“Where, on an application for a writ of habeas corpus, the court was uncertain whether the respondents had sufficient control of the applicant to be able to produce him, it could properly issue the writ so that on the return that question could be determined with fuller knowledge.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
“It’s well known that the government faces a problem when it comes to prisoners’ votes.”
Head of Legal, 30th October 2012
Source: www.headoflegal.com
Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292
“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).”
WLR Daily, 25th October 2012
Source: www.iclr.co.uk
“In its foreign policy, the UK Government is a keen advocate of national human rights institutions (NHRI’s). The Brighton Declaration, drafted by the UK, encourages Council of Europe States to consider ‘the establishment, if they have not already done so, of an independent National Human Rights Institution’. In June 2012 the UK signed a UN General Assembly resolution ‘Reaffirming the important role that such national institutions play and will continue to play.’”
UK Human Rights Blog, 28th October 2012
Source: www.ukhumanrightsblog.com
“The court had jurisdiction under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 to give permission retrospectively to institute legal proceedings against a company in administration.”
WLR daily, 24th October 2012
Source: www.iclr.co.uk
Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280
“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”
WLR Daily, 18th October 2012
Source: www.iclr.co.uk
“A certificate issued by the Serious Organised Crime Agency under section 2(7)(8) of the Extradition Act 2003 that a person or body that had issued a European arrest warrant had the function of issuing such warrants in the relevant territory was not conclusive that the person or body was a “judicial authority” for the purposes of either article 6 of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states or section 2(2) of the 2003 Act.”
WLR Daily, 12th October 2012
Source: www.iclr.co.uk
“The home secretary’s decision not to extradite the Crouch End Asperger’s sufferer has caused others to raise questions.”
The Guardian, 17th October 2012
Source: www.guardian.co.uk
“Statement by Home Secretary Theresa May on extradition made on 16 October 2012.”
Home Office, 16th October 2012
Source: www.homeoffice.gov.uk
Price v Cheshire East Borough Council: [2012] WLR (D) 275
“It was wrong in law, when determining mode of trial, for justices to directly apply Sentencing Council guidelines for a different offence to that faced by the defendant unless the sentencing guidelines were directly analogous or if there was a similar level of seriousness.”
WLR Daily, 11th October 2012
Source: www.iclr.co.uk
“Recently there has been concern in the legal world and media about the potential loss of EU criminal justice and judicial cooperation measures which are incorporated into English law.”
Halsbury’s Law Exchange, 12th October 2012
Source: www.halsburyslawexchange.co.uk
“Britain will on Monday take steps towards opting out of a series of EU law and order measures in a move designed by the Tories to show that they are living up to their pre-election Eurosceptic pledges.”
The Guardian, 14th October 2012
Source: www.guardian.co.uk
“Cloud computing is becoming an ever more pervasive feature of the technological world. Whether one is dabbling in social networking or purchasing goods online, the truth is that we all, to a greater or lesser extent, now have our heads in the virtual clouds. However, the use of cloud computing inevitably raises important information law issues, particularly in terms of the impact on privacy rights and also under the Data Protection Act 1998.”
Panopticon, 27th September 2012
Source: www.panopticonblog.com
“Many readers will now be familiar with the proposals for the reform of private competition claims launched by the Department for Business Innovation and Skills (‘DBIS’) in April 2012 (‘Private actions in competition law: A consultation on options for reform’). Published at the end of July 2012 when most people had better things to do, the OFT’s Response has generated less attention. It nonetheless provides a general endorsement of the DBIS proposals.”
Competition Bulletin from Blackstone Chamber, 28th September 2012
Source: www.competitionbulletin.com
“Members of limited liability partnerships are not ‘workers’ under employment legislation, the Court of Appeal ruled this week dismissing a whistleblowing claim made against City firm Clyde & Co.”
Law Society’s Gazette, 28th September 2012
Source: www.lawgazette.co.uk
“Moira Sofaer, barrister and mediator, of Goldsmith Chambers, considers the protection afforded by the courts to vulnerable adults who are outside the ambit of the Mental Capacity Act 2005 in the light of the Court of Appeal’s judgment in DL.”
Family Law Week, 27th September 2012
Source: www.familylawweek.co.uk
“The British Academy have today published a very interesting new report by Colm O’Cinneide considering the workings of the UK human rights law, the relationship between the ECHR, UK courts and the Parliament and the potential effect of a bill of rights.”
UK Human Rights Blog, 27th September 2012
Source: www.ukhumanrightsblog.com
“In the last twenty years several international courts have been established to try crimes committed in armed conflicts. Public expectation of what these courts may achieve is high; but are the courts living up to that expectation? Is the public expectation realistic and part of a liberal tradition; may it be seen as ‘judicial romantic’, according to courts capabilities they can never have? Are the courts always bound to be tainted by political influence that makes it probable they will ultimately fail? What sense can be made of the permanent International Criminal Court – the ICC – when Russia, China and the USA decline to accept its jurisdiction for their own citizens but can, as permanent members of the Security Council of the UN, refer individuals from other non-member states to the ICC for trial? And would it matter if the ICC failed? Has enough already been done to chart a way ahead that will allow the law a proper role in the service of countries, or communities in countries, at war? In any event, are war crimes trials the best partner of politics in the search for peace? Are there times when it may be better to let history go in the interests of a better safer future? This is a part of Sir Geoffrey Nice’s 2012/13 series of lectures as Gresham Professor of Law.”
Lecture by Sir Geoffrey Nice
Gresham College, 12th September 2012
Source: www.gresham.ac.uk
“Consumers who buy goods direct from traders abroad can sue the traders in their home country’s courts if certain conditions are met, the European Court of Justice (ECJ) has ruled.”
OUT-LAW.com, 10th September 2012
Source: www.out-law.com
In re L (A Child) (Recognition of Foreign Order): [2012] EWCA Civ 1157; [2012] WLR (D) 252
“The English court would not refuse recognition of a parental agreement freely reached in a member state of the European Union unless a party seeking to challenge it showed a very high degree of procedure or principle error which led to the conclusion and ratification of the agreement in the country where the child was habitually resident at the time of the agreement. A child’s two monthly rotational residence in England lacked degree of permanence to find habitual residence in England for the English court to make a residence order.”
WLR Daily, 21st August 2012
Source: www.iclr.co.uk
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