More trials being disrupted over interpreter failings – The Guardian

Posted December 14th, 2012 in courts, delay, interpreters, news by tracey

“Nearly 200 trials were disrupted or postponed in England and Wales in the first quarter of the year because interpreters provided by a private firm failed to appear, according to a damning report by the select committee.”

Full story

The Guardian, 14th December 2012

Source: www.guardian.co.uk

 

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Appeal court rejects attempt to increase Chris Halliwell’s murder sentence – The Guardian

Posted December 14th, 2012 in murder, news, sentencing by tracey

“The appeal court has ruled against an attempt to increase the minimum jail term being served by Chris Halliwell, who brutally murdered Sian O’Callaghan after she got into his taxi.”

Full story

The Guardian, 14th December 2012

Source: www.guardian.co.uk

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Former Labour MP Margaret Moran escapes jail and criminal conviction despite fiddling £53,000 of expenses from taxpayer – The Independent

Posted December 14th, 2012 in expenses, fraud, news, parliament, sentencing by tracey

“The former Labour MP, Margaret Moran, has been given a two-year supervision and treatment order for fiddling her expenses in order to gain £53,000 she was not entitled to.”

Full story

The Independent, 14th December 2012

Source: www.independent.co.uk

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Phone-hacking: 22 victims ‘reach court settlement’ – BBC News

Posted December 14th, 2012 in compensation, interception, media, news, privacy by tracey

“Twenty-two victims of the News of The World (NoW) phone-hacking scandal,
including DJ Jamie Theakston and Jade Goody’s ex-partner, have accepted damages
to settle their cases.”

Full story

BBC News, 14th December 2012

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted December 14th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Devanney v London Borough of Hounslow [2012] EWCA Civ 1660 (13 December 2012)

Bank of Scotland v Qutb [2012] EWCA Civ 1661 (13 December 2012)

Ryanair Holdings Plc (Ryanair) v Competition Commission (CC) & Anor [2012] EWCA Civ 1632 (13 December 2012)

Durham County Council v Dunn [2012] EWCA Civ 1654 (13 December 2012)

ZS (Jamaica) & Anor v Secretary of State for the Home Department [2012] EWCA Civ 1639 (13 December 2012)

Mirador International LLC v MF Global UK Ltd [2012] EWCA Civ 1662 (13 December 2012)

High Court (Administrative Court)

The Company of Proprietors of Whitchurch Bridge, R (On the Application of) v HM Treasury [2012] EWHC 3579 (Admin) (13 December 2012)

Mastafa v HM Treasury [2012] EWHC 3578 (Admin) (13 December 2012)

Ball v Secretary of State for Communities And Local Government [2012] EWHC 3590 (Admin) (13 December 2012)

Chatting, R (On the Application Of) v Viridian Housing & Anor [2012] EWHC 3595 (Admin) (13 December 2012)

San Vicente & Anor v Secretary of State for Communities & Local Government & Ors [2012] EWHC 3585 (Admin) (12 December 2012)

High Court (Chancery Division)

HFI Farnborough Llp & Ors v Park Garage Group Plc [2012] EWHC 3577 (Ch) (13 December 2012)

Population Diagnostics Inc v The Comptroller General of Patents, Designs And Trade Marks [2012] EWHC 3541 (Ch) (13 December 2012)

IBM United Kingdom Pensions Trust Ltd v IBM United Kingdom Holdings Trust Ltd & Ors [2012] EWHC 3540 (Ch) (13 December 2012)

High Court (Commercial Court)

Minerva Navigation Inc v Oceana Shipping AG [2012] EWHC 3608 (Comm) (13 December 2012)

Dalmare SpA v Union Maritime Ltd & Anor [2012] EWHC 3537 (Comm) (13 December 2012)

Source: www.bailii.org

 

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In re A (A Child) (Family Proceedings: Disclosure of Information) – WLR Daily

In re A (A Child) (Family Proceedings: Disclosure of Information): [2012] UKSC 60; [2012] WLR (D) 378

“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

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Brown-Quinn and another v Equity Syndicate Management Ltd and another – WLR Daily

Posted December 14th, 2012 in contracts, costs, fees, insurance, law reports, remuneration, solicitors by tracey

Brown-Quinn and another v Equity Syndicate Management Ltd and another: [2012] EWCA Civ 1633; [2012] WLR (D) 377

“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

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Nottinghamshire County Council v Suffolk County Council – WLR Daily

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

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Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily

Posted December 14th, 2012 in amendments, judgments, jurisdiction, law reports by tracey

Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch);   [2012] WLR (D)  375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted December 14th, 2012 in legislation by tracey

The Family Procedure (Amendment) (No.5) Rules 2012

Source: www.legislation.gov.uk

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Insurers celebrate ruling on BTE non-panel rates – Litigation Futures

Posted December 14th, 2012 in costs, fees, insurance, news by tracey

“Legal expenses insurers have welcomed this week’s Court of Appeal ruling about the rates they have to pay non-panel firms.”

Full story

Litigation Futures, 14th December 2012

Source: www.legalfutures.co.uk

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Hold the front page: News-gathering in a time of change – Judiciary of England and Wales

Posted December 14th, 2012 in injunctions, media, privacy, prosecutions, speeches by tracey

” ‘Hold the front page: news-gathering in a time of change,’ speech by Lord Justice Leveson, University of Melbourne, Australia, 12 December 2012.”

Full speech

Judiciary of England and Wales, 12th December 2012

Source: www.judiciary.gov.uk

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Victims to be given back their voice – Home Office

Posted December 14th, 2012 in criminal justice, press releases, punishment, restorative justice, victims by tracey

“Victims of antisocial behaviour and low level crime will be able to have their say on out-of-court punishments of offenders, the Home Office announced today.”

Full press release

Home Office, 13th December 2012

Source: www.homeoffice.gov.uk

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Home Secretary Speech on ‘An Immigration System that Works in the National Interest’ – Speech given by Theresa May

Posted December 14th, 2012 in immigration, speeches by tracey

“Speech given by Theresa May on ‘An Immigration System that Works in the National Interest’. The Speech was delivered on 12 December 2012.”

Full speech

Home Office, 12th December 2012

www.homeoffice.gov.uk

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“Engaged and in control”: Chairman-Elect Maura McGowan QC’s inaugural speech to Bar Council – The Bar Council

Posted December 14th, 2012 in barristers, legal services, rule of law, speeches by tracey

“Engaged and in control: Chairman-Elect Maura McGowan QC’s inaugural speech to Bar Council, delivered on 10 December 2012.”

Full speech

The Bar Council, 12th December 2012

Source: www.barcouncil.org.uk

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Quicker, costlier and less appealing: plans for Judicial Review reform revealed – UK Human Rights Blog

Posted December 14th, 2012 in consultations, judicial review, news by tracey

“The Government has revealed its plans to reform Judicial Review, and has opened a public consultation which closes on 24 January 2013.”

Full story

UK Human Rights Blog, 13th December 2012

Source: www.ukhumanrightsblog.com

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From base pairs to the bedside: medical confidentiality in a changing world – UK Human Rights Blog

Posted December 14th, 2012 in confidentiality, data protection, human rights, medical records, news, privacy by tracey

“This week David Cameron announced plans to introduce whole genome mapping for cancer patients and those with rare diseases within the NHS.”

Full story

UK Human Rights Blog, 12th December 2012

www.ukhumanrightsblog.com

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Supreme Court: Articles 3, 6 and 8 ECHR in child protection PII case – Panopticon

“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”

Full story

Panopticon, 13th December 2012

www.panopticonblog.com

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Universities and requests for lecturers’ private research: when will it be “held” by the University? – Panopticon

Posted December 14th, 2012 in electronic mail, freedom of information, news, universities by tracey

“The First-Tier Tribunal’s decision of 13 December 2012 in Montague v (1) Information Commissioner (2) Liverpool John Moores University EA/2012/0109 will be of interest to academic institutions, and any other public bodies whose employees have research interests not necessarily connected with their job. Anya Proops of 11KBW appeared for the University.”

Full story

Panopticon, 13th December 2012

www.panopticonblog.com

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Police mistakes in the Halliwell case: is it time for a change of PACE? – Halsbury’s Law Exchange

Posted December 14th, 2012 in evidence, murder, news, police, prosecutions, sub judice by tracey

“The story of what has happened to Detective Superintendent Fulcher would drive anyone to despair for the sanity of our legal system,” reflected a journalist in the Daily Telegraph in October. Certainly, there have been plenty of calls for reform of the Police and Criminal Evidence Act 1984 following the debacle over Christopher Halliwell, who abducted and killed a young clubber, but escaped prosecution for the murder of a second victim, despite having confessed and taken the police to where she was buried.”

Full story

Halsbury’s Law Exchange, 13th December 2012

Source: www.halsburyslawexchange.co.uk

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