Waterloo tower block ‘threatens view of Westminster’ – BBC News

Posted June 19th, 2013 in building law, judicial review, news, planning by sally

“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Supreme Court – Measures against Iranian bank unlawful, and the secret hearing ruling – UK Human Rights Blog

“Two sets of judgments today from a 9-judge Supreme Court in the Bank Mellat case. The first explains why the Court adopted a secret procedure in the absence of the Bank (i.e. a Closed Material Procedure) but added that the whole palaver in fact added nothing to their knowledge. The second concludes that financial restrictions imposed in 2009 on an Iranian Bank which effectively excluded it from the UK financial market were arbitrary and irrational and were also procedurally unfair.”

Full story

UK Human Rights Blog, 19th June 2013

Source: www.ukhumanrightsblog.com

Payday loan ad banned for ‘£1,000 night out’ offer – Daily Telegraph

Posted June 19th, 2013 in advertising, complaints, disclosure, loans, news, telecommunications by sally

“The Advertising Standards Authority has banned a payday lender for sending text messages that encouraged people to borrow £1,000 for a night out.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

“Legislating for Responsible Capitalism”. A paper by Stephen Hockman QC – Six Pump Court

“Stephen Hockman QC has written a paper published by the Policy Network, entitled ‘Legislating for Responsible Capitalism: what it means in practice’.”

In the paper, he explores the legal amendments available to improve the monitoring, transparency and accountability of corporate practice.”

Full story (PDF)

Six Pump Court, 19th June 2013

Soruce: www.6pumpcourt.co.uk

Government to consult on whether to make imprisonment potential sanction for data protection offences – OUT-LAW.com

Posted June 19th, 2013 in consultations, data protection, enforcement, imprisonment, news by sally

“The Government is to consult on whether to introduce new laws that would make it possible for judges to send individuals to jail for offences under the Data Protection Act (DPA).”

Full story

OUT-LAW.com, 19th June 2013

Source: www.out-law.com

Farm fined after young female worker killed in unsafe tractor – Daily Telegraph

Posted June 19th, 2013 in agriculture, fines, guilty pleas, health & safety, news by sally

“A farm has been fined £80,000 after a young farm worker was killed when the tractor she was driving overturned in a sloping field.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Shed ban for drug grower Simon Redclift of Dinas Powys – BBC News

Posted June 19th, 2013 in bail, drug offences, news by sally

“A former cannabis user is dismantling the garden shed where he used to grow his drugs after being banned from going inside it by a judge.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

FCA fines rogue property trader nearly £1m – The Guardian

Posted June 19th, 2013 in costs, financial services ombudsman, fines, housing, mortgages, news, valuation by sally

“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

CQC: too big a remit, too little funding? – Daily Telegraph

Posted June 19th, 2013 in hospitals, news, social services, standards by sally

“With a smaller budget than the watchdogs it replaced, the Care Quality Commission has had a struggle on its hands.”

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Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Supreme court quashes Iran bank sanctions and criticises secret hearings – The Guardian

Posted June 19th, 2013 in banking, closed material, Iran, news, nuclear weapons, private hearings, sanctions by sally

“The government’s enthusiasm for secret courts has been set back after the UK’s most senior judges quashed anti-terrorist sanctions imposed on an Iranian bank and dismissed the intelligence involved as insignificant.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

‘Naked rambler’ Stephen Gough jailed for breaching Asbo – The Independent

Posted June 19th, 2013 in ASBOs, news, public order, sentencing by sally

“The ‘naked rambler’ has been jailed for 11 months after being found guilty of breaching an anti-social behaviour order (Asbo) banning him from being naked in public just minutes after it was imposed.”

Full story

The Independent, 19th June 2013

Source: www.independent.co.uk

Judges and Policy: A Delicate Balance – Speech by Lord Neuberger

Judges and Policy: A Delicate Balance (PDF)

Speech by Lord Neuberger

Institute for Government, 18th June 2013

Source: www.supremecourt.gov.uk

Prism: how can this level of state surveillance be legal? – The Guardian

“It’s hard to see how any system that captures data from millions of law-abiding citizens satisfies our right to privacy”

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The Guardian, 18th June 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 19th, 2013 in legislation by sally

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) (Amendment) Regulations 2013

The Mid Staffordshire NHS Foundation Trust (Trust Special Administrators Extension of Time) Order 2013

Source: www.legislation.gov.uk

Iraq damages cases: Supreme Court rules families can sue – BBC News

Posted June 19th, 2013 in appeals, armed forces, compensation, duty of care, human rights, Iraq, negligence, news by sally

“The families of soldiers killed in Iraq can pursue damages against the government under the Human Rights Act, the Supreme Court has ruled.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

BAILII: Recent Decisons

Posted June 19th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Lodge, R v [2013] EWCA Crim 987 (18 June 2013)

ZN, R v [2013] EWCA Crim 989 (18 June 2013)

Hussain, R. v (unauthorised disclosure of a draft judgment) (Rev 1) [2013] EWCA Crim 990 (10 May 2013)

Court of Appeal (Civil Division)

Cronin v The Greyhound Board of Great Britain Ltd [2013] EWCA Civ 668 (18 June 2013)

Emptage v Financial Services Compensation Scheme Ltd [2013] EWCA Civ 729 (18 June 2013)

High Court (Family Division)

B v B [2013] EWHC 1232 (Fam) (21 May 2013)

A (A Child) (Vulnerable Witness), Re [2013] EWHC 1694 (Fam) (17 June 2013)

High Court (Queen’s Bench Division)

White Digital Media Ltd v Weaver & Anor [2013] EWHC 1681 (QB) (18 June 2013)

High Court (Chancery Division)

Barden v Commodities Research Unit & Ors [2013] EWHC 1633 (Ch) (18 June 2013)

High Court (Administrative Court)

Mengesha v Commissioner of Police of the Metropolis [2013] EWHC 1695 (Admin) (18 June 2013)

Source: www.bailii.org

Prest v Prest and others – WLR Daily

Prest v Prest and others [2013] UKSC 34; [2013] WLR (D) 237

“If a person was under an existing legal obligation or liability, or subject to an existing legal restriction, which he deliberately evaded or the enforcement he deliberately frustrated by interposing a company under his control, the court could ‘pierce the corporate veil’ but only for the purpose of depriving the company or its controller of the advantage which they would otherwise have obtained by the company’s separate legal personality.”

WLR Daily, 12th June 2013

Source: www.iclr.co.uk

Independent approval for undercover policing – Home Office

Posted June 19th, 2013 in intelligence services, investigatory powers, legislation, news, police by sally

“Damian Green announces proposals for new legislation for undercover policing operations.”

Full story

Home Office, 18th June 2013

Source: www.gov.uk/home-office

Short Cuts – London Review of Books

“A fundamental shift in the relationship between the government and the governed is taking place: by restricting access to the law, the state is handing itself an alarming immunity from legal scrutiny. There are several aspects to this: the partial or total withdrawal of state financial support for people who lack the means to pay for legal advice and representation; and for those who can pay, a restriction on which kinds of decision by public bodies can be challenged. In the area in which I work, criminal law, defendants who receive legal aid will lose the right to choose who represents them in court. Meanwhile, the misleadingly named Justice and Security Act, passed earlier this year, enables the government to conceal evidence from litigants by using national security as a trump card. All this is accompanied by an unbending hostility to human rights law, tainted by its association with Europe, even though this legislation at least offers the weak the possibility of redress for abuses by public authorities.”

Full story

London Review of Books, 6th June 2013

Source: www.lrb.co.uk

The Neuberger Experiment – BBC Law in Action

Posted June 19th, 2013 in equality, judiciary, news, women by sally

“There are 12 judges in the Supreme Court and only one, Lady Hale, is a woman. Last March on Law in Action, Lord Neuberger – the president of the court – told us it was unfair that there are so few women in the senior judiciary. But, he wondered, do women judge differently from men?

Lord Neuberger wasn’t sure – and he set us a little challenge, one we have called the ‘Neuberger Experiment’. With the help of law students at Durham University, we attempt to discover whether male and female judges really do judge differently. Then we put our findings to Lady Hale.”

Listen

BBC Law in Action, 18th June 2013

Source: www.bbc.co.uk