Month: August 2012

Equality, human rights and religion or belief: time to get out of the courtroom? – UK Human Rights Blog

Posted August 24th, 2012 in belief discrimination, equality, human rights, news, religious discrimination by sally

“The interaction between the law and religion or belief is rarely out of the headlines. Debate rages about whether Article 9, the human right to freedom of thought, conscience and religion, receives sufficient – or too much – protection in the courts. There has been a considerable amount of litigation, much of it contentious.”

Full story

UK Human Rights Blog, 24th August 2012

Source: www.ukhumanrightsblog.com

Link Financial Ltd v Jones – WLR Daily

Posted August 24th, 2012 in assignment, consumer credit, debts, law reports by sally

Link Financial Ltd v Jones [2012] EWHC 2402 (QB); [2012] WLR (D) 251

“A legal assignee of the debt due under a regulated consumer credit agreement which had given notice of the assignment to the debtor was a “creditor” within the meaning of section 189 of the Consumer Credit Act 1974 and entitled to bring proceedings to recover the debt.”

WLR Daily, 22nd August 2012

Source: www.iclr.co.uk

Media Protection Services Ltd v Crawford and another – WLR Daily

Posted August 24th, 2012 in company directors, copyright, informations, law reports, magistrates, solicitors by sally

Media Protection Services Ltd v Crawford and another [2012] EWHC 2373 (Admin); [2012] WLR (D) 250

“The laying of an information by a director of a private limited company, acting for reward on behalf of a client in the course of its business, constituted acting as a solicitor within the meaning and in breach of section 20 of the Solicitors Act 1974 and carrying on a reserved legal activity, namely the conduct of litigation, contrary to the Legal Services Act 2007, with the result that the proceedings were void.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

Dülger v Wetteraukreis – WLR Daily

Posted August 24th, 2012 in divorce, EC law, freedom of movement, law reports, married persons by sally

Dülger v Wetteraukreis (Case C-451/11); [2012] WLR (D) 249

“The first paragraph of article 7 of Decision No 1/80 of the EEC-Turkey Association Council meant that a member of the family of a Turkish worker, who was a national of a third country other than Turkey, could invoke, in the host member state, the rights arising from that provision, where all the other conditions laid down by the provision had been fulfilled.”

WLR Daily, 19th August 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted August 24th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2012] EWCA Civ 1158 (23 August 2012)

L (A Child), Re [2012] EWCA Civ 1157 (21 August 2012)

High Court (Chancery Division)

Scott v Scott [2012] EWHC 2397 (Ch) (23 August 2012)

Lavin & Ors v Swindell [2012] EWHC 2398 (Ch) (23 August 2012)

Source: www.bailii.org

180mph M6 gang leader getaway driver Ben Westwood jailed – The Independent

Posted August 24th, 2012 in burglary, conspiracy, dangerous driving, news, sentencing, theft by sally

“Five men responsible for a six-month crime spree which culminated in a high-speed police chase were jailed today as a judge branded their getaway driver’s 180mph attempt to evade capture as ‘atrocious’.”

Full story

The Independent, 23rd August 2012

Source: www.independent.co.uk

“More consistent” consumer complaints handling promised as part of Ofcom’s review of dispute resolution – OUT-LAW.com

Posted August 24th, 2012 in complaints, consumer protection, dispute resolution, news, telecommunications by sally

“Changes to the way official alternative dispute resolution (ADR) schemes work will lead to consistent outcomes for consumers making complaints about telephone, mobile or broadband services, Ofcom has announced.”

Full story

OUT-LAW.com, 23rd August 2012

Source: www.out-law.com

Muslim man’s right-to-life court case adjourned until October – BBC News

Posted August 24th, 2012 in euthanasia, Islam, law reports, medical treatment by sally

“A Muslim man’s right-to-live court battle has been adjourned until October after claims he is no longer in a persistent vegetative state.”

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BBC News, 23rd August 2012

Source: www.bbc.co.uk

Suitability. On expired beds and shared bathrooms – NearlyLegal

Posted August 24th, 2012 in homelessness, housing, judicial review, local government, news by sally

“Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold ‘Housing and Public Law’ blog about a settled Judicial Review that highlights this issue.”

Full story

NearlyLegal, 23rd August 2012

Source: www.nearlylegal.co.uk

How the Prince Harry affair saw red-tops deal with a new regime – The Independent

Posted August 24th, 2012 in freedom of expression, media, news, privacy, public interest, royal family by sally

“Where editors would once have cried ‘publish and be damned’, this time they bowed to warnings.”

Full story

The Independent, 24th August 2012

Source: www.independent.co.uk

Dale Farm prosecutions abandoned by council – The Guardian

Posted August 24th, 2012 in bailiffs, demonstrations, local government, news, prosecutions by sally

“A council will take no further action against protesters arrested during the clearance of Europe’s largest illegal travellers’ site. The protesters were among those arrested as they clashed with police and bailiffs as travellers were removed from Dale Farm, Essex, last October.”

Full story

The Guardian, 23rd August 2012

Source: www.guardian.co.uk

Asil Nadir jailed for ten years for ‘theft on a grand scale’ – Daily Telegraph

Posted August 23rd, 2012 in false accounting, fraud, news, sentencing, Serious Fraud Office, theft by sally

“Former fugitive Asil Nadir has been sentenced to 10 years in prison after being found guilty of stealing more than £28 million from his Polly Peck business empire.”

Full story

Daily Telegraph, 23rd August 2012

Source: www.telegraph.co.uk

Tougher rules for claims management companies – Ministry of Justice

Posted August 23rd, 2012 in claims management, consultations, consumer protection, contracts, news by sally

“The Claims Management Regulator (CMR) has launched a consultation which proposes, amongst other things, to end verbal contract arrangements between consumers and CMCs and enforcing a written contract before any fee can be taken.”

Full story

Ministry of Justice, 22nd August 2012

Source: www.justice.gov.uk

Bar Council Calls for ‘Snoopers’ Charter’ to Protect Legal Communications – The Bar Council

Posted August 23rd, 2012 in bills, electronic mail, interception, legal profession, news, privacy by sally

“The Bar Council, which represents barristers in England and Wales, has urged the Committee considering the draft Communications Data Bill to recommend protection for legal communications before any new interception powers are granted.”

Full story

The Bar Council, 22nd August 2012

Source: www.barcouncil.org.uk

Public consultation on ‘web snooping’ plans ends – BBC News

Posted August 23rd, 2012 in consultations, electronic mail, internet, investigatory powers, news by sally

“Members of the public have a final chance to have their say on plans to store all their web browsing and social media data for 12 months.”

Full story

BBC News, 23rd August 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 23rd, 2012 in law reports by sally

Supreme Court

SerVaas Incorporated v Rafidian Bank & Ors [2012] UKSC 40 (17 August 2012)

High Court (Queen’s Bench Division)

Davis & Anor v West Sussex County Council [2012] EWHC 2152 (QB) (22 August 2012)

Jones v Link Financial Ltd [2012] EWHC 2402 (QB) (22 August 2012)

High Court (Chancery Division)

Hughes v Weiss Re Iuvus Ltd [2012] EWHC 2363 (Ch) (15 August 2012)

High Court (Administrative Court)

Camelot UK Lotteries Ltd, R (on the application of) v The Gambling Commission & Ors [2012] EWHC 2391 (Admin) (22 August 2012)

Source: www.bailii.org

Prince Harry photos: Clarence House contacts Press Complaints Commission – The Guardian

Posted August 23rd, 2012 in complaints, media, news, photography, privacy by sally

“The royal family moved to block the British publication of grainy mobile phone pictures of Prince Harry naked in a Las Vegas hotel room after the images were widely circulated online.”

Full story

The Guardian, 23rd August 2012

Source: www.guardian.co.uk

Stephen Lawrence killers Gary Dobson and David Norris lose appeal bid – The Independent

Posted August 23rd, 2012 in appeals, murder, news by sally

“The two men jailed for the racist murder of black teenager Stephen Lawrence have lost the first round of their attempt to challenge their convictions at the Court of Appeal.”

Full story

The Independent, 23rd August 2012

Source: www.independent.co.uk

Is compulsory regulation of the print media compatible with Article 10 ECHR? – UK Human Rights Blog

Posted August 23rd, 2012 in freedom of expression, human rights, media, news by sally

“One of the possibilities being considered by Lord Justice Leveson as he writes the Report for Part 1 of his Inquiry is whether there should be compulsory regulation of the print media. One, widely discussed possibility is a statutory framework which would require any publisher with turnover or readership above a set threshold to join a ‘regulatory body’: compulsory regulation for large publishers.”

Full story

UK Human Rights Blog, 22nd August 2012

Source: www.ukhumanrightsblog.com

Academies should be subject to the law on pupils with special needs – The Guardian

Posted August 23rd, 2012 in education, news, special educational needs by sally

“Tribunal rulings against academies excluding special educational needs pupils must be backed up by changes to the law.”

Full story

The Guardian, 22nd August 2012

Source: www.guardian.co.uk