Water sports firm pleads guilty to Mari-Simon Cronje death charge – BBC News

Posted November 22nd, 2013 in corporate manslaughter, guilty pleas, health & safety, news, sport by tracey

‘A water sports centre has pleaded guilty to corporate manslaughter after an 11-year-old girl died after falling from an inflatable banana boat ride.’

Full story

BBC News, 22nd November 2013

Source: www.bbc.co.uk

Fairwater High teacher Rachel Speed jailed over sex with pupil – BBC News

Posted November 22nd, 2013 in news, school children, sentencing, sexual offences, teachers by tracey

‘A teacher has been jailed for two years after a secret four-year relationship with a 14-year-old female pupil.’

Full story

BBC News, 22nd November 2013

Source: www.bbc.co.uk

Judge astonished only 12 hours between ‘bottle and throttle’ for pilots – Daily Telegraph

Posted November 22nd, 2013 in aircraft, alcohol abuse, news, sentencing, transport by tracey

‘An experienced pilot who was found to be more than three times the permitted alcohol level as he was about to fly an Airbus with 156 people on board to Pakistan has been jailed for nine months. he judge sentencing Irfan Faiz, 55, said it was ”extraordinary” that the rules in Pakistan only stated that there should be a 12-hour gap between ”bottle and throttle”, no matter how much the pilot had drunk.’

Full story

Daily Telegraph, 22nd November 2013

Source: www.telegraph.co.uk

Glynis Solmaz murder: Alexandros Wetherill jailed for life – BBC News

Posted November 22nd, 2013 in burglary, conspiracy, murder, news, sentencing by tracey

‘A man has been jailed for life with a minimum 25 years for the murder of a Wrexham woman during a burglary.’

Full story

BBC News, 22nd November 2013

Source: www.bbc.co.uk

‘Only £20m – that’s disgraceful’: Tycoon Scot Young’s wife reacts furiously to divorce ruling – The Independent

Posted November 22nd, 2013 in divorce, financial provision, news by tracey

‘Tycoon Scot Young is worth £40 million, a High Court judge ruled today, after his estranged wife Michelle accused him of concealing his fortune to avoid paying out a huge sum in a divorce settlement. Mr Justice Moor said Mrs Young should get a lump sum of £20 million. Mrs Young reacted with fury to the ruling, saying: “It’s disgraceful. I stand by what I said. He’s worth billions.” ‘

Full story

The Independent, 22nd November 2013

Source: www.independent.co.uk

Command Papers – official-documents.gov.uk

Posted November 22nd, 2013 in parliamentary papers by tracey

Government response to the Political and Constitutional Reform Select Committee fourth report of session 2012-13: Do we need a constitutional convention for the UK?, Cm 8749 (PDF)

Leadership and standards in the police: the Government response to the third report from the Home Affairs Committee session 2013 -2014 HC 67
Cm 8759 (PDF)

Source: www.official-documents.gov.uk

Proposals to amend the Conduct of Authorised Persons Rules: The Financial Services Perspective – Mnistry of Justice

Posted November 22nd, 2013 in claims management, codes of practice, consultations, financial regulation by tracey

‘The Claims Management Regulator proposes to make changes to the Conduct of Authorised Persons Rules that authorised claims management companies need to follow when submitting claims on behalf of consumers. The changes aim to address issues identifed by stakeholders that have reported poor behaviour such as claims management companies making speculative claims, failing to substantiate claims and not undertaking robust pre-complaint checks.’

Full press release

Ministry of Justice, 21st November 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Third time unlucky for solicitor as High Court rejects challenge to strike-off – Legal Futures

‘It was third time unlucky for a solicitor whose striking-off had twice been overturned by the High Court, as Mr Justice Mostyn yesterday rejected his challenge to the latest decision to remove him from the roll.’

Full story

Legal Futures, 21st November 2013

Source: www.legalfutures.co.uk

Independent review of deportation with assurances: terms of reference – Home Office

Posted November 22nd, 2013 in deportation, press releases, terrorism by tracey

‘Terms of reference for the independent review of deportation with assurances.’

Full text

Home Office, 21st November 2013

Source: www.gov.uk/home-office

Barrister disbarred for assisting forgery – Bar Standards Board

‘A public disciplinary tribunal has ordered the disbarment of a barrister for acting in a way that was dishonest or otherwise discreditable to a barrister, after he witnessed, and attested to, the forged signatures of both the seller and buyer during a sale of land.’

Full press release

Bar Standards Board, 20th November 2013

Source: www.barstandardsboard.org.uk

Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog

Posted November 22nd, 2013 in courts, human rights, judiciary, news, treaties by tracey

‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’

Full story

UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

EU Controversy, Churchill and the Charter – The Human Rights Roundup – UK Human Rights Blog

Posted November 22nd, 2013 in charters, EC law, human rights, international law, news, terrorism by tracey

‘This week, Chris Grayling and the Court of Justice go head to head over the domestic status of the Charter of Fundamental Rights, while the ghost of Winston Churchill comes back to haunt the “United States of Europe” debate. Meanwhile, Theresa May’s plans to deprive terrorist suspects of their British citizenship are under fire, while calls for press accountability are repeated.’

Full story

UK Human Rights Blog, 20th November 2013

Source: www.ukhumanrightsblog.com

The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by tracey

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

Full story

Panopticon, 21st November 2013

Source: www.panopticonblog.com

Court of Appeal backs parallel UK and EPO patent proceedings but alters guidelines for future cases – OUT-LAW.com

‘A dispute over the alleged infringement of a standard-essential mobile technology European patent will be ruled on by the High Court despite there being ongoing proceedings before the European Patent Office (EPO) about whether the patent is valid.’

Full story

OUT-LAW.com, 21st November 2013

Source: www.out-law.com

Who’s right about the EU Charter of Fundamental Rights? – Head of Legal

Posted November 22nd, 2013 in charters, constitutional law, EC law, human rights, international law, news by tracey

‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’

Full story

Head of Legal, 21st November 2013

Source: www.headoflegal.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 22nd, 2013 in legislation by tracey

The Animal By-Products (Enforcement) (England) Regulations 2013

The Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013

The Spirit Drinks (Costs of Verification) Regulations 2013

Source: www.legislation.gov.uk

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily

Posted November 22nd, 2013 in appeals, EC law, extradition, government departments, law reports, Supreme Court, warrants by tracey

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening): [2013] UKSC 71;   [2013] WLR (D)  446

‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre

Posted November 22nd, 2013 in advertising, appeals, Christianity, law reports, media by tracey

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

 

General Dental Council v Fajemisin – WLR Daily

Posted November 22nd, 2013 in dentists, disciplinary procedures, jurisdiction, law reports by tracey

General Dental Council v Fajemisin: [2013] EWHC 3501 (Admin);   [2013] WLR (D)  447

“In addition to cases in which a previous decision could be revisited under the equivalent of the slip rule, a public body had jurisdiction to revisit a decision which had been made in ignorance of the true facts when the factual basis on which it had proceeded had amounted to a fundamental mistake of fact. That power existed irrespective of whether the decision fell to be classified as judicial or administrative in nature.”

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 22nd, 2013 in law reports by tracey

Court of Appeal (Civil Division)

AS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 1469 (21 November 2013)

C (A Child), Re [2013] EWCA Civ 1412 (21 November 2013)

SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November 2013)

L, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1481 (21 November 2013)

D, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1480 (21 November 2013)

Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1483 (21 November 2013)

IPCom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496 (21 November 2013)

Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498 (21 November 2013)

Court of Appeal (Criminal Division)

Wells v R [2013] EWCA Crim 2043 (19 November 2013)

High Court (Commercial Court)

LNOC Ltd v Watford Association Football Club Ltd [2013] EWHC 3615 (Comm) (21 November 2013)

BAT Industries Plc v Windward Prospects Ltd [2013] EWHC 3612 (Comm) (21 November 2013)

Credit Suisse AG v Up Energy Group Ltd [2013] EWHC 3611 (Comm) (21 November 2013)

High Court (Queen’s Bench Division)

New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB) (21 November 2013)

Douglas v The Ministry of Justice [2013] EWHC 3640 (QB) (21 November 2013)

Source: www.bailii.org