Day: 26 June 2012

Jury returns open verdict on prisoner hanged in cell – The Guardian

Posted June 26th, 2012 in bullying, coroners, death in custody, inquests, judicial review, news by sally

“An inquest jury has returned an open verdict on the death of a prisoner found hanged alone in his locked cell. Their decision came after a high court judge made an unusual intervention by forbidding the coroner from inviting the jury to consider verdicts of murder or manslaughter. The panel also found prison officers had turned a blind eye to the bullying of the inmate by other prisoners.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk

Ofcom outlines new anti-piracy rules – The Guardian

Posted June 26th, 2012 in appeals, codes of practice, consultations, copyright, internet, news by sally

“Illegal downloaders will start receiving warning letters from internet service providers from 1 March 2014, under a draft code for the government’s anti-digital piracy regime drawn up by media regulator Ofcom.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk

E-Disclosure – Taking Your Head Out of the Sand – Cloisters

Posted June 26th, 2012 in disclosure, documents, electronic mail, news, telecommunications by sally

“E-disclosure is the disclosure of any electronic document. Documents stored electronically are often referred to as electronically stored information or ESI.”

Full story (PDF)

Cloisters, June 2012

Source: www.cloisters.com

Local Government Law Update – 11 KBW

Posted June 26th, 2012 in homelessness, local government, news by sally

Local Government Law Update (PDF)

11 KBW, 20th June 2012

Source: www.11kbw.com

Employees deciding together to establish a competing business: what are the legal principles – 11 KBW

Posted June 26th, 2012 in company directors, competition, employment, news by sally

“In many cases where a person wishes to leave an employment and establish a new business, that person may wish to tell colleagues about the plans and to encourage them to join him or her in the new venture. It may be that there is disaffection in the workplace and that there is a general, if unexpressed, desire to move on.”

Full story (PDF)

11 KBW, 22nd June 2012

Source: www.11kbw.com

Recent Statutory Instruments – legislation.gov.uk

Posted June 26th, 2012 in legislation by sally

The Crime and Security Act 2010 (Commencement No. 6) Order 2012

The National Health Service (Charges to Overseas Visitors) Amendment Regulations 2012

The British Nationality (General) (Amendment) Regulations 2012

The Social Security (Notification of Deaths) Regulations 2012

The Driving Instruction (Compensation Scheme) Regulations 2012

The Immigration (European Economic Area) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 26th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Cox v Ergo Versicherung AG [2012] EWCA Civ 854 (25 June 2012)

High Court (Queen’s Bench Division)

Vallen International Limited v Lewis & Anor [2012] EWHC B5 (QB) (25 June 2012)

AXN & Ors v Worboys & Ors [2012] EWHC 1730 (QB) (25 June 2012)

The Manchester Ship Canal Company Ltd & Anor, R (on the application of) v Environment Agency [2012] EWHC 1643 (QB) (20 June 2012)

High Court (Chancery Division)

SMP Trustees Ltd, Re [2012] EWHC 1728 (Ch) (25 June 2012)

High Court (Administrative Court)

Essa, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWHC 1533 (Admin) (01 June 2012)

Source: www.bailii.org

Reforming the duty of disclosure in business insurance, and bringing the law on warranties up to date – Law Commission

Posted June 26th, 2012 in consultations, disclosure, insurance, news, warranties by sally

“In a consultation opening today, the Law Commission and Scottish Law Commission are proposing a new law to make clear what businesses must tell insurers when they buy insurance.”

Full story

Law Commission, 26th June 2012

Source: www.lawcommission.justice.gov.uk

Talking About Reform – Speech by Mr Justice Ryder

Posted June 26th, 2012 in bills, civil justice, courts, evidence, family courts, judiciary, speeches by sally

Talking About Reform (PDF)

Speech by Mr Justice Ryder

Public Child Care Law Conference, 26th June 2012

Source: www.judiciary.gov.uk

Camden London Borough Council v Stafford – WLR Daily

Posted June 26th, 2012 in appeals, housing, law reports, local government, notification, repossession by sally

Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184

“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”

WLR Daily, 20th June 2012

Source: www.iclr.co.uk

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) – WLR Daily

Posted June 26th, 2012 in appeals, costs, law reports, part 36 offers by sally

F & C Alternative Investments (Holdings) Ltd and others v Barthelemy and another (No 3) [2012] EWCA Civ 843; [2012] WLR (D) 183

“Where an offer to settle proceedings had been made which was neither in substance nor in form compliant with Part 36, it was wrong in principle to take as directly analogous, and as applicable, the potential costs consequences had it been a Part 36 offer.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same – WLR Daily

Posted June 26th, 2012 in evidence, law reports, photography, police by sally

Regina (C) v Commissioner of Police of the Metropolis (Liberty and another intervening); Regina (J) Same [2012] EWHC 1681 (Admin); [2012] WLR (D) 182

“The statutory discretion for the police to retain custody photographs obtained from criminal suspects who were subsequently not proceeded against or acquitted did not extend to the retention of photographs taken from all suspects for a substantial and potentially indefinite period, in breach of their right to privacy.”

WLR Daily, 22nd June 2012

Source: www.iclr.co.uk

Lancashire County Council ‘failed to protect brothers’ – BBC News

Posted June 26th, 2012 in child abuse, children, local government, news, social services by sally

“Two teenage brothers who were abused while living in care are to sue Lancashire County Council after a judge ruled they had been mistreated.”

Full story

BBC News, 25th June 2012

Source: www.bbc.co.uk

Fast-track court system planned for London Olympics – The Guardian

Posted June 26th, 2012 in courts, London, news, sport by sally

“Measures have been drawn up to fast-track the trials of people accused of offences linked to the Olympics, based on the way offenders were processed after last summer’s riots.”

Full story

The Guardian, 26th June 2012

Source: www.guardian.co.uk