Regina (Foley) v Parole Board for England and Wales and another – WLR Daily

Posted August 1st, 2012 in early release, law reports, parole, prisons, release on licence, sentencing by sally

Regina (Foley) v Parole Board for England and Wales and another [2012] EWHC 2184 (Admin); [2012] WLR (D) 241

“There could no longer be any objective justification for the different tests governing early release applied by the Parole Board to those serving indeterminate sentences and those serving determinate sentences under the Criminal Justice Act 1991.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) – WLR Daily

Posted August 1st, 2012 in care orders, families, judgments, law reports, split hearings by sally

In reL and another (Children) (Preliminary fact finding hearing: Judge’s power to reverse conclusions on findings of fact) [2012] EWCA Civ 984; [2012] WLR (D) 240

“In respect of split hearings in family proceedings, the judge did not have a general licence to amend his judgment as to past fact at any time before he had pronounced his judgment as to the future. In the interim period between judgment on a preliminary issue trial and the hearing of the second trial, a judge was precluded from taking account of developments relating to the findings on the preliminary issue trial unless they were substantial, if not fundamental. Where a judge was invited to expand his findings or reasons in further support of the stated conclusions in his judgment, he could not reverse his previously stated conclusion.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Arif v Zar and another – WLR Daily

Arif v Zar and another [2012] EWCA Civ 986; [2012] WLR (D) 239

“In relation to a bankruptcy order, the court sitting in bankruptcy had to give consideration to the possibility that a person might attempt to use the protection of the order as a shield against the claims of their spouse for ancillary relief. Where there was credible evidence of that the court ought not to be afraid to use its powers to order full disclosure and to require the attendance and cross-examination of witnesses where necessary in order properly and fairly to determine an annulment application. The question of whether it was right to transfer an annulment application to be heard alongside an ancillary relief application in the Family Division depended upon the facts and was a matter of discretion for the registrar or judge asked to transfer it.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) – WLR Daily

Serious Organised Crime Agency v Perry and others; Serious Organised Crime Agency v Perry and others (No 2) [2012] UKSC 35; [2012] WLR (D) 238

“A disclosure order obtained in civil recovery proceedings did not authorise sending information notices to persons who were outside the United Kingdom.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Regina (YZ (China)) v Secretary of State for the Home Department – WLR Daily

Posted August 1st, 2012 in appeals, deportation, families, immigration, judicial review, law reports by sally

Regina (YZ (China)) v Secretary of State for the Home Department [2012] EWCA Civ 1022; [2012] WLR (D) 237

“Where a foreign national was removed from the United Kingdom in consequence of the unlawful issue of a certificate under section 96(2) of the Nationality, Immigration and Asylum Act 2002 following refusal by the Secretary of State of his application for revocation of a deportation order, there was no presumption that the court should order his return to pursue an in-country appeal.”

WLR Daily, 26th July 2012

Source: www.iclr.co.uk

Bilta (UK) Ltd (in liquidation) and others v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) and others v Nazir and others [2012] EWHC 2163 (Ch); [2012] WLR (D) 236

“Section 213 of the Insolvency Act 1986 had extraterritorial effect. Sir Andrew Morritt C so held in the Chancery Division when dismissing the application by the sixth defendant Jetivia SA (‘Jetivia’), a company incorporated in Switzerland, and the seventh defendant, its sole director Urs Brunschweiler (‘B’), seeking orders that the claim by the second and third claimants, Kevin John Hellard and David Anthony Ingram, the liquidators of the first claimant, Bilta (UK) Ltd (‘Bilta’), alleging that the defendants had conspired to injure and defraud Bilta and were knowingly parties to the carrying on of the business of Bilta with intent to defraud the creditors of Bilta and other fraudulent purposes, should be summarily dismissed. Save for the ninth defendant, only Jetivia and B were now participating in the proceedings.”

WLR Daily, 30th July 2012

Source: www.iclr.co.uk

Hewage v Grampian Health Board – WLR Daily

Hewage v Grampian Health Board [2012] UKSC 37; [2012] WLR (D) 235

“In considering a claim for discrimination in the employment tribunal, the statutory burden of proof provisions only required careful attention where there was room for doubt as to the facts necessary to establish discrimination.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Chambers v Director of Public Prosecutions – WLR Daily

Chambers v Director of Public Prosecutions [2012] EWHC 2157 (Admin); [2012] WLR (D) 234
“A message which did not create fear or apprehension in those to whom it was communicated, or who may reasonably have been expected to see it, was not of a ‘menacing character’ within the meaning section 127(1)(a) of the Communications Act 2003. That provision created an offence of basic intent and, accordingly, the mental element of the offence was satisfied if the accused were proved to have intended that the message should have been of menacing character or alternatively, to have been aware of or to have recognised the risk at the time of sending the message that it might have created fear or apprehension in any reasonable member of the public who had read or seen it. Moreover, a ‘tweet’ sent via the social networking site Twitter, was ‘a message’ sent by an electronic communications service for the purposes of section 127(1) of the 2003 Act regardless of whether the tweet was read as a ‘message’ or as content on the website.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Regina (NB (Algeria)) v Secretary of State for the Home Department – WLR Daily

Posted August 1st, 2012 in appeals, asylum, judicial review, jurisdiction, law reports, stay of execution by sally

Regina (NB (Algeria)) v Secretary of State for the Home Department [2012] EWCA Civ 1050; [2012] WLR (D) 233

“The Court of Appeal had jurisdiction to grant an claimant, whose claim for judicial review of a removal order had been rejected by Upper Tribunal, a stay of his removal until his application for permission to appeal had been considered by the Court of Appeal.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Government criticised for keeping Iraq war talks secret – BBC News

Posted August 1st, 2012 in attorney general, freedom of information, Iraq, news, veto, war by sally

“The decision to keep Iraq war cabinet minutes secret is ‘disappointing’, the UK information commissioner has said.”

Full story

BBC News, 1st August 2012

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted August 1st, 2012 in legislation by sally

The Data Protection (Processing of Sensitive Personal Data) Order 2012

The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012

The Social Security (Civil Penalties) Regulations 2012

The Special Constables (Amendment) Regulations 2012

The Police (Amendment No. 3) Regulations 2012

The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012

The Police and Crime Commissioner Elections (Designation of Police Area Returning Officers) Order 2012

The Police and Crime Commissioner Elections (Designation of Local Authorities) Order 2012

The Designation of Features (Appeals) (Wales) Regulations 2012

Source: www.legislation.gov.uk

The City deserves a financial regulator with clout – The Guardian

Posted August 1st, 2012 in financial regulation, news, Serious Fraud Office, warrants by sally

“The language of the high court judgment in effect quashing search warrants against Mayfair property tycoon brothers Robert and Vincent Tchenguiz was not as critical of the Serious Fraud Office as might have been expected.”

Full story

The Guardian, 31st July 2012

Source: www.guardian.co.uk

Tchenguiz Brothers’ search warrants ruled unlawful – BBC News

Posted August 1st, 2012 in misrepresentation, news, search & seizure, Serious Fraud Office, warrants by sally

“Search warrants issued to the Serious Fraud Office as part of its investigations of property tycoons the Tchenguiz brothers were unlawful and obtained by ‘misrepresentation’, the High Court has ruled.”

Full story

BBC News, 31st July 2012

Source: www.bbc.co.uk

Daily Mail publisher loses bid to appeal against privacy damages – The Guardian

Posted August 1st, 2012 in children, damages, media, news, privacy by sally

“The publisher of the Daily Mail and Mail on Sunday has lost its bid to appeal against a high court order to pay £15,000 in privacy damages to a child whose alleged father is a ‘philandering’ politician.”

Full story

The Guardian, 31st July 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 1st, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Dao & Ors v R. [2012] EWCA Crim 1717 (31 July 2012)

Gul v R [2012] EWCA Crim 1761 (31 July 2012)

Court of Appeal (Civil Division)

Secretary of State for the Home Department v Hayat (Pakistan) [2012] EWCA Civ 1054 (31 July 2012)

Salte v The Chief Constable of Dorset [2012] EWCA Civ 1047 (31 July 2012)

Welsh National Opera Ltd v Johnston [2012] EWCA Civ 1046 (31 July 2012)

Interclass Holdings Ltd & Anor v Office of Fair Trading [2012] EWCA Civ 1056 (31 July 2012)

Deutsche Bahn Ag & Ors v Morgan Crucible Company Plc & Ors [2012] EWCA Civ 1055 (31 July 2012)

Ener-G Holdings Plc v Hormell [2012] EWCA Civ 1059 (31 July 2012)

The London Borough of Enfield v Outdoor Plus Ltd & Anor [2012] EWCA Civ 1052 (27 July 2012)

High Court (Queen’s Bench Division)

JIH v News Group Newspapers Ltd [2012] EWHC 2179 (QB) (30 July 2012)

Birch v Ministry of Defence [2012] EWHC 2267 (QB) (31 July 2012)

AAA v Associated Newspapers Ltd [2012] EWHC 2224 (QB) (31 July 2012)

EWQ v GFD [2012] EWHC 2182 (QB) (30 July 2012)

SKA & Anor v CRH & Ors [2012] EWHC 2236 (QB) (31 July 2012)

Source: www.bailii.org

Pay-out for ex-postal worker over race discrimination – The Independent

“A former postal worker has been awarded undisclosed compensation after an employment tribunal ruled he had faced discrimination.”

Full story

The Independent, 31st July 2012

Source: www.independent.co.uk

Tom Daley Twitter abuse arrest leads to calls to educate people of legal risks – The Guardian

Posted August 1st, 2012 in freedom of expression, internet, malicious communications, news by sally

“The arrest of a teenager by police investigating abuse of Olympic diving star Tom Daley on Twitter has led to calls for a new initiative educating the public about the ease with which a tweet can end with a jail sentence.”

Full story

The Guardian, 31st July 2012

Source: www.guardian.co.uk

Data Matching Pilot Schemes – Panopticon

Posted August 1st, 2012 in electoral register, legislation, news, pilot schemes by sally

“The Electoral Registration Data Schemes Order 2012, SI 2012/1944 (‘the Order’), made and coming into force on 17 July 2012, pursuant to Sections 35 and 36 of the Political Parties and Elections Act 2009 (‘the 2009 Act’), gives effect to proposals for local Electoral Registration Officers (“EROs”) to run data matching pilot schemes.”

Full story

Panopticon, 1st August 2012

Source: www.panopticonblog.com

Agreements on room discounts may have been anti-competitive, says OFT – OUT-LAW.com

Posted August 1st, 2012 in competition, EC law, hotels, news by sally

“The biggest hotel chain in the world and two online travel agents may have breached UK competition law by entering into agreements that limited the ability of those agents to discount the price of room-only offers, a UK regulator has said.”

Full story

OUT-LAW.com, 31st July 2012

Source: www.out-law.com

Forced marriage advice to help victims with learning disabilities – BBC News

Posted August 1st, 2012 in consent, forced marriages, learning difficulties, local government, news by sally

“Fifty English councils are bringing in policies to tackle the rise in the number of people with learning disabilities entering forced marriages.”

Full story

BBC News, 1st August 2012

Source: www.bbc.co.uk