Theresa May takes first step to opting out of EU law and order measures – The Guardian

Posted October 15th, 2012 in criminal justice, EC law, jurisdiction, news, police, veto by tracey

“Britain will on Monday take steps towards opting out of a series of EU law and order measures in a move designed by the Tories to show that they are living up to their pre-election Eurosceptic pledges.”

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The Guardian, 14th October 2012

Source: www.guardian.co.uk

EU working time rules put patients at risk, warn doctors – Daily Telegraph

Posted October 15th, 2012 in doctors, EC law, medical treatment, news, working time by tracey

“Patient care is being put at risk by the European Working Time Directive, which ‘disrupts continuity of care and distorts clinical training’, say two Royal Colleges.”

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Daily Telegraph, 14th October 2012

Source: www.telegraph.co.uk

Former military chiefs generals could be banned from access in wake of ‘generals for hire’ allegations – Daily Telegraph

Posted October 15th, 2012 in armed forces, corruption, inquiries, lobbying, news by tracey

“Former generals and military chiefs could be banned from contacting ministers and defence officials in the wake of an alleged access for hire scandal.”

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Daily Telegraph, 15th October 2012

Source: www.telegraph.co.uk

New report heavily critical of secret justice plans ahead of controversial Bill – Amnesty International

Posted October 15th, 2012 in bills, closed material, disclosure, human rights, public interest, reports, trials by tracey

“The government’s plans for a substantial extension of the use of secret evidence in the justice system have been heavily criticised in a new Amnesty International report published today”

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Full report

Amnesty International, 15th October 2012

Source: www.amnesty.org.uk

 

 

Metropolitan police accused of ‘creating crime’ at honey-trap pawn shop – The Observer

Posted October 15th, 2012 in handling stolen goods, news, police by tracey

“More than 100 people were convicted after year-long sting – but charity says they may have been lured into committing offences.”

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The Observer, 14th October 2012

Source: http://observer.guardian.co.uk

Five marines charged with murder after Afghanistan ‘incident’ – BBC News

Posted October 15th, 2012 in Afghanistan, armed forces, courts martial, murder, news, prosecutions by tracey

“Five Royal Marines have been charged with murder over an incident in Afghanistan in 2011, the MoD has said.”

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BBC News, 14th October 2012

Source: www.bbc.co.uk

Possessing small amount of drugs ‘should not be crime’ – BBC News

Posted October 15th, 2012 in budgets, drug offences, news, sentencing by tracey

“The penalties for drug misuse should be relaxed so that possession of small amounts would no longer be a criminal offence, the government has been urged.”

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BBC News, 15th October 2012

Source: www.bbc.co.uk

Wearing Ugg boots while driving can cause accidents, judge warns – Daily Telegraph

Posted October 12th, 2012 in dangerous driving, fines, news by sally

“A judge has ruled a car head on smash caused when a woman’s Ugg boots became trapped under the brake pedal, was ‘entirely foreseeable.'”

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Daily Telegraph, 12th October 2012

Source: www.telegraph.co.uk

Beasley (by Cadell Beasley as litigation friend) v Alexander – WLR Daily

Beasley (by Cadell Beasley as litigation friend) v Alexander [2012] EWHC 2715 (QB); [2012] WLR (D) 272

“CPR r 36.13(2) did not permit the court to be told the position as to a Part 36 offer and consequently go on to deal with the question of costs at the conclusion of the first part of a split trial.”

WLR Daily, 9th October 2012

Source: www.iclr.co.uk

Day v Hosebay Ltd and another Lexgorge Ltd v Howard de Walden Estates Ltd – WLR Daily

Posted October 12th, 2012 in enfranchisement, housing, landlord & tenant, law reports, leases by sally

Day v Hosebay Ltd and another; Lexgorge Ltd v Howard de Walden Estates Ltd [2012] UKSC 41; [2012] WLR (D) 271

“A property built as, and which retained the appearance of, a house but which was being used solely for commercial purposes was not a ‘house … reasonably so called’ for the purposes of section 2(1) of the Leasehold Reform Act 1967 so as to give the lessees the right to acquire the freehold compulsorily.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

R v Varma – WLR Daily

R v Varma [2012] UKSC 42; [2012] WLR (D) 270

“The Crown Court had the power and, in most cases, where the criteria in section 6 of the Proceeds of Crime Act 2002 were satisfied, the duty to make a confiscation order against a defendant following conviction for an offence in respect of which the defendant had received an absolute or a conditional discharge.”

WLR Daily, 10th October 2012

Source: www.iclr.co.uk

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti – WLR Daily

Posted October 12th, 2012 in debts, EC law, freedom of movement, law reports by sally

Byankov v Glaven sekretar na Ministerstvo na vatreshnite raboti (Case C-249/11); [2012] WLR (D) 269

“European Union law precluded the application of a national provision which provided for the imposition of a restriction on the freedom of movement, within the European Union, of a national of a member state, solely on the ground that he owed a legal person governed by private law a debt which exceeded a statutory threshold and was unsecured.”

WLR Daily, 4th October 2012

Source: www.iclr.co.uk

Information stored in electronic recycle bins is held for purposes of FOI disclosure, says watchdog – OUT-LAW.com

“Public sector bodies will generally be required to disclose information even if it is stored in computer ‘recycle bins’, the Information Commissioner’s Office (ICO) has said.”

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OUT-LAW.com, 12th October 2012

Source: www.out-law.com

Out of his shadow: The long struggle of wives under English Law – Lord Wilson

Posted October 12th, 2012 in legal history, marriage, speeches, women by sally

Out of his shadow: The long struggle of wives under English Law (PDF)

The High Sheriff of Oxfordshire’s Annual Law Lecture, 9th October 2012

Source: www.supremecourt.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 12th, 2012 in legislation by sally

The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2012

The Police and Crime Commissioner Elections (Declaration of Acceptance of Office) Order 2012

The Licensing Act 2003 (Early Morning Alcohol Restriction Orders) Regulations 2012

The Late Night Levy (Expenses, Exemptions and Reductions) Regulations 2012

The Education (Educational Provision for Improving Behaviour) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 12th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Ward v Allies and Morrison Architects [2012] EWCA Civ 1287 (10 October 2012)

High Court (Queen’s Bench Division)

Jet2.com Ltd v S C Compania Nationala De Transporturi Aeriene Romane Tarom SA [2012] EWHC 2752 (QB) (11 October 2012)

A & Anor v Somerset County Council [2012] EWHC 2753 (QB) (11 October 2012)

High Court (Administrative Court)

Koumis v Secretary of State for Communities and Local Government [2012] EWHC 2686 (Admin) (05 October 2012)

Collins v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2760 (Admin) (19 September 2012)

Wilkinson, R (On the Application Of) v HM Coroner for the Greater Manchester South District (Rev 1) [2012] EWHC 2755 (Admin) (11 October 2012)

Source: www.bailii.org

Scientists to get extra protection from libel – The Independent

Posted October 12th, 2012 in bills, defamation, freedom of expression, news, public interest by sally

“Scientists and academics are to be given extra protection from bullying corporations that use Britain’s libel laws to suppress legitimate criticism and debate, the Government has indicated.”

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The Independent, 12th October 2012

Source: www.independent.co.uk

Government to consult on temporary stop notices to prevent unauthorised traveller sites – OUT-LAW.com

Posted October 12th, 2012 in consultations, fines, local government, news, planning, travellers by sally

“Communities secretary Eric Pickles has set out the details of plans announced by him earlier this week to remove restrictions on the use of temporary stop notices, giving councils greater freedom to prevent unauthorised traveller sites being set up.”

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OUT-LAW.com, 11th October 2012

Source: www.out-law.com

Vet who killed driver wins landmark case to get unlawful killing verdict overturned – Daily Telegraph

Posted October 12th, 2012 in inquests, news, road traffic, unlawful killing by sally

“A trainee vet whose car fatally struck a tow truck driver by the side of a motorway has triumphed in a ground-breaking legal fight to overturn an inquest verdict that he was ‘unlawfully killed’.”

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Daily Telegraph, 11th October 2012

Source: www.telegraph.co.uk

Professional fines may be tax deductable, tribunal finds – OUT-LAW.com

Posted October 12th, 2012 in corporation tax, fines, news, penalties by sally

“The McLaren racing team is entitled to claim a corporation tax reduction in respect of a £32 million fine levied by the motor racing governing body because the fine was not a criminal penalty imposed by statute, a tribunal has held.”

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OUT-LAW.com, 11th October 2012

Source: www.out-law.com