Boy, 16, jailed over sex attack on five-year-old girl – BBC News

Posted July 1st, 2013 in child abuse, kidnapping, news, sentencing, sexual offences, young offenders by tracey

“A 16-year-old boy has been jailed for sexually assaulting a five-year-old girl in Hampshire.”

Full story

BBC news, 1st July 2013

Source: www.bbc.co.uk

Comic Relief archbishop of Canterbury sketch cleared by watchdog – The Guardian

Posted July 1st, 2013 in Christianity, complaints, media, news, ombudsmen by tracey

“Rowan Atkinson’s Comic Relief sketch, which prompted almost 2,500 complaints to the BBC, has been cleared by Ofcom.”

Full story

The Guardian,1st July 2013

Source: www.guardian.co.uk

Sky News cleared over ‘canoe man’ email hacking – The Guardian

Posted July 1st, 2013 in computer crime, interception, media, news, privacy, public interest by tracey

“BSkyB has been cleared of breaking the broadcasting code for hacking the emails belonging to John Darwin, the ‘canoe man’ accused of faking his own death, following an investigation by Ofcom.”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk

SAS sniper Danny Nightingale retrial to hear evidence of Army failures – The Independent

Posted July 1st, 2013 in armed forces, firearms, news, retrials by tracey

“The retrial of SAS sniper Danny Nightingale for illegal possession of a weapon began today, and is expected to be used by the Army as an opportunity to reform the lax policies and attitudes prevalent in its most elite regiment.”

Full story

The Independent, 1st July 2013

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted July 1st, 2013 in law reports by tracey

High Court (Administrative Court)

Alighanbari, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1818 (Admin) (01 July 2013)

Jaspers (Treburley) Ltd & Ors, R (on the application of) v Food Standards Agency [2013] EWHC 1788 (Admin) (28 June 2013)

Howard, R (on the application of) v The Official Receiver [2013] EWHC 1839 (Admin) (28 June 2013)

South Tyneside Care Home Owners Association & Ors, R (on the application of) v South Tyneside Council [2013] EWHC 1827 (Admin) (28 June 2013)

Thompson, R (on the application of) v Oxford City Council [2013] EWHC 1819 (Admin) (28 June 2013)

High Court (Chancery Division)

Green v Astor & Ors [2013] EWHC 1857 (Ch) (28 June 2013)

British Sky Broadcasting Group Plc & Ors v Microsoft Corporation Microsoft & Anor [2013] EWHC 1826 (Ch) (28 June 2013)

High Court (Technology and Construction Court)

Westshield Civil Engineering Ltd & Anor v Buckingham Group Contracting Ltd [2013] EWHC 1825 (TCC) (28 June 2013)

Source: www.bailii.org.uk

Regina v Austin (Herbert) – WLR Daily

Regina v Austin (Herbert): [2013] EWCA Crim 1028;   [2013] WLR (D)  257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker – WLR Daily

Posted July 1st, 2013 in EC law, interpretation, law reports, trade marks by tracey

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker: (Case C-320/12); [2013] WLR (D) 258

“The concept of ‘bad faith’ within article 4(4)(g) of Parliament and Council Directive 2008/95/EC of 22 October 2008 (to approximate the laws of the member states relating to trade marks) was an autonomous concept of European Union law which had to be given a uniform interpretation within the Union. The fact that the applicant for a trade mark registration knew or should have known that a third party was using a mark abroad at the time of filing his application, which was liable to be confused with his mark, was not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. Member states were not permitted to introduce a system of specific protection of foreign marks which differed from the system established by article 4(4)(g) and which was based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

 

Regina v McNally – WLR Daily

Posted July 1st, 2013 in appeals, consent, law reports, rape, sexual offences, young offenders by tracey

Regina v McNally: [2013] EWCA Crim 1051;   [2013] WLR (D)  256

“Consent to sexual penetration could be vitiated by a deception by the defendant as to gender because vitiating deceptions were not limited to deceptions relating to features of the offence.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

RM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775;   [2013] WLR (D)  259

“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 1st, 2013 in legislation by tracey

The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

The Property Misdescriptions Act 1991 (Repeal) Order 2013

The Children, Schools and Families Act 2010 (Commencement No. 4) Order 2013

The Education (Designated Institutions) (England) Order 2013

The Civil Procedure (Amendment No. 5) Rules 2013

The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013

The Fixed Penalty (Amendment) Order 2013

The Football Spectators (Seating) Order 2013

The Superannuation (Specification of Employments and Offices) Regulations 2013

Source: www.legislation.gov.uk

Immigration Rule changes – UK Border Agency

“As previously announced a number of minor changes to the Immigration Rules come into effect today, Monday 1 July 2013.”

Full press release

Uk Border Agency, 30th June 2013

Soruce: www.ukba.homeoffice.gov.uk

Man jailed over passport fraud – Home Office

“A man who attempted to help illegal immigrants get into the UK with British passports has been jailed for nearly four years.”

Full story

Home Office, 28th June 2013

Source: www.gov.uk/home-office

Anthony Still convicted of blackmailing businessman – Crown Prosecution Service

Posted July 1st, 2013 in anonymity, blackmail, police, press releases, sentencing, victims by tracey

“Anthony Still has been convicted at Chelmsford Crown Court of blackmailing a businessman who paid him £600,000 to stop him revealing details about a secret affair. The businessman, known in court as ‘Barnaby’, decided he could no longer go on paying and went to the police last year. Still was jailed for 11 years.”

Full press release

Crown Prosecution Service, 28th June 2013

Source: www.cps.gov.uk

Father and Son Haulage Firm Owners Sentenced for Manslaughter of driver – Crown Prosecution Service

“A father and son have today (Friday 28 June) been sentenced to a total of 11 years in prison at St. Albans Crown Court after being found guilty of the manslaughter – on the basis of gross negligence – of Stephen Kenyon, a driver employed at their haulage firm.”

Full press release

Crown Prosecution Service, 28th June 2013

Source: www.cps.gov.uk

The mechanics of Deferred Prosecution Agreements in the UK – Speech by Oliver Heald QC MP

“Speech to the C5 7th Advanced Forum on Anti Corruption on the role of prosecutors and the court.”

Full speech

Attorney-Geberal’s Office, 28th June 2013

Source: www.gov.uk/ago

RIPA: hacked voicemails and undercover officers – Panopticon

“The Regulation of Investigatory Powers Act 2000 (RIPA) has featured prominently in the news in recent weeks, both as regards undercover police officers/’covert human intelligence sources’ and as regards the phone-hacking scandal.”

Full story

Panopticon, 28th June 2013

Source: www.panopticonblog.com

Bar gets into shape for ABSs – Law Society’s Gazette

“The Bar Standards Board is simplifying criteria for approving new business entities, ahead of an application to become a licensing authority for alternative business structures.”

Full story

Law Soceity’s Gazette, 28th June 2013

Source: www.lawgazette.co.uk

Ofcom to investigate BT for over-charging Anytime customers – The Guardian

Posted July 1st, 2013 in consumer protection, news, ombudsmen, telecommunications by tracey

“BT has been accused of over-charging its customers – possibly by millions of pounds – after adding an extra 1p to the cost of calls to mobiles for some customers on its most popular package.”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk

Five guilty of painter’s murder in Holloway estate – BBC News

Posted July 1st, 2013 in conspiracy, gangs, grievous bodily harm, murder, news, sentencing by tracey

“Five gang members, including a 15-year-old boy, have been jailed for murdering a painter and decorator in London.”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk

Mid Wales MP wants 19th Century child neglect law changes – BBC News

Posted July 1st, 2013 in bills, child neglect, legislation, mental health, news, psychiatric damage by tracey

“A mid Wales MP is bidding to change child neglect laws that date back to the 19th Century, which he claims are now ‘nonsense’. Ceredigion MP Mark Williams wants criminal legislation based on 1868 poor laws to be updated to include emotional and psychological abuse.”

Full story

BBC News, 30th June 2013

Source: www.bbc.co.uk