BSkyB and BT force Virgin Media to drop unlimited broadband ad claim – The Guardian

Posted March 27th, 2013 in advertising, complaints, internet, news by tracey

“BSkyB and BT have successfully teamed up to force rival Virgin Media to drop an advert that claimed that its broadband is ‘unlimited’, after the advertising watchdog found that heavy users could find their download speeds cut by up to 50%.”

Full story

The Guardian, 27th March 2013

Source: www.guardian.co.uk

Ex-PC and prison worker jailed for Sun information sale – BBC News

Posted March 27th, 2013 in media, misfeasance in public office, news, police, prison officers, sentencing by tracey

“A former prison worker and an ex-policeman have been jailed for selling
information to the Sun newspaper.”

Full story

BBC News, 27th March 2013

Source: www.bbc.co.uk

Abu Qatada: Government loses deportation appeal – BBC News

Posted March 27th, 2013 in appeals, deportation, evidence, immigration, news, terrorism, torture by tracey

“Home Secretary Theresa May has lost her appeal against a ruling preventing the
deportation of preacher Abu Qatada.”

Full story

BBC News, 27th March 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 27th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

J1 v Secretary of State for the Home Department [2013] EWCA Civ 279 (27 March 2013)

Wright v Michael Wright Supplies Ltd & Anor [2013] EWCA Civ 234 (27 March 2013)

Newhaven Port and Properties Ltd, R (on the application of) v East Sussex County Council & Anor [2013] EWCA Civ 276 (27 March 2013)

Parshall v Hackney [2013] EWCA Civ 240 (26 March 2013)

FK & OK (Botswana) v Secretary of State for the Home Department [2013] EWCA Civ 238 (26 March 2013)

SS & Ors (Zimbabwe) v Secretary of State for the Home Department [2013] EWCA Civ 237 (26 March 2013)

Fiona Trust & Holding Corporation & Ors v Skarga & Ors [2013] EWCA Civ 275 (26 March 2013)

Belfairs Management Ltd v Sutherland & Anor [2013] EWCA Civ 236 (26 March 2013)

Glatt & Ors v Sinclair [2013] EWCA Civ 241 (26 March 2013)

Sreedharan, R (on the application of) v HM Coroner for the County of Greater Manchester & Ors [2013] EWCA Civ 181 (26 March 2013)

Kim & Anor v Chasewood Park Residents Ltd [2013] EWCA Civ 239 (26 March 2013)

Court of Appeal (Criminal Division)

Jaffery v R. [2013] EWCA Crim 360 (26 March 2013)

Pollett & Ors v R. [2013] EWCA Crim 359 (26 March 2013)

Connors & Ors v R. [2013] EWCA Crim 324 (26 March 2013)

Perkins & Ors v R. [2013] EWCA Crim 323 (26 March 2013)

Dawes & Ors v R. [2013] EWCA Crim 322 (26 March 2013)

Bayode, R. v [2013] EWCA Crim 356 (26 March 2013)

High Court (Administrative Court)

Dowsett, R (on the application of) v Secretary of State for Justice [2013] EWHC 687 (Admin) (27 March 2013)

Westminster City Council v Secretary of State for Communities and Local Government & Anor [2013] EWHC 690 (Admin) (27 March 2013)

Ismail v Secretary of State for Home Department [2013] EWHC 663 (Admin) (26 March 2013)

Das, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 682 (Admin) (26 March 2013)

Guzeloglu v Government of Republic of Turkey [2013] EWHC 660 (Admin) (26 March 2013)

A, R (on the application of) v Lowestoft Magistrates’ Court [2013] EWHC 659 (Admin) (26 March 2013)

High Court (Chancery Division)

Pannone LLP v Aardvark Digital Ltd [2013] EWHC 686 (Ch) (26 March 2013)

Investment Trust Companies v Revenue and Customs [2013] EWHC 665 (Ch) (26 March 2013)

Secretary of State for Business Innovation and Skills v Chohan & Ors [2013] EWHC 680 (Ch) (26 March 2013)

Fage UK Ltd & Anor v Chobani UK Ltd & Anor [2013] EWHC 630 (Ch) (26 March 2013)

High Court (Commercial Court)

Stokors SA & Ors v IG Markets Ltd & Anor [2013] EWHC 631 (Comm) (27 March 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted March 27th, 2013 in legislation by tracey

The Value Added Tax (Amendment) Regulations 2013

The Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) (Amendment) (Wales) Order 2013

The Conditional Fee Agreements Order 2013

The Representation of the People (Election Expenses Exclusion) Order 2013

The Immigration (Designation of Travel Bans) (Amendment) Order 2013

Source: www.legislation.gov.uk

Regina v Applied Language Solutions Ltd – WLR Daily

Regina v Applied Language Solutions Ltd: [2013] EWCA Crim 326;   [2013] WLR (D)  123

“Where a company had an agreement with the Ministry of Justice to provide interpreters, including interpreters for criminal proceedings, it was essential that an interpreter was provided on every occasion when one was required. If there was successive non-attendance of an individual interpreter or successive failures in systems a court was entitled to view that as amounting to serious misconduct rendering the company liable for the costs thereby incurred by the Crown Prosecution Service and the defence.”

WLR Daily, 25th March 2013

Source: www.iclr.co.uk

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another – WLR Daily

Posted March 27th, 2013 in consultations, law reports, planning, railways by tracey

Regina (Buckinghamshire County Council and others) v Secretary of State for Transport and another: [2013] EWHC 481 (Admin);   [2013] WLR (D)  122

“A command paper setting out the Government’s proposed strategy for the development of a high speed rail network followed after consultation by an announcement of decisions and next steps was not an administrative provision requiring a plan or programme necessitating an environmental assessment under the terms of the Strategic Environmental Assessment Directive 2001/42/EC.”

WLR Daily, 15th March 2013

Source: www.iclr.co.uk

Bauer and others v Director of Public Prosecutions (Liberty intervening) – WLR Daily

Posted March 27th, 2013 in demonstrations, intimidation, law reports, trespass by tracey

Bauer and others v Director of Public Prosecutions (Liberty intervening): [2013] EWHC 634 (Admin);   [2013] WLR (D)  121

“Continued occupation as a trespasser could in appropriate circumstances amount to an additional act beyond the initial act of trespass as required by section 68(1) of the Criminal Justice and Public Order Act 1994 in order to prove an offence of aggravated trespass.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Islington London Borough Council v Unite Group PLC – WLR Daily

Posted March 27th, 2013 in houses in multiple occupation, housing, law reports, local government by tracey

Islington London Borough Council v Unite Group PLC: [2013] EWHC 508 (Admin);   [2013] WLR (D)  120

“For the purposes of article 3(2) of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006 it was the house in multiple occupation that had to comprise of three storeys and not the building in which a house in multiple occupation happened to be found.”

WLR Daily, 22nd March 2013

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted March 27th, 2013 in parliamentary papers by tracey

Patients first and foremost: the initial Government response to the Report of the Mid Staffordshire NHS Foundation Trust Public Inquiry,
Cm 8576 (PDF)

CONTEST: the United Kingdom’s strategy for countering terrorism annual report,Cm 8583 (PDF)

Source: www.official-documents.gov.uk

Barristers fight back in defence of cab-rank rule – Legal Futures

Posted March 27th, 2013 in barristers, codes of practice, legal services, news by tracey

“Barristers yesterday launched a two-pronged assault on a controversial academic report recommending that the cab rank rule be removed from the Bar Code of Conduct, with twin assessments by high-powered silks contradicting its findings.”

Full story

Legal Futures, 27th March 2013

Source: www.legalfutures.co.uk

Compensation culture: Fact or fantasy? – Speech by the Master of the Rolls

“In my Presidential address I want to examine ‘compensation culture’. This I imagine is something with which W. S. Holdsworth, notwithstanding his truly encyclopaedic knowledge of English law, would have been unfamiliar. We can let him off though. The term was apparently not coined until 1993; when it first appeared in The Times newspaper in an article by Bernard Levin entitled Addicted to welfare.”

Full speech

Judiciary of England and Wales, 15th March 2013

Source: www.judiciary.gov.uk

Former Essex broker jailed for foreign exchange investment fraud – Crown Prosecution Service

Posted March 27th, 2013 in fraud, press releases, sentencing by tracey

“Ian James Dickinson has today been sentenced to five years at Chelmsford Crown Court for a fraudulent foreign exchange investment scheme. Over nearly five years, Dickinson defrauded investors of around £3 million.”

Full press release

Crown Prosecution Service, 26th March 2013

Source: www.cps.gov.uk

QASA fourth consultation report published – Bar Standards Board

Posted March 27th, 2013 in codes of practice, consultations, press releases, quality assurance by tracey

“Today’s publication of the report on the fourth QASA consultation reveals the changes that have been made in response to barrister feedback and consultation responses.”

Full story

Bar Standards Board, 26th March 2013

Source: www.barstandardsboard.org.uk

Plans to give ICO power to conduct compulsory data protection audits in NHS unveiled – OUT-LAW.com

Posted March 27th, 2013 in auditors, data protection, hospitals, medical records, news by tracey

“Public health bodies in the UK could be compelled to open themselves up to a
data protection audit by the Information Commissioner’s Office (ICO) under new
plans outlined by the Government.”

Full story

OUT-LAW.com, 26th March 2013

Source: www.out-law.com

Unclear judgment on unclear occupancy – NearlyLegal

Posted March 27th, 2013 in appeals, evidence, housing, judges, landlord & tenant, local government, news by tracey

“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”

Full story

NearlyLegal, 24th March 2013

Source: www.nearlylegal.co.uk/blog/

Foreign lawsuits may face higher UK legal fees – The Guardian

Posted March 27th, 2013 in courts, fees, jurisdiction, legal services, news by tracey

“Higher fees may be introduced for foreign businessmen and Russian oligarchs who pursue their multimillion-pound disputes in British courts, under a review announced on Tuesday.”

Full story

The Guardian, 26th March 2013

Source: www.guardian.co.uk

Doctors allowed to date former patients – Daily Telegraph

Posted March 27th, 2013 in doctors, medical ethics, news, professional conduct by tracey

“A watchdog has updated its guidance on doctors having romantic relationships
with their former patients, urging medical professionals to use their
‘professional judgement’ to decide if it is appropriate.”

Full story

Daily Telegraph, 26th March 2013

Source: www.telegraph.co.uk

Julie Burchill entitled to ‘offend’ transsexuals, press watchdog rules – Daily Telegraph

Posted March 27th, 2013 in complaints, freedom of expression, media, news, sex discrimination by tracey

“Julie Burchill was entitled to write a controversial article about transsexuals
because she was expressing her opinion, the Press Complaints Commission (PCC)
has ruled.”

Full story

Daily Telegraph, 26th March 2013

Source: www.telegraph.co.uk

Gipsies ordered to leave after three-year village fight – Daily Telegraphj

Posted March 27th, 2013 in appeals, demonstrations, news, planning, travellers by tracey

“Villagers who have spent almost three years blockading an illegal gipsy camp
declared victory after a High Court judge ordered the travellers to leave.”

Full story

Daily Telegraph, 27th March 2013

Source: www.telegraph.co.uk