Mother Hazel Spence left paralysed by hospital error – BBC News

Posted January 29th, 2013 in damages, hospitals, medical treatment, news, personal injuries by sally

“A mother of two has been given a multimillion-pound payout by a Birmingham hospital, after mistakes during an operation left her paralysed.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

Criminal record checks system breaches human rights, court rules – The Guardian

Posted January 29th, 2013 in criminal records, human rights, news, vetting by sally

“The home secretary, Theresa May, is facing urgent pressure to overhaul the criminal records system after an appeal court ruled that the way it operated was unlawful and breached human rights.”

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The Guardian, 29th January 2013

Source: www.guardian.co.uk

Rapist wins damages from government – BBC News

Posted January 29th, 2013 in damages, delay, human rights, news, parole, rape by sally

“The government has been ordered to pay damages to a convicted rapist because of delays to a review about whether he should be released.”

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BBC News, 29th January 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 29th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Coull, R. v [2012] EWCA Crim 2893 (12 December 2012)

Friel, R. v [2012] EWCA Crim 2871 (11 December 2012)

Mba, R. v [2012] EWCA Crim 2773 (04 December 2012)

High Court (Queen’s Bench Division)

Khalil v Barakat & Anor [2013] EWHC 85 (QB) (28 January 2013)

High Court (Chancery Division)

Fitzwilliam v Richall Holdings Services Ltd [2013] EWHC 86 (Ch) (28 January 2013)

High Court (Administrative Court)

Gregory v Welsh Ministers & Ors [2013] EWHC 63 (Admin) (25 January 2013)

High Court (Commercial Court)

Westwood Shipping Lines Inc & Anor v Universal Schiffahrtsgesellschaft MBH & Anor [2012] EWHC 3837 (Comm) (11 December 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 29th, 2013 in legislation by sally

The Energy Act 2011 (Commencement No 2) Order 2013

The Pollution Prevention and Control (Designation of Directives) (England and Wales) Order 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted January 29th, 2013 in parliamentary papers by sally

High Speed Rail, Cm 8508 (PDF)

Source: www.official-documents.gov.uk

Setting the matter straight – The Bar Council

“The merits of joining forces with the Law Society and CILEx; the need to help facilitate the transition to the new world, even if its flaws are readily apparent; the Bar as guardians of the Rule of Law; and a fond farewell.”

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The Bar Council, December 2012

Source: www.barcouncil.org.uk

Henry ruling leaves lawyers rueing lack of clarity and warning of satellite litigation – Litigation Futures

Posted January 29th, 2013 in appeals, budgets, costs, news, proportionality by sally

“The Court of Appeal ruling in Henry yesterday has been met with disappointment and criticism from lawyers for failing to send out a clear message about the importance of costs management, and for risking an onslaught of satellite litigation.”

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Litigation Futures, 29th January 2013

Source: www.litigationfutures.com

The future of human rights on these islands – UK Human Rights Blog

Posted January 29th, 2013 in constitutional reform, human rights, news by sally

“Now that the idea of a new UK Bill of Rights appears to be buried, choices re-emerge. The predicted outcome of the London-based Commission’s work was finally confirmed in December. Where now for human rights?”

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UK Human Rights Blog, 29th January 2013

Source: www.ukhumanrightsblog.com

Judges given final say on secret justice – Daily Telegraph

“Judges will decide whether civil cases involving national security can be heard in secret in a climbdown by the Government.”

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Daily Telegraph, 29th January 2013

Source: www.telegraph.co.uk

Computer programming languages should not be viewed as copyrightable, says High Court judge – OUT-LAW.com

Posted January 29th, 2013 in computer programs, copyright, news by sally

“Computer programming languages should not be viewed as being copyrightable, a High Court judge has said.”

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OUT-LAW.com, 28th January 2013

Source: www.out-law.com

Tomorrow’s Lawyers: a virtual judiciary – extract – The Guardian

Posted January 29th, 2013 in courts, judiciary, news by sally

“Is court a service or a place? And what is the scope for the ‘decomposing and multi-sourcing’ of judicial work?”

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The Guardian, 29th January 2013

Source: www.guardian.co.uk

RSPCA told in letter to review its prosecution policies by Charity Commission – Daily Telegraph

Posted January 29th, 2013 in animal cruelty, Charity Commission, news, prosecutions by sally

“The RSPCA, Britain’s biggest animal welfare charity, has been officially asked to review its prosecution policies by the charities regulator after it spent hundreds of thousands of pounds bringing a prosecution against David Cameron’s local hunt.”

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Daily Telegraph, 28th January 2013

Source: www.telegraph.co.uk

Britain faces UN tribunal over Chagos Islands marine reserve – The Guardian

“Britain’s colonial-era decision to sever an Indian Ocean archipelago from Mauritius and turn it into a US military base will have to be justified before an international tribunal – a process that could lead to the return of the islands’ exiled inhabitants.”

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The Guardian, 28th January 2013

Source: www.guardian.co.uk

Lawyers on the line: high-speed rail plan faces 10-year delay – The Independent

Posted January 29th, 2013 in consultations, delay, judicial review, news, planning, railways by sally

“Britain’s HS2 high-speed rail line could be delayed for a decade as a unified coalition of Conservative councils, MPs and environmental groups threaten disruptive legal action.”

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The Independent, 28th January 2013

Source: www.independent.co.uk

Mark Duggan inquest could be shown live over the internet – The Guardian

Posted January 29th, 2013 in complaints, inquests, juries, media, news, police by sally

“Judicial officials are considering plans to stream the inquest into the police shooting of Mark Duggan live over the internet.”

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The Guardian, 28th January 2013

Source: www.guardian.co.uk

Deferred Prosecution Agreements – Sir Anthony Hooper, Former Lord Justice of Appeal – Fulcrum Chambers

Posted January 29th, 2013 in bribery, company law, deferred prosecution agreements, negligence, news, penalties by sally

“Since the early 90s US prosecuting authorities have been using deferred prosecution agreements. They are said to raise about $2.5bn a year in penalties, often in respect of criminal activities with little connection to the US. A deferred prosecution agreements involves the filing in court of agreed charges against a corporation, subject to a condition that the charges will not be pursued if the corporation complies with the often stringent terms of the agreement for a specified period. Such terms will include the payment of substantial sums to reflect broadly the fine that would have been paid had the corporation pleaded guilty and to reflect the confiscation and compensation regimes. Corporations are likely also to have to agree to the appointment of a monitor to ensure their adherence to proper standards of behaviour.”

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Fulcrum Chambers, January 2013

Source: www.fulcrumchambers.com