23/07/2012 – Current Awareness

“Kier Starmer, the Director of Public Prosecutions, has said that a review into child sexual exploitation would focus on the failure to listen to victims rather than the ethnicity of the perpetrators.”

Full story

Daily Telegraph, 23rd July 2012

Source: www.telegraph.co.uk

Report into cases of Violence Against Women and Girls – Crown Prosecution Service

Posted July 23rd, 2012 in Crown Prosecution Service, domestic violence, police, prosecutions, rape, reports, statistics by tracey

“The CPS has tried to find ways of assessing the impact it has on improving the safety of the victims in cases of violence against women and girls.”

Full report

Crown Prosecution Service, 23rd July 2012

Source: www.cps.gov.uk

Yolande Waddington: David Burgess sentenced for 1966 murder – BBC News

Posted July 23rd, 2012 in DNA, evidence, murder, news, sentencing by tracey

“A convicted child killer has been sentenced to a minimum of 27 years in jail for the murder of a girl in Berkshire 46 years ago.”

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BBC News, 23rd July 2012

Source: www.bbc.co.uk

Pie Optiek SPRL v Bureau Gevers SA and others – WLR Daily

Posted July 23rd, 2012 in domain names, EC law, law reports, trade marks by tracey

Pie Optiek SPRL v Bureau Gevers SA and others: Case C-376/11; [2012] WLR (D) 219

“The third sub-paragraph of article 12(2) of Commission Regulation (EC) No 874/2004 of 28 April 2004 laying down public policy rules concerning the implementation and functions of the .eu Top Level Domain and the principles governing registration meant that, in a situation where the prior right concerned was a trade mark right, the words ‘licensees of prior rights’ did not refer to a person who had been authorised by the proprietor of the trade mark concerned solely to register, in his own name but on behalf of that proprietor, a domain name identical or similar to that trade mark, but without that person being authorised to use the trade mark commercially in a manner consistent with its functions.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Mahamdia v People’s Democratic Republic of Algeria – WLR Daily

Posted July 23rd, 2012 in complaints, contract of employment, EC law, jurisdiction, law reports, unfair dismissal by tracey

Mahamdia v People’s Democratic Republic of Algeria: (Case C-154/11); [2012] WLR (D) 218

“An embassy situated in a member state of the European Union was an ‘establishment’ within the meaning of article 18(2) of Council Regulation (EC) No 44/2001, in the context of a dispute concerning a contract of employment concluded by the embassy on behalf of the sending state, where the functions carried out by the employee did not fall within the exercise of public powers. Article 21(2) of the Regulation meant that an agreement on jurisdiction, concluded before a dispute arose, fell within that provision in so far as it gave the employee the possibility of bringing proceedings not only before the courts ordinarily having jurisdiction under the special rules in articles 18 and 19 of the Regulation, but also before other courts, which could include courts outside the European Union.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV – WLR Daily

Posted July 23rd, 2012 in airlines, consumer protection, EC law, insurance, law reports by tracey

ebookers.com Deutschland GmbH v Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV: (Case C-112/11); [2012] WLR (D) 217

“The concept of ‘optional price supplements’, referred to in the last sentence of article 23(1) of Parliament and Council Regulation (EC) No 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, covered costs connected with the air travel, arising from services, such as flight cancellation insurance, supplied by a party other than the air carrier and charged to the customer by the person selling that travel, together with the air fare, as part of a total price.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another – WLR Daily

Posted July 23rd, 2012 in appeals, costs, insurance, law reports, taxation, trials by tracey

Hawksford Trustees Jersey Ltd (as trustee of the Bald Eagle Trust) v Stella Global UK Ltd and another: [2012] EWCA Civ 987; [2012] WLR (D) 216

“References to ‘proceedings’ in section 29 of the Access to Justice Act 1999 should be interpreted so as to reflect the legislative purpose, namely to improve access to the courts for members of the public with meritorious claims. Where a claimant took out ATE insurance after having succeeded at trial he would be entitled if successful in the appeal to recover in costs that part of the ATE premium relating to the costs of the appeal, but it would be unfair to allow him to recover in costs that part of the premium which related to the costs of the trial.”

WLR Daily, 19th July 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 23rd, 2012 in legislation by tracey

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2012

The Finance Act 2012 (Venture Capital Trusts) (Appointed Day) Order 2012

The Remote Gambling (Double Taxation Relief) Regulations 2012

The Value Added Tax (Amendment) (No. 2) Regulations 2012

The Business Investment Relief Regulations 2012

The Gaming Duty (Amendment) Regulations 2012

The Income Tax (Pay As You Earn) (Amendment No. 2) Regulations 2012

The Waste (England and Wales) (Amendment) Regulations 2012

The Sexual Offences Act 2003 (Remedial) Order 2012

The Enterprise Act 2002 (Merger Fees) (Amendment and Revocation) Order 2012

The Sexual Offences Act 2003 (Notification Requirements) (England and Wales) Regulations 2012

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Chemical Agents) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

Levi Bellfield newspaper articles were in contempt of court – UK Human Rights Blog

Posted July 23rd, 2012 in contempt of court, juries, kidnapping, media, murder, news, trials by tracey

“HM Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC 2029 (Admin) (18 July 2012). The Divisional Court ruled that reports of Levi Bellfield in the Daily Mail and Daily Mirror, published while a jury was considering his charge of attempted kidnapping, were in contempt of court.”

Full story

UK Human Rights Blog, 20th July 2012

Source: www.ukhumanrightsblog.com

Religious no-go area for the courts with their “costly crudities” – UK Human Rights Blog

Posted July 23rd, 2012 in courts, dispute resolution, judiciary, news, trusts by tracey

“Khaira v. Shergill [2012] EWCA Civ 893 – We have become used to the courts getting involved, more or less willingly, in religious issues, not least where religious freedoms conflict with legal rules which are said to be inconsistent with the exercise of those freedoms. But as Adam Wagner pointed out, in an earlier round of this litigation concerning two Sikh places of worship (Gurdwaras), the courts have developed rules stopping themselves from deciding certain cases, not least because the courts recognise they don’t know what they are doing once they get themselves immersed in issues of religious doctrine.”

Full story

UK Human Rights Blog, 22nd July 2012

Source: www.ukhumanrightsblog.com

Employer liable for “gay and proud” Facebook status hijack of ex-employee by colleagues – OUT-LAW.com

Posted July 23rd, 2012 in employment tribunals, harassment, internet, news, professional conduct, sexual orientation discrimination, unfair dismissal, vicarious liability by tracey

“A company can be liable for unwanted comments made on the Facebook account of an employee by colleagues, providing that the actions ‘fall within the course of employment’, an employment tribunal has found.”

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OUT-LAW.com, 20th July 2012

Source: www.out-law.com

Company entitled to use rent free period in the first five years for valuation purposes, tribunal finds – OUT-LAW.com

Posted July 23rd, 2012 in landlord & tenant, news, rates, rent, tribunals, valuation by tracey

“A Valuation Tribunal has rejected an approach by assessors that would have increased the business rates paid by a City firm by 20% over the first five years of a lease.”

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OUT-LAW.com, 20th July 2012

Source: www.out-law.com

Expertly done? A look at the use of experts in family proceedings and changes proposed by Mr Justice Ryder prior to the announcement of his final proposals – Family Law Week

Posted July 23rd, 2012 in children, expert witnesses, family courts, news, social services by tracey

“Leanne Buckley –Thomson, pupil barrister at 1 Crown Office Row Brighton, considers the current problems in relation to the use of expert evidence particularly in care proceedings and the proposals for change thus far highlighted by Mr Justice Ryder in response. She comments briefly on these suggestions, whilst acknowledging that the proposals have not yet been released in full, and refers to the work done locally in anticipation of what is to come.”

Full story

Family Law Week, 20th July 2012

Source: www.familylawweek.co.uk

Trial suspended as bogus interpreter stands in for wife – Daily Telegraph

Posted July 23rd, 2012 in evidence, interpreters, murder, news, sentencing, trials by tracey

“A court descended into farce when a man translating vital evidence revealed he was only there because his wife – the real interpreter – was too busy.”

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Daily Telegraph, 20th July 2012

Source: www.telegraph.co.uk

Probation officer ‘had affair with convicted murderer’ – Daily Telegraph

Posted July 23rd, 2012 in abuse of position of trust, community service, costs, misfeasance in public office, news, probation, suspended sentences by tracey

“Female probation officer has affair with convicted murderer after his release from prison and tips him off that he was going to be recalled for a further offence, a court hears.”

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Daily Telegraph, 20th July 2012

Source: www.telegraph.co.uk

Jonathan Gouldsmith taxi death: Llanelli driver jailed – BBC News

Posted July 23rd, 2012 in dangerous driving, homicide, news, sentencing by tracey

“A taxi driver has been jailed for three years for killing a young soldier on home leave from Afghanistan in a crash.”

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BBC News, 20th July 2012

Source: www.bbc.co.uk

Fijian-born soldier Isimeli Baleiwai fights to stay in UK – BBC News

Posted July 23rd, 2012 in armed forces, citizenship, criminal records, deportation, news by tracey

“A Fijian man who served in the British Army for 13 years is fighting to stay in the UK after being told he must leave the country by 9 August.”

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BBC News, 22nd July 2012

Source: www.bbc.co.uk

Women sue the Met over handling of sexual assault cases – The Guardian

Posted July 23rd, 2012 in human rights, inquiries, news, police, rape, sexual offences, time limits, victims by tracey

“Women who say they were let down by the Metropolitan police when they reported rape and sexual assault, including two who were attacked by the taxi driver John Worboys, are suing the force. The women are attempting to establish that police who fail to investigate such crimes properly are violating victims’ human rights.”

Full story

The Guardian, 20th July 2012

Source: www.guardian.co.uk

Tomlinson case: Met police tried to hide PC Harwood’s disciplinary record – The Guardian

Posted July 23rd, 2012 in assault, complaints, disciplinary procedures, disclosure, news, police, privacy by tracey

“The Metropolitan police attempted to keep the disciplinary record of PC Simon Harwood secret from the family of Ian Tomlinson, the newspaper seller he struck with a baton and pushed to the ground at G20 protests, it can now be reported.”

Full story

The Guardian, 20th July 2012

Source: www.guardian.co.uk