Day: 21 June 2013

Psychic TV channels fined over Michael Jackson and Milly Dowler claims – The Guardian

Posted June 21st, 2013 in codes of practice, fines, media, news, psychics by tracey

“Two television channels have been fined a total of £22,500 after they featured psychics making claims about Michael Jackson and Milly Dowler. Psychic Today and Big Deal were in breach of broadcasting rules after they showed a psychic telling viewers she had been involved in the police investigation into the death of the murdered schoolgirl, the regulator, Ofcom, said.”

Full story

The Guardian, 21st June 2013

Source: www.guardian.co.uk

Motorist spared jail over death of veteran cyclist Leonard Grayson – The Guardian

Posted June 21st, 2013 in bicycles, careless driving, homicide, news by tracey

“A driver who killed one of England’s top veteran cyclists when he ploughed into him during a race has been spared jail after a court heard how his brief lapse of concentration led to a devastating accident that ‘could have happened to anybody’.”

Full story

The Guardian, 21st June 2013

Source: www.guardian.co.uk

Jamie Dack bin murder trial: Three people found guilty – BBC News

Posted June 21st, 2013 in murder, news, retrials by tracey

“Three people have been found guilty of killing a homeless man in Southampton and burning his body in a bin.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

Google told to delete Street View payload data or face UK prosecution – The Guardian

Posted June 21st, 2013 in computer programs, contempt of court, data protection, internet, news by tracey

“Google has been threatened with criminal proceedings by the information commissioner’s office (ICO) over data secretly collected by its Street View cars in the UK.”

Full story

The Guardian, 21st June 2013

Source: www.guardian.co.uk

Jeremy Forrest abduction case: Teacher admits sex charges – BBC News

Posted June 21st, 2013 in child abduction, guilty pleas, news, sexual grooming, sexual offences, teachers by tracey

“A teacher has been jailed for five and a half years for abducting and having sex with a 15-year-old pupil he ran off with to France.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

Vietnamese trafficking victims win appeal against convictions – BBC News

Posted June 21st, 2013 in appeals, children, news, trafficking in human beings by tracey

“Three children from Vietnam who were trafficked to the UK and forced to work for criminal gangs have had their criminal convictions quashed.”

Full story

BBC News, 21st June 2013

Source: www.bbc.co.uk

Abu Qatada extradition treaty finalised by British Parliament – Daily Telegraph

Posted June 21st, 2013 in deportation, extradition, news, parliament, terrorism, treaties by tracey

“An extradition treaty to pave the way for Abu Qatada’s removal from Britain
after a near decade-long saga has been approved by Parliament.”

Full story

Daily Telegraph, 21st June 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted June 21st, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Clarke Investments Ltd v Pacific Technologies [2013] EWCA Civ 750 (21 June 2013)

LB Re Financing No 1 Ltd & 36 Ors v Lehman Brothers Pension Scheme Trustees & Anor [2013] EWCA Civ 751 (21 June 2013)

Cruddas v Calvert & Ors [2013] EWCA Civ 748 (21 June 2013)

Kyla Shipping Company Ltd v Bunge SA [2013] EWCA Civ 734 (20 June 2013)

Court of Appeal (Criminal Division)

L & Ors v The Children’s Commissioner for England & Anor [2013] EWCA Crim 991 (21 June 2013)

Hoggard, R. v [2013] EWCA Crim 1024 (20 June 2013)

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

High Court (Administrative Court)

Tuba v County Regional Court of Gyor-Monson-Sopron, Hungary [2013] EWHC 1767 (Admin) (21 June 2013)

Mohammed v The Court of Appeal, Paris [2013] EWHC 1768 (Admin) (21 June 2013)

Goode, R (on the application of) v The Crown Court At Nottingham [2013] EWHC 1726 (Admin) (20 June 2013)

Commissioner of Police for the Metropolis, R (on the application of) v Police Appeals Tribunal & Anor [2013] EWHC 1684 (Admin) (20 June 2013)

Forest of Dean Friends of the Earth v Forest of Dean District Council [2013] EWHC 1567 (Admin) (20 June 2013)

Raabe, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1736 (Admin) (20 June 2013)

High Court (Chancery Division)

Apex Global Management Ltd v (Fi Call Ltd & Ors [2013] EWHC 1652 (Ch) (20 June 2013)

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

High Court (Queen’s Bench Division)

Bedford v Bedfordshire County Council [2013] EWHC 1717 (QB) (21 June 2013)

Worcestershire County Council & Anor v HM Coroner for the County of Worcestershire [2013] EWHC 1711 (QB) (20 June 2013)

Source: www.bailii.org

Why NSA surveillance is a threat to British doctors and lawyers – The Guardian

Posted June 21st, 2013 in confidentiality, intelligence services, internet, news, privacy by tracey

“Professionals using cloud services will have to guard against the danger of patients and clients being snooped on.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk

Emptage v Financial Services Compensation Scheme Ltd – WLR Daily

Posted June 21st, 2013 in appeals, compensation, financial advice, financial regulation, law reports, mortgages, negligence by tracey

Emptage v Financial Services Compensation Scheme Ltd: [2013] EWCA Civ 729; [2013] WLR (D) 242

“Where a broker had negligently advised a client to take out an interest-only mortgage and make an investment in foreign property in the expectation that the investment would pay off the entirety of the mortgage, the Financial Services Compensation Scheme Ltd was required to take into account both elements of the advice when assessing the client’s compensation for the broker’s breach of duty as a mortgage adviser under the scheme’s rules.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another – WLR Daily

Posted June 21st, 2013 in appeals, enfranchisement, landlord & tenant, law reports, leases, valuation, wills by tracey

Cravecrest Ltd v Trustees of the Will of the Second Duke of Westminster and another: [2013] EWCA Civ 731; [2013] WLR (D) 243

“Where there were intermediate leases which subsisted between the freehold and the leases of the participating tenants and which were to be acquired by the nominee purchaser on the collective enfranchisement, and a single owner of those leases or of those leases and the freehold could realise development value by developing the property for use other than as a building containing separate flats, the hope of realising such development value had to be taken into account in fixing the price to be paid for the intermediate leases.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted June 21st, 2013 in legislation by tracey

The Justice and Security Act 2013 (Commencement, Transitional and Saving Provisions) Order 2013

The Planning Act 2008 (Nationally Significant Infrastructure Projects) (Electric Lines) Order 2013

The Cosmetic Products Enforcement Regulations 2013

The Plant Health (England) (Amendment) (No.2) Order 2013

The Social Security (Croatia) Amendment Regulations 2013

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013

The Burma (Sanctions) (Overseas Territories) Order 2013

The Zimbabwe (Sanctions) (Overseas Territories) (Suspension and Amendment) Order 2013

The European Communities (Designation) Order 2013

The Iran (Restrictive Measures) (Overseas Territories) (Amendment) (No. 2) Order 2013

The Somalia (Sanctions) (Overseas Territories) (Amendment) Order 2013

The Transfer of Functions (Age-Related Payments) Order 2013

The Growth and Infrastructure Act 2013 (Commencement No. 2 and Transitional and Saving Provisions) Order 2013

Source: www.legislation.gov.uk

Guidance for Magistrates involved in scrutiny of out of court disposals – Judiciary of England and Wales

Posted June 21st, 2013 in cautions, codes of practice, judges, magistrates, news, penalties by tracey

“Guidance issued by the Senior Presiding Judge, Lord Justice Gross.”

Full guidance

Judiciary of England and Wales, 17th June 2013

Source: www.judiciary.gov.uk

Regulator’s handling of complaints against barristers ‘prompt, thorough and fair’ – Bar Standards Board

Posted June 21st, 2013 in barristers, complaints, press releases, reports, standards by tracey

“Complaints against barristers are handled promptly and fairly, according to a new independent report published today.”

Full story

Bar Standards Board, 21st June 2013

Source: www.barstandardsboard.org.uk

Judicial Review almost never possible where there is a statutory right of appeal – UK Human Rights Blog

Posted June 21st, 2013 in appeals, financial regulation, judicial review, news, reasons, tribunals by tracey

“(on the application of Christopher Wilford) v The Financial Services Authority [2013] EWCA Civ 677. This Court of Appeal judgment further reduces the scope for judicial review of a Decision Notice issued by the Financial Services Authority (‘the FSA’, now the Financial Conduct Authority). Indeed it comes close to excluding judicial review of these Notices. This is because there is a statutory mechanism for challenging Decision Notices. This case sheds light on the very limited role of judicial review where there is such a statutory right.”

Full story

UK Human Rights Blog, 21st June 2013

Source: www.ukhumanrightsblog.com

“Snatch Rover” case – inviting judges into the theatre of war? – UK Human Rights Blog

Posted June 21st, 2013 in armed forces, human rights, jurisdiction, negligence, news, Supreme Court, treaties, war by tracey

“Smith and Others (Appellants) v The Ministry of Defence (Respondent) and other appeals. So, the Supreme Court has refused to allow these claims to be struck out on the principle of combat immunity. It has also asserted that jurisdiction for the purpose of an Article 2 right to life claim can extend to non-Convention countries, and that the state can owe a positive duty to protect life, even in a situation of armed combat.”

Full story

UK Human Rights Blog, 20th June 2013

Source: www.ukhumanrightsblog.com

Construction of Patents – Lizzanno Partitions (UK) Ltd v Interiors Manufacturing Ltd – NIPC Law

Posted June 21st, 2013 in news, patents by tracey

” The decision of Mr Justice Birss (as he now is) in Lizzanno Partitions (UK) Ltd v Interiors Manufacturing Ltd [2013] EWPCC 12 (11 April 2013) is an object lesson in claim construction.”

Full story

NIPC LAw, 17th June 2013

Source: www.nipclaw.blogspot.co.uk

Updated statute book won’t make anyone a legal expert; but it’s a start – Halsbury’s Law Exchange

Posted June 21st, 2013 in legal education, legislation, legislative drafting, news by tracey

“I’ve been following the Parliamentary Counsel’s laudable ‘good law’ initiative with interest (details on the Cabinet Office site here). The aim of the initiative is to have law that is #necessary, clear, coherent, effective and accessible’. The focus, perhaps naturally for the OPC, is on the complexity and drafting of legislation. Their document ‘When laws become too complex’ is well worth a read for anyone who regularly deals with legislation.The first thing that strikes me is that this initiative is really about good legislation rather than good law since case law doesn’t get much of a mention. But, for the sake of argument, let’s agree that good legislation gets us half way to good law and is worth our consideration.”

Full story

Halsbury’s Law Exchange, 20th June 2013

Source: www.halsburyslawexchange.co.uk

Nicholas Bevan believes catastrophically injured claimants deserve better treatment from the insurance industry – New Law Journal

Posted June 21st, 2013 in damages, insurance, news, periodical payments, personal injuries by tracey

“The Court of Appeal’s ruling in Follett v Wallace [2013] EWCA Civ 146, [2013] All ER (D) 57 (Mar) should give practitioners pause for thought. This was one of those tragic catastrophic injury claims where the victim was left with extensive life-long care needs. Neither liability nor quantum was disputed. Both parties were agreed to part of the claimant’s compensatory entitlement being paid under a periodical payments order (PPO).”

Full story

New Law Journal, 20th June 2013

Source: www.newlawjournal.co.uk

Children: Private Law update (May 2013) – Family Law Week

Posted June 21st, 2013 in children, contact orders, domestic violence, news, parental responsibility, removal directions by tracey

“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”

Full story

Family Law Week, 19th June 2013

Source: www.familylawweek.co.uk