Norwich Castle rhino horn theft bid: Man jailed – BBC News

Posted December 3rd, 2012 in attempts, news, sentencing, theft by sally

“A 29-year-old man from east London has been jailed for 18 months over the attempted theft of a rhino horn from Norwich Castle Museum.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 3rd, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Mengi v Hermitage [2012] EWHC 3445 (QB) (30 November 2012)

High Court (Chancery Division)

Chauvidul- AW v Phongphongsavat & Anor [2012] EWHC 3224 (Ch) (23 November 2012)

Arnold v Britton & Ors [2012] EWHC 3451 (Ch) (03 December 2012)

Source: www.bailii.org

Leveson isn’t a threat to human rights – not adopting his proposals would be – The Guardian

Posted December 3rd, 2012 in freedom of expression, human rights, media, news, privacy, reports by sally

“Comments attributed to Shami Chakrabarti of Liberty are the kind of nonsense that give human rights a bad name.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted December 3rd, 2012 in parliamentary papers by sally

Government Response to the House of Commons Energy and Climate Change Select Committee Report into the draft Energy Bill, Cm 8504 (PDF)

Electricity Demand Reduction: Consultation on options to encourage permanent reductions in electricity use, Cm 8492 (PDF)

Annual Energy Statement 2012, Cm 8456 (PDF)

Energy Security Strategy, Cm 8466 (PDF)

Electricity Market Reform: policy overview, Cm 8498 (PDF)

Government Response to the Justice Committee’s Report: Post-legislative scrutiny of the Freedom of Information Act 2000, Cm 8505 (PDF)

Source: www.official-documents.gov.uk

The 1996 Hague Convention: The Fourth Dimension – Family Law Week

Posted December 3rd, 2012 in child abduction, EC law, human rights, news, parental responsibility, treaties by sally

“Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.”

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Family Law Week, 30th November 2012

Source: www.familylawweek.co.uk

Couple sue for IVF in landmark ‘age discrimination’ case – Daily Telegraph

Posted December 3rd, 2012 in age discrimination, assisted reproduction, health, medical treatment, news by sally

“A childless couple who have been refused NHS fertility treatment are suing Jeremy Hunt, the Health Secretary, for age discrimination in a landmark legal case.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

New code of practice for disclosure of datasets under FOI proposed – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, disclosure, freedom of information, news by sally

“Public authorities required to disclose ‘datasets’ in order to comply with a freedom of information (FOI) request should have to make sure the information is ‘machine readable’ and accompanied by explanatory material, the Government has proposed.”

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OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Regina v Nursing – WLR Daily

Posted December 3rd, 2012 in appeals, crime, law reports, mental health, negligence, wilful neglect by sally

Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360

“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”

WLR Daily, 30th November 2012

Source: www.iclr.co.uk

M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Econord SpA v Comune di Cagno and others – WLR Daily

Posted December 3rd, 2012 in contracts, EC law, law reports, local government, public procurement, tenders by sally

Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356

“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Spotlight On Reform – Speech by Mr. Justice Ryder

Posted December 3rd, 2012 in case management, children, delay, family courts, news, speeches by sally

Spotlight On Reform (PDF)

Speech by Mr. Justice Ryder

The Association of Lawyers For Children National Conference, 16th November 2012

Source: www.judiciary.gov.uk

The press: To legislate or not to legislate? – The Independent

Posted December 3rd, 2012 in media, news by sally

“Any statutory regulation would ignore a fundamental problem with our prurient society.”

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The Independent, 2nd December 2012

Source: www.independent.co.uk

New sentences and criminal offences come into effect – Ministry of Justice

“From 3 December 2012 new offences of aggravated knife possession come into force. Anyone who uses a knife or offensive weapon to threaten and endanger others will face a mandatory custodial sentence, Justice Secretary Chris Grayling said today.”

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Ministry of Justice, 2nd December 2012

Source: www.justice.gov.uk

2013/14 Budget Proposals: Consultation with the Profession – The Bar Council

Posted December 3rd, 2012 in barristers, budgets, consultations, news by sally

“The Treasurer is inviting the practising Bar to review the Bar Council’s Budget Proposals for 2013/14 and the associated ramifications for the Practising Certificate Fee (PCF). Individuals, chambers, employers, SBAs, Circuits and Bar Council committees are all urged to take this opportunity to comment on the proposals.”

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The Bar Council, 30th November 2012

Source: www.barcouncil.org.uk

Repeat rapists to face life sentences – Daily Telegraph

Posted December 3rd, 2012 in news, rape, recidivists, sentencing, terrorism by sally

“Criminals who commit a second serious sexual or violent offence will be given automatic life sentences under a new ‘two strikes and you’re out’ law from tomorrow.”

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Daily Telegraph, 2nd December 2012

Source: www.telegraph.co.uk

Care home regulation criticised by Norman Lamb – BBC News

Posted December 3rd, 2012 in care homes, consultations, news by sally

“Regulation of the care sector is not fit for purpose, care minister Norman Lamb has said as he unveiled proposals on English care homes for consultation.”

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BBC News, 1st December 2012

Source: www.bbc.co.uk

Voluntary code for third-party funders is “fit for purpose”, says author – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, news, third parties by sally

“A code of conduct for third-party litigation funders is “working well” one year on from its adoption and there are no plans to replace it with a system of mandatory regulation, according to one of its authors.”

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OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Barristers threaten strike action over legal aid reforms – Daily Telegraph

Posted December 3rd, 2012 in barristers, industrial action, legal aid, news by sally

“Barristers will be forced to take strike action for the first time if the Government pushes ahead with its proposed reform of the legal aid system, the new head of the Criminal Bar Association has said.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk