Supreme court rules it can examine secret judgements by lower courts – The Guardian

Posted March 20th, 2013 in closed material, evidence, news, private hearings, Supreme Court by tracey

“The supreme court has ruled for the first time in its history that it can examine secret judgments given by lower courts.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Cold-calling firm fined £90,000 in first penalty of its kind – Daily Telegraph

Posted March 20th, 2013 in fines, harassment, news, telecommunications by tracey

“A marketing firm has become the first to be fined £90,000 after plaguing members
of the public with thousands of unwanted calls.”

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Daily Telegraph, 20th March 2013

Source: www.telegraph.co.uk

Press regulation: publishers may have grounds for legal challenge – The Guardian

“Newspapers likely to take action over regulations that will require huge payouts when stories are wrong.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Equal pay in City law: is there a light at the end of the tunnel? – The Guardian

Posted March 20th, 2013 in equal pay, equality, legal profession, news, women by tracey

“We urgently need up to date research on gender and equality pay within the legal sector, say LSB.”

Full story

The Guardian, 20th March 2013

Source: www.guardian.co.uk

Police overhaul of missing persons cases ‘could put children at risk’ – Daily Telegraph

Posted March 20th, 2013 in care homes, children, missing persons, news, police by tracey

“An overhaul of how police deal with missing people could put vulnerable children
at risk of being groomed and sexually exploited, the NSPCC has said.”

Full story

Daily Telegraph, 20th March 2013

Source: www.telegraph.co.uk

Police hid files on celebrity suspects – Daily Telegraph

Posted March 20th, 2013 in child abuse, investigatory powers, media, news, police, sexual offences by tracey

“Hundreds of police files on celebrities and politicians accused of sex assault
were so heavily protected that even officers investigating claims could not
access them.”

Full story

Daily Telegraph, 20th March 2013

Source: www.telegraph.co.uk

MPs warn of £42.8m data protection shortfall – BBC News

Posted March 20th, 2013 in budgets, data protection, EC law, news by tracey

“England’s Information Commissioner’s Office could be facing a £42.8m shortfall
that may have to be paid for by the taxpayer, MPs has warned.”

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BBC News, 20th March 2013

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2013 in legislation by tracey

The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013

The Pension Protection Fund, Occupational and Personal Pension Schemes (Miscellaneous Amendments) Regulations 2013

The Misuse of Drugs (Amendment No. 2) (England, Wales and Scotland) Regulations 2013

The Misuse of Drugs (Designation) (Amendment No. 2) (England, Wales and Scotland) Order 2013

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) (Amendment) Regulations 2013

The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2013

The Immigration and Nationality (Cost Recovery Fees) Regulations 2013

The Criminal Justice and Immigration Act 2008 (Commencement No. 15) Order 2013

The Armed Forces and Reserve Forces Compensation Scheme (Consequential Provisions: Subordinate Legislation) Order 2013

The Social Security Benefits Up-rating Order 2013

The Inspectors of Education, Children’s Services and Skills (No. 2) Order 2013

Source: www.legislation.gov.uk

Payday lender shut down by OFT over identity fraud – The Guardian

Posted March 19th, 2013 in consumer credit, identity fraud, loans, news by tracey

“Payday lender MCO Capital has been shut down by the Office of Fair Trading, after it failed to stop fraudsters taking out loans using more than 7,000 stolen identities.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Hacker jailed for bid to steal carbon credits from UN – Daily Telegraph

Posted March 19th, 2013 in carbon dioxide emissions, computer crime, news, sentencing, United Nations by tracey

“A cyber-criminal nicknamed the ‘Black Dragon’, who masterminded an audacious
attempt to hack into the United Nations computer systems to steal £6.5m worth of
carbon credits, was jailed for three-and-a-half years yesterday.”

Full story

Daily Telegraph, 19th March 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted March 19th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Rothschild v Associated Newspapers Ltd [2013] EWCA Civ 197 (19 March 2013)

Taylor v A. Novo (UK) Ltd [2013] EWCA Civ 194 (18 March 2013)

Swift v Secretary of State for Justice [2013] EWCA Civ 193 (18 March 2013)

Mid Essex Hospital Services NHS Trust v Compass Group UK and Ireland Ltd (t/a Medirest) [2013] EWCA Civ 200 (15 March 2013)

Court of Appeal (Criminal division)

F, R. v [2013] EWCA Crim R1 (14 March 2013)

High Court (Chancery Division)

Aveda Corporation v Dabur India Ltd [2013] EWHC 589 (Ch) (18 March 2013)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 583 (Ch) (18 March 2013)

Seven Arts Entertainment Ltd v Content Media Corporation Plc & Ors [2013] EWHC 588 (Ch) (18 March 2013)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2013] EWHC 510 (Comm) (19 March 2013)

Source: www.bailii.org

Taylor (Bonnett) v The Queen – WLR Daily

Posted March 19th, 2013 in appeals, evidence, juries, law reports, Privy Council, witnesses by tracey

Taylor (Bonnett) v The Queen: [2013] UKPC 8;   [2013] WLR (D)  104

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily

Posted March 19th, 2013 in appeals, damages, HM Revenue & Customs, law reports, parking, VAT by tracey

Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186;   [2013] WLR (D)  105

“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Leth v Republic of Austria – WLR Daily

Posted March 19th, 2013 in airports, compensation, EC law, environmental protection, housing, law reports by tracey

Leth v Republic of Austria: (Case C-420/11);   [2013] WLR (D)  106

“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

R (McGetrick) v Parole Board and another – WLR Daily

Posted March 19th, 2013 in appeals, evidence, law reports, parole, release on licence by tracey

R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182;   [2013] WLR (D)  107

“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily

Posted March 19th, 2013 in appeals, criminal records, demonstrations, human rights, law reports, police by tracey

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening): [2013] EWCA Civ 192;   [2013] WLR (D)  108

“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2013 in legislation by tracey

The Education (Student Loans) (Repayment) (Amendment) Regulations 2013

The Companies Act 2006 (Amendment of Part 25) Regulations 2013

The National Employment Savings Trust (Amendment) Order 2013

The Health and Social Care Act 2012 (Consequential Amendments) Order 2013

The National Health Service Trusts (Establishment) Amendment Order 2013

The Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2013

The Pensions Act 2011 (Commencement No. 4) Order 2013

The Guaranteed Minimum Pensions Increase Order 2013

The Patents (Convention Countries) (Amendment) Order 2013

The Copyright and Performances (Application to Other Countries) Order 2013

The Income Tax (Pay As You Earn) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted March 19th, 2013 in parliamentary papers by tracey

Government’s response to the Heseltine review Cm 8587 (PDF)

Source: www.official-documents.gov.uk

Should the Decision of the Foreign Secretary be Justiciable? – Louise Christian

Should the Decision of the Foreign Secretary be Justiciable?

Louise Christian, Senior Consultant and Head of Public Law, Christian Khan Solicitors

Inner Temple Reader’s Lecture Series, 18th February 2013

Source: www.innertemple.org.uk

Damages for death and human rights – UK Human Rights Blog

“Swift v. Secretary of State for Justice, Court of Appeal, 18 February 2013. Ms Swift lost her live-in partner in an accident at work caused by negligence. She was pregnant with her partner’s child, but had only been living with him for 6 months. Had she been with him for 2 years, she could have claimed damages for his death under section 1(3) of the Fatal Accidents Act – set out at [1] of the CA judgment. She would then have been a ‘dependant’ as defined under the FAA. So she argued that her rights under Articles 8 (family) and 14 (discrimination) of the ECHR were not properly respected by the law governing damages for the death of a relative – there was no justification for this stark cut-off – 1 year 11 months no claim, 2 years a claim. The judge refused to grant a declaration of incompatibility between the ECHR and the Fatal Accidents Act, and the Court of Appeal has just upheld his decision.”

Full story

UK Human Rights Blog, 18th March 2013

Source: www.ukhumanrightsblog.com