Month: December 2012

Bill of Rights report: no further forward – Halsbury’s Law Exchange

Posted December 20th, 2012 in bills, constitutional reform, human rights, news, reports by tracey

“There is nothing surprising in the conclusion formed by the majority of the Commission on the Bill of Rights in their report, issued yesterday. A majority favours replacing the Human Rights Act 1998 (HRA) with a Bill of Rights for the UK, as the means of securing the most effective compliance by this country with its obligations under the Human Rights Convention.”

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Halsbury’s Law Exchange, 19th December 2012

Source: www.halsburyslawexchange.co.uk

Dale Farm Travellers face eviction again – The Guardian

Posted December 20th, 2012 in appeals, local government, news, planning, repossession, travellers by tracey

“Travellers living at the side of the road near the former Dale Farm site face being evicted for a second time after Basildon council, in Essex, voted to take ‘direct action’ to remove the families who remain.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Romanian metal theft gang jailed – Daily Telegraph

Posted December 20th, 2012 in gangs, news, railways, sentencing, theft by tracey

“Eight Romanians who embarked on a cable theft spree, creating havoc across a swathe of the Midlands rail network, have been sentenced to a total of 23 years in prison.”

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Daily Telegraph, 19th December 2012

Source: www.telegraph.co.uk

Terminally ill woman not consulted on hospital resuscitation order – The Guardian

Posted December 20th, 2012 in hospital orders, hospitals, medical treatment, news by tracey

“A terminally ill woman was not consulted before a notice instructing ‘do not resuscitate’ was placed with her medical records, a judge has found.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Jimmy Savile scandal: BBC branded ‘incapable and chaotic’ – The Guardian

Posted December 20th, 2012 in BBC, inquiries, media, news, reports by tracey

“A scathing report into the BBC’s handling of a shelved Newsnight exposé of Jimmy Savile revealed a culture of ‘suspicion and mistrust’ at the corporation, riven by factions and in-fighting with ‘rigid management chains’ that rendered it ‘completely incapable’ of dealing with the scandal when it was exposed.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Richard Morgan jailed for killing Slater Sharkey – BBC News

Posted December 20th, 2012 in causing death of children or vulnerable adults, child cruelty, community service, homicide, news, sentencing by tracey

“A factory worker who shook his girlfriend’s baby son to death has been jailed for seven-and-a-half years.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

‘Nazi salute’ nurse Stephen Johnson struck off – BBC News

Posted December 20th, 2012 in disciplinary procedures, news, nurses, professional conduct by tracey

“A senior mental health nurse who performed Nazi salutes in front of patients has been struck off.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

Conman jailed after admitting he lied as easily as he breathed’ – Daily Telegraph

Posted December 20th, 2012 in fraud, news, sentencing by tracey

“A trickster who posed as a Goldman Sachs billionaire told his victim: ‘I lie as easily as I breathe,’ the woman said yesterday.”

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Daily Telegraph, 20th December 2012

Source: www.telegraph.co.uk

Men set to lose £10,000 in pension rule change – Daily Telegraph

Posted December 20th, 2012 in EC law, insurance, news, pensions, sex discrimination by tracey

“Male pensioners will lose up to £10,000 in retirement income due to the
introduction this week of European Court rules banning sex discrimination by
financial firms, a report warns.”

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Daily Telegraph, 20th December 2012

Source: www.telegraph.co.uk

 

Scientologist loses high court wedding battle – The Guardian

Posted December 19th, 2012 in appeals, marriage, news, religious discrimination by sally

“A member of the Church of Scientology has lost her fight to get married in one of its chapels after the high court dismissed her claim that she was the victim of unlawful religious discrimination.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

High court quashes Hillsborough inquest verdicts – The Guardian

Posted December 19th, 2012 in evidence, inquests, news, police, sport by sally

“Twenty-two years after the original contentious inquest into the 96 victims of the Hillsborough disaster, the verdict of accidental death has been quashed in the high court.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

SEN Update – 11 KBW

Posted December 19th, 2012 in bills, children, learning difficulties, local government, news, special educational needs by sally

“This paper considers developments in relation to the law on Special Educational Needs over the last year. It will address three main areas:
(1) recent SEN cases;
(2) practice and procedure issues;
(3) the Children and Families Bill.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

Traveller family guilty of forced labour are jailed – BBC News

Posted December 19th, 2012 in assault, forced labour, news, sentencing, travellers by sally

“Five members of a traveller family who were found guilty of keeping their own private workforce have been jailed.”

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BBC News, 19th December 2012

Source: www.bbc.co.uk

Education and Human Rights – 11 KBW

Posted December 19th, 2012 in education, human rights, news, parental rights, special educational needs by sally

“Education lawyers cannot ignore the European Convention of Human Rights. The ‘right to education’ is enshrined in Article 2 of the First Protocol to the Convention, and other Convention rights are often in play when education decisions need to be made. In this paper, we examine in detail the content of Article 2 of the First Protocol, and highlight the other Convention rights that frequently feature in education cases.”

Full story (PDF)

11 KBW, November 2012

Source: www.11kbw.com

Advance Decisions: getting it right? – Thirty Nine Essex Street

Posted December 19th, 2012 in consent, medical treatment, mental health, news by sally

“The provisions relating to the existence, validity and applicability of advance decisions, and especially those relating to life-sustaining treatment, are some of the most important in the Mental Capacity Act 2005 (‘MCA 2005’). The penalties for failing to comply with the procedural requirements can result in the overriding by the Court of what may appear to be clear and strongly-held views expressed by P before the onset of incapacity.”

Full story (PDF)

Thirty Nine Essex Street, December 2012

Source: www.39essex.com

Volunteers’ status under anti discrimination law: where to now? – Cloisters

Posted December 19th, 2012 in EC law, employment, equality, news, volunteers by sally

“Judgment in the case of X v. Mid Sussex CAB was handed down by the Supreme Court 12th December 2012, in which it was held that volunteers (unpaid workers) qualify for protection from discrimination under the employment provisions of European or domestic anti discrimination law. The principle disagreement between the parties (a volunteer legal advisor and a CAB) was about the proper interpretation of Article 3 of the Framework Directive, which underlies the relevant legislation. The Appellant had argued that certain volunteers in certain situations do fall within scope – namely those whose volunteer activities closely resemble paid work. The CAB argued that no volunteers fall within the legislation, irrespective of the nature of the work that they do. In dismissing the appeal, the Court held that the law in this area was sufficiently free from doubt, such that there was no need to refer any questions to the CJEU.”

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Cloisters, December 2012

Source: www.cloisters.com

Academies in court: recent case law – 11 KBW

Posted December 19th, 2012 in consultations, education, learning difficulties, local government, news, school admissions, special educational needs by sally

“This paper concentrates on three recent cases concerning different aspects of the emerging law on Academies:
(1) Consultation on Academy conversions under s.5 Academies Act 2010 (‘the 2010
Act’);
(2) The extent of the obligation on Academies (both pre and post 2010 Act) to admit
children with a statement of Special Educational Needs (‘SSEN’); and
(3) The new Academy ‘presumption’ in s.6A of the Education and Inspections Act 2006.”

Full story (PDF)

11 KBW, 4th December 2012

Source: www.11kbw.com

Leveson’s media arbitration scheme – The Guardian

Posted December 19th, 2012 in arbitration, media, news, ombudsmen, reports by sally

“Lord Justice Leveson’s report recommends that claims against the press be resolved fairly, quickly and cheaply by means of an arbitration scheme established by a new (statutory) regulator.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 19th, 2012 in legislation by sally

The Civil Legal Aid (Procedure) Regulations 2012

The Council Tax (Demand Notices) (England) (Amendment) Regulations 2012

The Council Tax (Administration and Enforcement) (Amendment) (No.2) (England) Regulations 2012

The Tax Treatment of Financing Costs and Income (Correction of Mismatches: Partnerships and Pensions) Regulations 2012

Source: www.legislation.gov.uk

Remorseful Twitter and Facebook jokers less likely to face prosecution – The Guardian

Posted December 19th, 2012 in internet, malicious communications, news, prosecutions by sally

“Drunken Twitter and Facebook users who post grossly offensive messages online may be less likely to face prosecution if they hit delete and express remorse after they sober up, Keir Starmer, the director of public prosecutions, indicated.”

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The Guardian, 19th December 2012

Source: www.guardian.co.uk