Recent Statutory Instruments – legislation.gov.uk

Posted February 14th, 2013 in legislation by sally

The Individual Savings Account (Amendment) Regulations 2013

The Rights of Passengers in Bus and Coach Transport (Exemptions) Regulations 2013

The National Treatment Agency (Abolition) and the Health and Social Care Act 2012 (Consequential, Transitional and Saving Provisions) Order 2013

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013

The Child Trust Funds (Amendment) Regulations 2013

The National Health Service and Public Health (Functions and Miscellaneous Provisions) Regulations 2013

The National Health Service Trust Development Authority (Establishment and Constitution) Amendment Order 2013

The National Health Service (Procurement, Patient Choice and Competition) Regulations 2013

The Care Standards Act 2000 (Extension of the Application of Part 2 to Holiday Schemes for Disabled Children) (England) Regulations 2013

Source: www.legislation.gov.uk

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BAILII: Recent Decisions

Posted February 14th, 2013 in law reports by sally

Supreme Court

Digital Satellite Warranty Cover Ltd & Anor v Financial Services Authority [2013] UKSC 7 (13 February 2013)

Court of Appeal (Criminal Division)

B v R. [2013] EWCA Crim 3 (31 January 2013)

Moore & Anor, R. v [2013] EWCA Crim 85 (13 February 2013)

Court of Appeal (Civil Division)

The Gas and Electricity Markets Authority v Infinis Plc & Infinis (Re-Gen) Ltd & Anor [2013] EWCA Civ 70 (13 February 2013)

Reilly & Anor, R (on the application of) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 (12 February 2013)

H (A Child) [2013] EWCA Civ 72 (13 February 2013)

Szpak v Secretary of State for Work and Pensions [2013] EWCA Civ 46 (13 February 2013)

KS (Burma) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 67 (13 February 2013)

High Court (Administrative Court)

London Borough of Lewisham & Ors), R (on the application of) v Assessment And Qualifications Alliance (AQA) & Ors [2013] EWHC 211 (Admin) (13 February 2013)

High Court (Chancery Division)

Global Torch Ltd v Apex Global Management Ltd [2013] EWHC 223 (Ch) (13 February 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWHC 209 (Ch) (13 February 2013)

VLM Holdings Ltd v Ravensworth Digital Services Ltd [2013] EWHC 228 (Ch) (13 February 2013)

Nationwide Building Society v Christie & Anor [2013] EWHC 127 (Ch) (01 February 2013)

High Court (Family Division)

RCW v A Local Authority [2013] EWHC 235 (Fam) (12 February 2013)

Source: www.bailii.org

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Legal Process as a Tool to Rewrite History – Law, Politics and History – Gresham College Lecture

Posted February 14th, 2013 in international courts, international relations, news, war, war crimes by sally

“Trials at the ICTY concerned political violence and criminality that resulted from disintegration of a federation from which seven new successors states were formed. That process has been defined as a ‘clash of state projects’, where violence happened in areas claimed by two or more parties, or an aspiring state. The war crimes trials at the ICTY that resulted from overlapping territorial claims in Croatia, Bosnia and Kosovo produced a huge record of trial evidence. Problems in the very small state of Kosovo may be seen as the beginning of the violent process of disintegration, now known loosely as the Balkan wars of the 1990s. The conflict in Kosovo of 1998-9 may be seen as the end of those wars. Kosovo now seeks global recognition as an independent state but faces opposition both as to its international legal entitlements and as to how its history in the conflict should be viewed.”

Transcript

Lecture by Professor Sir Geoffrey Nice QC

Gresham College, 13th February 2013

Source: www.gresham.ac.uk

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New rules use government buying power against tax avoidance – HM Treasury

Posted February 14th, 2013 in consultations, news, public procurement, regulations, tax avoidance by sally

“New rules that will allow government departments to ban companies and individuals which take part in failed tax avoidance schemes from being awarded Government contracts have been unveiled by Chief Secretary to the Treasury, Danny Alexander and Minister for the Cabinet Office, Francis Maude today.”

Full story

HM Treasury, 14th February 2013

Source: www.hm-treasury.gov.uk

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Former Scotland Yard commander Ali Dizaei loses appeal against conviction – The Guardian

“The former Scotland Yard commander Ali Dizaei has lost his appeal against a conviction which ended the career of one of the most controversial police officers in recent times.”

Full story

The Guardian, 14th February 2013

Source: www.guardian.co.uk

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Intellectual Property Litigation: Implementation of the Jackson Report’s Recommendations – Speech by Mr Justice Arnold

Posted February 14th, 2013 in case management, costs, courts, intellectual property, news, patents, speeches by sally

Intellectual Property Litigation: Implementation of the Jackson Report’s Recommendations (PDF)

Speech by Mr Justice Arnold

AIPPI UK, 14th February 2013

Source: www.judiciary.gov.uk

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Autism damages case: Met Police loses damages appeal – BBC News

Posted February 14th, 2013 in appeals, damages, false imprisonment, mental health, news, police by sally

“The Court of Appeal has rejected a bid to overturn a damages award made to a teenager with autism restrained by police after jumping fully-clothed into a swimming pool.”

Full story

BBC News, 14th February 2013

Source: www.bbc.co.uk

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Transforming Youth Custody: Putting education at the heart of detention – Ministry of Justice

Posted February 14th, 2013 in detention, education, news, rehabilitation, young offenders by sally

“‘Transforming Youth Custody: Putting education at the heart of detention’ describes the Government’s plans for placing high quality education at the centre of youth custody. Plans to reform youth custody will see young people appropriately punished while at the same time learning to take responsibility for their actions and gaining the skills and qualifications they need to lead productive, law-abiding lives. The paper invites views and outline proposals from a wide range of stakeholders and providers describing how they would implement our vision for Secure Colleges.”

Full story

Ministry of Justice, 14th February 2013

Source: www.justice.gov.uk

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Court of Appeal: solicitor not liable for fellow partner’s fraud – Legal Futures

Posted February 14th, 2013 in appeals, fraud, mortgages, news, partnerships, solicitors by sally

“A lender has lost its appeal against a High Court ruling that said a solicitor was not liable for its loss in a £2.5m mortgage fraud perpetrated by her former partner because she was not aware of the misrepresentations he made.”

Full story

Legal Futures, 14th February 2013

Source: www.legalfutures.co.uk

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Government’s back to work schemes ruled unlawful without rights to refuse – UK Human Rights Blog

Posted February 14th, 2013 in appeals, employment, forced labour, news, social security by sally

“The Court of Appeal has ruled that regulations under the Jobseekers Act 1995 were unlawful as not meeting the requirements of that statute.”

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UK Human Rights Blog, 13th February 2013

Source: www.ukhumanrightsblog.com

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Keira Knightley’s Chanel ad ‘too sexy’ for kids’ TV – The Guardian

Posted February 14th, 2013 in advertising, news by sally

“A Chanel advert featuring Keira Knightley has been banned during children’s programming after a watchdog ruled its sexually suggestive content was unsuitable for younger viewers.”

Full story

The Guardian, 13th February 2013

Source: www.guaridan.co.uk

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Tribunal sets out new guidance on determining whether FOI requests are ‘vexatious’ – OUT-LAW.com

Posted February 14th, 2013 in freedom of information, news, tribunals by sally

“Whether a freedom of information (FOI) request is ‘vexatious’ or not will depend on the burden of meeting the request; the motive of requesters; the value or serious purpose of requests, and any harassment or distress caused, an Information Rights Tribunal has said.”

Full story

OUT-LAW.com, 13th February 2013

Source: www.out-law.com

Regina v Love and another – WLR Daily

Posted February 14th, 2013 in amendments, crime, indictments, law reports by sally

Regina v Love and another [2013] WLR (D) 56

“After a guilty plea had been entered an indictment could be amended otherwise than on an application by the defendant.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

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Regina (Reilly and another) v Secretary of State for Work and Pensions – WLR Daily

Posted February 14th, 2013 in appeals, employment, forced labour, law reports, regulations, social security by sally

Regina (Reilly and another) v Secretary of State for Work and Pensions [2013] EWCA Civ 66 ; [2013] WLR (D) 55

“‘The scheme’ named in the Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 did not comply with the requirements of section 17A of the Jobseekers Act 1995 and was unlawful.”

WLR Daily, 12th February 2013

Source: www.iclr.co.uk

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Whistleblowers and press ‘threatened by proposed new police powers’ – The Guardian

Posted February 14th, 2013 in consultations, investigatory powers, media, news, police, whistleblowers by sally

“The government is proposing to make it easier for the police to seize confidential material from journalists, it emerged on Wednesday night. Legal experts warned that the plans risked trampling on long-standing protections from the state.”

Full story

The Guardian, 13th February 2013

Source: www.guardian.co.uk

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Attorney General probe over ‘Jon Venables picture’ published on Twitter – Daily Telegraph

Posted February 14th, 2013 in anonymity, contempt of court, disclosure, identification, internet, news by sally

“A photograph posted on Twitter that may have exposed the new identity of James Bulger’s killer Jon Venables was on Wednesday night being investigated by the Attorney General’s office as a possible contempt of court.”

Full story

Daily Telegraph, 13th February 2013

Source: www.telegraph.co.uk

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GCSE judicial review dismissed – Education Law Blog

Posted February 14th, 2013 in examinations, judicial review, news by sally

“The Divisional Court has dismissed the claims for judicial review of the award of GCSE English qualifications in summer 2012.”

Full story

Education Law Blog, 13th February 2013

Source: www.education11kbw.com

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Saudi princes warn of damage to UK relations if allegations emerge in trial – The Guardian

Posted February 14th, 2013 in appeals, disclosure, immunity, news, royal family, shareholders by sally

“Relations between the UK and Saudi Arabia will suffer if what are said to be highly damaging allegations about business deals surface during a London trial, lawyers for two Saudi princes have warned the high court.”

Full story

The Guardian, 13th February 2013

Source: www.guardian.co.uk

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Advice restricted to ‘passive investments’ cannot be called independent, says FSA – OUT-LAW.com

Posted February 14th, 2013 in financial advice, financial regulation, news, regulations by sally

“Financial advisers cannot be said to be ‘independent’ if they offer retail investment advice to clients based solely on their assessment of ‘passive investments’, the Financial Services Authority (FSA) has said.”

Full story

OUT-LAW.com, 13th February 2013

Source: www.out-law.com

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Judicial review is increasingly essential, judges warn government – The Guardian

Posted February 14th, 2013 in civil justice, judges, judicial review, news by sally

“Supreme court president and deputy strongly defend access to legal process as fundamental to rule of law.”

Full story

The Guardian, 13th February 2013

Source: www.guardian.co.uk

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