Max Mosley’s privacy campaign reaches Strasbourg – The Guardian

Posted January 4th, 2011 in freedom of expression, human rights, injunctions, media, news, privacy by sally

“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.”

Full story

The Guardian, 4th January 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 4th, 2011 in law reports by sally

High Court (Queen’s Bench Division)

Abdulla & Ors v Birmingham City Council [2010] EWHC 3303 (QB) (17 December 2010)

High Court (Administrative Court)

Young v Oxford City Council [2010] EWHC 3337 (Admin) (17 December 2010)

Cordant Group Plc, R (on the application of) v Secretary of State for Business, Innovation and Skills & Anor [2010] EWHC 3442 (Admin) (30 December 2010)

Smout v The Welsh Ministers & Ors [2010] EWHC 3307 (Admin) (15 December 2010)

Government of South Africa v Dewani [2010] EWHC 3398 (Admin) (10 December 2010)

Guntrip, R (on the application of) v Secretary of State for Justice & Anor [2010] EWHC 3188 (Admin) (09 December 2010)

High Court (Technology and Construction Court)

Redwing Construction Ltd v Wishart [2010] EWHC 3366 (TCC) (22 December 2010)

Walter Llewellyn & Sons Ltd & Anor v Excel Brickwork Ltd [2010] EWHC 3415 (TCC) (22 December 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted January 4th, 2011 in legislation by sally

The Family Procedure Rules 2010

The Criminal Procedure (Amendment No. 2) Rules 2010

The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010

The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010

The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010

The Education (Local Authority and School Performance Targets) (Revocation and Amendment) (England) Regulations 2010

The Air Navigation (Restriction of Flying) (London City Airport) (Revocation) Regulations 2010

The Education (Reintegration Interview) (Wales) Regulations 2010

The Children and Families (Wales) Measure 2010 (Commencement No. 3 and Savings Provision) Order 2010

The Education (Parenting Contracts and Parenting Orders) (Wales) Regulations 2010

The Motor Fuel (Composition and Content) and Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010

The Higher Education (Basic Amount) (England) Regulations 2010

The Higher Education (Higher Amount) (England) Regulations 2010

The Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010

The Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 4) Order 2010

The Police Authority (Amendment No. 3) Regulations 2010

Source: www.legislation.gov.uk

Man who threw snowball at police faces second court hearing – The Guardian

Posted January 4th, 2011 in assault, news, police, prosecutions by sally

“Dean Smith charged with common assault and case adjourned to give CPS time to decide whether to proceed with case.”

Full story

The Guardian, 3rd January 2011

Source: www.guardian.co.uk

Britain’s anti-terror control orders condemned as ‘trademark of despots’ – The Guardian

Posted January 4th, 2011 in control orders, human rights, news, terrorism by sally

“A powerful coalition of human rights groups has intensified pressure on the government to abandon its use of control orders, as ministers continue to wrangle over whether to scrap the controversial counter-terrorism measure.”

Full story

The Guardian, 2nd January 2011

Source: www.guardian.co.uk

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) – WLR Daily

Posted January 4th, 2011 in inquests, law reports, legal representation by sally

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346

“The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had breached its substantive obligations under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) – WLR Daily

Posted January 4th, 2011 in enfranchisement, landlord & tenant, law reports, leases by sally

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345

“Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar – WLR Daily

Posted January 4th, 2011 in EC law, immigration, imprisonment, law reports by sally

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar [2010] EWCA Civ 1406; [2010] WLR (D) 344

“A short term of imprisonment on the part of an EEA worker during his first five years in the United Kingdom meant that the time needed to establish a right permanently to reside had to begin anew after his imprisonment had concluded.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Clift v Slough Borough Council – WLR Daily

Posted January 4th, 2011 in defamation, law reports, privacy, privilege by sally

Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343

“Where a public authority had widely disclosed information about a person who had been in contact with its staff, both stating that she had been placed on its violent persons register and enclosing the entry itself, it was relevant, when looking to the applicability of qualified privilege, to have regard to the art 8 Convention rights of the person so identified and also to look to the proportionality of the disclosure itself.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Twaite – WLR Daily

Posted January 4th, 2011 in courts martial, human rights, law reports, verdicts by sally

Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342

“Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department – WLR Daily

Posted January 4th, 2011 in forced marriages, human rights, immigration, law reports, marriage by sally

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341

“R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family and private life and on the right to marry, guaranteed by arts 8 and 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Asbos to be scrapped following review – Daily Telegraph

Posted January 4th, 2011 in ASBOs, news, nuisance by sally

“The Asbo is to be scrapped as part of a major review on tackling anti-social behaviour that will see a return to the common sense policing of yobs, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 4th January 2011

Source: www.telegraph.co.uk

UK faces legal challenge from family of Bangladeshi allegedly tortured by ‘death squad’ – the Guardian

Posted January 4th, 2011 in Bangladesh, intelligence services, news, torture by sally

“The British government faces a legal challenge over allegations it was complicit in the torture of Bangladeshi MP Salauddin Chowdhury, who was arrested by the country’s security forces earlier this month.”

Full story

The Guardian, 31st December 2010

Source: www.guardian.co.uk