Day: 17 March 2014

Government Response to the Justice Select Committee’s Report ‘Crown Dependencies: developments since 2010’ – Ministry of Justice

Posted March 17th, 2014 in Crown, Guernsey, Jersey, parliamentary papers by tracey

‘Her Majesty’s Government welcomes the Justice Select Committee’s latest report on the relationship between the UK and the Crown Dependencies. This relationship is a valuable, historical and special one and the Government accordingly takes its responsibilities towards the Islands very seriously.’

Full text

Ministry of Justice, 17th March 2014

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

Increased sentence handed to violent Penzance rapist – Attorney General’s Office

Posted March 17th, 2014 in appeals, press releases, rape, sentencing by tracey

‘After reference from Solicitor General, Court of Appeal increases sentence of Lee David Hosking from 9 and a half years’ imprisonment to 13.’

Full press release

Attorney General’s Office, 14th March 2014

Source: www.gov.uk/ago

Mormon Tax, Posthumous Procreation and Stephen Lawrence Spying – the Human Rights Roundup – UK Human Rights Blog

Posted March 17th, 2014 in elderly, human rights, mental health, news, police, religious discrimination, spying, taxation by tracey

‘In the human rights news this week, Theresa May calls for a public inquiry into undercover police officers after the publication of the independent review into spying on the family of Stephen Lawrence. Elsewhere, Mormons take on the taxman, the High Court considers how to interpret the law on storing embryos and gametes after death and a House of Lords Committee publishes a major report into the operation of the Mental Capacity Act.’

Full story

UK Human Rights Blog, 16th March 2014

Source: www.ukhumanrightsblog.com

CA says Prince Charles’ advocacy letters should be produced – UK Human Rights Blog

Posted March 17th, 2014 in appeals, disclosure, freedom of information, lobbying, news, royal family by tracey

‘R (o.t.a Rob Evans) v. Attorney-General, Information Commissioner Interested Party, 12 March 2014.The Court of Appeal (reversing a strong court including the former Lord Chief Justice – see my previous post) has decided that correspondence between the Prince of Wales and various government departments should be released. A Guardian journalist had made a request under the Freedom of Information Act and the Environmental Information Regulations to see these documents. The Upper Tribunal had agreed that they should be disclosed.’

Full story

Uk Human Rights Blog, 16th March 2014

Source: www.ukhumanrightsblog.com

Márquez Samohano v Universitat Pompeu Fabra – WLR Daily

Posted March 17th, 2014 in contract of employment, EC law, fixed-term contracts, law reports, universities by tracey

Márquez Samohano v Universitat Pompeu Fabra: (Case C-190/13); [2014] WLR (D)  129

‘Clause 5 of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, did not preclude national rules which allowed universities to renew successive fixed term employment contracts concluded with associate lecturers, with no limitation as to the maximum duration and the number of renewals of those contracts, where such contracts were justified by an objective reason within the meaning of clause 5(1)(a), which was a matter for the referring court to verify. It was also for that court to ascertain that whether the renewal of the successive fixed-term employment contracts at issue was actually intended to cover temporary needs and that rules were not, in fact, used to meet fixed and permanent needs in terms of employment of teaching staff.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Nierodzik v Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej im dr Stanisława Deresza w Choroszczy – WLR Daily

Posted March 17th, 2014 in contract of employment, EC law, fixed-term contracts, law reports by tracey

Nierodzik v Samodzielny Publiczny Psychiatryczny Zakład Opieki Zdrowotnej im dr Stanisława Deresza w Choroszczy: (Case C-38/13);  [2014] WLR (D)  127

‘Clause 4(1) of the Framework Agreement on fixed-term work, annexed to Council Directive 1999/70/EC, precluded a national rule which provided that for the termination of fixed-term contracts of more than six months, a fixed notice period of two weeks would be applied regardless of the length of service of the worker concerned, whereas the length of the notice period for contracts of indefinite duration was fixed in accordance with the length of service of the worker concerned and could vary from two weeks to three months, where those two categories of workers were in comparable situations.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Brogsitter v Fabrication de Montres Normandes EURL and another – WLR Daily

Posted March 17th, 2014 in conflict of laws, contracts, EC law, law reports, regulations by tracey

Brogsitter v Fabrication de Montres Normandes EURL and another: Case C-548/12;   [2014] WLR (D)  130

‘Civil liability claims, such as those at issue in the instant case, which were made in tort under national law, had to none the less be considered as concerning “matters relating to a contract” within the meaning of article 5(1)(a) of Council Regulation (EC) No 44/2001, where the conduct complained of could be considered a breach of the terms of the contract, which could be established by taking into account the purpose of the contract.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Gohil v Gohil (No 2) – WLR Daily

Posted March 17th, 2014 in consent orders, disclosure, evidence, family courts, financial provision, jurisdiction, law reports, setting aside by tracey

Gohil v Gohil (No 2): [2014] EWCA Civ 274; [2014] WLR (D)  126

‘It was not open to a first instance judge in family proceedings to set aside a financial relief order solely on the basis that there was fresh evidence sufficient to satisfy the guidelines which applied to the admission of fresh evidence in the Court of Appeal.’

WLR Daily, 13th March 2014

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 17th, 2014 in legislation by tracey

The Tax Credits (Miscellaneous Amendments) Regulations 2014

The Waste (England and Wales) (Amendment) Regulations 2014

The Individual Savings Account (Amendment) Regulations 2014

The Education (Student Loans) (Repayment) (Amendment) Regulations 2014

The Child Trust Funds (Amendment) Regulations 2014

The Social Security (Categorisation of Earners) (Amendment) Regulations 2014

The Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2014

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 2) Regulations 2014

The Civil Procedure (Amendment No. 3) Rules 2014

The Social Security (Contributions) (Amendment) Regulations 2014

The Civil Legal Aid (Remuneration) (Amendment) (No. 3) Regulations 2014

The Plant Health (Fees) (England) Regulations 2014

The Tribunals, Courts and Enforcement Act 2007 (Consequential, Transitional and Saving Provision) Order 2014

The Veterinary Medicines (Amendment) Regulations 2014

The General Osteopathic Council (Application for Registration and Fees) (Amendment) Rules Order of Council 2014

The Plant Health (Fees) (Forestry) (Amendment) (England and Scotland) Regulations 2014

The NHS Direct National Health Service Trust (Dissolution) Order 2014

The Civil Legal Aid (Remuneration) (Amendment) (No. 2) Regulations 2014

The National Assistance (Sums for Personal Requirements) Amendment (England) Regulations 2014

The Social Security (Contributions) (Amendment No. 2) Regulations 2014

The Public Bodies (Abolition of the National Consumer Council and Transfer of the Office of Fair Trading’s Functions in relation to Estate Agents etc) Order 2014

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2014

The Marine Licensing (Application Fees) Regulations 2014

The Child Support (Ending Liability in Existing Cases and Transition to New Calculation Rules) Regulations 2014

The Plant Health (Export Certification) (England) (Amendment) Order 2014

The Crime and Courts Act 2013 (Family Court: Consequential Provision) Order 2014

The Justices’ Clerks and Assistants Rules 2014

The Access to Justice Act 1999 (Destination of Appeals) (Family Proceedings) Order 2014

The Public Interest Disclosure (Prescribed Persons) (Amendment) Order 2014

The Social Security Benefits Up-rating Order 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 17th, 2014 in law reports by tracey

Court of Appeal (Civil Division)

Your Response Ltd v Datateam Business Media Ltd [2014] EWCA Civ 281 (14 March 2014)

Court of Appeal (Criminal Division)

Holmes, R v [2014] EWCA Crim 420 (14 March 2014)

High Court (Chancery Division)

Lehman Brothers International (Europe) & Ors, Re [2014] EWHC 704 (Ch) (14 March 2014)

Bank St Petersburg & Anor v Arkhangelsky & Ors [2014] EWHC 695 (Ch) (14 March 2014)

High Court (Commercial Court)

IPCO (Nigeria) LTD v Nigerian National Petroleum Corporation [2014] EWHC 576 (Comm) (14 March 2014)

Energy Venture Partners Ltd v Malabu Oil & Gas Ltd [2014] EWHC 663 (Comm) (14 March 2014)

High Court (Family Division)

Z (A Child: Independent Social Work Assessment), Re [2014] EWHC 729 (Fam) (14 March 2014)

Source: www.bailii.org

Teen jailed after he got lethal arsenal delivered to family home – Daily Telegraph

Posted March 17th, 2014 in drug offences, firearms, news, sentencing, young offenders by tracey

‘A teenager who bought a machine gun online and had it delivered to his family home, along with hundreds of rounds of ammunition and nunchucks, has been jailed for six years.’

Full story

Daily Telegraph, 14th March 2014

Source: www.telegraph.co.uk

Armed forces bullying watchdog announced – BBC News

Posted March 17th, 2014 in armed forces, bullying, complaints, news, ombudsmen by tracey

‘A new watchdog is to be created to investigate the way bullying and
abuse cases are dealt with in the armed forces, the defence secretary
has said.’

Full story

BBC News, 14th March 2014

Source: www.bbc.co.uk

Policeman who punched woman used CS gas on UK Uncut protesters – The Guardian

Posted March 17th, 2014 in assault, misfeasance in public office, news, police by tracey

‘A policeman who was sentenced for punching a suspected shoplifter in the head earlier this week has been found to have breached professional standards in another incident where he sprayed peaceful protesters with CS gas.’

Full story

The Guardian, 14th March 2014

Source: www.guardian.co.uk

Facebook status used to catch Exeter benefits cheat – BBC News

Posted March 17th, 2014 in benefits, fraud, internet, news, sentencing by tracey

‘A married benefits cheat who swindled £65,000 by claiming she was a single mother was caught after investigators checked her Facebook status, Exeter Crown Court has heard.’

Full story

BBC News, 14th March 2014

Source: www.bbc.co.uk

Couple jailed for YouTube videos glorifying Lee Rigby murder – The Guardian

Posted March 17th, 2014 in incitement, inciting racial hatred, inciting religious hatred, murder, news, sentencing, terrorism by tracey

‘A couple were jailed on Friday for glorifying the murder of the soldier Lee Rigby in videos posted on YouTube that were “offensive in the extreme”. Royal Barnes, 23, and his wife Rebekah Dawson, 22, of Hackney, north-east London, recorded and uploaded three videos shortly after the murder in Woolwich, south-east London, last May.’

Full story

The Guardian, 14th March 2014

Source: www.guardian.co.uk

Solicitors Regulation Authority ‘not racist’ but black solicitors treated harshly – The Independent

Posted March 17th, 2014 in disciplinary procedures, minorities, news, race discrimination, solicitors, Solicitors Regulation Authority by tracey

‘The body that investigates solicitors has been cleared of institutional racism despite an independent inquiry concluding that it disproportionately pursues black and minority ethnic (BME) lawyers for alleged wrongdoing.’

Full story

The Independent, 14th March 2014

Source: www.independent.co.uk

Ex-FBI-sting paedophile George Richards jailed for life – BBC News

Posted March 17th, 2014 in child abuse, kidnapping, news, sentencing by tracey

‘A former trainee teacher caught 11 years ago in an FBI sting targeting paedophiles has been jailed for life for trying to abduct two girls.’

Full story

BBC News, 14th March 2014

Source: www.bbc.co.uk

Elderly woman evicted from care home over assisted suicide fears – Daily Telegraph

Posted March 17th, 2014 in assisted suicide, care homes, news, prosecutions by tracey

‘An 87-year-old woman was evicted from her care home because she advocated assisted suicide and staff feared they could be prosecuted if they did not stop her. Dorothy Brown, a former magistrate and lifelong supporter of a change in the law, was given notice to leave after carers came across a bottle of pills and an undated note and feared she could be about to make an attempt.’

Full story

Daily Telegraph, 15th March 2014

Source: www.telegraph.co.uk

Christian guesthouse owners go to Strasbourg over ‘discrimination’ case – Daily Telegraph

Posted March 17th, 2014 in civil partnerships, equality, hotels, human rights, married persons, news, sexual orientation discrimination by tracey

‘A Christian couple who were told it was illegal to turn unmarried couples away from their guesthouse have launched a landmark legal case at the European Court of Human Rights.’

Full story

Daily Telegraph, 15th March 2014

Source: www.telegraph.co.uk

Alleged victims’ fury at failure to ban undercover police seduction tactics – The Guardian

Posted March 17th, 2014 in codes of practice, demonstrations, news, police, professional conduct, spying by tracey

‘Eight women who say they were duped into forming long-term sexual relationships with undercover policemen have attacked the government’s failure to ban such behaviour in a newly published code of conduct. The Home Office policy suggests there will be a tightening of guidelines on undercover surveillance, but does not explicitly rule out officers engaging in sexual relationships with those being spied on or those who associate with the target. The new code – which is now open to consultation – merely says that intrusion into someone’s “private or family life”, even when they are not the direct targets of the surveillance, should be justified by the information that might be discovered.’

Full story

The Guardian, 16th March 2014

Source: www.guardian.co.uk