Tory MP gets green light to sue Mail on Sunday – The Guardian

Posted December 16th, 2011 in defamation, media, news by tracey

“A Tory MP has been given the green light to sue the Daily Mail publisher Associated Newspapers for libel over allegations he bullied a female colleague. Dominic Raab is suing the publisher over a Mail on Sunday article published on 30 January that alleged he bullied the colleague, referred to in court as ‘E’, while he worked as chief of staff to David Davis between 2006 and 2008.”

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The Guardian, 16th December 2011

Source: www.guardian.co.uk

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Overseas spouses must speak English before arriving in UK, court rules – The Guardian

Posted December 16th, 2011 in immigration, married persons, news by tracey

“The high court has upheld a government rule requiring spouses to prove they can speak English before they can join their partners in Britain. Mr Justice Beatson dismissed a judicial review challenge brought by three couples to the immigration rule introduced last November on the grounds that it was racist and would break up their families.”

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The Guardian, 16th December 2011

Source: www.guardian.co.uk

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Woman doctor wins £4.5 million for being fired after having a baby – Daily Telegraph

Posted December 16th, 2011 in damages, maternity leave, news, race discrimination, sex discrimination by tracey

“Dr Eva Michalak has won £4.5 million in compensation after her bosses mounted a campaign against her when she fell pregnant.”

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Daily Telegraph, 16th December 2011

Source: www.telegraph.co.uk

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English tests for immigrant spouses fair, court rules – BBC News

Posted December 16th, 2011 in news by tracey

“The High Court has dismissed a challenge to laws that require immigrant spouses to be able to speak English in order to live in the UK.”

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BBC News, 16th December 2011

Source: www.bbc.co.uk

 

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Julian Assange can appeal against extradition, supreme court rules – The Guardian

Posted December 16th, 2011 in appeals, extradition, news, sexual offences, Supreme Court by tracey

“The highest court in the land has granted permission for Julian Assange to appeal against his extradition to Sweden, where he faces sex crime allegations.”

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The Guardian, 16th December 2011

Source: www.guardian.co.uk

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Grandmother’s grotto fall was Santa’s fault, rule judges – Daily Telegraph

Posted December 16th, 2011 in duty of care, negligence, news, personal injuries by tracey

“A grandmother fractured her thigh after slipping on a plastic icicle which should have been cleared away by Father Christmas and his elf at Selfridges’ grotto, the Appeal Court has ruled.”

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Daily Telegraph, 16th December 2011

Source: www.telegraph.co.uk

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PI lawyers risk conflict claims under ABS – Law Society Gazette

Posted December 16th, 2011 in conflict of interest, insurance, legal profession, news, personal injuries by tracey

“The legal profession is unprepared for conflicts of interest in personal injury law that will occur from 2012, the Gazette has been told. Such conflicts could leave PI lawyers open to negligence claims and increase professional indemnity insurance premiums.”

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Law Society Gazette, 15th December 2011

Source: www.lawgazette.co.uk

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Regina v Ideal Waste Paper Co Ltd and others – WLR Daily

Posted December 16th, 2011 in abuse of process, contamination, EC law, law reports, waste by tracey

Regina v Ideal Waste Paper Co Ltd and others: [2011] WLR (D)  370

“The absence of guidance relating to the permissible levels of contamination of waste which could legally be exported did not render criminal proceedings an abuse of process on grounds that the charges were so imprecise as to offend the requirements of the common law and of article 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms concerning accessibility and certainty of criminal offences.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

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Designated Officer for Sunderland Magistrates Court v Krager and another – WLR Daily

Posted December 16th, 2011 in charging orders, confiscation, enforcement, judgments, law reports by tracey

Designated Officer for Sunderland Magistrates Court v Krager and another: [2011] EWHC 3283 (Ch);  [2011] WLR (D)  367

“The Crown Court did not have exclusive jurisdiction in relation to all aspects of the enforcement of confiscation orders.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

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

Posted December 16th, 2011 in habeas corpus, law reports, prisoners of war, transfer of prisoners by tracey

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another: [2011] EWCA Civ 1540;  [2011] WLR (D)  368

“Where a relevant detaining authority initially had control over an applicant for a writ of habeas corpus, and subsequently claimed to have lost that control, a factual issue for the court’s determination was raised, and it would be wrong for the court simply to accept the detaining authority’s claim in the context of an application for the issue of the writ.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

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Spaceright Europe Ltd v Baillavoine and another – WLR Daily

Posted December 16th, 2011 in insolvency, law reports, transfer of undertakings, unfair dismissal by tracey

Spaceright Europe Ltd v Baillavoine and another: [2011] EWCA Civ 1565;  [2011] WLR (D)  369

“The company administrator’s dismissal of a company employee when it had gone into administration could be for a reason connected with the transfer of a business, for the purposes of regulation 7(1) of the Transfer of Undertakings (Protection of Employment) Regulations 2006, and constituted an automatic dismissal of the employee, even if the disposal of the business and assets and the identity of the transferee had not been in contemplation at the time of that dismissal.”

WLR Daily, 14th December 2011

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted December 16th, 2011 in law reports by tracey

Court of Appeal (Civil Division)

Milton Keynes Council & Ors, R (on the application of) v Secretary of State for Communities & Local Government [2011] EWCA Civ 1575 (16 December 2011)

Terluk v Berezovsky [2011] EWCA Civ 1534 (15 December 2011)

Banks v Morgan & Ors [2011] EWCA Civ 1568 (15 December 2011)

Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1572 (15 December 2011)

Titshall v Qwerty Travel Ltd [2011] EWCA Civ 1569 (15 December 2011)

Teal Assurance Company Ltd v WR Berkley Insurance (Europe) Ltd & Anor [2011] EWCA Civ 1570 (15 December 2011)

Malcolm v Secretary of State for Justice [2011] EWCA Civ 1538 (14 December 2011)

Court of Appeal (Criminal Division)

McDonald v R [2011] EWCA Crim 2933 (16 December 2011)

S & Anor v R. [2011] EWCA Crim 2872 (13 December 2011)

High Court (Administrative Court)

Royal Brompton & Harefield NHS Foundation Trust v Joint Committee of Primary Care Trusts & Ors (Costs) [2011] EWHC 3364 (Admin) (15 December 2011)

High Court (Chancery Division)

Francis v F Berndes Ltd & Ors [2011] EWHC 3377 (Ch) (15 December 2011)

Paratus AMC Ltd & Anor v Countrywide Surveyors Ltd [2011] EWHC 3307 (Ch) (14 December 2011)

High Court (Commercial Court)

PEC Ltd v Thai Maparn Trading Co Ltd [2011] EWHC 3306 (Comm) (13 December 2011)

Welven Ltd v Soar Group Ltd & Anor [2011] EWHC 3240 (Comm) (09 December 2011)

High Court (Family Division)

NG v SG (Appeal: Non-disclosure) [2011] EWHC 3270 (Fam) (09 December 2011)

High Court (Patents Court)

Sandvik Intellectual Property AB v Kennametal UK Ltd & Anor [2011] EWHC 3311 (Pat) (15 December 2011)

High Court (Queen’s Bench Division)

Serious Organised Crime Agency v Hymans & Ors [2011] EWHC 3332 (QB) (16 December 2011)

Doy v Gunn [2011] EWHC 3344 (QB) (15 December 2011)

Raab MP v Associated Newspapers Ltd [2011] EWHC 3375 (QB) (15 December 2011)

Naraji v Shelbourne MD & Ors [2011] EWHC 3298 (QB) (15 December 2011)

High Court (Technology and Construction Court)

ACD (Landscape Architects) Ltd v Overall & Anor [2011] EWHC 3362 (TCC) (15 December 2011)

Source: www.bailii.org

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Recent Statutory Instruments – legislation.gov.uk

Posted December 16th, 2011 in legislation by tracey

The Government Resources and Accounts Act 2000 (Estimates and Accounts) (Amendment) Order 2011

The Investment Trust (Approved Company) (Tax) Regulations 2011

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2011

The Iran (Restrictive Measures) (Overseas Territories) Order 2011

The Belarus (Restrictive Measures) (Overseas Territories) (Amendment) Order 2011

The Occupational Pension Schemes (Employer Debt and Miscellaneous Amendments) Regulations 2011

The Community Legal Service (Financial) (Amendment No. 2) Regulations 2011

The Civil Procedure (Amendment No. 3) Rules 2011

The Wireless Telegraphy (Exemption) (Amendment) Regulations 2011

The Wireless Telegraphy (Intelligent Transport Systems) (Exemption) Regulations 2011

The Renewable Transport Fuel Obligations (Amendment) Order 2011

The Greenhouse Gas Emissions Trading Scheme (Amendment) (Registries and Fees etc.) Regulations 2011

Source: www.legislation.gov.uk

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Tweet smell of success – Halsbury’s Law Exchange

Posted December 16th, 2011 in internet, media, news, reporting restrictions by tracey

“At last the courts move into the 21st century! Yesterday, the Lord Chief Justice (LCJ) announced that tweeting from court could be carried out by journalists and legal commentators without them seeking advanced permission. Otherwise judges will decide who can and can’t tweet from a courtroom.”

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Halsbury’s Law Exchange, 15th December 2011

Source: www.halsburyslawexchange.co.uk

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Selfridges’ raw milk dispenser ‘contravenes food hygiene regulations’ – The Guardian

Posted December 16th, 2011 in food hygiene, news by tracey

“A major London department store is giving consumers the chance to buy unpasteurised milk, despite the government food watchdog’s claim that the move is illegal on public health grounds.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

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MPs’ expenses: Margaret Moran ‘not fit to stand trial’, court told – The Guardian

Posted December 16th, 2011 in expenses, false accounting, fitness to plead, mental health, news, parliament by tracey

“Judge to decide on whether former Labour MP accused of falsely claiming £80,000 expenses should face trial.”

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The Guardian, 15th December 2011

Source: www.guardian.co.uk

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New police professional body – Home Office

Posted December 16th, 2011 in police, press releases by tracey

“A new police professional body that supports police officers at all ranks and civilian policing professionals will be set up next year.”

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Home Office, 15th December 2011

Source: www.homeoffice.gov.uk

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Theresa May to create new policing body – The Independent

Posted December 16th, 2011 in news, police by tracey

“A new professional body for policing which will represent the entire service will be created, the Home Secretary said today. Theresa May said the body ‘will develop policing as a single profession’ and ‘act only in the public interest’, adding that she also saw the need for a chiefs’ council.”

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The Independent, 15th December 2011

Source: www.independent.co.uk

 

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Wayne Fox loses appeal after Tirion Lewis attack – BBC News

Posted December 16th, 2011 in appeals, assault, kidnapping, news, sentencing by tracey

“A man who kidnapped and savagely assaulted his girlfriend, leaving her in a coma, has had an appeal against his indeterminate sentence turned down.”

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BBC News, 15th December 2011

Source: www.bbc.co.uk

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Assisted suicide: GMC to publish guidance – BBC News

Posted December 16th, 2011 in assisted suicide, complaints, disciplinary procedures, doctors, news by tracey

“Guidance on how to deal with complaints against doctors who may have assisted in suicides will be published by the General Medical Council.”

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BBC News, 16th December 2011

Source: www.bbc.co.uk

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