Man jailed for five years after threatening neighbour with sex aid – Daily Telegraph

Posted November 23rd, 2012 in firearms, news, sentencing, threatening behaviour by tracey

“A man who threatened his neighbour with a sexual aid tucked into his trousers has been jailed for five years after police mistook it for a firearm.”

Full story

Daily Telegraph, 23rd November 2012

Source: www.telegraph.co.uk

Father jailed after refusing to move from his own land – Daily Telegraph

Posted November 23rd, 2012 in contempt of court, news, planning, sentencing by tracey

“A working father who refused to leave his family-owned land in the ‘millionaires’ row’ of a picturesque village while he sought permission for a £32,000 eco-house has been jailed.”

Full story

Daily Telegraph, 23rd November 2012

Source: www.telegraph.co.uk

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Peter Cole jailed for Ambrose Skingle Theydon Bois death – BBC News

Posted November 23rd, 2012 in dangerous driving, news, sentencing by tracey

“An elderly man who lied about his failing eyesight has been jailed after he killed a pedestrian.”

Full story

BBC News, 23rd November 2012

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted November 23rd, 2012 in law reports by tracey

High Court (Administrative Court)

Wiltshire Police, R (on the application of) v The Police Appeals Tribunal & Anor [2012] EWHC 3288 (Admin) (23 November 2012)

High Court (Chancery Division)

Arrowgame Ltd v Maxwell Brent Wildsmith & Ors [2012] EWHC 3315 (Ch) (22 November 2012)

High Court (Commercial Court)

Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)

High Court (Queen’s Bench Division)

London Borough of Richmond Upon Thames v Kubicek [2012] EWCA 3292 (QB) (23 November 2012)

Source: www.bailii.org

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Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily

Posted November 23rd, 2012 in bail, deportation, disclosure, human rights, judicial review, law reports by tracey

Regina (BB (Algeria)) v Special Immigration Appeals Commission and another: [2012] EWCA Civ 1499;   [2012] WLR (D)  334

“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”

WLR Daily, 19th November 2012

Source: www.iclr.co.uk

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Various Claimants v Catholic Child Welfare Society and others – WLR Daily

Posted November 23rd, 2012 in child abuse, education, employment, law reports, vicarious liability by tracey

Various Claimants v Catholic Child Welfare Society and others: [2012] UKSC 56;   [2012] WLR (D)  335

“A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the school management body at a residential school.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

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Samin v Westminster City Council – WLR Daily

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, law reports by tracey

Samin v Westminster City Council: [2012] EWCA Civ 1468;   [2012] WLR (D)  336

“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

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Shagroon v Sharbatly – WLR Daily

Shagroon v Sharbatly: [2012] EWCA Civ 1507;   [2012] WLR (D)  337

“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

 

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Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily

Posted November 23rd, 2012 in appeals, human rights, imprisonment, law reports, murder, rape, sentencing by tracey

Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Simmons; Regina v Stapleton: [2012] EWCA Crim 2435;   [2012] WLR (D)  338

“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted November 23rd, 2012 in legislation by tracey

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012

The Land Charges Fees (Amendment) Rules 2012

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Commencement No. 4 and Saving Provisions) Order 2012

The Criminal Justice Act 2003 (Commencement No. 30 and Consequential Amendment) Order 2012

The Inheritance Tax (Market Makers and Discount Houses) Regulations 2012

The Income Tax (Purchased Life Annuities) (Amendment) Regulations 2012

The Crime (Sentences) Act 1997 (Commencement No. 5) Order 2012

The Official Secrets Act 1989 (Prescription) (Amendment) Order 2012

The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

The Land Charges (Amendment) Rules 2012

Source: www.legislation.gov.uk

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Command Papers – official-documents.gov.uk

Posted November 23rd, 2012 in parliamentary papers by tracey

Voting eligibility (prisoners) draft bill, Cm 8499 (PDF)

Source: www.official-documents.gov.uk

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A View Across The System: London Common Law and Commercial Bar Association – Speech by Lord Justice Gross

Posted November 23rd, 2012 in judiciary, legal services, public interest, rule of law, speeches by tracey

“” It is a pleasure to be here this evening to deliver the LCLCBA’s annual lecture. It is some time now since I was the chairman of the Association and I am glad to see that under the chairmanship of Michael Kent QC it continues to go from strength to strength. The role played in the development of the profession, and the interests of their members, of specialist Bar Associations, such as the LCLCBA is of immense importance and will continue to be so. I should emphasise that the views I express are my own; I do not purport to speak for the judiciary more generally…”

Full speech

Judiciary of England and Wales, 22nd November 2012

Source: www.judiciary.gov.uk

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Flexible changes to Immigration Rules for the brightest and best – Home Office

Posted November 23rd, 2012 in immigration, press releases, regulations, visas by tracey

“Changes to the Immigration Rules, which will ensure the UK remains the destination of choice for exceptional overseas talent, have been published today.”

Full press release

Home Office, 22nd November 2012

Source: www.homeoffice.gov.uk

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“Murder most foul”: whole life imprisonment not a human rights breach – UK Human Rights Blog

Posted November 23rd, 2012 in human rights, murder, news, rape, sentencing by tracey

“Oakes and others v R [2012] EWCA Crim 2435 – the imposition of whole life orders for extremely serious crimes does not violate the prohibition on inhuman and degrading treatment under Article 3.”

Full story

UK Human Rights Blog, 22nd November 2012

Sooure: www.ukhumanrightsblog.com

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New anonymisation code sets out how to manage privacy risks and maintain transparency – Information Commissioner’s Office

Posted November 23rd, 2012 in anonymity, codes of practice, data protection, privacy by tracey

“The Information Commissioner’s Office (ICO) has today published its data protection code of practice on managing the risks related to anonymisation. The code explains how to protect the privacy rights of individuals while providing rich sources of data.”

Full code

Information Commissioner’s Office, 20th November 2012

Source: www.ico.gov.uk

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ISPs will first determine whether public Wi-Fi providers are subject to anti-piracy code, Ofcom says – OUT-LAW.com

Posted November 23rd, 2012 in copyright, internet, news by tracey

“Internet service providers (ISPs) will decide whether libraries, cafes and other public Wi-Fi network providers should be served with letters warning them that their service is being used to infringe copyright, Ofcom’s head of copyright has said.”

Full story

OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

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RFU plans tough sanctions against ticket resellers after Supreme Court dismisses privacy concerns around disclosure – OUT-LAW.com

Posted November 23rd, 2012 in data protection, electronic commerce, internet, news, privacy, proportionality, sport by tracey

“A website operator must disclose the names and addresses of people who used the site to trade rugby tickets after the Supreme Court said that doing so would not be a disproportionate infringement of those individuals’ privacy rights.”

Full story

OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

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Online behavioural advertising transparency and opt out requirements to be set out in UK advertising rules – OUT-LAW.com

“Behavioural advertising networks will be subject to UK advertising rules from February next year, the advertising regulator has said.”

Full story

OUT-LAW.com, 22nd November 2012

Source: www.out-law.com

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Deja Vu All Over Again (and again) – NearlyLegal

Posted November 23rd, 2012 in benefits, disabled persons, EC law, homelessness, housing, immigration, news by tracey

“In Samin v Westminster CC [2012] EWCA Civ 1468, the Court of Appeal had to decide what was meant by someone being ‘temporarily unable to work’ so as to determine if Mr Samin retained his status as a ‘worker’ under the Immigration (European Economic Area) Regulations 2006.”

Full story

NearlyLegal, 22nd November 2012

Source: www.nearlylegal.co.uk/blog/

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Female genital mutilation – time for a prosecution – Halsbury’s Law Exchange

Posted November 23rd, 2012 in evidence, female genital mutilation, news, prosecutions by tracey

“There has been legislation in this country to criminalise female genital mutilation (FGM) for a long time and not one successful prosecution. The three cases referred to the CPS in the last two years had significant evidential difficulties and there was no realistic prospect of conviction.”

Full story

Halsbury’s Law Exchange, 19th November 2012

Source: www.halsburyslawexchange.co.uk

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