How to tweet without ending up in prison – The Guardian

‘An ill-judged tweet can land you in a whole lot of legal bother, as Peaches Geldof and Sally Bercow know only too well. So the attorney general’s new guidelines are essential reading.’

Full story

The Guardian, 4th December 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 9th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Swan Housing Association Ltd v Gill [2013] EWCA Civ 1566 (09 December 2013)

High Court (Queen’s Bench Division)

Kagalovsky & Anor v Balmore Invest Ltd & Ors [2013] EWHC 3876 (QB) (09 December 2013)

AXA Insurance UK Plc v Rossiter [2013] EWHC 3805 (QB) (05 December 2013)

High Court (Administrative Court)

P (DRC), R (On the Application Of) v Secretary of State for the Home Department [2013] EWHC 3879 (Admin) (09 December 2013)

Ku, R (On the Application Of) v The Secretary of State for the Home Department [2013] EWHC 3881 (Admin) (09 December 2013)

High Court (Commercial Court)

Baturina v Chistyakov [2013] EWHC 3537 (Comm) (14 November 2013)

Source: www.bailii.org

Jurors who search web during cases could be jailed under new proposals – The Guardian

‘Jurors should face up to two years in prison if they search the internet for information about cases beyond what is revealed in court, the Law Commission has recommended.’

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Boat race protester Trenton Oldfield wins appeal against deportation – The Guardian

Posted December 9th, 2013 in appeals, demonstrations, deportation, families, immigration, news by sally

“Trenton Oldfield, an Australian protester who leapt into the Thames to disrupt the Oxford versus Cambridge boat race, will not be sent back to Australia, an immigration judge has said.”

Full story

The Guardian, 9th December 2013

Source: www.guardian.co.uk

Finance and Divorce Update – Family Law Week

‘Jessica Craigs, senior solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the financial remedies and divorce news and cases published in November.’

Full story

Family Law Week, 6th December 2013

Source: www.familylawweek.co.uk

The Shortcomings of Computer-Generated Exhibits – Criminal Law and Justice Weekly

Posted December 9th, 2013 in computer programs, evidence, juries, news by sally

‘Guidelines should be given on the use of computer-generated exhibits, Dr Gareth Norris writes.’

Full story

Criminal Law and Justice Weekly,

Source: www.criminallawandjustice.co.uk

Mba v Merton London Borough Council – WLR Daily

Mba v Merton London Borough Council [2013] EWCA Civ 1562; [2013] WLR (D) 474

‘A provision put in place by a council care home requiring a worker who was a Christian whose genuine belief that Sunday was a day of worship and rest to work on Sundays as rostered discriminated against the worker but was a proportionate means of achieving the legitimate aim of running the care home effectively.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Smith v Secretary of State for Energy and Climate Change – WLR Daily

Smith v Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585; [2013] WLR (D) 473

‘In order for the court to have jurisdiction to make an order under CPR r 31.16 for disclosure before proceedings had started, it was not a requirement that the applicant have an arguable case in those proceedings.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina v J and others – WLR Daily

Regina v J and others [2013] EWCA Crim 2287; [2013] WLR (D) 472

‘Where an offence under section 1 of the Prevention of Corruption Act 1906 was alleged it was not necessary for the prosecution to prove, as an ingredient of the offences under that section, that the principal did not know of the payment and did not give his informed consent. It was only necessary to prove that the payment made for the prohibited purpose was made corruptly.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Pokhriyal v Secretary of State for the Home Department Hussain v Same – WLR Daily

Pokhriyal v Secretary of State for the Home Department; Hussain v Same [2013] EWCA Civ 1568; [2013] WLR (D) 471

‘Paragraph 120B of Appendix A to the Statement of Changes in Immigration Rules did not require that an academic institution accepting students from abroad for continuing studies under the points based system should expressly state that a proposed course constituted academic progress. The mere issue of a certificate of acceptance for studies constituted an assertion to that effect.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Nordecon AS and another v Rahandusministeerium – WLR Daily

Posted December 9th, 2013 in appeals, contracts, EC law, law reports, news, public procurement, tenders by sally

Nordecon AS and another v Rahandusministeerium (Case C-561/12); [2013] WLR (D) 470

‘Article 30(2) of Parliament and Council Directive 2004/18/EC did not allow a contracting authority to negotiate with tenderers tenders that did not comply with the mandatory requirements laid down in the technical specifications of the contract as published.’

WLR Daily, 5th December 2013

Source: www.iclr.co.uk

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) – WLR Daily

Posted December 9th, 2013 in appeals, benefits, equality, law reports, mental health, tribunals by sally

Regina (MM and another) v Secretary of State for Work and Pensions (Mind and others intervening) [2013] EWCA Civ 1565 ; [2013] WLR (D) 469

‘The current process for assessing eligibility for employment and support allowance by way of a questionnaire and face-to-face interview placed mental health patients at a substantial disadvantage compared with other claimants. The Secretary of State therefore was under a duty under the Equality Act 2010 to make a reasonable adjustment to accommodate them.’

WLR Daily, 4th December 2013

Source: www.iclr.co.uk

Paying the price for speaking freely about FIFA – the Triesman libel proceedings – Sports Law Bulletin from Blackstone Chambers

‘The Court of Appeal will soon be delivering judgment in a high-profile clash between the head of Thailand’s football federation, Dato Worawi Makudi, and Lord Triesman, the former chairman of the FA, which raises an issue of high constitutional importance.’

Full story

Sports Law Bulletin from Blackstone Chambers, 9th December 2013

Source: www.sportslawbulletin.org

Drug courier jailed for supplying heroin to grandmother who hid stash amongst Cornish pasties – The Independent

Posted December 9th, 2013 in conspiracy, drug trafficking, news, sentencing by sally

‘A drug courier who supplied a grandmother with heroin which she hid among her supply of Cornish pasties has been jailed for three years.’

Full story

The Independent, 7th December 2013

Source: www.independent.co.uk

Council ordered to fund support for disabled Roma boy when outside area – Local Government Lawyer

‘A High Court judge has ruled that a council has the power to provide support for a disabled child even when his Roma Gypsy family are working in different parts of the country and outside the council’s borders.’

Full story

Local Government Lawyer, 6th December 2013

Source: www.localgovernmentlawyer.co.uk

TalkTalk v Ofcom – the Court of Appeal stresses that market definition is a tool not an end – Competition Bulletin from Blackstone Chambers

Posted December 9th, 2013 in appeals, competition, news, telecommunications by sally

‘The Court of Appeal, in TalkTalk v Ofcom [2013] EWCA Civ 1318, recently gave an important reminder to all competition practitioners that market definitions are a tool rather than an end: what matters is substance not form.’

Full story

Competition Bulletin from Blackstone Chambers, 9th December 2013

Source: www.competitionbulletin.com

High Court judge warns of dangers of lawyers “over-specialising” – Legal Futures

Posted December 9th, 2013 in barristers, jurisdiction, legal education, legal profession, news, queen's counsel by sally

‘Specialisation in the legal profession has narrowed to the point where it is possible for a barrister to become a Queen’s Counsel without ever having cross-examined a witness, according to Mr Justice Rabinder Singh.’

Full story

Legal Futures, 6th December 2013

Source: www.legalfutures.co.uk

Continued detention pending removal of failed asylum seeker on hunger strike not unlawful – UK Human Rights Blog

‘The Court of Appeal has ruled that the secretary of state for the Home Department had the power to detain an immigration detainee in hospital to ensure that he received appropriate medical treatment pending his removal from the United Kingdom.’

Full story

UK Human Rights Blog, 6th December 2013

Source: www.ukhumanrightsblog.com

The Permissive Notice – NearlyLegal

Posted December 9th, 2013 in appeals, interpretation, landlord & tenant, news, repossession by sally

‘Spencer v Taylor [2013] EWCA Civ 1600. This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and so we can give a proper report.’

Full story

NearlyLegal, 8th December 2013

Source: www.nearlylegal.co.uk

Judges to rule on ‘right to die’ – Daily Telegraph

Posted December 9th, 2013 in appeals, assisted suicide, bills, human rights, judiciary, news, Supreme Court by sally

‘A panel of Britain’s most senior judges are preparing to make a landmark ruling over attempts to introduce a ”right to die” under human rights legislation.’

Full story

Daily Telegraph, 8th December 2013

Source: www.telegraph.co.uk