Month: May 2013

Litter Enforcers let loose in Leeds – what rights to private contractors have to request personal details and issue fines? – Zenith Chambers

Posted May 8th, 2013 in data protection, fines, litter, news, public private partnerships by sally

“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

Posted May 8th, 2013 in appeals, landlord & tenant, law reports, service charges, time limits by sally

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

Posted May 8th, 2013 in law reports, partnerships, solicitors by sally

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

Posted May 8th, 2013 in damages, delay, human rights, imprisonment, law reports, parole by sally

Regina (Faulkner) v Secretary of State for Justice and another; Regina (Sturnham) v Parole Board and another [2013] UKSC 23; [2013] WLR (D) 162

“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

Posted May 8th, 2013 in fees, immigration, judicial review, news, time limits by sally

“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.”

Full story

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

Posted May 8th, 2013 in advocacy, civil procedure rules, costs, news, practice directions, skeleton arguments, summary judgments by sally

“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.”

Full story

Litigation Futures, 8th May 2013

Source: www.litigationfutures.com

EIR: when is information ‘held’? – Panopticon

Posted May 8th, 2013 in climate change, disclosure, electronic mail, freedom of information, news, tribunals, universities by sally

“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.”

Full story

Panopticon, 7th May 2013

Source: www.panopticonblog.com

Tribunal disagreement on post-employment victimisation will create “confusion” for employers, says expert – OUT-LAW.com

Posted May 8th, 2013 in employment tribunals, news, statutory interpretation, victimisation by sally

“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.”

Full story

OUT-LAW.com, 8th May 2013

Source: www.out-law.com

Lord Falconer to press on assisted dying law – BBC News

Posted May 8th, 2013 in assisted suicide, bills, medical ethics, medical treatment, news, public interest by sally

“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.”

Full story

BBC News, 7th May 2013

Source: www.bbc.co.uk

Panorama breached Ofcom code with privacy breach – Daily Telegraph

Posted May 8th, 2013 in anonymity, gambling, media, news, privacy by sally

“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.”

Full story

Daily Telegraph, 7th May 2013

Source: www.telegraph.co.uk

Essay writing service’s ad banned for implying ‘guaranteed’ grade – The Guardian

Posted May 8th, 2013 in advertising, complaints, examinations, guarantees, news, universities by sally

“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.”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk

Mentally-ill patients were ‘Tasered’ more than 50 times – The Independent

Posted May 8th, 2013 in care homes, freedom of information, mental health, news, police, weapons by sally

“Freedom of Information request reveals extent of stun-gun use by police in psychiatric wards.”

Full story

The Independent, 7th May 2013

Source: www.independent.co.uk

Kerry Katona payday loan ad banned for being irresponsible – The Guardian

Posted May 8th, 2013 in advertising, bankruptcy, complaints, loans, news by sally

“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.”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk

Police cautions issued for sex crimes, arson and robbery – BBC News

Posted May 8th, 2013 in cautions, news, police, rape, sexual offences by sally

“More than 1,000 sex offenders have received police cautions in the east of England rather than face court proceedings, it has emerged.”

Full story

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

Posted May 8th, 2013 in domicile, elections, human rights, news, time limits by sally

“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.”

Full story

The Independent, 7th May 2013

Source: www.independent.co.uk

Eddie Stobart drives into legal aid row – The Guardian

Posted May 8th, 2013 in barristers, competition, criminal justice, legal aid, legal representation, news, tenders by sally

“A subsidiary of the haulage firm Eddie Stobart has emerged as a leading contender in bidding for a new generation of criminal legal aid contracts that would deprive defendants of the right to choose their own solicitor.”

Full story

The Guardian, 8th May 2013

Source: www.guardian.co.uk

Copyright owners to help set meaning of ‘diligent search’ in orphan works reforms, says IPO – OUT-LAW.com

Posted May 7th, 2013 in copyright, intellectual property, licensing, news, photography by sally

“Photographers and other rights holders will help define what constitutes a ‘diligent search’ for the author of copyrighted material as part of reforms to rules on ‘orphan works’ licensing, Out-Law.com has learned.”

Full story

OUT-LAW.com, 7th May 2013

Source: www.out-law.com

Queen’s speeches since 1994: how many bills did they introduce? – The Guardian

Posted May 7th, 2013 in bills, news, parliament, speeches by sally

“Ahead of the 2013 state opening of parliament, we look at how long the Queen’s speech has been over the last two decades, and how many bills it introduced.”

Full story

The Guardian, 7th May 2013

Source: www.guardian.co.uk

“To Decide or not to Decide, that is the Question…” – the impact of R (H) v Kingston upon Hull City Council – Family Law Week

Posted May 7th, 2013 in care orders, children, consultations, grandparents, judicial review, local government, news by sally

“Dave Phillips and Naomi Madderson, members of the child care team at 37 Park Square Chambers, consider the impact of a case in which a local authority which removed two children subject to an interim care order was judicially reviewed and in which the authors acted.”

Full story

Family Law Week, 6th May 2013

Source: www.familylawweek.co.uk

Regina (JL) v Secretary of State for Defence – WLR Daily

Posted May 7th, 2013 in appeals, enforcement, housing, human rights, law reports, repossession by sally

Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161

The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.

WLR Daily, 30th April 2013

Source: www.iclr.co.uk