Current Awareness

Academies’ refusal to admit pupils with special needs prompts legal battles – The Guardian

tracey — Fri, 25 May 2012 15:03:22 +0000

“Two of the government’s flagship academy schools are facing legal challenges for refusing to admit children with statements of special needs.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Ex-soldier jailed for sex attacks – The Independent

tracey — Fri, 25 May 2012 13:29:41 +0000

“ A former soldier who carried out a string of sex attacks has been jailed indefinitely.”

Full story

The Independent, 25th May 2012

Source: www.independent.co.uk

Baby Peter social workers lose sacking appeal – BBC News

tracey — Fri, 25 May 2012 11:09:39 +0000

“Two of Baby Peter’s social workers have lost their appeal against an employment tribunal ruling that they were fairly sacked.”

Full story

BBC News, 25th May 2012

Source: www.bbc.co.uk

Woolf calls for restrictions on inquiries – The Lawyer

tracey — Fri, 25 May 2012 10:32:40 +0000

“Former Lord Chief Justice Lord Woolf has called for the length and cost of public inquiries to be limited.”

Full story

The Lawyer, 25th May 2012

Source: www.thelawyer.com

Courting publicity? The Supreme Court’s open door policy – Legal Week

tracey — Fri, 25 May 2012 10:30:32 +0000

“Three things in particular tend to surprise new visitors to the three-year-old Supreme Court. The first is that there are no secret tunnels to Parliament, which comes as a great disappointment to many school groups. The second is that the Justices sit on the same level as the rest of the court, rather than on a raised platform. And the third is that the best rooms in the house are reserved for the lawyers’ meeting spaces. The latter two point to a very conscious effort by the Law Lords to ensure that the building reflected the new institution’s overall approach, enshrined in the Constitutional Reform Act 2005, of being ‘accessible, fair and efficient’.”

Full story

Legal Week, 24th May 2012

Source: www.legalweek.com

BAILII: Recent Decisions

tracey — Fri, 25 May 2012 10:22:28 +0000

Court of Appeal (Civil Division)

Greene King Plc v Quisine Restaurants Ltd & Anor [2012] EWCA Civ 698 (24 May 2012)

Hinchcliffe & Anor v Smith & Ors [2012] EWCA Civ 696 (24 May 2012)

Ingosstrakh -Investments v BNP Paribas SA [2012] EWCA Civ 644 (24 May 2012)

Cavenagh v William Evans Ltd [2012] EWCA Civ 697 (24 May 2012)

High Court (Administrative Court)

Barnsley Metropolitan Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Ors [2012] EWHC 1366 (Admin) (24 May 2012)

High Court (Chancery Division)

Maloney v Filtons Ltd & Anor [2012] EWHC 1395 (Ch) (24 May 2012)

High Court (Queen’s Bench Division)

Trimingham v Associated Newspapers Ltd [2012] EWHC 1296 (QB) (24 May 2012)

Source: www.bailii.org

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs) – WLR Daily

tracey — Fri, 25 May 2012 10:10:42 +0000

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs): [2012] UKSC 19; [2012] WLR (D) 161

“Claims for recovery of unlawfully exacted tax under the principle in Woolwich Equitable Building Society v Inland Revenue Comrs [1993] AC 70 (‘the Woolwich principle’) were not limited to those cases where there had been an actual demand by the revenue for payment, but applied generally in all cases where there had been a payment in response to an apparent statutory requirement to pay tax, which was not lawfully due.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Attorney General’s Reference (Nos 11 and 12 of 2012) – WLR daily

tracey — Fri, 25 May 2012 10:08:38 +0000

Attorney General’s Reference (Nos 11 and 12 of 2012): [2012] EWCA Crim 1119; [2012] WLR (D) 160

“When sentencing for rape of a person under 13, under section 5 of the Sexual Offences Act 2003, the judge in assessing seriousness had to analyse the circumstances of the offence and consider the deterrent element in sentencing for sexual offences committed against young children, taking into account the fact that exploitative behaviour might be as serious as submission obtained by force, the ages of the offender and victim, and the starting point for such consideration was on page 25 of the Sentencing Guidelines Council guideline Sexual Offences Act 2003 (2007).”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

tracey — Fri, 25 May 2012 10:03:49 +0000

The Local Government Act 2000 (Commencement No. 9) Order 2012

The Crime and Disorder Act 1998 (Service of Prosecution Evidence) (Amendment) Regulations 2012

The Prosecution of Offences (Custody Time Limits) (Amendment) Regulations 2012

The Criminal Defence Service (Funding) (Amendment No. 2) Order 2012

The Criminal Justice Act 2003 (Commencement No. 28 and Saving Provisions) Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

tracey — Fri, 25 May 2012 09:50:28 +0000

The Government response to the House of Lords Constitution Committee’s report: judicial appointments – 25th report of session 2010 – 12, Cm 8358 (PDF)

Source: www.official-documents.gov.uk

Car wash owner ordered to handover £60,000 linked to immigration crime – UK Border Agency

tracey — Fri, 25 May 2012 09:43:23 +0000

“Albanian car wash owner Defrim Paci, has been ordered to handover £60,000 of his criminal earnings after he was found guilty of employing illegal immigrants in the UK and laundering money.”

Full press release

UK Border Agency. 24th May 2012

Source: www.ukba/homeoffice.gov.uk

UK proud of human rights record – Ministry of Justice

tracey — Fri, 25 May 2012 09:36:56 +0000

“The Government is proud of its human rights’ record, Justice Minister Lord McNally today told a United Nations’ review of the UK’s human rights record over the last four years.”

Full press release

Ministry of Justice, 24th May 2012

Source: www.justice.gov.uk

The case for letting prisoners vote – UK Human Rights Blog

tracey — Fri, 25 May 2012 09:29:11 +0000

“Last Tuesday saw the latest episode in the prisoner voting legal saga with the European Court of Human Rights’ Grand Chamber’s judgment reversing the Chamber judgment which found Italy’s automatic ban on voting for prisoners serving over 3 years in prison (and a lifetime ban with the possibility of future relief for those sentenced to more than 5 years) in breach of Article 3 of Protocol 1 to the European Convention on Human Rights.”

Full story

UK Human Rights Blog, 24th May 2012

Source: www.ukhumanrightsblog.com

Enterprise Bill proposes radically reduced compensation awards and binding shareholder votes on pay – OUT-LAW.com

tracey — Fri, 25 May 2012 09:24:16 +0000

“A draft Bill designed to reform certain aspects of employment law and encourage ‘strong, sustainable’ economic growth contains a provision which would allow the Government to radically reduce compensation awards for unfair dismissal.”

Full story

OUT-LAW.com, 24th May 2012

Source: www.out-law.com

Court cases hampered by translation failures – Daily Telegraph

tracey — Fri, 25 May 2012 09:14:39 +0000

“Up to 50 court cases a day were delayed or postponed because of failures by a translation contractor to provide an adequate service,.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

Police recorded 8,500 corruption allegations in three years – The Guardian

tracey — Fri, 25 May 2012 09:09:11 +0000

“The police watchdog has revealed how more than 8,500 allegations about corruption have been recorded by forces in England and Wales in three years – but only 13 police officers have been prosecuted and found guilty.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Hospital allowed ‘careless’ surgeon to continue working after ‘potentially fatal’ error – Daily Telegraph

tracey — Fri, 25 May 2012 09:05:53 +0000

“A Hungarian surgeon with a limited command of English was allowed to continue practising for three years after mistakenly injecting carbolic acid into a small child with ‘potentially fatal’ consequences.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

We must defy Strasbourg on prisoner votes – Daily Telegraph

tracey — Fri, 25 May 2012 09:02:48 +0000

“The judges in Europe have exceeded their authority by trying to overrule British law – by David Davis and Jack Straw.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

Kevin Pietersen fined for Twitter comment on Nick Knight – BBC News

tracey — Fri, 25 May 2012 08:57:16 +0000

“Pietersen was docked an undisclosed sum for comments aimed at the ex-England opener during the first Test against the West Indies at Lord’s.”

Full story

BBC News, 23rd May 2012

Source: www.bbc.co.uk

Postmistress murderer Robin Garbutt loses appeal – BBC News

tracey — Fri, 25 May 2012 08:50:36 +0000

“A shopkeeper who bludgeoned his postmistress wife to death has lost a challenge against his murder conviction at the Court of Appeal.”

Full story

BBC News, 24th May 2012

Source: www.bbc.co.uk

Payday loan firms agree to voluntary guidelines – The Guardian

tracey — Fri, 25 May 2012 08:40:22 +0000

“Payday loan companies have promised to improve the way they sell credit to borrowers under voluntary guidelines agreed with the government.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Yvonne Fletcher investigation renewed – The Guardian

tracey — Fri, 25 May 2012 08:36:17 +0000

“David Cameron announces detectives will fly to Libya in pursuit of information about the policewoman’s 1984 killing.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

New licensing rules for children on reality TV – Daily Telegraph

tracey — Fri, 25 May 2012 08:24:40 +0000

“Children who appear on television talent shows or reality TV programmes will have to be licensed under Government plans to prevent them being exploited for ratings.”

Full story

Daily Telegraph, 24th May 2012

Source: www.telegraph.co.uk

Court case over drone strike ‘could force Britain to reveal intelligence exchanges with US’ – Daily Telegraph

tracey — Fri, 25 May 2012 08:19:25 +0000

“A court action brought by a Pakistani student whose father was killed in a suspected US missile strike last year could force Britain to reveal whether it gives America intelligence for drone attacks on terrorist suspects.”

Full story

Daily Telegraph, 25th May 2012

Source: www.telegraph.co.uk

You gotta fight for your employment rights – The Guardian

sally — Thu, 24 May 2012 12:06:23 +0000

“The ‘fire at will’ employment proposals may have been doused, but that doesn’t mean employees are safe. They still have to fight their corner when it comes to dismissals.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Police denied TV footage of Dale Farm evictions – UK Human Rights Blog

sally — Thu, 24 May 2012 11:59:54 +0000

“The police failed to satisfy the court that their need for footage taken by TV organisations was likely to be of substantial value to criminal investigations and therefore would be a justified interference with the rights of a free press under Article 10 of the Human Rights Convention.”

Full story

UK Human Rights Blog, 24th May 2012

Source: www.ukhumanrightsblog.com

Littlehey jail mutiny pair given longer sentences – The Independent

sally — Thu, 24 May 2012 11:56:11 +0000

“Two convicted criminals who attacked prison officers and held a mutiny inside their jail have been handed longer sentences.”

Full story

The Independent, 24th May 2012

Source: www.independent.co.uk

RPC wins landmark media harassment case for Daily Mail – Law Society’s Gazette

sally — Thu, 24 May 2012 11:52:42 +0000

“RPC has successfully defended Associated Newspapers in the first media harassment case to go to trial, after the newspaper group was sued by the partner of MP Chris Huhne, Carina Trimingham.”

Full story

Law Society’s Gazette, 24th May 2012

Source: www.lawgazette.co.uk

Court clerk who was first to be jailed under Bribery Act has sentence cut – The Guardian

sally — Thu, 24 May 2012 11:22:16 +0000

“A court clerk who made legal history when he became the first person to be jailed under new bribery legislation has had his sentence reduced by two years.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

Children: Private Law Update – Family Law Week

sally — Thu, 24 May 2012 09:19:37 +0000

“Alex Verdan QC of 4 Paper Buildings considers several recent important judgments covering a range of private law issues concerning children.”

Full story

Family Law Week, 23rd May 2012

Source: www.familylawweek.co.uk

BAILII: Recent Decisions

sally — Thu, 24 May 2012 09:16:53 +0000

Court of Appeal (Civil Division)

Societe Generale S.A v Saad Trading, Contracting and Financial Services Company & Anor [2012] EWCA Civ 695 (23 May 2012)

High Court (Chancery Division)

Bank of Ireland & Anor v Jaffery & Anor [2012] EWHC 1377 (Ch) (23 May 2012)

Aspden v Elvy [2012] EWHC 1387 (Ch) (23 May 2012)

High Court (Patents Court)

Fabio Perini SPA v LPC Group Plc & Ors [2012] EWHC 1393 (Pat) (04 April 2012)

Source: www.bailii.org

Re-offending rates reach record level – BBC News

sally — Thu, 24 May 2012 09:13:16 +0000

“A record number of offenders sentenced for serious crimes had committed previous offences, according to figures for 2011.”

Full story

BBC News, 24th May 2012

Source: www.bbc.co.uk

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) – WLR Daily

sally — Thu, 24 May 2012 08:58:50 +0000

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) [2012] EWCA Civ 689; [2012] WLR (D) 159

“The protection against costs provided to HM Revenue and Customs by section 144(2) of the Customs and Excise Management Act 1979, in respect of proceedings brought against them on account of the seizure or detention of any thing on reasonable grounds, applied to claims for judicial review.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department – WLR Daily

sally — Thu, 24 May 2012 08:56:16 +0000

Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department [2012] UKSC 20; [2012] WLR (D) 158

“When a notice of appeal against an extradition decision had an irregularity which could be cured by amendment and the circumstances merited that, the court had jurisdiction to permit the amendment and hear the appeal. A British citizen against whom an extradition order was made was entitled to a fair determination of his common law right to remain within the jurisdiction of the United Kingdom. A statutory provision which impaired his right of appeal against an extradition decision had to be read with the qualification that the court had a discretion in exceptional circumstances to extend the time for the filing of a notice of appeal.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

I v Oberbürgermeisterin der Stadt Remscheid – WLR Daily

sally — Thu, 24 May 2012 08:54:11 +0000

I v Oberbürgermeisterin der Stadt Remscheid (Case C-348/09); [2012] WLR (D) 157

“An individual who had committed an offence, including those referred to in article 83(1)FEU of the FEU Treaty, such as the sexual exploitation of children, could be regarded as constituting a particularly serious threat to one of the fundamental interests of society and therefore could be excluded from a host member state on ‘imperative ground[s] of public security’ pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Regina (Horne and another) v Central Criminal Court – WLR Daily

sally — Thu, 24 May 2012 08:52:09 +0000

Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156

“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”

WLR Daily, 22nd May 2012

Source: www.iclr.co.uk

Time extended for appeals under Extradition Act – UK Human Rights Blog

sally — Thu, 24 May 2012 08:49:35 +0000

“The Supreme Court has ruled that there should be a discretion in exceptional circumstances for judges to extend time for service of appeals against extradition, where the statutory time limits would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process under Article 6(1) of the Human Rights Convention.”

Full story

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com

UK to resist giving prisoners the vote despite European court ruling – The Guardian

sally — Thu, 24 May 2012 08:47:56 +0000

“David Cameron believes he will be able to resist implementing a ruling from the European court of human rights that prisoners must be granted the right to vote during his time in Downing Street.”

Full story

The Guardian, 23rd May 2012

Source: www.guardian.co.uk

‘Work to rule’ blow to troubled civil courts service – Law Society’s Gazette

sally — Thu, 24 May 2012 08:43:19 +0000

“New evidence of a civil courts service reaching breaking point has emerged with staff working to rule and one county court asking law firms not to increase its ‘already vast workload’ by chasing work in arrears.”

Full story

Law Society’s Gazette, 24th May 2012

Source: www.lawgazette.co.uk

A 3 minute law degree? Clever but no mention of Eddie Stobart barristers – The Guardian

sally — Thu, 24 May 2012 08:36:00 +0000

“Students deciding whether to shell out for a law degree will be greatly helped by initiatives like Birkbeck’s taster.”

Full story

The Guardian, 23rd May 2012

Source: www.guardian.co.uk

SARs ruling brings relief to law firms – Law Society’s Gazette

sally — Thu, 24 May 2012 08:34:13 +0000

“A Court of Appeal ruling on anti-money-laundering obligations will bring relief for businesses, including law firms, and remind lawyers of the importance of having appropriate systems to evidence concerns leading to suspicious activity reports (SARs).”

Full story

Law Society’s Gazette, 24th May 2012

Source: www.lawgazette.co.uk

Ken Clarke: popular press to blame for thousands of criminals being in jail needlessly – Daily Telegraph

sally — Thu, 24 May 2012 08:26:35 +0000

“Justice Secretary Ken Clarke has blamed the popular press for putting thousands of criminals in jail who do not need to be there.”

Full story

Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Farepak victims await directors ruling – The Guardian

sally — Thu, 24 May 2012 08:24:39 +0000

“Victims of the collapse of Christmas hamper firm Farepak could be a step closer to justice as the company’s directors face a judge in London’s high court.”

Full story

The Guardian, 24th May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

sally — Wed, 23 May 2012 13:56:53 +0000

Supreme Court

Lukaszewski v The District Court in Torun, Poland [2012] UKSC 20 (23 May 2012)

NJDB v JEG & Anor (Scotland) [2012] UKSC 21 (23 May 2012)

Test Claimants in the Franked Investment Income Group Litigation v Inland Revenue [2012] UKSC 19 (23 May 2012)

Court of Appeal (Criminal Division)

Channer & Anor, Re [2012] EWCA Crim 1119 (23 May 2012)

Sule v R [2012] EWCA Crim 1130 (23 May 2012)

Court of Appeal (Civil Division)

Eastenders Cash & Carry Plc & Anor v HM Revenue & Customs [2012] EWCA Civ 689 (22 May 2012)

High Court (Chancery Division)

Bradbury v British Broadcasting Corporation [2012] EWHC 1369 (Ch) (23 May 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 1375 (TCC) (23 May 2012)

Source: www.bailii.org

Why no public appointment hearings for UK’s new European Court of Human Rights judge? – UK Human Rights Blog

sally — Wed, 23 May 2012 13:50:14 +0000

“The Guardian reported yesterday that ‘MPs aiming to claw back powers from Europe have secretly interviewed candidates to become Britain’s next judge at the European court of human rights’. Oliver Heald MP said that a group of MPs from the three main political parties met the 3 candidates, Raquel Agnello QC, Paul Mahoney and Ben Emmerson QC. The aim is ‘to improve democratic accountability’.”

Full story

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com