June 2012 – Page 17 – Current Awareness

Regina (KM) v Cambridgeshire County Council – WLR Daily

Posted June 7th, 2012 in disabled persons, law reports, local government, social services, Supreme Court by sally

Regina (KM) v Cambridgeshire County Council [2012] UKSC 23; [2012] WLR (D) 171

“When a local authority was performing its duty under section 2 of the Chronically Sick and Disabled Persons Act 1970 and assessing the amount to be awarded to a disabled person, it was not irrational for the authority to use its resource allocation system and its upper banding calculator to arrive at a figure which would enable the disabled person to purchase the necessary services required to meet his eligible needs.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 7th, 2012 in appeals, land registration, law reports, sale of land by sally

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170

“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Posted June 7th, 2012 in appeals, confidentiality, employment, injunctions, law reports, patent attorneys by sally

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”

WLR Daily, 31st May 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 7th, 2012 in legislation by sally

The Domestic Violence, Crime and Victims (Amendment) Act 2012 (Commencement) Order 2012

The Welfare Reform Act 2012 (Commencement No. 2) (Amendment) Order 2012

The Road Vehicles (Construction and Use) (Amendment) Regulations 2012

The Automatic Enrolment (Offshore Employment) Order 2012

The Misuse of Drugs Act 1971 (Amendment) Order 2012

Source: www.legislation.gov.uk

Man jailed after bragging “I think I got away with it” on Facebook – Daily Telegraph

Posted June 7th, 2012 in assault, news, sentencing by sally

“A man was convicted of an assault after he bragged to friends on Facebook during his trial that he thought he had got away with it.”

Full story

Daily Telegraph, 6th June 2012

Source: www.telegraph.co.uk

Teacher wins pregnancy sacking case – The Independent

Posted June 7th, 2012 in employment tribunals, news, teachers, unfair dismissal by sally

“An art teacher at an independent girls’ school who was sacked after becoming pregnant has won her case of unfair dismissal.”

Full story

The Independent, 6th June 2012

Source: www.independent.co.uk

Watchdog calls for Ombudsman to be opened up to third parties – Law Society’s Gazette

Posted June 7th, 2012 in complaints, legal ombudsman, news, third parties by sally

“Third parties should be able to complain about lawyers to the Legal Ombudsman, the Legal Services Consumer Panel has suggested.”

Full story

Law Society’s Gazette, 7th June 2012

Source: www.lawgazette.co.uk

UK passes ‘human rights exam’, but with room to improve – UK Human Rights Blog

Posted June 7th, 2012 in human rights, news, reports, United Nations by sally

“Last week the UN Human Rights Commissioner published the draft report of the second Universal Periodic Review (UPR) of the UK’s human rights record (draft report here, webcast of the UPR session here). The UPR involves delegations from UN member states asking questions and make recommendations to the UK government on the protection of human rights, which the government will consider before providing its response. The report is extremely wide-ranging, perhaps to its detriment, though many valuable and interesting insights are provided.”

Full story

UK Human Rights Blog, 6th June 2012

Source: www.ukhumanrightsblog.com

Parents who force their children into marriage face jail – The Independent

Posted June 7th, 2012 in crime, forced marriages, news, parental responsibility by sally

“Parents who coerce their children to marry will face jail under moves to be set out tomorrow by David Cameron.”

Full story

The Independent, 7th June 2012

Source: www.independent.co.uk

Two jailed for Freshshop credit card fraud – BBC News

Posted June 7th, 2012 in computer crime, fraud, money laundering, news, sentencing by sally

“Two cyber criminals have been jailed for setting up a website that enabled credit card fraud totalling more than £26.9m.”

Full story

BBC News, 6th June 2012

Source: www.bbc.co.uk

Woman jailed for killing pensioner – The Independent

Posted June 7th, 2012 in burglary, murder, news, sentencing by sally

“A woman who bludgeoned a pensioner to death was today jailed for life.”

Full story

The Independent, 6th June 2012

Source: www.independent.co.uk

The case for code – The Guardian

Posted June 7th, 2012 in constitutional reform, judiciary, legal history, news by sally

“The common law leads to complexity. Is that always a good thing?”

Full story

The Guardian, 6th June 2012

Source: www.guardian.co.uk

Major organisations mostly non-compliant with new laws on cookies, new research claims – OUT-LAW.com

Posted June 7th, 2012 in consent, EC law, internet, news, privacy by sally

“Fewer than one in five major UK organisations have introduced mechanisms on their websites for obtaining users’ consent to ‘cookies’ which are compliant with the law, an accountancy firm has claimed.”

Full story

OUT-LAW.com, 6th June 2012

Source: www.out-law.com

Removing restrictions on national pensions scheme to boost take-up would be unlawful, Government says – OUT-LAW.com

Posted June 6th, 2012 in employment, news, pensions by sally

“The Government will ‘reflect further’ on calls to remove restrictions on a new national pension scheme. However, it would be unlawful for it to do so simply to increase participation, it has warned.”

Full story

OUT-LAW.com, 6th June 2012

Source: www.out-law.com

Thank god inquests are still open, but can we have some consistency please? – The Guardian

Posted June 6th, 2012 in coroners, criminal justice, inquests, judiciary, news, public interest by sally

“Thanks either to coalition politics or press pressure, proposals for ‘secret’ inquests were last week ceremoniously ditched from the justice and security bill.”

Full story

The Guardian, 6th June 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted June 6th, 2012 in parliamentary papers by sally

Prisons and Probation Ombudsman for England and Wales annual report 2010-2011, Cm 8105 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 6th, 2012 in legislation by sally

The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012

The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No. 2) Order 2012

The Health Act 2009 (Commencement No. 3) (Wales) Order 2012

The Tobacco Advertising and Promotion (Specialist Tobacconists) (Wales) Regulations 2012

The Recognised Persons (Monetary Penalties) (Determination of Turnover) (Wales) Order 2012

The Education (Recognised Bodies) (Wales) Order 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted June 6th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Penfold v R [2012] EWCA Crim 1222 (01 June 2012)

Gilbert v R [2012] EWCA Crim 1221 (01 June 2012)

Saunders v R [2012] EWCA Crim 1185 (01 June 2012)

Sandhu v R [2012] EWCA Crim 1187 (01 June 2012)

Clark & Anor v R [2012] EWCA Crim 1220 (01 June 2012)

Court of Appeal (Civil Division)

B (A Child), Re [2012] EWCA Civ 737 (31 May 2012)

High Court (Queen’s Bench Division)

Bento v The Chief Constable of Bedfordshire Police [2012] EWHC 1525 (QB) (01 June 2012)

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

CEF Holdings Ltd & Anor v City Electrical Factors Ltd & Ors [2012] EWHC 1524 (QB) (01 June 2012)

High Court (Chancery Division)

Weavering Capital (UK) Ltd & Anor v Peterson & Ors [2012] EWHC 1480 (Ch) (30 May 2012)

High Court (Family Division)

Dukali v Lamrani [2012] EWHC 1748 (Fam) (15 March 2012)

High Court (Administrative Court)

Shanks & Ors (t/a Blue Line Taxis), R (on the application of) v The Council of the County of Northumberland [2012] EWHC 1539 (Admin) (01 June 2012)

Balakoohi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1439 (Admin) (01 June 2012)

The Law Society v Waddingham & Ors [2012] EWHC 1519 (Admin) (01 June 2012)

Siwak, R (on the application of) v London Borough of Newham [2012] EWHC 1520 (Admin) (01 June 2012)

High Court (Commercial Court)

Latvian Shipping Compay v The Russian People’s Insurance Company (Rosno) Open Ended Joint Stock Company [2012] EWHC 1412 (Comm) (01 June 2012)

High Court (Technology and Construction Court)

WW Gear Construction Ltd v McGee Group Ltd [2012] EWHC 1509 (TCC) (01 June 2012)

Source: www.bailii.org

Sticking to our principles – The Bar Council

Posted June 6th, 2012 in fees, legal profession, Legal Services Board, news, quality assurance by sally

“Examining the LSB’s commitment to standards and to quality; the LSB decision to continue to permit referral fees; and a meeting with the new Chief Executive of the Legal Services Commission.”

Full story (PDF)

The Bar Council, June 2012

Source: www.barcouncil.org.uk