Day: 25 March 2014

Recent Statutory Instruments – legislation.gov.uk

Posted March 25th, 2014 in legislation by sally

The Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014

The Protection of Wrecks (Designation) (England) Order 2014

The European Parliamentary Elections (Welsh Forms) Order 2014

The Financial Services (Banking Reform) Act 2013 (Commencement No. 2) Order 2014

The Financial Services (Banking Reform) Act 2013 (Commencement No. 3) Order 2014

The Tribunal Security Order 2014

The Wireless Telegraphy (Limitation of Number of Licences) Order 2014

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 11) Order 2014

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) (No. 3) Regulations 2014

The National Health Service Trusts (Membership and Procedure) Amendment Regulations 2014

The European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2014

The Children and Families Act 2014 (Commencement No. 1) Order 2014

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2014

Source: www.legislation.gov.uk

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) – Supreme Court

Posted March 25th, 2014 in appeals, consent orders, damages, law reports, litigation friends, mental health, personal injuries, Supreme Court by sally

Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant); Dunhill (a protected party by her litigation friend Tasker) (Respondent) v Burgin (Appellant) (No 2) [2014] UKSC 18

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) – Supreme Court

Posted March 25th, 2014 in appeals, law reports, media, official secrets act, police, Supreme Court by sally

R (on the application of British Sky Broadcasting Limited) (Respondent) v The Commissioner of Police of the Metropolis (Appellant) [2014] UKSC 17 (YouTube)

Supreme Court, 12th March 2014

Source: www.youtube.com/user/UKSupremeCourt

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) – Supreme Court

Posted March 25th, 2014 in appeals, deprivation of liberty safeguards, disabled persons, housing, law reports, local government, mental health, Supreme Court by sally

P (by his litigation friend the Official Solicitor) (Appellant) v Cheshire West and Chester Council and another (Respondents); P and Q (by their litigation friend, the Official Solicitor) (Appellants) v Surrey County Council (Respondent) [2014] UKSC 19 (YouTube)

Supreme Court, 19th March 2014

Source: www.youtube.com/user/UKSupremeCourt

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another – WLR Daily

Posted March 25th, 2014 in appeals, human rights, inquiries, law reports, ministers' powers and duties, news by sally

Keyu and others v Secretary of State for Foreign and Commonwealth Affairs and another [2014] EWCA Civ 312; [2014] WLR (D) 138

‘The Convention for the Protection of Human Rights and Fundamental Freedoms did not impose an obligation on the Secretary of State for Foreign and Commonwealth Affairs or the Secretary of State for Defence to conduct an inquiry into deaths occurring in 1948 in Malaya before the Convention was adopted and the United Kingdom acceded to the Convention. Likewise no duty arose under customary international humanitarian law which was enforceable at common law. Nor was the decision of the Secretaries of State to exercise their discretion not to establish a public inquiry vitiated on public law grounds.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) – WLR Daily

Posted March 25th, 2014 in appeals, deprivation of liberty safeguards, disabled persons, housing, law reports, local government, mental health, Supreme Court by sally

Surrey County Council v P and others (Equality and Human Rights Commission and others intervening); Cheshire West and Chester Council v P and another (Same intervening) [2014] UKSC 19; [2014] WLR (D) 140

‘Mentally incapacitated persons had the same rights to liberty as everyone else, and if their living arrangements would amount to a deprivation of liberty of a capacitous person they were also a deprivation of liberty of the incapacitated person, who was therefore entitled to periodic independent checks to ensure that the deprivation of liberty remained justified in his or her best interests.’

WLR Daily, 19th March 2014

Source: www.iclr.co.uk

Delay to the operation of new unified patent court – OUT-LAW.com

Posted March 25th, 2014 in courts, delay, news, patents by sally

‘A new court system that is being set up to handle disputes about unitary patents may not be operational until 2016, the group established to deliver the new system has said.’

Full story

OUT-LAW.com, 24th March 2014

Source: www.out-law.com

Offenders choosing jail time ahead of paying confiscation orders: MPs – Local Government Lawyer

Posted March 25th, 2014 in confiscation, imprisonment, news, reports, sanctions, select committees by sally

‘Offenders are choosing to spend extra time in jail rather than pay confiscation orders and the sanctions for such non-payment do not work, the Public Accounts Committee has said.’

Full story

Local Government Lawyer, 24th March 2014

Source: www.localgovernmentlawyer.co.uk

Scot Peterson: Constitutional Entrenchment in England and the UK – UK Constitutional Law Association

Posted March 25th, 2014 in constitutional law, constitutional reform, EC law, news, referendums by sally

‘Frequently people think that there are only two ways address flexibility in a constitution: to legally entrench an entire document and to protect it with strong judicial oversight, or to have a political constitution and a sovereign parliament, which, in the words of A.V. Dicey, ‘has … the right to make or unmake any law whatever….’ One aspect of this sovereignty is that parliament cannot bind itself: ‘That Parliaments have more than once intended and endeavoured to pass Acts which should tie the hands of their successors is certain, but the endeavour has always ended in failure.’’

Full story

UK Constitutional Law Association, 25th March 2014

Source: www.ukconstitutionallaw.org

Judge cites Karl Marx in rejecting law firm’s bid to exit professional indemnity scheme – Legal Futures

Posted March 25th, 2014 in insurance, law firms, legal profession, news by sally

‘One of the world’s leading offshore law firms has been knocked back by a judge quoting Karl Marx, after seeking a waiver from the Isle of Man Law Society’s indemnity insurance requirements.’

Full story

Legal Futures, 25th March 2014

Source: www.legalfutures.co.uk

Right to privacy: can we really trust Google Glass? – Halsbury’s Law Exchange

Posted March 25th, 2014 in data protection, EC law, news, photography, privacy, video recordings by sally

‘It is difficult to have missed the hype surrounding Google Glass (referred to simply as “Glass”), not only because of its futuristic technological capabilities and design, but also the concerns it raises for an individual’s Art 8 right to privacy.’

Full story

Halsbury’s Law Exchange, 24th March 2014

Source: www.halsburyslawexchange.co.uk

Paedophile priest Francis Paul Cullen jailed for 15 years – BBC News

Posted March 25th, 2014 in clergy, news, sentencing, sexual offences by sally

‘A priest who sexually assaulted seven children before spending more than two decades on the run in Spain has been jailed.’

Full story

BBC News, 24th March 2014

Source: www.bbc.co.uk

FGM: Top gynaecologist hits out at ‘political’ prosecution for female genital mutilation – The Independent

Posted March 25th, 2014 in birth, doctors, female genital mutilation, medical treatment, news, prosecutions by sally

‘Has the DPP picked the right target for a landmark legal case against a barbaric medical practice? Jeremy Laurance talks to Dr Katrina Erskine.’

Full story

The Independent, 24th March 2014

Source: www.independent.co.uk

Justice Minister Chris Grayling defends prisoner book rules – BBC News

Posted March 25th, 2014 in education, news, prisons, rehabilitation by sally

‘Justice Secretary Chris Grayling says new prison policies are not denying inmates access to books, despite criticisms from high-profile authors.’

Full story

BBC News, 25th March 2014

Source: www.bbc.co.uk

Deepcut soldier’s family allowed to seek new inquest – The Guardian

Posted March 25th, 2014 in armed forces, inquests, news by sally

“The government’s most senior legal adviser has given permission to the family of a young army recruit who died nearly 19 years ago at the notorious Deepcut barracks in Surrey to apply for a new inquest into her death.”

Full story

The Guardian, 25th March 2014

Source: www.guardian.co.uk