Lord McAlpine libel row with Sally Bercow formally settled in high court – The Guardian

Posted October 22nd, 2013 in damages, defamation, internet, news by tracey

“Sally Bercow has apologised for ‘irresponsible use of Twitter’ and agreed to pay undisclosed damages to peer, court told.”

Full story

The Guardian, 22nd October 2013

Source: www.guardian.co.uk

Hoax bomb threat bridegroom is jailed in Liverpool – BBC News

Posted October 22nd, 2013 in bomb hoaxing, guilty pleas, news, sentencing by tracey

“A would-be bridegroom who made a hoax bomb threat to a wedding venue after realising he had failed to confirm his booking has been jailed.”

Full story

BBC News, 22nd October 2013

Source: www.bbc.co.uk

LSB issues report outlining changes in competition in the legal services market – Legal Services Board

Posted October 22nd, 2013 in competition, legal services, Legal Services Board, press releases, reports by tracey

“LSB report outlining changes in competition in the legal services market since the Legal Services Act 2007 came into force.”

Full press release

Legal Services Board, 22nd October 2013

Source: www.legalservicesboard.org.uk

Fiduciary Duties of Investment Intermediaries – Law Commission

Posted October 22nd, 2013 in consultations, fiduciary duty, Law Commission, pensions, trusts by tracey

“Consultation reviewing the obligations on investment intermediaries to act in the interests of savers.”

Full consultation

Law Commission, 22nd October 2013

Source: www.justice.gov.uk/lawcommission

Justice in one fixed place or several? – the Lord Chief Justice

Posted October 22nd, 2013 in civil justice, courts, judiciary, legal history, legal profession, speeches by tracey

“Birkenhead Lecture by the Lord Chief Justice, 22/10/2013.”

Full speech

Judiciary of England and Wales, 21st October 2013

Source: www.judiciary.gov.uk

Revision of the PACE codes of practice A, B, C, E, F and H – CrimeLine

Posted October 22nd, 2013 in codes of practice, news, police, regulations by tracey

“Revision of the PACE codes of practice A, B, C, E, F and H.”

Full story

CrimeLine, 21st October 2013

Source: www.www.crimeline.info

Coroners inquest enough to satisfy Article 2 in mental health suicide case – UK Human Rights Blog

Posted October 22nd, 2013 in human rights, inquests, mental health, news, suicide by tracey

“R (Antoniou) v (1) Central and North West London NHS Foundation Trust; (2) Secretary of State for Health; (3) NHS England [2013] EWHC 3055 (Admin).Where a patient, detained in hospital under Section 3 of the Mental Health Act 1983, takes their own life, Article 2 imposes procedural obligations on the State to investigate the circumstances of the death. These obligations are fulfilled by a coroner’s inquest. Unlike in prison and police station deaths, there need not be any independent investigation system prior to the inquest stage, and nor does Article 2 require one.”

Full story

UK Human Rights Blog, 22nd October 2013

Source: www.ukhumanrightsblog.com

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by tracey

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

Full story

Panopticon, 22nd October 2013

Source: www.panopticonblog.com

Pension liberation schemes were “occupational”, High Court rules, as HMRC tightens procedures – OUT-LAW.com

Posted October 22nd, 2013 in HM Revenue & Customs, news, pensions by tracey

“A number of pension schemes which allowed members to access their savings before the minimum retirement age should be classed as ‘occupational’ schemes, the High Court has ruled.”

Full story

OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com

Posted October 22nd, 2013 in data protection, EC law, judgments, news by tracey

“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”

Full story

OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

A Rough Guide to the Civil Appeal System in England and Wales – Garden Court Chambers Blog

Posted October 22nd, 2013 in appeals, civil justice, courts, judicial review, news, Supreme Court, tribunals by tracey

“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”

Full story

Garden Court Chambers Blog, 22nd October 2013

Source: www.gclaw.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 22nd, 2013 in legislation by tracey

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013

The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013

The Plant Health (England) (Amendment) (No.3) Order 2013

The Mid Staffordshire NHS Foundation Trust (Trust Special Administrators Extension of Time)(No. 2) Order 2013

The Providers of Social Work Services (England) Regulations 2013

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013

The Children and Young Persons Act 2008 (Commencement No. 5) (England) Order 2013

The Civil Enforcement of Parking Contraventions Designation Order 2013

The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes A, B, C, E, F and H) Order 2013

The National Health Service (Licence Exemptions, etc.) Regulations 2013

Source: www.legislation.gov.uk

Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another – WLR Daily

Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another: [2013] UKSC 63;   [2013] WLR (D)  392

“The statutory blanket ban on convicted prisoners voting was incompatible with article 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. However, where a declaration of incompatibility had already been made in other proceedings and the matter was under active consideration by Parliament, a further declaration of incompatibility, being a discretionary remedy, was not appropriate.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Schwarz v Stadt Bochum – WLR Daily

Posted October 22nd, 2013 in EC law, fingerprints, law reports, news, passports, proportionality by tracey

Schwarz v Stadt Bochum: (Case C‑291/12);   [2013] WLR (D)  386

“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

Emrek v Sabranovic – WLR Daily

Emrek v Sabranovic: (Case C-218/12);   [2013] WLR (D)  390

“Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters did not require the existence of a causal link between the means employed to direct the commercial or professional activity to the member state of the consumer’s domicile. However, the existence of such a causal link constituted evidence of the connection between the contract and such activity.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

Mittal v Mittal – WLR Daily

Mittal v Mittal: [2013] EWCA Civ ;   [2013] WLR (D)  391

“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Mittal v Mittal [2013] EWCA Civ 1255 (18 October 2013)

Sarjantson v Humberside Police [2013] EWCA Civ 1252 (18 October 2013)

C (A Child) [2013] EWCA Civ 1257 (18 October 2013)

High Court (Administrative Court)

Gleeson Developments Ltd., R (on the application of) v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3166 (Admin) (21 October 2013)

SA v London Borough of Camden & Ors [2013] EWHC 3152 (Admin) (18 October 2013)

The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1) [2013] EWHC 3164 (Admin) (18 October 2013)

Muhammad & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3157 (Admin) (17 October 2013)

High Court (Chancery Division)

PI Consulting (Trustee Services) Ltd v The Pensions Regulator & Ors [2013] EWHC 3181 (Ch) (21 October 2013)

Bentine v Bentine [2013] EWHC 3098 (Ch) (17 October 2013)

High Court (Commercial Court)

Madoff Securities International Ltd v Raven & Ors [2013] EWHC 3147 (Comm) (18 October 2013)

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain [2013] EWHC 2840 (Comm) (17 October 2013)

High Court (Queen’s Bench Division)

Davison v Leitch [2013] EWHC 3092 (QB) (18 October 2013)

High Court (Technology and Construction Court)

Glendalough Associated SA v Harris Calnan Construction Co Ltd [2013] EWHC 3142 (TCC) (21 October 2013)

Arroyo & Ors v Equion Energia Ltd [2013] EWHC 3173 (TCC) (18 October 2013)

Arroyo & Ors v Equion Energia Ltd [2013] EWHC 3150 (TCC) (18 October 2013)

Co-Operative Group Ltd v Birse Developments Ltd [2013] EWHC 3145 (TCC) (17 October 2013)

Source: www.bailii.org

 

Regulators reject plans for a legal education training council – Law Society’s Gazette

Posted October 22nd, 2013 in legal education, news, Solicitors Regulation Authority by tracey

“Regulators have rejected plans for a legal education council as a ‘distracting talking shop’. The council was proposed in the report of the Legal Education and Training Review in June.”

Full story

Law Society’s Gazette, 21st October 2013

Source: www.lawgazette.co.uk

Alcohol Testing – What are the options? – Family Law Week

Posted October 22nd, 2013 in alcohol abuse, evidence, news by tracey

“Julie Stather, barrister, of 42 Bedford Row and Farooq Ahmed, barrister, of 7 Bedford Row consider the advantages and disadvantages of the various methods available for alcohol testing.”

Full story

Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Dentist who submitted claims for dead patients struck off – Daily Telegraph

“A dentist jailed for conning the NHS out of more than £1.3 million to fund her ‘globe trotting’ lifestyle and taste for designer shoes has been struck off by the dental regulator.”

Full story

Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk