Addenbrooke’s Hospital payout as equipment left in patient – BBC News

Posted December 5th, 2012 in compensation, hospitals, negligence, news by sally

“A hospital has apologised and paid £7,000 in compensation to a man who had surgical equipment left inside him following an operation.”

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BBC News, 5th December 2012

Source: www.bbc.co.uk

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Equality and diversity rules spot check – Bar Standards Board

Posted December 5th, 2012 in barristers, diversity, equality, news by sally

“The BSB is undertaking a ‘progress check’ with a sample of 40 chambers to commence in February 2013. This to understand the extent to which the profession is engaging with the new equality and diversity rules and to identify any areas of challenge for individuals and chambers.”

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Bar Standards Board, 3rd December 2012

Source: www.barstandardsboard.org.uk

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JSC BTA Bank v Ablyazov (No 8) – WLR Daily

Posted December 5th, 2012 in bias, civil justice, contempt of court, law reports, recusal by sally

JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366

“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

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M v Scottish Ministers – WLR Daily

M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365

“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

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In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily

Posted December 5th, 2012 in care orders, family courts, jurisdiction, law reports, local government by sally

In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364

“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

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Regina v Smith (Mark) – WLR Daily

Regina v Smith (Mark) [2012] EWCA Crim 2566; [2012] WLR (D) 362

“The court had to identify the potential victim in a restraining order under section 5A of the Protection from Harassment Act 1997 to reflect the underlying purpose of the provision to protect that person or class of persons from an acquitted defendant and could only impose an order if satisfied that the defendant was likely to pursue a course of conduct which amounted to harassment within the meaning of section 1 of the Act.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

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Regina (Tajik) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted December 5th, 2012 in appeals, delay, diplomats, embassies, extradition, human rights, law reports, time limits by sally

Regina (Tajik) v City of Westminster Magistrates’ Court and another [2012] EWHC 3347 (Admin); [2012] WLR (D) 361

“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted December 5th, 2012 in legislation by sally

The Civil Partnership Act 2004 (Overseas Relationships) Order 2012

The Protection of Freedoms Act 2012 (Disclosure and Barring Service Transfer of Functions) Order 2012

The Education (Independent School Standards) (England) (Amendment) Regulations 2012

The Child Support Management of Payments and Arrears (Amendment) Regulations 2012

The Income Tax (Professional Fees) Order 2012

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted December 5th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

J.OC, R v [2012] EWCA Crim 2458 (2 November 2012)

Smith v R. [2012] EWCA Crim 2566 (29 November 2012)

Court of Appeal (Civil Division)

Secret Hotels2 Ltd v Revenue and Customs [2012] EWCA Civ 1571 (03 December 2012)

Okoro & Anor v Taylor Woodrow Construction Ltd & Ors [2012] EWCA Civ 1590 (04 December 2012)

Tweedie & Anor v Souglides [2012] EWCA Civ 1546 (04 December 2012)

Davies v Watkins [2012] EWCA Civ 1570 (04 December 2012)

Brown & Ors v Innovatorone Plc & Ors [2012] EWCA Civ 1587 (04 December 2012)

High Court (Chancery Division)

Slocom Trading Ltd & Anor v Tatik Inc & Ors [2012] EWHC 3464 (Ch) (04 December 2012)

High Court (Administrative Court)

Williams v The Secretary of State for Communities And Local Government & Anor [2012] EWHC 3466 (Admin) (04 December 2012)

High Court (Family Court)

J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)

I (Habitual Residence), Re [2012] EWHC 3363 (Fam) (03 December 2012)

Source: www.bailii.org

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FCA’s temporary product ban powers “approval by another name”, says expert – OUT-LAW.com

Posted December 5th, 2012 in banking, consumer protection, financial regulation, news by sally

“The Financial Services Authority (FSA) is consulting on a new power that will enable regulators to ban financial products without consultation in certain circumstances.”

Full story

OUT-LAW.com, 5th December 2012

Source: www.out-law.com

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Man cleared of racial abuse after using nigger ‘as term of endearment’ – The Guardian

Posted December 5th, 2012 in news, public order, racism, threatening behaviour by sally

“A court has cleared a man who shouted the word ‘nigger’ at a black man of racial abuse, after he claimed he was a rap music fan who used the term as an endearment.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

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High Court judge warned to keep a ‘lower profile’ after speaking out for marriage – Daily Telegraph

Posted December 5th, 2012 in complaints, judges, lobbying, marriage, news by sally

“A High Court judge has been warned to keep a ‘lower profile’ after speaking out in favour of marriage, after a complaint his view was “incompatible” with his responsibilities.”

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Daily Telegraph, 5th December 2012

Source: www.telegraph.co.uk

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‘Unfair’ supermarkets could face hefty fines under new watchdog – The Guardian

Posted December 5th, 2012 in competition, consumer protection, fines, news, unfair commercial practices by sally

“Large UK supermarkets which abuse their power in the marketplace and treat suppliers ‘unfairly’ could be fined by a new watchdog under changes announced by the Department for Business.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

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Man jailed over naked climb on Whitehall statue – BBC News

Posted December 5th, 2012 in criminal damage, news, offensive weapons, public order, sentencing by sally

“A 29-year-old who stripped naked on top of a statue in central London, before breaking off its sword and biting it, has been jailed for 12 weeks.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

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‘Sexual predator’ Paul Taylor found guilty of 1979 murder of Sally McGrath – The Independent

Posted December 5th, 2012 in murder, news, rape, sexual offences by sally

“A man described as a ‘sexual predator’ has been found guilty of a 1979 murder and five attacks on other women.”

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The Independent, 4th December 2012

Source: www.independent.co.uk

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Jack Straw on judicial appointments: ‘Labour went too far’ – The Guardian

Posted December 5th, 2012 in diversity, equality, judicial appointments commission, judiciary, news by sally

“Former lord chancellor admits reformed system does not allow talented women and ethnic minorities to be sought out.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

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