Christmas Break

Posted December 21st, 2012 in news by tracey

There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 2pm on 21st December. We will resume posting on 7th January 2013.

Happy Christmas!

 

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High Court blocks US drone intelligence case – BBC News

Posted December 21st, 2012 in disclosure, intelligence services, news, weapons by tracey

“The High Court has rejected an attempt by a Pakistani man to force the UK government to reveal if it is providing intelligence for US drone strikes.”

Full story

BBC News, 21st December 2012

Source: www.bbc.co.uk

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Cracking Down on Waste Crime report: greater transparency is needed – Halsbury’s Law Exchange

Posted December 21st, 2012 in environmental protection, news, waste by tracey

“The Environment Agency was established under the Environment Act 1995 and plays a central role in ensuring that environmental laws are complied with. Presently, it is the principal environmental regulatory body in England and Wales, although this will change as from 1 April 2013, when the Natural Resources Body for Wales commences operating. Thereafter, that body will perform the functions previously performed by Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales.”

Full story

Halsbury’s Law exchange, 20th December 2012

Source: www.halsburyslawexchange.co.uk

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High Court upholds Secretary of State’s refusal of 1,000 Grantham homes – OUT- LAW.com

Posted December 21st, 2012 in housing, news, planning by tracey

“A High Court judge has dismissed a challenge to the Secretary of State’s refusal of developer Larkfleet Limited’s plans to build a 1,000-home urban extension to the north of Grantham in South Kesteven.”

Full story

OUT-LAW.com, 20th December 2012

Source: www.out-law.com

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Defamation and privacy claimants will not have to pay other side’s costs, Government confirms – OUT- Law.com

Posted December 21st, 2012 in costs, defamation, insurance, news, privacy by tracey

“Members of the public faced with the prospect of bringing a claim for defamation
or breach of privacy against a large media organisation will in the future  be
protected against having to pay the other side’s costs if the case is lost, the
Government has announced.”

Full text

OUT-LAW.com, 20th December 2012

Source: www.out-law.com

What lies beneath the Commission on a Bill of Rights report – UK Human Rights report

Posted December 21st, 2012 in constitutional law, devolution, human rights, news, reports by tracey

“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”

Full story

UK Human Rights Blog, 20th December 2012

Source: www.ukhumanrightsblog.com

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Command Papers – official-documents.gov.uk

Posted December 21st, 2012 in parliamentary papers by tracey

Annual energy statement, Cm 8456 (PDF)

Source: www.official-documents.gov.uk

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Tesco scores partial victory in cheese cartel – Competition Bulletin from Blackstone Chambers

Posted December 21st, 2012 in competition, food, news, price fixing by tracey

“In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31.”

Full story

Competition Bulletin from Blackstone Chambers, 21st December 2012

Source: www.competitionbulletin.com

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Civil Aviation Act 2012 – legislation.gov.uk

Posted December 21st, 2012 in airports, competition, legislation by tracey

Full text of Act

Source: www.legislation.gov.uk

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Prisons (Interference with Wireless Telegraphy) Act 2012 – legislation.gov.uk

Posted December 21st, 2012 in internet, legislation, prisons, telecommunications by tracey

Full text of Act

Source: www.legislation.gov.uk

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Police (Complaints and Conduct) Act 2012 – legislation.gov.uk

Posted December 21st, 2012 in complaints, legislation, police by tracey

Full text of Act

Source: www.legislation.gov.uk

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Small Charitable Donations Act 2012 – legislation.gov.uk

Posted December 21st, 2012 in charities, legislation, taxation by tracey

Full text of Act

Source: www.legislation.gov.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted December 21st, 2012 in legislation by tracey

The Greater London Authority (Consolidated Council Tax Requirement Procedure) (No. 2) Regulations 2012

The Cumbria (Electoral Changes) Order 2012

The Town and Country Planning (Development Management Procedure) (England) (Amendment No. 3) Order 2012

Source: www.legislation.gov.uk

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Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening) (Case C-364/11) – WLR Daily

Posted December 21st, 2012 in asylum, EC law, law reports, refugees, United Nations by tracey

Abed El Karem El Kott and others v Bevándorlási és Állampolgársági Hivatal (ENSZ Menekültügyi Főbiztossága intervening): (Case C-364/11); [2012] WLR (D) 390

“On its proper interpretation, article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise needed international protection, and the content of the protection granted, the cessation of protection or assistance from organs or agencies of the United Nations other than the High Commission for Refugees ‘for any reason’ included the situation in which a person who, after actually availing himself of such protection or assistance, had ceased to receive it for a reason beyond his control and independent of his volition. Where the competent authorities of the member state responsible for examining the application for asylum established that the condition relating to the cessation of the protection or assistance provided by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was satisfied, the fact that that person was ipso facto ‘entitled to the benefits of [the] Directive’ meant that that member state must recognise him as a refugee within the meaning of article 2(c) of the Directive and that person must automatically be granted refugee status, provided always that he was not caught by article 12(1)(b) or (2) and (3) of the Directive.”

Source: www.iclr.co.uk

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Sayers v Lord Chelwood and another – WLR Daily

Posted December 21st, 2012 in law reports, limitations, personal injuries, time limits by tracey

Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389

“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Leno Merken BV v Hageldruis Beheer BV – WLR Daily

Posted December 21st, 2012 in EC law, law reports, trade marks by tracey

Leno Merken BV v Hageldruis Beheer BV: (Case C-149/11); [2012] WLR (D) 388

“The territorial borders of the member states should be disregarded in the assessment of whether a trade mark had been put to ‘genuine use in the Community’ within the meaning of article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark (OJ 2009 L78, p 1).”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387 – WLR Daily

Posted December 21st, 2012 in admissibility, evidence, grievous bodily harm, law reports, murder by tracey

Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750;   [2012] WLR (D)  387

“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”

WLR Daily, 18th December 2012

Source: www.iclr.co.uk

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British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) – WLR Daily

British Humanist Association and another v Richmond upon Thames London Borough Council (Secretary of State for Education intervening) : [2012] EWHC 3622 (Admin);   [2012] WLR (D)  386

“The obligation on a local authority to invite proposals to establish academies under section 6A of the Education Act 2006, as amended, was triggered if a local authority thought there was a need to establish a new school in their area. It was implicit in the scheme of Part 2 of the 2006 Act that there was a distinction between the concept of a “need”, which imported a sense of compelling requirement to establish a new school under section 6A, and a more general assessment by a local authority whether it might be beneficial for a new school to be established.”

WLR Daily, 14th December 2012

Source: www.iclr.co.uk

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BAILII: Recent Decisions

Posted December 21st, 2012 in law reports by tracey

Supreme Court

Societe Generale, London Branch v Geys [2012] UKSC 63 (19 December 2012)

Kinloch v Her Majesty’s Advocate (Scotland) [2012] UKSC 62 (19 December 2012)

Court of Appeal (Civil Division)

Football Association Premier League Ltd v QC Leisure & Ors [2012] EWCA Civ 1708 (20 December 2012)

Miah v Secretary of State for the Home Department [2012] EWCA Civ 1719 (20 December 2012)

Starlight Shipping Co v Allianz Marine & Aviation Versicherungs AG & Ors [2012] EWCA Civ 1714 (20 December 2012)

M (Children), Re [2012] EWCA Civ 1710 (20 December 2012)

Crossland v University of Glamorgan [2012] EWCA Civ 1709 (20 December 2012)

Aviva Insurance Ltd v Hackney Empire Ltd [2012] EWCA Civ 1716 (19 December 2012)

Royds LLP v Pine [2012] EWCA Civ 1734 (19 December 2012)

Sayers v Chelwood & Anor [2012] EWCA Civ 1715 (19 December 2012)

High Court (Administrative Court)

Zurich Assurance Ltd (t/a Threadneedle Property Investments), R (on the application of) v North Lincolnshire Council & Anor [2012] EWHC 3708 (Admin) (20 December 2012)

Patel v General Medical Council [2012] EWHC 3688 (Admin) (20 December 2012)

Nastase v Office of the State Prosecutor, Trento, Italy [2012] EWHC 3671 (Admin) (20 December 2012)

ST v Secretary of State for Home Department [2012] EWHC 988 (Admin) (20 December 2012)

Larkfleet Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 3592 (Admin) (19 December 2012)

Tracey, R (on the application of) v Cambridge University Hospital NHS Foundation & Ors [2012] EWHC 3670 (Admin) (19 December 2012)

Tinkler v Solicitors Regulation Authority [2012] EWHC 3645 (Admin) (19 December 2012)

Jarrett & Ors v Secretary of State for Communities and Local Government & Ors [2012] EWHC 3642 (Admin) (19 December 2012)

High Court (Chancery Division)

Industry-Wide Coal Staff Superannuation Scheme Co-Ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd & Anor [2012] EWHC 3712 (Ch) (20 December 2012)

WH Newson Holding Ltd & Ors v IMI Plc & Ors [2012] EWHC 3680 (Ch) (19 December 2012)

British Sky Broadcasting Group Plc & Ors v Digital Satellite Warranty Cover Ltd & Ors [2012] EWHC 3679 (Ch) (19 December 2012)

High Court (Patents Court)

Dr Reddy’s Laboratories (UK) Ltd
& Anor v Warner-Lambert Company LLC [2012] EWHC 3715 (Pat) (20 December
2012)

High Court (Queen’s Bench Division)

City of Westminster v Addbins Ltd
& Ors [2012] EWHC 3716 (QB) (20 December 2012)

Source: www.bailii.org

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Poppy burning teenager meets forces personnel in lieu of criminal charges – The Guardian

“A teenager who was arrested after posting a picture of a burning poppy on Facebook has escaped charges after meeting serving and former military personnel as part of a restorative justice programme.”

Full story

The Guardian, 20th December 2012

Source: www.guardian.co.uk

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