Month: October 2012

End of life – where are we now? – Thirty Nine Essex Street

Posted October 30th, 2012 in assisted suicide, children, euthanasia, mental health, news by sally

“Since the multitude of reflections provoked by the case of W v M and others [2011] EWHC 2443 (CoP) at the end of last year, there have been yet more difficult end of life decisions for the Courts this year. The tension between concepts of autonomy and dignity on the one hand, and respect for the sanctity of life and the duty to take steps to preserve it on the other, remain real and not easily resolved.”

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Thirty Nine Essex Street, 24th October 2012

Source: www. 39essex.com

Fire, flood and tempest… – Hardwicke Chambers

Posted October 30th, 2012 in fire, landlord & tenant, news, repairs, repossession by sally

“Arthur Moore considers the liability of landlords in instances of fire damage.”

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Hardwicke Chambers, 11th October 2012

Source: www.hardwicke.co.uk

Children, Seatbelts and Parental Duties: strap up or pay up? – Zenith Chambers

Posted October 30th, 2012 in children, news, parental responsibility, road safety by sally

“It has long been accepted that a failure to wear a seatbelt will affect proportion of damages that a Claimant can receive for an accident, if that failure caused or contributed to his injury. This new case from April 2012 applies the same reasoning to the use of child seats and the apportionment of liability.”

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Zenith Chambers, 22nd October 2012

Source: www.zenithchambers.co.uk

Crown Court means testing of criminal legal aid – Ministry of Justice

Posted October 30th, 2012 in consultations, criminal justice, legal aid, news by sally

“The proposals set out in this consultation paper seek to improve the effectiveness of the Crown Court means testing scheme of criminal legal aid.”

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Ministry of Justice, 30th October 2012

Source: www.justice.gov.uk

Practising Certificate Fee (PCF) Consultation – The Bar Council

Posted October 30th, 2012 in barristers, consultations, fees, news by sally

“Update for the profession: the Bar Council has launched a consultation for the profession on the practising certificate fee (PCF).”

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The Bar Council, 30th October 2012

Source: www.barcouncil.org.uk

Bamford v Harvey and another – WLR Daily

Posted October 30th, 2012 in derivative claims, law reports, shareholders by sally

Bamford v Harvey and another [2012] EWHC 2858 (Ch); [2012] WLR (D) 298

“‘Wrongdoer control’ of a company was not an absolute preclusive condition for the bringing of a derivative claim. However. where proceedings clearly could have been brought in the name of the company and no objection was raised on that ground, they should be so brought.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

A v A – WLR Daily

Posted October 30th, 2012 in appeals, child abduction, children, law reports, residence orders by sally

A v A [2012] EWCA Civ 1396; [2012] WLR (D) 297

“Where children who had been born in England had been forcibly removed to another country and retained there by one parent against the wish of the other, that could not change the children’s place of habitual residence from England to the other country. However a child who had been born in a foreign country and had not set foot in England did not acquire on birth the habitual residence of his parents or custodial parent, even where at the time of his birth the mother was being forcibly detained in that country by the father.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Prest v Prest and others – WLR Daily

Posted October 30th, 2012 in appeals, company law, financial provision, law reports, matrimonial home by sally

Prest v Prest and others [2012] EWCA Civ 1395; [2012] WLR (D) 296

“The court had no jurisdiction in ancillary relief proceedings under section 24(1)(a) of the Matrimonial Causes Act 1973 to order a party (the husband) to transfer to the wife assets held by companies of which the husband was the controller or controlling shareholder, on the basis of that he was ‘entitled’ to them.”

WLR Daily, 26th October 2012

Source: www.iclr.co.uk

Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily

Posted October 30th, 2012 in EC law, elections, freedom of movement, law reports, time limits by sally

Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295

“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 30th, 2012 in legislation by sally

The Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 4) Order of Council 2012

The Health and Social Care Act 2012 (Consequential Amendments – the Professional Standards Authority for Health and Social Care) Order 2012

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012

The Play Sufficiency Assessment (Wales) Regulations 2012

The Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 4) Order of Council 2012

The General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012

The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012

The National Health Service (Primary Dental Services) (Amendments Related to Units of Dental Activity) (Wales) Regulations 2012

Source: www.legislation.gov.uk

Inquests – Garden Court Chambers Blog

Posted October 30th, 2012 in fire, inquests, news by sally

“Deirdre Malone on an inquest into the tragic deaths of family members killed in a house fire, and the lessons to be learned.”

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Garden Court Chambers Blog, 30th October 2012

Source: www.gclaw.wordpress.com

Legal aid cheats targeted by Ministry of Justice – BBC News

Posted October 30th, 2012 in assets recovery, fraud, legal aid, news by sally

“Criminals who collectively owe millions of pounds in legal aid could have their assets seized under government plans.”

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BBC News, 30th October 2012

Source: www.bbc.co.uk

Hillsborough shows why we need a permanent truth commission – The Guardian

Posted October 30th, 2012 in inquiries, news, victims by sally

“There’s an urgent need for independent oversight of incidents of malpractice – and the Hillsborough panel could provide a model.”

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The Guardian, 29th October 2012

Source: www.guardian.co.uk

Lawyers braced for post-recession surge in divorces – Daily Telegraph

Posted October 30th, 2012 in divorce, news by sally

“Lawyers are preparing for a possible surge in the divorce rate as the economy moves out of recession.”

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Daily Telegraph, 30th October 2012

Source: www.telegraph.co.uk

High Court calls for joined-up thinking on disclosure of sex offender information – UK Human Rights Blog

Posted October 30th, 2012 in appeals, criminal records, disclosure, news, sexual offences by sally

“The High Court has made an important ruling about the disclosure of information under the Child Sex Offender Disclosure Scheme (CSOD).”

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UK Human Rights Blog, 29th October 2012

Source: www.ukhumanrightsblog.com

Mental health sectioning error – BBC News

Posted October 30th, 2012 in detention, doctors, legislation, mental health, news, retrospectivity by sally

“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk

Prisoner votes: Strasbourg should give way to national independence – The Guardian

Posted October 30th, 2012 in constitutional law, courts, elections, human rights, news, parliament, prisons by sally

“The constitutional crisis predicted for years by Professor Vernon Bogdanor is upon us. He warned that the human rights reforms of the 1990s created a potential conflict between the sovereignty of parliament and the rule of law. ‘What happens if there is a clash between the two principles?’ he asked in his Magna Carta lecture of 2006. A very senior judge to whom he had posed the conundrum had replied ‘That is a question that ought not to be asked.'”

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The Guardian, 29th October 2012

Source: www.guardian.co.uk

Ryan Coleman-Farrow jailed for faking rape case records – BBC News

Posted October 30th, 2012 in case management, misfeasance in public office, news, police, rape, sentencing by sally

“A former Metropolitan Police detective constable who specialised in rape cases has been sentenced to 16 months in prison for faking police records.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk

More offenders to meet their victims under plan to expand restorative justice – Daily Telegraph

Posted October 30th, 2012 in bills, news, restorative justice, victims by sally

“More offenders will have to meet their victims and apologise before being sentenced under a rapid expansion of restorative justice unveiled on Tuesday.”

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Daily Telegraph, 30th October 2012

Source: www.telegraph.co.uk