Murder of baby Callum Wilson by his mother Emma Wilson ‘could have been prevented’, review finds – The Independent

Posted April 1st, 2014 in children, health, murder, news, reports, social services by sally

‘An 11-month-old boy who was beaten to death by his mother could have been saved if health and social workers had raised the alarm about his earlier injuries, a serious case review has concluded.

Full story

The Independent, 31st March 2014

Source: www.independent.co.uk

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) – WLR Daily

Kennedy v Information Commissioner and another (Secretary of State for Justice and others intervening) [2014] UKSC 20; [2014] WLR (D) 143

‘The Freedom of Information Act 2000 did not provide an exhaustive scheme in respect of the disclosure of information held by the Charity Commission relating to inquiries which they conducted. Although an absolute exemption under section 32(2) of that 2000 Act from disclosure under that Act lasted beyond the completion of such an inquiry, the question whether disclosure of information relating to such an inquiry was available would be governed by the Charities Act 1993, as substituted by the Charities Act 2006, construed in the light of common law principles.’

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

Durkin v DSG Retail Ltd and another – WLR Daily

Durkin v DSG Retail Ltd and another [2014] UKSC 21; [2014] WLR (D) 144

A restricted-use credit agreement under section 12(b) of the Consumer Credit Act 1974 which related to a specified supply transaction was conditional upon the substantive survival of that supply transaction, so that a purchaser who rescinded the supply agreement for breach of contract could also rescind the credit agreement.

WLR Daily, 26th March 2014

Source: www.iclr.co.uk

TW v Enfield London Borough Council – WLR Daily

TW v Enfield London Borough Council [2014] EWCA Civ 362; [2014] WLR (D) 145

‘When an approved social worker was considering whether it was “reasonably practicable” to consult the “nearest relative” before making an application to admit a patient, pursuant to sections 3(1) and 13(1) of the Mental Health Act 1983, section 11(4) of the Act imposed on that social worker an obligation to strike a balance between the patient’s right under article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms not to be detained unless it was done by a procedure that was in accordance with the law and the patient’s right to a private life under article 8.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission – WLR Daily

Posted April 1st, 2014 in EC law, gambling, law reports, trade marks by sally

Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) v National Lottery Commission (Case C-530/12P); [2014] WLR (D) 146

‘In an application for a declaration of invalidity of a Community trade mark, where the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (“OHIM”) was called upon to take account of the national law of the member state in which protection was given to an earlier mark on which the application was based, OHIM had to, of its own motion and by whatever means considered appropriate, obtain information about that national law, where such information was necessary for the purposes of assessing the applicability of a ground for invalidity relied on before it and of assessing the accuracy of the facts adduced or the probative value of the documents submitted.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Patel and another v Peters and others – WLR Daily

Patel and another v Peters and others [2014] EWCA Civ 335; [2014] WLR (D) 147

‘Where the surveyor of a party involved in a dispute over building works affecting adjoining properties served a request under section 10(7) of the Party Wall etc Act 1996 on the surveyor of the other party that he act effectively in respect of the subject matter referred to in the request within ten days, after which, if he did not so act, the requesting surveyor became entitled to act ex parte in respect of the matter, a continuing state of affairs was created so that the other party’s surveyor might still act effectively after that ten-day period, thereby precluding the requesting surveyor from acting ex parte, provided that the requesting surveyor had not yet proceeded so to act.’

WLR Daily, 27th March 2014

Source: www.iclr.co.uk

Court of Protection: NHS Trust asks judge to rule on hysterectomy for woman with serious mental health condition – The Independent

Posted April 1st, 2014 in consent, Court of Protection, health, medical treatment, mental health, news by sally

‘A woman with a serious mental health condition should undergo a hysterectomy after being handcuffed and escorted by four guards to the operating table, an NHS Trust told a High Court Judge on Monday.’

Full story

The Independent, 31st March 2014

Source: www.independent.co.uk

Judge orders toddler to be returned to parents after nearly a year in care – Daily Telegraph

Posted April 1st, 2014 in care orders, child abuse, children, news, personal injuries, social services by sally

‘A little boy who suffered brain injuries after falling from a bed should be returned to his parents after being taken into care nearly a year ago amid, the High Court has ruled.’

Full story

Daily Telegraph, 31st March 2014

Source: www.telegraph.co.uk

Christian preacher wins £13,000 in compensation after being held for ’15 hours without food or water’ – The Independent

‘A Christian preacher who was held by police for 15 hours without water or food has won £13,000 in compensation for wrongful imprisonment.’

Full story

The Independent, 31st March 2014

Source: www.independent.co.uk

‘Joint enterprise’ prosecution figures released – BBC News

Posted April 1st, 2014 in conspiracy, gangs, homicide, joint enterprise, news, prosecutions, reports by sally

‘More than 4,500 people were prosecuted for homicides involving two or more defendants over the past eight years, a report has said.’

Full story

BBC News, 1st April 2014

Source: www.bbc.co.uk

Revealed: how 300-year-old duellist law is jailing hundreds for ‘joint enterprise’ killings – The Independent

‘Hundreds of people are convicted of murder or manslaughter every year in England and Wales even though they were not directly responsible for the crime, it is revealed today.’

Full story

The Independent, 1st April 2014

Source: www.independent.co.uk

Prison books row: justice secretary could face legal action, says lawyer – The Guardian

Posted April 1st, 2014 in education, news, prisons, rehabilitation by sally

‘Campaigners fighting the Ministry of Justice over a ban on books being sent to prisoners on Monday threatened to take their battle to the courts.’

Full story

The Guardian, 31st March 2014

Source: www.guardian.co.uk