law degree? Clever but no mention of Eddie Stobart barristers – The Guardian

Posted May 24th, 2012 in legal education, news by sally

“Students deciding whether to shell out for a law degree will be greatly helped by initiatives like Birkbeck’s taster.”

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The Guardian, 23rd May 2012

Source: www.guardian.co.uk

SARs ruling brings relief to law firms – Law Society’s Gazette

Posted May 24th, 2012 in appeals, banking, damages, law firms, money laundering, news by sally

“A Court of Appeal ruling on anti-money-laundering obligations will bring relief for businesses, including law firms, and remind lawyers of the importance of having appropriate systems to evidence concerns leading to suspicious activity reports (SARs).”

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Law Society’s Gazette, 24th May 2012

Source: www.lawgazette.co.uk

Ken Clarke: popular press to blame for thousands of criminals being in jail needlessly – Daily Telegraph

Posted May 24th, 2012 in lord chancellor, media, news, prisons by sally

“Justice Secretary Ken Clarke has blamed the popular press for putting thousands of criminals in jail who do not need to be there.”

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Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Farepak victims await directors ruling – The Guardian

Posted May 24th, 2012 in company directors, credit unions, disqualification, news by sally

“Victims of the collapse of Christmas hamper firm Farepak could be a step closer to justice as the company’s directors face a judge in London’s high court.”

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The Guardian, 24th May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 23rd, 2012 in law reports by sally

Supreme Court

Lukaszewski v The District Court in Torun, Poland [2012] UKSC 20 (23 May 2012)

NJDB v JEG & Anor (Scotland) [2012] UKSC 21 (23 May 2012)

Test Claimants in the Franked Investment Income Group Litigation v Inland Revenue [2012] UKSC 19 (23 May 2012)

Court of Appeal (Criminal Division)

Channer & Anor, Re [2012] EWCA Crim 1119 (23 May 2012)

Sule v R [2012] EWCA Crim 1130 (23 May 2012)

Court of Appeal (Civil Division)

Eastenders Cash & Carry Plc & Anor v HM Revenue & Customs [2012] EWCA Civ 689 (22 May 2012)

High Court (Chancery Division)

Bradbury v British Broadcasting Corporation [2012] EWHC 1369 (Ch) (23 May 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 1375 (TCC) (23 May 2012)

Source: www.bailii.org

Why no public appointment hearings for UK’s new European Court of Human Rights judge? – UK Human Rights Blog

Posted May 23rd, 2012 in courts, human rights, judges, news by sally

“The Guardian reported yesterday that ‘MPs aiming to claw back powers from Europe have secretly interviewed candidates to become Britain’s next judge at the European court of human rights’. Oliver Heald MP said that a group of MPs from the three main political parties met the 3 candidates, Raquel Agnello QC, Paul Mahoney and Ben Emmerson QC. The aim is ‘to improve democratic accountability’.”

Full story

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com

Wikileaks: UK Supreme Court to decide on Julian Assange – BBC News

Posted May 23rd, 2012 in extradition, news, sexual offences, Supreme Court by sally

“A decision on whether Wikileaks founder Julian Assange should be extradited to Sweden will be given next Wednesday, the UK Supreme Court has said.”

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BBC News, 23rd May 2012

Source: www.bbc.co.uk

Pair jailed for rape of Luton schoolgirl have their sentences doubled – BBC News

Posted May 23rd, 2012 in child abuse, news, rape, sentencing, sexual offences by sally

“Two men who raped an 11-year-old girl in Luton have had their ‘unduly lenient’ sentences more than doubled.”

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BBC News, 23rd May 2012

Source: www.bbc.co.uk

Improving Judicial Diversity – Speech by Lord Justice Goldring, Senior Presiding Judge

Posted May 23rd, 2012 in diversity, judiciary, speeches by sally

Improving Judicial Diversity (PDF)

Speech by Lord Justice Goldring, Senior Presiding Judge

Westminster Legal Policy Forum, 23rd May 2012

Source: www.judiciary.gov.uk

Mediation a success in civil justice system – Ministry of Justice

Posted May 23rd, 2012 in civil justice, costs, dispute resolution, news by sally

“Bill Wood, who is the acting Chair of the Civil Mediation Council, talks about the success of mediation in the civil justice system.”

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Ministry of Justice, 23rd May 2012

Source: www.justice.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 23rd, 2012 in legislation by sally

The Income Tax (Limits for Enterprise Management Incentives) Order 2012

The Income Tax (Entertainers and Sportsmen) (Amendment) Regulations 2012

The Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012

The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012

The Misuse of Drugs (Designation) (Amendment No.2) (England, Wales and Scotland) Order 2012

The Misuse of Drugs (Amendment No.3) (England, Wales and Scotland) Regulations 2012

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.3) Regulations 2012

Source: www.legislation.gov.uk

European Court of Human Rights retreats but doesn’t surrender on prisoner votes – UK Human Rights

Posted May 23rd, 2012 in elections, human rights, news, prisons, rule of law by sally

“The Grand Chamber of the European Court of Human Rights has ruled that states must allow for at least some prisoners to vote, but that states have a wide discretion as to deciding which prisoners. This amounts to a retreat on prisoner votes, but certainly no surrender. As I predicted, the court reaffirmed the principles set out in Hirst No. 2, that an automatic and indiscriminate bans breach the European Convention on Human Rights, but also reaffirmed that it was up to states to decide how to remove those indiscriminate bans.”

Full story

UK Human Rights Blog, 22nd May 2012

Source: www.ukhumanrightsblog.com

Addicts to lose benefits if they refuse treatment – Daily Telegraph

Posted May 23rd, 2012 in alcohol abuse, benefits, drug abuse, medical treatment, news by sally

“Alcoholics and drug addicts will lose their benefits if they refuse to accept treatment, under plans to be announced today.”

Full story

Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Prisoners must be given right to vote, European court rules – The Guardian

Posted May 23rd, 2012 in elections, human rights, news, prisons, rule of law by sally

“Prisoners in the UK must be given the right to vote, the European court of human rights (ECHR) has ruled, though ministers may determine which inmates should be enfranchised.”

Full story

The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Don’t rely on human rights in a dismissal claim – UK Human Rights Blog

Posted May 23rd, 2012 in appeals, doctors, hospitals, human rights, news, unfair dismissal by sally

“For a government much divided about rights of employees and the Beecroft Report that proposes curtailing them, some relief is provided by this Court of Appeal ruling, a further blow to those who have argued that Article 6 can be deployed against their employers.”

Full story

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com