29/10/2012 – Current Awareness

“Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Folien Fischer AG and another v Ritrama SpA (Case C-133/11) – WLR Daily

Posted October 29th, 2012 in competition, conflict of laws, EC law, jurisdiction, law reports by sally

Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292

“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Market impacts of the Legal Services Act 2007 – Legal Services Board

Posted October 29th, 2012 in legal services, Legal Services Board, markets, news, statistics by sally

Market impacts of the Legal Services Act 2007 – Baseline Report (Final) 2012 (PDF)

Legal Services Board, 25th October 2012

Source: www.legalservicesboard.org.uk

Parliament and the judiciary – Speech by the Attorney General Dominic Grieve QC MP

Posted October 29th, 2012 in human rights, judiciary, parliament, parliamentary privilege, speeches by sally

Parliament and the judiciary

Speech by the Attorney General Dominic Grieve QC MP

BPP Law School, 25th October 2012

Source: www.attorneygeneral.gov.uk

Winterbourne View abusers sentenced – Crown Prosecution Service

Posted October 29th, 2012 in abuse of position of trust, care homes, care workers, news, sentencing by sally

“11 people have been sentenced for ill-treating patients at the Winterbourne View care home near Bristol.”

Full story

Crown Prosecution Service, 26th October 2012

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

Gay sperm donor told to pay child maintenance for ‘his’ two children – The Guardian

Posted October 29th, 2012 in artificial insemination, child support, news, paternity by sally

“A gay man from Essex who donated his sperm to enable a lesbian couple to have two children, but who was never named on their birth certificate and had no role in their upbringing, is being forced by the Child Support Agency to pay for their support – 13 years after the first child was born.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”

Full story

OUT-LAW.com, 26th October 2012

Source: www.out-law.com

Ad watchdog to launch crackdown on misleading internet ads – Daily Telegraph

Posted October 29th, 2012 in advertising, complaints, consumer protection, internet, news, ombudsmen by sally

“The advertising watchdog will launch a crackdown next year on businesses that run misleading internet ads that rip off consumers.”

Full story

Daily Telegraph, 27th October 2012

Source: www.telegraph.co.uk

Last quango in Paris? Why the fate of the EHRC is important for all of us – UK Human Rights Blog

Posted October 29th, 2012 in bills, human rights, jurisdiction, news by sally

“In its foreign policy, the UK Government is a keen advocate of national human rights institutions (NHRI’s). The Brighton Declaration, drafted by the UK, encourages Council of Europe States to consider ‘the establishment, if they have not already done so, of an independent National Human Rights Institution’. In June 2012 the UK signed a UN General Assembly resolution ‘Reaffirming the important role that such national institutions play and will continue to play.’”

Full story

UK Human Rights Blog, 28th October 2012

Source: www.ukhumanrightsblog.com

Prisoners to launch legal action on voting rights – The Guardian

Posted October 29th, 2012 in compensation, elections, human rights, news, prisons by sally

“Prisoners denied the right to vote are to start legal proceedings for compensation immediately in wake of the declaration by David Cameron that he will not change the law despite a ruling by the European court of human rights and the views of his senior law officer Dominic Grieve.”

Full story

The Guardian, 28th October 2012

Source: www.guardian.co.uk

Right to Manage – the Court of Appeal speaks – NearlyLegal

Posted October 29th, 2012 in appeals, housing, landlord & tenant, leases, news, service charges by sally

“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”

Full story

NearlyLegal, 27th October 2012

Source: www.nearlylegal.co.uk

Government orders building standards review – The Guardian

Posted October 29th, 2012 in budgets, construction industry, health & safety, housing, local government, news, regulations by sally

“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

BCL No.2: The Supreme Court addresses time limits in follow-on claims – Competition Bulletin from Blackstone Chambers

Posted October 29th, 2012 in appeals, competition, damages, news, Supreme Court, time limits by sally

“The White Paper which first proposed follow-on damages claims promised a ‘swift’ and ‘streamlined’ procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh.”

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Competition Bulletin from Blackstone Chambers, 28th October 2012

Source: www.competitionbulletin.com

Use stronger snooping powers against fly tipping, watchdog urges – Daily Telegraph

Posted October 29th, 2012 in bills, electronic mail, interception, internet, local government, news, ombudsmen, telecommunications, waste by sally

“New powers to snoop on all emails, web visits and phone calls could still be used to combat minor crimes despite Government assurances, the watchdog who oversees them has said.”

Full story

Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

Ken Clarke hits back over secret courts – The Guardian

Posted October 29th, 2012 in bills, closed material, disclosure, intelligence services, judiciary, ministers' powers and duties, news by sally

“Clarke insists that under the justice and security bill nothing currently heard in open court would be moved to closed court.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk