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

Posted May 25th, 2012 in news, school admissions, special educational needs by tracey

“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

Posted May 25th, 2012 in news, rape, sentencing, sexual offences by tracey

” 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

Posted May 25th, 2012 in appeals, child abuse, news, social services, unfair dismissal by tracey

“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

Posted May 25th, 2012 in inquiries, news by tracey

“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

Posted May 25th, 2012 in news, Supreme Court by tracey

“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

Posted May 25th, 2012 in law reports by tracey

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

Posted May 25th, 2012 in corporation tax, EC law, law reports, limitations, restitution by tracey

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

Posted May 25th, 2012 in child abuse, law reports, rape, sentencing by tracey

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

Posted May 25th, 2012 in legislation by tracey

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

Posted May 25th, 2012 in parliamentary papers by tracey

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

“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

Posted May 25th, 2012 in human rights, press releases by tracey

“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

Posted May 25th, 2012 in elections, human rights, news, prisons by tracey

“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

Posted May 25th, 2012 in bills, compensation, employment, news, unfair dismissal by tracey

“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

Posted May 25th, 2012 in courts, delay, interpreters, news by tracey

“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

Posted May 25th, 2012 in complaints, corruption, news, police, prosecutions by tracey

“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

Posted May 25th, 2012 in disciplinary procedures, doctors, hospitals, negligence, news by tracey

“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

Posted May 25th, 2012 in elections, human rights, news, prisons by tracey

“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

Posted May 25th, 2012 in fines, internet, news, sport by tracey

“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

Posted May 25th, 2012 in appeals, domestic violence, murder, news by tracey

“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