Ofcom to launch unprecedented review of mobile phone speeds as shock figures reveal 3G “non-spots” – Daily Telegraph

Posted October 25th, 2013 in news, ombudsmen, reports, telecommunications by sally

Britain’s mobile phone operators could be forced by Government to invest more in next generation services after ‘shocking’ figures showed thousands of miles of roads have no 3G coverage at all.

Full story

Daily Telegraph, 24th October 2013

Source: www.telegraph.co.uk

Woman who ‘cannot work because of a shoe allergy’ sees benefits stopped – Daily Telegraph

“A woman who claimed £100,000 in disability benefits because of a shoe allergy must return to work, officials say.”

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Daily Telegraph, 24th October 2013

Source: www.telegraph.co.uk

Blackpool Council fined over ‘horrific’ Claremont Park swing injuries – BBC News

Posted October 25th, 2013 in fines, health & safety, local government, news, parks, personal injuries by sally

“Blackpool Council has been fined £18,000 after a boy suffered ‘horrific injuries’ when a park swing fell on him.”

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BBC News, 24th October 2013

Source: www.bbc.co.uk

Lord McAlpine settles libel action with Alan Davies over Twitter comment – The Guardian

Posted October 25th, 2013 in costs, damages, defamation, internet, news by sally

“Lord McAlpine has settled his libel action with Alan Davies over a tweet relating to false child sex abuse allegations, with the comedian agreeing to pay £15,000 in damages and issuing a warning to users of the social media service.”

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The Guardian, 24th October 2013

Source: www.guardian.co.uk

Newcastle United horse punch fan Barry Rogerson jailed – BBC News

Posted October 25th, 2013 in animal cruelty, horses, news, sentencing, sport, violent disorder by sally

“A Newcastle United fan who punched a police horse when trouble flared following his side’s defeat to Sunderland has been jailed for a year.”

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BBC News, 24th October 2013

Source: www.bbc.co.uk

Jailed women will serve their sentences closer to home – The Independent

Posted October 25th, 2013 in imprisonment, news, prisons, rehabilitation, sentencing, women by sally

“Women prisoners will be held as close to their homes as possible and guaranteed help to return to the outside world under measures to be announced today to break the cycle of female offending.”

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The Independent, 25th October 2013

Source: www.independent.co.uk

Press regulation: publishers seek judicial review of royal charter decision – The Guardian

Posted October 25th, 2013 in charters, freedom of expression, judicial review, media, news, parliament by sally

“A group of national newspaper publishers have launched a legal challenge to the government’s plans for press regulation, claiming that ‘irrational’ ministers have failed to apply ‘rigorous standards of consultation’ over plans for a new watchdog.”

Full story

The Guardian, 24th October 2013

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted October 24th, 2013 in parliamentary papers by tracey

The Government response to the Design refinement consultation: : decisions and safeguarding directions for Northolt and Bromford, Cm 8709 (PDF)

Source: www.official-documents.gov.uk

Report to the Joint Committee on Human Rights on the Government response to human rights judgments 2012–13 – Ministry of Justice

Posted October 24th, 2013 in human rights, judgments, parliamentary papers, reports by tracey

“This is the latest in a series of annual reports to the Joint Committee on Human Rights (JCHR) setting out the Government’s record on the implementation of adverse Human Rights judgments.”

Full report

Ministry of Justice, 24th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Landlord handed £75K confiscation order after admitting planning breaches – Local Government Lawyer

Posted October 24th, 2013 in confiscation, landlord & tenant, news, planning, proceeds of crime by tracey

“A landlord who illegally split two houses into flats has been ordered to pay a London council £75,000 under the Proceeds of Crime Act.”

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Local Government Lawyer, 23rd October 2013

Source: www.localgovernmentlawyer.co.uk

Supreme Court considers definition of “terrorism” – UK Human Rights Blog

Posted October 24th, 2013 in appeals, jury directions, news, statutory interpretation, Supreme Court, terrorism by tracey

“R v Gul (Appellant) [2013] UKSC 64, 23 October 2013 – It is a platitude that one man’s terrorist is another man’s freedom fighter. It is for precisely this reason that the international community has not been able to agree on a definition of terrorism to be embedded in international law. The issue in this appeal was whether the definition of ‘terrorism’ in the UK Terrorism Act 2000 includes military attacks by non-state armed groups against national or international armed forces in a non-international armed conflict.”

Full story

UK Human Rights Blog, 23rd October 2013

Source: www.ukhumanrightsblog.com

Regina v Smith (Kim) – WLR Daily

Posted October 24th, 2013 in appeals, confiscation, gifts, law reports, proceeds of crime, sentencing by tracey

Regina v Smith (Kim): [2013] EWCA Crim 502;   [2013] WLR (D)  398

“In proceedings for a confiscation order under the Proceeds of Crime Act 2002, the fact that an offender would not be able to recover a ‘tainted gift’ from the donee did not mean that the full value of that gift should not be counted towards the recoverable amount pursuant to section 9(1)(b) of the 2002 Act.”

WLR Daily, 8th March 2013

Source: www.iclr.co.uk

Commission of the European Union v Federal Republic of Germany – WLR Daily

Posted October 24th, 2013 in EC law, enforcement, judgments, law reports, treaties by tracey

Commission of the European Union v Federal Republic of Germany: (Case C-95/12);   [2013] WLR (D)  399

“The procedure laid down in article 260(2)FEU of the FEU Treaty had to be regarded as a special judicial procedure for the enforcement of the judgments of the court, ie a method of enforcement.”

WLR Daily, 22nd October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 24th, 2013 in law reports by tracey

Supreme Court

Szepietowski v The National Crime Agency (Rev 1) [2013] UKSC 65 (23 October 2013)

Gul, R. v [2013] UKSC 64 (23 October 2013)

Woodland v Essex County Council [2013] UKSC 66 (23 October 2013)

Court of Appeal (Civil Division)

Alphasteel Ltd v Shirkhani & Anor [2013] EWCA Civ 1272 (23 October 2013)

F (a child) [2013] EWCA Civ 1277 (23 October 2013)

HF (Iraq) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 1276 (23 October 2013)

Nitikin & Ors v Novoship (UK) Ltd & Ors [2013] EWCA Civ 1274 (23 October 2013)

PGF II SA v OMFS Company 1 Ltd [2013] EWCA Civ 1288 (23 October 2013)

Minerva Navigation Inc v Oceana Shipping AG [2013] EWCA Civ 1723 (23 October 2013)

Vagh, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1253 (23 October 2013)

Court of Appeal (Criminal Division)

Wilson v R [2013] EWCA Crim 1780 (23 October 2013)

High Court (Commercial Court)

Dubai Islamic Bank PJSC v PSI Energy Holding Company BSC & Ors [2013] EWHC 3186 (Comm) (23 October 2013)

High Court (Queen’s Bench Division)

Kesabo & Ors v African Barrick Gold Plc & Anor [2013] EWHC 3198 (QB) (23 October 2013)

PNM v Times Newspapers Ltd & Ors [2013] EWHC 3177 (QB) (22 October 2013)

Source: www.bailii.org

 

Society backs challenge to advocacy quality scheme – Law Society’s Gazette

Posted October 24th, 2013 in barristers, judicial review, Law Society, news, quality assurance by tracey

“The Law Society was today granted permission to intervene in the judicial review of the Legal Services Board’s approval of the Quality Assurance Scheme for Advocates.”

Full story

Law Society’s Gazette, 23rd October 2013

Source: www.lawgazette.co.uk

Ofcom upholds Lord McAlpine complaints – BBC News

Posted October 24th, 2013 in complaints, defamation, media, news by tracey

“Broadcasting watchdog Ofcom has upheld complaints against episodes of Newsnight and This Morning which led to Lord McAlpine being wrongly implicated in child sex abuse allegations.”

Full story

BBC News, 23rd October 2013

Source: www.bbc.co.uk

Richard III on the move again – pitched into the current judicial review debate – UK Human Rights Blog

“The Plantagenet Alliance Ltd (R o.t.a) v. Secretary of State for Justice and others, Haddon-Cave J, 18 October 2013 (PCO), and on permission, 15 August 2013. I posted here on the original judgment giving the Plantagenet Alliance permission to seek judicial review of the Secretary of State’s decision to re-bury Richard III in Leicester. At the time, the judge had made a full Protective Costs Order in favour of the Alliance, so that it would not have to pay costs if it lost. The judge had also ordered what he envisaged to be a short hearing to determine in what sum the Alliance’s costs should be capped. if it won.”

Full story

UK Human Rights Blog, 23rd October 2013

Source: www.ukhumanrightsblog.com

Amelia Bowmar death: Darryl Elliott jailed for life – BBC News

Posted October 24th, 2013 in child abuse, murder, news, sentencing by tracey

“A father-of-two who murdered his partner’s young daughter has been jailed for life.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

Christian seeks landmark ruling over Sunday shifts – Daily Telegraph

“Celestina Mba, a Christian care worker, asks the Court of Appeal to rule that she should not be forced by an employer to work on Sundays.”

Full story

Daily Telegraph, 23rd October 2013

Source: www.telegraph.co.uk

Press curbs ‘will damage Queen’s standing’ – Daily Telegraph

Posted October 24th, 2013 in charters, freedom of expression, media, news, Privy Council by tracey

“Politicians’ ‘repressive’ plans to regulate the press will undermine the country’s international standing and the reputation of the Queen, free speech groups have warned.”

Full story

Daily Telegraph, 23rd October 2013

Source: www.telegraph.co.uk