Probe launched: Did drive to track illegal immigrants breach data laws? – The Independent

Posted January 11th, 2013 in data protection, immigration, news by tracey

“The information watchdog has launched an investigation into a drive to track down people who are in the country illegally, which was contracted out by the UK Border Agency to private company Capita.”

Full story

The Independent, 11th January 2013

Source: www.independent.co.uk

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OFT bars RBS debt collecting that puts homes at risk – Daily Telegaph

Posted January 11th, 2013 in banking, charging orders, debts, news by tracey

“Regulator imposes requirements on Royal Bank of Scotland’s use of charging orders – a way of collecting unsecured debts that could see borrowers lose their homes.”

Full story

Daily Telegraph, 11th January 2013

Source: www.telegraph.co.uk

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BAILII: Recent Decisions

Posted January 11th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

B ( A Child), Re [2012] EWCA Civ 1742 (21 December 2012)

Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736 (21 December 2012)

Bermondsey Village Action Group (Bvag), R (on the application of) v London Borough of Southwark & Ors [2012] EWCA Civ 1738 (21 December 2012)

Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718 (21 December 2012)

Ryder Plc v Beever [2012] EWCA Civ 1737 (21st December 2012)

Daniel v Revenue and Customs [2012] EWCA Civ 1741 (21 December 2012)

Stringfellow Restaurants Ltd v Quashie [2012] EWCA Civ 1735 (21 December 2012)

Golden Eye (International) Ltd & Ors v Telefónica UK Litd & Anor [2012] EWCA Civ 1740 (21 December 2012)

The Bampton Property Group Ltd & Ors, R (on the application of) v King (An Officer Appointed By Revenue & Customs) [2012] EWCA Civ 1744 (21 December 2012)

Court of Appeal (Criminal Division)

Mehta v R. [2012] EWCA Crim 2824 (31 December 2012)

Faraz v R. [2012] EWCA Crim 2820 (21 December 2012)

Griffiths & Ors v R. [2012] EWCA Crim 2822 (21 December 2012)

Murray & Ors, R v [2012] EWCA Crim 2823 (21 December 2012)

Caley & Ors (Guilty Pleas) v R. [2012] EWCA Crim 2821 (21 December 2012)

High Court (Administrative Court)

Pitblado & Ors v Secretary of State for Communities and Local Government & Anor (Rev 1) [2012] EWHC 3723 (Admin) (21 December 2012)

Estates And Agency Properties Ltd, R (On the Application Of) v Barking And Dagenham & Anor [2012] EWHC 3744 (Admin) (21 December 2012)

Khan, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs [2012] EWHC 3728 (Admin) (21 December 2012)

Hughes v The Secretary of State for Communities And Local Government [2012] EWHC 3743 (Admin) (21 December 2012)

Coleman, R (on the application of) v London Borough of Barnet Council & Anor [2012] EWHC 3725 (Admin) (21 December 2012)

Van Der Pijl & Anor v The Crown Court At Kingston [2012] EWHC 3745 (Admin) (21 December 2012)

Cornwall Council, R (on the application of) v Wiltshire Council & Ors (Rev 1) [2012] EWHC 3739 (Admin) (21 December 2012)

Momoh, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3740 (Admin) (21 December 2012)

High Court (Chancery Division)

Konica Minolta Business Solutions (UK) v Applegate & Ors [2012] EWHC 3741 (Ch) (21 December 2012)

Thursfield v Thursfield [2012] EWHC 3742 (Ch) (21 December 2012)

Secretary of State for Business, Innovation & Skills v Potiwal (Rev 4) [2012] EWHC 3723 (Ch) (21 December 2012)

Phillips & Ors v Francis & Anor [2012] EWHC 3650 (Ch) (21 December 2012)

Ardagh Group SA v Pillar Property Group Ltd [2012] EWHC 3649 (Ch) (21 December 2012)

High Court (Commercial Court)

CHS Inc Iberica Sl & Anor v Far East Marine SA (M/V “Devon”) [2012] EWHC 3747 (Comm) (21 December 2012)

Barclays Bank Plc v Unicredit Bank AG & Anor [2012] EWHC 3655 (Comm) (21 December 2012)

Falkonera Shipping Co v Arcadia Energy Pte Ltd [2012] EWHC 3678 (Comm) (20 December 2012)

High Court (Family Division)

Bhura v Bhura [2012] EWHC 3633 (Fam)
(17 December 2012)

High Court (Patents Court)

Microsoft Corp v Motorola  Mobility LLC [2012] EWHC 3677 (Pat) (21 December 2012)

High Court (Queen’s Bench Division)

Miller v Associated Newspapers Ltd [2012] EWHC 3721 (QB) (21 December 2012)

FCL (London) Ltd v Voice [2012] EWHC 3684 (QB) (21 December 2012)

Jones & Ors v Secretary of State for Energy And Climate Change & Ors [2012] EWHC 3647 (QB) (21 December 2012)

Raggett v The Governors of Preston Catholic College [2012] EWHC 3641 (QB) (21 December 2012)

High Court (Technology and Construction Court)

Cleveland Bridge UK Ltd v Severfield – Rowen Structures Ltd [2012] EWHC 3652 (TCC) (21 December 2012)

Transport for Greater Manchester v Thales Transport & Security Ltd [2012] EWHC 3717 (TCC) (21 December 2012)

Webb Resolutions Ltd v E.Surv Ltd [2012] EWHC 3653 (TCC) (20 December 2012)

Blemain Finance Ltd v E.Surv Ltd [2012] EWHC 3654 (TCC) (20 December 2012)

Source: www.bailii.org

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Konica Minolta Business Solutions (UK) Ltd v Applegate – WLR Daily

Posted January 11th, 2013 in law reports, pensions, rectification, trusts by tracey

Konica Minolta Business Solutions (UK) Ltd v Applegate: [2012] EWHC 3741 (Ch);   [2013] WLR (D)  9

“When applying uniform accrual to ‘so much of any benefit’ by virtue of section 74(3) of the Pension Schemes Act 1993 one was being directed not merely to what one might call the top slice, the benefit which actually accrued at the higher rate, but that element of a benefit package which was the subject of the higher rate. In section 74(3) the ‘benefit’ referred to was the composite of the various benefits which made up long service benefit and if the exception applied it did with regard to the entirety of such a component.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

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Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC – WLR Daily

Posted January 11th, 2013 in EC law, law reports, patents by tracey

Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC: [2012] EWHC 3715 (Pat); [2013] WLR (D) 8

“Article 16(1) of Parliament and Council Regulation (EC) No 469/2009 gave a discretion to the national body (in the United Kingdom, the court) to revoke an extension to a supplementary protection certificate on the basis set out therein, but not an obligation to do so. The fact that the results of a particular study would not be available by the completion date of a paediatric investigation plan made pursuant to Parliament and Council Regulation (EC) No 1901/2006 did not render the plan unlawful and did not deprive the applicant of its right to the ‘reward’ of a paediatric extension under article 36 of that Regulation. article 45(3) of Regulation (EC) 1901/2006 was not of general application and did not apply when all the studies included in a paediatric investigation plan were initiated after that Regulation came into force.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

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Phillips and another v Francis and another – WLR Daily

Posted January 11th, 2013 in landlord & tenant, law reports, service charges by tracey

Phillips and another v Francis and another: [2012] EWHC 3650 (Ch); [2013] WLR (D) 7

“On the true construction of the meaning and effect of the scheme relating to service charges imposed by sections 20 and 20ZA of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act 2002, section 151 identification of one or more sets of qualifying works was not required. The emphasis in the current legislation had shifted from identifying and costing the works before they started to notifying an intention to carry out the works and limiting the amount of the individual contributions sought to pay for them after their completion.”

WLR Daily 21st December 2012

Source: www.iclr.co.uk

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Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd – WLR Daily

Posted January 11th, 2013 in law reports, pensions, trusts by tracey

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd: [2012] EWHC 3712 (Ch) ; [2013] WLR (D) 6

“For the purposes of paragraph 3(7)(c) of schedule 5 to the Coal Industry Act 1994 the requirement that the rules of a new pension scheme be ‘no less advantageous’ than the previous scheme was not the same as a requirement that the rules of the new scheme be the same as the rules of the pre-existing scheme. The omission of a pro-rating provision from draft rule 33 of the Schedule to the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 (SI 1994/2973) was not a mistake in drafting and the rule fell to be construed in accordance with its express terms.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

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WH Newson Holding Ltd and others v IMI plc and others – WLR Daily

WH Newson Holding Ltd and others v IMI plc and others: [2012] EWHC 3680 (Ch); [2013] WLR (D) 5

“There was nothing to suggest that section 47A of the Competition Act 1998 was limited to the particular cause of action of a claim for breach of statutory duty. A claim brought under section 47A had to be in respect of the loss or damage suffered as a result of the infringement of competition law. The section would not generally permit claims to be brought in the Competition Appeal Tribunal for conduct that was distinct from the infringement, even when the infringement was an element that had to be established to complete the cause of action. The determining criterion was the factual nature of the claim, not the cause of action with which it was clothed.”

WLR Daily, 19th December 2012

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted January 11th, 2013 in legislation by tracey

The National Savings Bank (Amendment) Regulations 2013

Source: www.legislation.gov.uk

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Command Papers – official-documents.gov.uk

Posted January 11th, 2013 in parliamentary papers by tracey

The Brown Review of the rail franchising programme, Cm 8526 (PDF)

Source: www.official-documents.gov.uk

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Competition round-up: January 2013 – Competition Bulletin from Blackstone Chambers

Posted January 11th, 2013 in competition, news by tracey

“As today is the first day of the new court term, I thought it would be a good moment for a round-up of last term’s competition cases.”

Full story

Competition Bulletin from Blackstone Chambers, 11th January 2013

Source: www.competitionbulletin.com

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Savile: the full shocking truth revealed in official report – The Independent

Posted January 11th, 2013 in child abuse, police, prosecutions, reports, sexual offences by tracey

“Police have recorded 34 rapes against Jimmy Savile and 126 indecent assaults with the vast majority of them against children, the youngest of whom was aged eight, a report into the activities of the former DJ revealed today.”

Full story

Levitt Report

The Independent, 11th January 2013

Source: www.independent.co.uk

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DPP statement on Savile cases – Crown Prosecution service

Posted January 11th, 2013 in child abuse, police, press releases, prosecutions, reports, sexual offences by tracey

“In October 2012, in light of the more recent allegations of sexual offending by Jimmy Savile, I asked my Principal Legal Advisor, Alison Levitt QC, to examine the decisions taken by the CPS in relation to the four allegations made in 2007 and 2008 and advise me whether they were correct or not.”

Full press release

Crown Prosecution Service, 11th January 2013

Source: www.cps.gov.uk

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Christian who refused Sunday work was not constructively dismissed – Richard Wayman – UK Human Rights Blog

Posted January 11th, 2013 in Christianity, constructive dismissal, news, religious discrimination by tracey

“Mba v London Borough Of Merton (Religion or Belief Discrimination) [2012] UKEAT 0332/12/1312 (13 December 2012). The Employment Appeal Tribunal (EAT) has dismissed the appeal of a Christian care worker against the decision of an Employment Tribunal that she was not constructively dismissed as a result of her refusal to work on Sundays.”

Full story

UK Human Rights Blog, 10th January 2013

Source: www.ukhumanrightsblog.com

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Proposed new teaching exception to copyright will be welcomed by universities, says sector body – OUT-LAW.com

Posted January 11th, 2013 in copyright, education, news, universities by tracey

“Universities will welcome Government plans to reform laws governing the copying of works for educational purposes, a representative body for the sector has said.”

Full story

OUT-LAW.com, 10th January 2013

Source: www.out-law.com

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Nicklinson posthumous right-to-die appeal – Law Society’s Gazette

Posted January 11th, 2013 in appeals, assisted suicide, murder, news by tracey

“A widow has been granted leave to continue her late husband’s challenge to the existing law on murder and assisted suicide.”

Full story

Law Society’s Gazette, 4th January 2013

Source: www.lawgazette.co.uk

IPCC to supervise Stuart Lawrence race case investigation – BBC News

Posted January 11th, 2013 in complaints, news, police, race discrimination, stop and search by tracey

“The police watchdog will supervise an investigation into a complaint by Stephen Lawrence’s brother that officers stopped and searched him because he was black.”

Full story

BBC News, 10th January 2013

Source: www.bbc.co.uk

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Fewer than one in 30 rapes lead to a conviction, figures show – Daily Telegraph

Posted January 11th, 2013 in news, rape, statistics by tracey

“Fewer than one in 30 rape victims see their attacker convicted, figures showed, as it emerged one in 20 women are raped or subjected to serious sex attacks by the time they are 60.”

Full story

Daily Telegraph, 10th January 2013

Source: www.telegraph.co.uk

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Hacking: corrupt Yard officer found guilty of trying to sell information to NotW – Daily Telegraph

Posted January 11th, 2013 in corruption, media, misfeasance in public office, news, police by tracey

“A senior Scotland Yard counter-terrorism officer has been convicted of misconduct after she offered to sell information about the phone-hacking investigation to the News of the World.”

Full story

Daily Telegraph, 10th January 2013

Source: www.telegraph.co.uk

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Blind man Tasered by police seeks compensation – The Guardian

Posted January 11th, 2013 in assault, declarations of incompatibility, false imprisonment, news, police, weapons by tracey

“A blind stroke victim has made a claim for compensation after he was shot in the back with a 50,000-volt Taser stun gun by a police officer who mistook his white stick for a samurai sword.”

Full story

The Guardian, 10th January 2013

Source: www.guardian.co.uk

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