BAILII: Recent Decisions

Posted July 17th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Modhej & Anor, R (On the Applications) v Secretary of State for Justice [2012] EWCA Civ 957 (17 July 2012)

Khaira & Ors v Shergill & Ors [2012] EWCA Civ 983 (17 July 2012)

AB, (A Child), Re [2012] EWCA Civ 978 (17 July 2012)

High Court (Chancery Division)

Red Bull GmbH v Sun Mark Ltd & Anor [2012] EWHC 1929 (Ch) (17 July 2012)

High Court (Administrative Court)

Roberts, R (on the application of) v The Commissioner of the Metropolitan Police [2012] EWHC 1977 (Admin) (17 July 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted July 17th, 2012 in legislation by sally

The Afghanistan (United Nations Measures) (Overseas Territories) Order 2012

The Al-Qaida (United Nations Measures) (Overseas Territories) Order 2012

The Air Navigation (Amendment) Order 2012

The Armed Forces Act (Continuation) Order 2012

The Gambling (Licence Fees) (Miscellaneous Amendments) Regulations 2012

The Nitrate Pollution Prevention (Amendment) Regulations 2012

The Customs Disclosure of Information and Miscellaneous Amendments Regulations 2012

The Education (School Government) (Terms of Reference) (England) (Amendment) Regulations 2012

The Pitcairn (Court of Appeal) Order 2012

The Royal Wolverhampton Hospitals National Health Service Trust (Establishment) Amendment Order 2012

Source: www.legislation.gov.uk

BBC Rogue Traders presenter Dan Penteado jailed for £24,000 benefit fraud – The Independent

Posted July 17th, 2012 in benefits, fraud, media, news, sentencing by sally

“Rogue Traders presenter Dan Penteado has been jailed for council tax and housing benefit fraud totaling £24,000.”

Full story

The Independent, 17th July 2012

Source: www.independent.co.uk

Disclosure of census data – high court judgment – Panopticon

Posted July 17th, 2012 in census, disclosure, news, privacy by sally

“The High Court has recently handed down a judgment in a really interesting case concerning the legality of disclosures of census data by the UK Statistics Board. Every decade since 1801, householders in England and Wales have been required to complete a national census form. Failure to complete the form amounts to a criminal offence. The most recent census was conducted by the newly established UK Statistics Board (‘the Board’) in 2011. The Board was established by the Statistics and Registration Act 2007 (‘SRA’). Under s. 39(1) SRA, the Board’s employees are subject to a general duty not to disclose personal data acquired pursuant to the census. However, s. 39(4) creates a number of specific exemptions in respect of that general duty. Not least, under s. 39(4)(f), the Board has a specific power to disclose census data amounting to personal data (including sensitive personal data) where the disclosure is made ‘for the purposes of a criminal investigation or criminal proceedings (whether or not in the United Kingdom)’.”

Full story

Panopticon, 17th July 2012

Source: www.panopticonblog.com

David Cameron criticised for attacks on Freedom of Information Act – The Guardian

“The information commissioner has accused David Cameron and other members of the political establishment of launching a damaging attack on the Freedom of Information Act which he says is encouraging civil servants to obscure the government from proper scrutiny.”

Full story

The Guardian, 16th July 2012

Source: www.guardian.co.uk

SEN and Academies: The Upper Tribunal has its say – Education Law Blog

Posted July 17th, 2012 in education, news, special educational needs, tribunals by sally

“Academies are independent, non-fee-paying schools funded by the Secretary of State. For special educational needs (SEN) purposes, although Academies are deemed to be mainstream schools (see the Education Act 1996, s.316(4)(b)(iii)), they are not subject to the duties in relation to SEN that maintained schools (as defined in s.312(5)) are. That gap is, however, (at least partially) plugged by the terms of the Funding Agreement between the Secretary of State and the Academy Trust. Indeed, in relation to Academies created since the Academies Act 2010, s.1(7) of the 2010 Act requires the Funding Agreement to impose ‘SEN obligations’ (i.e. the obligations under Chapter 1 of Part IV of the 1996 Act) on the Academy.”

Full story

Education Law Blog, 11th July 2012

Source: www.education11kbw.com

Jimmy Mubenga death: G4S guards will not face charges – The Guardian

“Three guards who worked for the security firm G4S have been told they will not face manslaughter charges over the death of Jimmy Mubenga, an Angolan refugee who collapsed while being escorted on a flight from Heathrow airport in London 21 months ago.”

Full story

The Guardian, 17th July 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 17th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Iles v R. [2012] EWCA Crim 1610 (17 July 2012)

High Court (Queen’s Bench Division)

Crow v Johnson [2012] EWHC 1982 (QB) (16 July 2012)

High Court (Family Division)

G v G [2012] EWHC 1979 (Fam) (11 May 2012)

Source: www.bailii.org

Children killed by mother may have lived if police had acted quicker, coroner rules – Daily Telegraph

Posted July 17th, 2012 in complaints, inquests, mental health, negligence, news, police by sally

“Two children who were stabbed to death by their schizophrenic mother could have been saved had police acted quicker, a coroner has ruled.”

Full story

Daily Telegraph, 17th July 2012

Source: www.telegraph.co.uk

CPS decision on death of Jimmy Mubenga – Crown Prosecution Service

“Jimmy Makenda Mubenga died on 12 October 2010 on a flight to Angola before it had left Heathrow airport. Mr Mubgenga died from cardiorespiratory collapse after being restrained by security guards. A specialist prosecutor within the Crown Prosecution Service (CPS) has reviewed the evidence gathered by the Metropolitan Police Service into Mr Mubenga’s tragic death.”

Full story

Crown Prosecution Service, 17th July 2012

Source: http://blog.cps.gov.uk

Sun, Sea, Sex and Service Charges! – Hardwicke Chambers

Posted July 17th, 2012 in landlord & tenant, news, service charges by sally

“When carrying out major works to residential premises, landlords take the risk that their expenditure will not be recoverable unless they comply with the plethora of statutory regulations which now police the recovery of service charges. Compliance with the consultation requirements should be simply a question of employing a good management agent who is familiar with the statutory framework. If all the hoops contained in the regulations are jumped through there should be no bar to recovery of the sums spent.”

Full story

Hardwicke Chambers, 16th July 2012

Source: www.hardwicke.co.uk

New s.182 Guidance – The Changes & How They Affect Day To Day Issues – No. 5 Chambers

Posted July 17th, 2012 in health, legislation, licensing, local government, news, police by sally

New s.182 Guidance – The Changes & How They Affect Day To Day Issues (Powerpoint presentation)

No. 5 Chambers, 12th July 2012

Source: www.no5.com

Environmental and Planning Newsletter – Thirty Nine Essex Street

Posted July 17th, 2012 in costs, EC law, environmental protection, news by sally

Environmental and Planning Newsletter (PDF)

Thirty Nine Essex Street, July 2012

Source: www.39essex.com

Now in force: the offence of “causing or allowing serious physical harm to a child or vulnerable adult” – Zenith Chambers

“As of the 2nd July 2012 the offence of ‘causing or allowing serious physical harm to a child or vulnerable adult’ came into force.”

Full story (PDF)

Zenith Chambers, 16th July 2012

Source: www.zenithchambers.co.uk

Community support officer jailed for issuing bogus fines to cyclists – The Independent

“An award-winning police community support officer was jailed for six months yesterday for issuing hundred of false fixed penalty notices.”

Full story

The Independent, 17th July 2012

Source: www.independent.co.uk

Regulate will-writing to avoid ‘race to the bottom’, Society urges – Law Society’s Gazette

Posted July 17th, 2012 in consultations, Law Society, news, wills by sally

“The Law Society today backed plans to extend the list of reserved activities to include will-writing and estate administration.”

Full story

Law Society’s Gazette, 16th July 2012

Source: www.lawgazette.co.uk

Man appeals against ban on replying to children – The Independent

Posted July 17th, 2012 in children, contact orders, custody, news, parental rights, telecommunications by sally

“A father-of-four has criticised an ‘absurd’ court order that bans him from returning his children’s text messages or phone calls.”

Full story

The Independent, 17th July 2012

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 17th, 2012 in legislation by sally

The Consular Fees (Amendment) Order 2012

The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012

The Immigration (Jersey) Order 2012

The Poole Harbour Revision Order 2012

The Jurors’ Allowances (Amendment) Regulations 2012

The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2012

The Criminal Procedure Rules 2012

The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012

The Academies (Land Transfer Schemes) Regulations 2012

The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2012

The Tax Avoidance Schemes (Information) Regulations 2012

Source: www.legislation.gov.uk

Children in custody at five-year low – Law Society’s Gazette

Posted July 17th, 2012 in children, detention, news, prisons, statistics, young offenders by sally

“The number of children in custody has hit a record low five years after the start of a programme designed to limit the use of prison, according to statistics released by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 16th July 2012

Source: www.lawgazette.co.uk

Discharging leasehold covenants – NearlyLegal

Posted July 17th, 2012 in covenants, leases, news by sally

“Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on it). These covenants can, clearly, become onerous or otherwise unnecessary with the passage of time. The Upper Tribunal (Lands Chamber) has a discretionary power (s.84, Law of Property Act 1925) to modify or discharge these covenants in certain circumstances. The most common ground is s.84(1)(aa), which applies if the removal of the covenant would support a reasonable use of the land and any inconvenience can be met by a payment of money.”

Full story

NearlyLegal, 17th July 2012

Source: www.nearlylegal.co.uk