Making prisoners use bucket as toilet is not degrading, rules judge – Daily Telegraph

Posted October 4th, 2012 in appeals, human rights, news, prisons by sally

“One of Britain’s most senior judges has criticised the impact of human rights laws as he threw out a rapist’s attempt to claim compensation over the state of his lavatory.”

Full story

Daily Telegraph, 3rd October 2012

Source: www.telegraph.co.uk

Are contract clauses stating religion of arbitrator discriminatory? – The Guardian

“A complaint to the European Commission that the supreme court’s decision in Jivraj v Hashwani breaches European laws against discrimination may have major implications for equality and religious freedom.”

Full story

The Guardian, 3rd October 2012

Source: www.guardian.co.uk

Signing on Payments, Termination Without Cause and Repayment Conditions: a rare victory for the Collateral Warranty – Employment Law Blog

Posted October 3rd, 2012 in contracts, financial advice, news, warranties by sally

“In its recent judgment in Thinc Group-v-Armstrong [2012] EWCA Civ 1227, the CA has upheld a rare victory for that endangered species beloved of Lord Denning – the Collateral Warranty.”

Full story

Employment Law Blog, 3rd October 2012

Source: www.employment11kbw.com

Jimmy Savile abuse allegations: next legal steps – The Guardian

“Police should investigate whether anyone else should be charged in relation to rape and sexual abuse allegations.”

Full story

The Guardian, 3rd October 2012

Source: www.guardian.co.uk

Reform of planning laws tampers dangerously with the procedural safeguards – Halsbury’s Law Exchange

Posted October 3rd, 2012 in construction industry, housing, news, planning by sally

“A recently announced government reform of the planning laws would extend permitted development rights to house extensions of double the pre-existing limits, to 6m (19 feet) beyond the back wall of a semi-detached house, or 8m (26 feet) in the case of a detached house. The relaxation of the rules, for a fixed three year period, is designed to stimulate construction activity and economic growth. These proposals, however, which will remove the requirement for planning permission, rest on a fundamental misconception as to the role of the planning system. Planning is supposed to deliver a balanced decision based on weighing up all relevant considerations. As any local parish or district councillor knows, extension proposals are often the most contentious proposals because of neighbours’ concerns over loss of privacy, amenity and reduction of property values. Poisonous neighbourhood disputes will undoubtedly increase across the land because concerned neighbours and councillors will no longer have a say on these important local matters.”

Full story

Halsbury’s Law Exchange, 3rd October 2012

Source: www.halsburyslawexchange.co.uk

College of Law launches combined LPC and LLM course – Legal Week

Posted October 3rd, 2012 in international law, legal education, news, solicitors by sally

“The College of Law is to offer a new combined Legal Practice Course (LPC) and Master of Laws (LLM) course from 2013, replacing its existing LPC qualification with an LLM LPC.”

Full story

Legal Week, 3rd October 2012

Source: www.legalweek.com

Greater freedoms for people tying the knot – Home Office

Posted October 3rd, 2012 in civil partnerships, marriage, news by sally

“From today couples tying the knot will be given greater freedom of choice as outdated time restrictions on ceremonies are removed.”

Full story

Home Office, 1st October 2012

Source: www.homeoffice.gov.uk

BAILII: Recent Decisions

Posted October 3rd, 2012 in news by sally

Court of Appeal (Civil Division)

Thinc Group Ltd v Armstrong & Anor [2012] EWCA Civ 1227 (02 October 2012)

High Court (Administrative Court)

Trail Riders’ Fellowship & Anor, R (on the application of) v Dorset County Council [2012] EWHC 2634 (Admin) (02 October 2012)

Blackbay Ventures Ltd v Secretary of State for Health & Anor [2012] EWHC 2635 (Admin) (02 October 2012)

Source: www.bailii.org

New Act overturns decriminalised convictions – Home Office

Posted October 3rd, 2012 in consent, criminal records, news, sexual offences by sally

“From today (1 October) anyone with a historic conviction for certain decriminalised consensual sex offences can apply to have these records deleted.”

Full story

Home Office, 1st October 2012

Source: www.homeoffice.gov.uk

Magistrates’ Court Sentencing Guidelines updated – Sentencing Council

Posted October 3rd, 2012 in magistrates, news, sentencing by sally

“The Magistrates’ Court Sentencing Guidelines which includes Update 9 (the update on the Victim Surcharge) are now available to download.”

Magistrates’ Court Sentencing Guidelines (PDF)

Sentencing Council, 1st October 2012

Source: www.sentencingcouncil.judiciary.gov.uk

Calling media lawyers: the bench needs you – The Guardian

Posted October 3rd, 2012 in freedom of expression, judiciary, media, news, privacy, speeches by sally

“Senior high court judge Michael Tugendhat says media lawyers have a duty to seek judicial appointments.”

Full story

The Guardian, 2nd October 2012

Source: www.guardian.co.uk

Greater rights for motorists – Home Office

Posted October 3rd, 2012 in news, road traffic, wheel clamping by sally

“From today (1 October), motorists will be given greater rights as new laws banning wheel clamping and towing take effect.”

Full story

Home Office, 1st October 2012

Source: www.homeoffice.gov.uk

Can you legislate for responsible capitalism? Yes, here’s how – The Guardian

Posted October 3rd, 2012 in banking, company law, financial regulation, legislation, news, shareholders by sally

“The Companies Act 2006 was a step, but we urgently need a commission on responsible capitalism.”

Full story

The Guardian, 2nd October 2012

Source: www.guardian.co.uk

National Union of Mineworkers launches court bid to challenge Arthur Scargill – The Independent

Posted October 3rd, 2012 in contract of employment, expenses, housing, miners, news, retirement, trade unions by sally

“The National Union of Mineworkers today asked the High Court to decide whether it is obliged to meet the cost of former leader Arthur Scargill staying in his London flat.”

Full story

The Independent, 2nd October 2012

Source: www.independent.co.uk

Cadbury hits a purple patch with legal victory to secure trademark – The Guardian

Posted October 3rd, 2012 in food, news, trade marks by sally

“Christian Louboutin has secured the trademark for the distinctive red used on the soles of shoes he designs, and the retailer Harrods has a trademark over the shade of green synonymous with its brand. Now confectionery giant Cadbury has won a lengthy court battle giving it the right to the trademark for the distinctive colour of purple it uses for the packaging of its milk chocolate.”

Full story

The Guardian, 2nd October 2012

Source: www.guardian.co.uk

‘Wet with excitement’ Harvey Nichols advert cleared – Daily Telegraph

Posted October 3rd, 2012 in advertising, complaints, news by sally

“An advert for a Harvey Nichols sale has escaped censure despite attracting 105 complaints that it pictured people who had apparently wet themselves with excitement.”

Full story

Daily Telegraph, 3rd October 2012

Source: www.telegraph.co.uk

Big Fat Gypsy Weddings poster ‘endorsed negative stereotypes’ – The Guardian

Posted October 3rd, 2012 in advertising, children, complaints, news, travellers by sally

“The advertising watchdog has criticised Channel 4’s controversial Big Fat Gypsy Weddings poster campaign, ruling that it depicted a child in a sexualised way and reinforced negative stereotypes.”

Full story

The Guardian, 3rd October 2012

Source: www.guardian.co.uk

Government should have consulted Child Poverty Commission on welfare strategy – UK Human Rights Blog

Posted October 2nd, 2012 in consultations, judicial review, news, ultra vires by sally

“The government had acted unlawfully by removing the Child Poverty Commission, an advisory body set up under the Child Poverty Act 2010 . They had also acted beyond their powers by preparing a child poverty strategy without having requested and having regard to the advice of that Commission. But government is free to formulate new policy and as such there was nothing irrational about the strategy itself.”

Full story

UK Human Rights Blog, 2nd October 2012

Source: www.ukhumanrightsblog.com

Tony Nicklinson right-to-die refused Court of Appeal hearing – BBC News

Posted October 2nd, 2012 in appeals, assisted suicide, news by sally

“High Court judges have refused permission for the case of a man who fought for the right to die to go to the Court of Appeal.”

Full story

BBC News, 2nd October 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 2nd, 2012 in legislation by sally

High Court (Chancery Division)

Société Des Produits Nestlé S.A. v Cadbury UK Ltd [2012] EWHC 2637 (Ch) (01 October 2012)

High Court (Administrative Court)

Nursing and Midwifery Council v Donga [2012] EWHC 2587 (Admin) (18 September 2012)

Nursing and Midwifery Council v McConaghy [2012] EWHC 2520 (Admin) (03 September 2012)

Nursing and Midwifery Council v Lastauskas [2012] EWHC 2521 (Admin) (3 September 2012)

Nursing and Midwifery Council v Fitzgerald [2012] EWHC 2522 (Admin) (03 September 2012)

Source: www.bailii.org