August 2012 – Page 6 – Current Awareness

Welsh Education Law Update – 11 KBW

Posted August 21st, 2012 in consultations, education, news, teachers, Wales by sally

“There have been many interesting developments in Welsh education law over the
last 12 months or so, and two significant changes on the horizon. This paper covers
the following subjects:-
(1) Recent school re-organisation cases
(2) Special educational needs update
(3) Article 6 and discipline of school staff
(4) School Standards and Organisation (Wales) Bill
(5) Consultation on changes to the special educational needs regime.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Employment Law Update: Transfer of Undertakings (Protection of Employment) and Age Discrimination – 11 KBW

Posted August 21st, 2012 in age discrimination, employment, news, transfer of undertakings, unfair dismissal by sally

“For the benefit of anyone who has not worked in this area previously or recently, I shall summarise the basics. The relevant legal rules are found in the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) (‘TUPE’) which came into force on 6 April 2006. The most important change from the Transfer of Undertakings (Protection of Employment) Regulations 1981 (SI 1981/1794) has been the expansion of the definition of ‘a relevant transfer’ to encompass a service provision change as well as a transfer of an economic entity which retains its identity. This is a complex area of law, in which it is often hard to discern any broad principle which indicates the correct answer to the case on your desk: it is essential always to keep referring back to and re-reading the TUPE regulations themselves.”

Full story (PDF)

11 KBW, 17th August 2012

Source: www.11kbw.com

Treasury Committee suggests higher fines and criminal sanctions for LIBOR manipulation – OUT-LAW.com

Posted August 21st, 2012 in banking, financial regulation, fines, news, penalties, reports, select committees by sally

“Higher fines for firms that fail to co-operate with regulators and potential criminal sanctions for benchmark manipulation have been suggested by the Treasury Select Committee in a report responding to alleged manipulation of market rates by major banks.”

Full story

OUT-LAW.com, 21st August 2012

Source: www.out-law.com

BAILII: Recent Decisions

Posted August 21st, 2012 in law reports by sally

High Court (Family Division)

R v R [2012] EWHC 2390 (Fam) (13 August 2012)

High Court (Administrative Court)

Glowacki v Regional Court in Ostroleka Poland [2012] EWHC 2305 (Admin) (25 July 2012)

Jones v Government of United States [2012] EWHC 2332 (Admin) (25 July 2012)

Media Protection Services Ltd v Crawford & Anor [2012] EWHC 2373 (Admin) (16 August 2012)

Krolik & Ors v Several Judicial Authorities of Poland [2012] EWHC 2357 (Admin) (17 August 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted August 21st, 2012 in legislation by sally

The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012

The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Prescribed Criteria) Regulations 2012

The Safeguarding Vulnerable Groups (Miscellaneous Amendments) Order 2012

The Safeguarding Vulnerable Groups Act 2006 (Controlled Activity and Prescribed Criteria) Regulations 2012

The Export Control (Syria and Burma Sanctions Amendment) and Miscellaneous Revocations Order 2012

The Police Act 1997 (Criminal Records and Registration) (Isle of Man) (Amendment) Regulations 2012

The Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment) Regulations 2012

The Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment) Regulations 2012

The Green Deal (Qualifying Energy Improvements) Order 2012

The Green Deal (Energy Efficiency Improvements) Order 2012

Source: www.legislation.gov.uk

Case law argues London’s priced out tenants are ‘homeless’ – The Guardian

Posted August 21st, 2012 in homelessness, housing, London, news, rent, reports by sally

“Legal precedent demands that tenants unable to meet unaffordable housing costs are legally homeless. What does this mean in today’s London?”

Full story

The Guardian, 21st August 2012

Source: www.guardian.co.uk

Convicted rioter: ‘Going to prison has helped me a lot’ – The Independent

Posted August 21st, 2012 in news, prisons, rehabilitation, sentencing, sport, violent disorder by sally

“Jailed for his part in last summer’s riots, Michael feared for his future.But it was his time inside that inspired his work as a youth athletics coach, he tells Simon Usborne.”

Full story

The Independent, 21st August 2012

Source: www.independent.co.uk

The Data Protection Act in defamation cases: increasingly relevant, potentially primary? – Panopticon

Posted August 21st, 2012 in data protection, defamation, news, prosecutions by sally

“The Data Protection Act 1998 is increasingly being deployed as part of a claimant’s arsenal in defamation claims. The Information Commissioner has historically resisted policing DPA breaches in the context of allegedly defamatory expressions of opinion by one person about another.”

Full story

Panopticon, 20th August 2012

Source: www.panopticonblog.com

Man guilty of raping three children – The Independent

Posted August 21st, 2012 in children, drug abuse, news, rape, sexual offences by sally

“A man pleaded guilty today to raping three young children he had drugged and who were also forced to sexually abuse each other while he watched.”

Full story

The Independent, 20th August 2012

Source: www.independent.co.uk

“No precedent? Then set one!” – Nicklinson right to die case – UK Human Rights Blog

Posted August 21st, 2012 in assisted suicide, defences, euthanasia, human rights, murder, news, precedent by sally

“This is Richard Dawkin’s battle cry in response to the recent High Court rejection of the challenge by locked-in sufferers to the murder and manslaughter laws in this country that have condemned them to an unknowable future of suffering.”

Full story

UK Human Rights Blog, 20th August 2012

Source: www.ukhumanrightsblog.com

Steve McClaren loses bid to gag Sun story alleging extramarital affair – The Guardian

Posted August 21st, 2012 in injunctions, media, news, privacy, public interest by sally

“Former England manager Steve McClaren failed in a high court bid over the weekend to prevent the Sun publishing a front-page story about an alleged extramarital affair.”

Full story

The Guardian, 20th August 2012

Source: www.guardian.co.uk

Shop worker who tried to claim £1m EuroMillions jackpot is jailed – The Independent

Posted August 21st, 2012 in fraud, gambling, news, sentencing by sally

“A shop worker who tried to claim a winning £1m lottery ticket belonging to an elderly couple has been jailed for two and a half years.”

Full story

The Independent, 21st August 2012

Source: www.independent.co.uk

Academy loses legal challenge over special needs pupils – The Guardian

Posted August 21st, 2012 in education, news, special educational needs, tribunals by sally

“One of the government’s flagship academy schools has lost a legal challenge over its refusal to admit a number of children with special educational needs.”

Full story

The Guardian, 20th August 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 20th, 2012 in legislation by sally

The Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2012

The Licensing and Management of Houses in Multiple Occupation and Other Houses (Miscellaneous Provisions)(Amendment)(England) Regulations 2012

The Live Music Act 2012 (Commencement) Order 2012

Source: www.legislation.gov.uk

Charity fundraisers facing new rules – BBC News

Posted August 20th, 2012 in budgets, charities, fines, news by sally

“Charities now face fines of at least £1,000 if their street fundraisers breach rules designed to protect members of the public.”

Full story

BBC News, 20th August 2012

Source: www.bbc.co.uk

Dangerous dog offences guideline comes into effect – Sentencing Council

Posted August 20th, 2012 in community service, dogs, fines, news, sentencing by sally

“Following a three month period of training and implementation the definitive guideline on dangerous dog offences came into effect on 20 August 2012.”

Dangerous Dog Offences Definitive Guideline (PDF)

Sentencing Council, 20th August 2012

Source: www.sentencingcouncil.judiciary.gov.uk

Privacy watchdog “not ready” to deal with cookie complaints, according to FOI request – OUT-LAW.com

Posted August 20th, 2012 in complaints, consent, EC law, enforcement, fines, freedom of information, internet, news, ombudsmen, privacy by sally

“The Information Commissioner’s Office (ICO) has yet to begin investigating websites accused of breaking the new cookie laws, which came into force last year, because it does not yet have an investigative team in place.”

Full story

OUT-LAW.com, 20th August 2012

Source: www.out-law.com

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) – WLR Daily

Posted August 20th, 2012 in assisted suicide, EC law, euthanasia, human rights, law reports, murder, necessity by sally

Regina (Nicklinson) v Ministry of Justice (Attorney General and another intervening); Regina (AM) v Director of Public Prosecutions and others (Same intervening) [2012] EWHC 2381 (Admin); [2012] WLR (D) 248

“The court should not depart from the long established position that voluntary euthanasia was murder unless article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms required that it be recognised as a possible defence to a murder charge under the doctrine of necessity, which was not the case.”

WLR Daily, 16th August 2012

Source: www.iclr.co.uk

Commercial prejudice: the importance of precise and limited redactions – Panopticon

Posted August 20th, 2012 in appeals, contracts, freedom of information, news, public interest, tribunals by sally

“In the recent decision in UK Coal Mining v IC, Nottinghamshire County Council & Veolia [2012] UKUT 212 AAC, the Upper Tribunal has dismissed an appeal concerned with section 43(2) of FOIA (commercial prejudice): the First-Tier Tribunal (decision EA/2010/0142, on which see our post here) had been entitled to find that only very limited redactions could be made to provisions from a PFI contract for a waste incinerator. Upper Tribunal Judge Wikeley’s decision, while largely fact-specific, illustrates two significant points.”

Full story

Panopticon, 17th August 2012

Source: www.panopticonblog.com