Day: 8 May 2013
Recent Statutory Instruments – legislation.gov.uk
The Energy Supply Company Administration Rules 2013
The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013
The Electricity (Exemption from the Requirement for a Generation Licence) (Markinch) Order 2013
The Adoption Agencies (Miscellaneous Amendments) Regulations 2013
Source: www.legislation.gov.uk
The dilemma of assisted suicide – CrimeLine
“The controversy of mercy killing is unresolved. It is capable of being either an act of compassion or that of unconscionable self interest. The law recognises no difference between these motivations. Despite challenges from Diane Pretty and Debbie Purdy, mercy killing remains an offence in the UK. Assisting a person to commit suicide is an offence under the Suicide Act 1961. Killing a person not capable of committing suicide even at their request is murder or manslaughter. It is no defence to say that the best interests of the victim were served. While the DPP have been forced to publicise their policy upon which factors will be considered when a prosecution is contemplated that goes only to the public interest in any prosecution. The law recognises no offence or defence, full or partial, of mercy killing.”
CrimeLine, 29th April 2013
Source: www.crimeline.info
Litter Enforcers let loose in Leeds – what rights to private contractors have to request personal details and issue fines? – Zenith Chambers
“Private contractors are increasingly being used by local councils in an attempt to curb offences of littering. This has provoked an uproar amongst the press with reports of local residents being issued with ‘heavy handed fines’ for the most trivial offences, rather than receiving a warning and the opportunity to pick up their litter first.”
Full story (PDF)
Zenith Chambers, 3rd May 2013
Source: www.zenithchambers.co.uk
Burr v OM Property Management Ltd – WLR Daily
Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164
“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
Golstein v Bishop – WLR Daily
Golstein v Bishop [2013] EWHC 881 (Ch); [2013] WLR (D) 163
“The dissolution of a partnership could not be brought about by an accepted repudiation.”
WLR Daily, 2nd May 2013
Source: www.iclr.co.uk
Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another – WLR Daily
“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
Grayling: No more using judicial review as a cheap delaying tactic – Ministry of Justice
“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”
Ministry of Justice, 7th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Court of Appeal issues strong warning of costs sanctions for lengthy skeleton arguments – Litigation Futures
“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”
Litigation Futures, 8th May 2013
Source: www.litigationfutures.com
EIR: when is information ‘held’? – Panopticon
“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”
Panopticon, 7th May 2013
Source: www.panopticonblog.com
Tribunal disagreement on post-employment victimisation will create “confusion” for employers, says expert – OUT-LAW.com
“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 8th May 2013
Source: www.out-law.com
Lord Falconer to press on assisted dying law – BBC News
“Parliament is to be asked to consider the case for legalising assisted dying for terminally ill patients who have less than six months to live.”
BBC News, 7th May 2013
Source: www.bbc.co.uk
Panorama breached Ofcom code with privacy breach – Daily Telegraph
“An edition of BBC1’s Panorama has breached the Ofcom code after a man who was supposed to remain anonymous was identified by his friends.”
Daily Telegraph, 7th May 2013
Source: www.telegraph.co.uk
Essay writing service’s ad banned for implying ‘guaranteed’ grade – The Guardian
“An advert for an essay writing service has been banned for implying that students had a moneyback guarantee that they would get the grade they wanted.”
The Guardian, 8th May 2013
Source: www.guardian.co.uk
Mentally-ill patients were ‘Tasered’ more than 50 times – The Independent
“Freedom of Information request reveals extent of stun-gun use by police in psychiatric wards.”
The Independent, 7th May 2013
Source: www.independent.co.uk
Kerry Katona payday loan ad banned for being irresponsible – The Guardian
“A TV campaign fronted by former bankrupt Kerry Katona offering payday loans with the strapline ‘fast cash for fast lives’ has been banned for being irresponsible.”
The Guardian, 8th May 2013
Source: www.guardian.co.uk
Police cautions issued for sex crimes, arson and robbery – BBC News
“More than 1,000 sex offenders have received police cautions in the east of England rather than face court proceedings, it has emerged.”
BBC News, 8th May 2013
Source: www.bbc.co.uk
93-year-old former serviceman loses ruling on expats voting in UK elections – The Independent
“A 93-year-old former British serviceman vowed to spend the rest of his life, if necessary, fighting for the right to vote after Strasbourg judges rejected his case.”
The Independent, 7th May 2013
Source: www.independent.co.uk
