Legal proceedings begin against travellers occupying NHS car park – Daily Telegraph

Posted October 23rd, 2013 in hospitals, news, repossession, squatting, travellers by tracey

“Legal proceedings start against a group of French travellers occupying a hospital car park in Newport, south Wales.”

Full story

Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

Inquest finds police failings over killings of woman and toddler son – The Guardian

Posted October 23rd, 2013 in complaints, domestic violence, inquests, inquiries, mental health, murder, news, ombudsmen, police by tracey

“Police failings ‘more than minimally’ contributed to the deaths of a pregnant mother and child who were stabbed to death by the woman’s former partner days after she went to the police for help, an inquest jury has ruled.”

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The Guardian, 22nd October 2013

Source: www.guardian.co.uk

Vulnerable elderly ‘locked out’ of state-funded care despite reforms, study finds – Daily Telegraph

Posted October 23rd, 2013 in benefits, budgets, care homes, carers, charities, elderly, local government, news by tracey

“Hundreds of thousands of frail elderly and disabled people who need help with basic tasks such as washing and dressing will receive no assistance towards the cost of their care, despite Government reforms, experts have warned.”

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Daily Telegraph, 22nd October 2013

Source: www.telegraph.co.uk

New curbs on whiplash fraud – Daily Telegraph

“All whiplash victims will have to be assessed by accredited doctors as ministers look to cut the bill faced by insurers and the premiums paid by motorists.”

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Daily Telegraph, 23rd Ocotber 2013

Source: www.telegraph.co.uk

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.”

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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.”

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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.”

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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.”

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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.”

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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