Recent Statutory Instruments – legislation.gov.uk

Posted February 18th, 2013 in legislation by sally

The Civil Procedure (Amendment) Rules 2013

The Public Bodies (Water Supply and Water Quality Fees) Order 2013

The Parental Leave (EU Directive) Regulations 2013

The Police (Complaints and Conduct) Regulations 2013

The Transfer of Undertakings (Protection of Employment) (Transfers of Public Health Staff) Regulations 2013

The Judicial Committee (Appellate Jurisdiction) Rules (Amendment) Order 2013

The Community Radio (Guernsey) Order 2013

Source: www.legislation.gov.uk

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Heterosexual couples challenge ‘discriminatory’ civil partnerships bar – Daily Telegraph

“Laws restricting civil partnerships to gay couples discriminate against heterosexuals, four straight couples are to argue in a landmark challenge at the European Court of Human Rights.”

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Daily Telegraph, 16th February 2013

Source: www.telegraph.co.uk

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Making rights to light more transparent – Law Commission

Posted February 18th, 2013 in building law, consultations, news, right to light by sally

“In a consultation opening today the Law Commission is asking for views on the current law on rights to light, including their creation, enforcement and extinguishment.”

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Law Commission, 18th February 2013

Source: www.lawcommission.justice.gov.uk

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Children: Private Law Update – Family Law Week

“Alex Verdan QC of 4 Paper Buildings considers three important recent judgments in Children private law proceedings.”

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Family Law Week, 13th February 2013

Source: www.familylawweek.com

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New ‘risk-based’ approach to supervision approved – Bar Standards Board

Posted February 18th, 2013 in barristers, consultations, disciplinary procedures, news, quality assurance by sally

“The Bar Standards Board has approved a consultation on a new approach to the supervision of chambers and barristers.”

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Bar Standards Board, 15th February 2013

Source: www.barstandardsboard.org.uk

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Postman jailed for burying 30,000 letters in garden – Daily Telegraph

Posted February 18th, 2013 in arson, criminal damage, news, postal service, sentencing by sally

“A postman has been jailed for destroying almost 30,000 letters he should have pushed through letterboxes.”

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Daily Telegraph, 18th February 2013

Source: www.telegraph.co.uk

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Sale of personal gene data condemned as ‘unethical and dangerous’ – The Guardian

Posted February 18th, 2013 in data protection, insurance, medical records, news, privacy by sally

“Private firms will soon be able to buy people’s medical and genetic data without their consent and, in certain cases, acquire personal information that might enable them to identify individuals.”

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The Guardian, 17th February 2013

Source: www.guardian.co.uk

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BAILII: Recent Decisions

Posted February 18th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Dizaei v R. [2013] EWCA Crim 88 (14 February 2013)

Court of Appeal (Civil Division)

Commissioner of Police for the Metropolis v ZH [2013] EWCA Civ 69 (14 February 2013)

Tamiz v Google Inc [2013] EWCA Civ 68 (14 February 2013)

Niekrash v South London Healthcare NHS Trust [2013] EWCA Civ 64 (14 February 2013)

Moore v British Waterways Board [2013] EWCA Civ 73 (14 February 2013)

Weavering Capital (UK) Ltd & Ors v Dabhia & Anor [2013] EWCA Civ 71 (15 February 2013)

High Court (Chancery Division)

Sycamore Bidco Ltd v Breslin & Anor [2013] EWHC 174 (Ch) (14 February 2013)

Morshead Mansions Ltd v Mactra Properties Ltd [2013] EWHC 224 (Ch) (15 February 2013)

Highbury Pension Fund Management Company & Anor v Zirfin Investments Ltd & Ors [2013] EWHC 238 (Ch) (14 February 2013)

Source: www.bailii.org

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Judge blocks ‘worrying’ attempt to take girl away from blind adoptive mother – Daily Telegraph

Posted February 18th, 2013 in adoption, carers, disabled persons, injunctions, local government, news, social services by sally

“A council has been blocked from removing a girl from her would-be adoptive mother who had gone blind, after a judge ruled social workers were wrong to assume that her visual impairment meant she was not a suitable parent.”

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Daily Telegraph, 15th February 2013

Source: www.telegraph.co.uk

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Triumph for canal boat litigant in person – UK Human Rights Blog

Posted February 18th, 2013 in canals, litigants in person, news by sally

“A boat owner has won his appeal against the British Waterways Board preventing him from mooring his boats alongside his land on a tidal stretch of the Grand Canal. Although he had no common law right to permanently moor the boats, he had committed no actionable wrong in doing so, and they were therefore not moored ‘without lawful authority’ within the meaning of the British Waterways Act 1983. This judgment is an interesting and important endorsement of the principle in English law that everything is permitted except what is expressly forbidden.”

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UK Human Rights Blog, 15th February 2013

Source: www.ukhumanrightsblog.com

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An overdue inquiry into the working of the Abortion Act – Halsbury’s Law Exchange

Posted February 18th, 2013 in abortion, disabled persons, equality, medical ethics, news by sally

“Whatever your view of abortion, there are too many abortions, and too many of them are too late. Even abortion’s fiercest advocates do not pretend that it is a good thing – just the lesser of two evils.”

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Halsbury’s Law Exchange, 15th February 2013

Source: www.halsburyslawexchange.co.uk

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Probation union says privatising service will put public at risk – The Guardian

Posted February 18th, 2013 in competition, contracting out, news, prisons, probation, recidivists by sally

“Probation officers are warning that the public will be at greater risk if the government presses ahead with plans to privatise the supervision of offenders.”

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The Guardian, 17th February 2013

Source: www.guardian.co.uk

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Insolvency of software sub-licensor did not end firm’s rights of use under that licence, rules High Court – OUT-LAW.com

Posted February 18th, 2013 in company law, copyright, insolvency, intellectual property, licensing, news by sally

“Businesses can retain the right to use copyrighted software under sub-licences awarded by head-licensees in circumstances where those head-licensees are subject of a termination or become insolvent, the High Court has said.”

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OUT-LAW.com, 15th February 2013

Source: www.out-law.com

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Whistleblowing laws to be overhauled as new claims emerge over NHS trust – The Guardian

Posted February 18th, 2013 in codes of practice, consultations, hospitals, news, public interest, whistleblowers by sally

“Whistleblowing legislation is to be overhauled and a government consultation held to investigate whether the Public Interest Disclosure Act (Pida) 1998 is failing to protect those who speak out from being victimised, harassed and even sacked by their employers.”

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The Guardian, 15th February 2013

Source: www.guardian.co.uk

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Judge blocks sterilisation of Down’s Syndrome woman – Daily Telegraph

“The parents of a ‘tactile’ and ‘affectionate’ woman with Down’s syndrome have been forbidden from having her sterilised to ally their fears that she might become pregnant.”

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Daily Telegraph, 16th February 2013

Source: www.telegraph.co.uk

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UK Border Agency defies MPs over deportation ‘reserves’ – The Guardian

Posted February 18th, 2013 in airports, deportation, human rights, immigration, news by sally

“The UK Border Agency is under attack for ignoring demands from a cross-party Commons committee and the chief inspector of prisons to stop its ‘inhumane’ treatment of some deportees.”

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The Guardian, 16th February 2013

Source: www.guardian.co.uk

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New CPR to be amended next month, rule committee chief reveals – Litigation Futures

Posted February 18th, 2013 in civil procedure rules, fees, news, proportionality, solicitors by sally

“There will be another statutory instrument (SI) next month to tidy up the one published last week with changes to the Civil Procedure Rules, after a warning that the new rule on proportionality could affect millions of pounds worth of work already done by solicitors.”

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Litigation Futures, 18th February 2013

Source: www.litigationfutures.com

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Criminal Cases Review Commission – better the devil you know? – Halsbury’s Law Exchange

Eddie Gilfoyle’s case is one of a relatively small number of alleged miscarriages of justice that stubbornly refuse to go away. On 4 June 1992, his wife, Paula Gilfoyle, was found, eight and a half months pregnant, hanging from a rope tied to a roof beam in the garage. For the last 20 years Mr Gilfoyle has protested his innocence, arguing that Paula’s death was a tragic suicide. The prosecution argument was that expectant mothers don’t kill themselves, especially bubbly young women with everything to live for.

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Halsbury’s Law Exchange, 15th February 2013

Source: www.halsburyslawexchange.co.uk

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What a tangled web… – NearlyLegal

Posted February 18th, 2013 in company directors, consumer credit, loans, news, tribunals, winding up by sally

“Since our post on Barons Finance Limited, we’ve heard various things about the property and landlord related activities of Barons Finance and assorted other companies under the control of Dharam Prakash Gopee. As it appears that Mr Gopee has on at least one occasion continued to pursue proceedings (including appearing in the appeal permission in the last post) for Barons Finance Limited, despite the company having been wound up and a liquidator having been appointed by the Court, we hope this post might be of use for people acting for Defendants in possession proceedings, duty scheme advisers and hopefully members of the judiciary who are unaware of the relevant court decisions and orders.”

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NearlyLegal, 17th February 2013

Source: www.nearlylegal.co.uk

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Supreme Court upholds FSA’s power to regulate extended warranties – OUT-LAW.com

Posted February 18th, 2013 in consumer protection, contracts, financial regulation, insurance, news, warranties by sally

“The Financial Services Authority (FSA) was within it rights to close down two unauthorised extended warranty schemes, regardless of whether the cover involved the payment of money to customers, the Supreme Court has confirmed.”

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OUT-LAW.com, 15th February 2013

Source: www.out-law.com

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