27/07/2015 – Page 2 – Current Awareness

Off the scale: Sentencing very large companies for environmental crimes – Henderson Chambers

Posted July 27th, 2015 in environmental protection, news, pollution, sentencing, water companies by sally

‘Earlier this month judgment was handed down by the Court of Appeal in R v Thames Water Utilities Ltd [2015] EWCA Crim 960, examining what should be done when a corporate offender’s turnover is so large that it falls outside the scale set down in the sentencing guidelines. This is the first case of its kind to come before the Court of Appeal since publication of the Definitive Guideline for Environmental Offences by the Sentencing Council in July 2014. Rejecting Thames Water’s appeal against a £250,000 fine, the court said that fines levied against very large companies “had to bring home the appropriate message to the directors and shareholders of the company” and could go as high as 100% of pre-tax profits. ‘

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Henderson Chambers, June 2015

Source: www.hendersonchambers.co.uk

Slaughterhouse right of appeal JR against FSA unfit meat decisions, fails – Henderson Chambers

Posted July 27th, 2015 in appeals, EC law, food hygiene, judicial review, news by sally

‘In R (on the application of the Association of Independent Meat Suppliers and another) v Food Standards Agency [2015] EWHC 1896 (Admin), Simon J sitting in the Admin Court (judgment 2.7.15) has found that neither the governing EU Regulations, nor the EU Charter nor the European Convention (A1P1) required the Food Standards Authority to afford any right of appeal to the owners of an expensive bull carcase found, at the slaughterhouse, to be unfit for human consumption and thus disposed of as worthless animal by-product.’

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Henderson Chambers, 2nd July 2015

Source: www.hendersonchambers.co.uk

HRA Watch: Reform, Repeal, Replace? Sarah Lambrecht: Criticism of the European Court of Human Rights: A UK Phenomenon? – UK Constitutional Law Association

Posted July 27th, 2015 in deportation, human rights, news, repeals by sally

‘The tumultuous relationship between the UK Government and the European Court of Human Rights (ECtHR) is unlikely to normalise with the Conservative Party having obtained, against all polling predictions, an absolute majority at the May 2015 UK general election. In its October 2014 policy document, the Conservatives criticise the European Court of Human Rights for developing “mission creep” and proclaim a plan for change “to restore common sense and put Britain first”. The all-encompassing solution proposed is to repeal the UK Human Rights Act and introduce a new British Bill of Rights and Responsibilities. Even though I have uttered doubts as to whether such a Bill could live up to all of its drafters’ expectations, the wide-spread political support for a proposal expressly aimed at reducing the Strasbourg Court’s influence is exceptional. In an attempt to feed the rich debate and analyses on the UKCLA blog, this post places the UK debate in a wider perspective.’

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UK Constitutional Law Association, 27th July 2015

Source: www.ukconstitutionallaw.org

‘Cassie’s law’: 609 drivers lose licence after tougher police power on eye tests – The Guardian

Posted July 27th, 2015 in driving licences, freedom of information, news, police by sally

‘Hundreds of motorists have had their driving licence revoked after failing roadside eye tests under new police powers, figures have shown.’

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The Guardian, 26th July 2015

Source: www.guardian.co.uk

High Court: If you need to revise your budget, act very quickly – Litigation Futures

Posted July 27th, 2015 in budgets, costs, news, time limits by sally

‘There is a “high premium on swift action” when revisiting costs budgets, a High Court judge has warned, questioning why a revised budget was not prepared quicker than four days after the issue that caused it arose.’

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Litigation Futures, 24th July 2015

Source: www.litigationfutures.com

Ex-National Coal Board coke workers’ legal bid landmark – BBC News

Posted July 27th, 2015 in compensation, health & safety, industrial injuries, news by sally

‘Lawyers for more than 350 ex-National Coal Board coke workers are hoping for a landmark High Court ruling in their compensation fight over illnesses.’

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BBC News, 25th July 2015

Source: www.bbc.co.uk