Herbal medicine to be regulated, says Andrew Lansley – Daily Telegraph

Posted February 17th, 2011 in complementary medicine, medicines, news by sally

“The EU directive, due to take full effect in April, makes it illegal for practitioners to supply unlicensed herbal medicines. But Andrew Lansley, the Health Secretary, said in a written ministerial statement that they would be allowed to continue if they registered with the Health Professions Council (HPC).”

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Daily Telegraph, 16th February 2011

Source: www.telegraph.co.uk

AV referendum to go ahead on May 5, after Lords challenge fails – Daily Telegraph

Posted February 17th, 2011 in elections, news, referendums by sally

“A referendum on changing the voting system will definitely take place on May 5 after the Government last night saw off an 11th-hour challenge to the plans in the House of Lords.”

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Daily Telegraph, 17th February 2011

Source: www.telegraph.co.uk

Financial watchdogs get new powers – The Guardian

Posted February 17th, 2011 in banking, competition, consumer protection, financial regulation, news by sally

“Investors and consumers will be given greater protection by new financial watchdogs which will have the power to ban retail products and reveal pending enforcement actions against banks and brokers.”

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The Guardian, 17th February 2011

Source: www.guardian.co.uk

It is vital these difficult cases are heard in public – The Guardian

Posted February 17th, 2011 in Court of Protection, news by sally

“Should a young woman be sterilised? Should a sex ban be imposed on a man in his 40s? Hearings involving vulnerable people need close monitoring.”

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The Guardian, 17th February 2011

Source: www.guardian.co.uk

IT student loses compensation bid after getting a 2:2 degree – Daily Telegraph

Posted February 16th, 2011 in compensation, news, race discrimination, universities by sally

“An IT student who says he can’t get a job because he got a second class degree has had his bid for £5m damages from the university he claims let him down thrown out by a High Court judge.”

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Daily Telegraph, 16th February 2011

Source: www.telegraph.co.uk

Rethinking the legal profession in the 21st century – future models for delivering legal services – justice for users – new structures on old foundations – Speech by Lord Justice Carnwath

Posted February 16th, 2011 in legal profession, legal services, news, speeches by sally

Rethinking the legal profession in the 21st century – future models for delivering legal services – justice for users – new structures on old foundations (PDF)

Speech by Lord Justice Carnwath, Senior President of Tribunals

Commonwealth Law Conference, 2011

Source: www.judiciary.gov.uk

Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same – WLR Daily

Posted February 16th, 2011 in EC law, employment, freedom of movement, law reports by sally

Vicoplus SC PUH v v Minister van Sociale Zaken en Werkgelegenheid; BAM Vermeer Contracting sp. zoo v Same; Olbek Industrial Services sp. zoo v Same (Case C-307/09 to C-309/09); [2011] WLR (D) 46

“Articles 56FEU and 57FEU of the FEU Treaty did not preclude a member state from making the hiring out on its territory of workers who were Polish nationals subject to the obtaining of a work permit during the transitional period provided for in paragraph 2 of Chapter 2 of Annex XII to the Act of Accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ 2003 L236, p 33). The hiring out of workers, within the meaning of article 1(3)(c) of Parliament and Council Directive 96/71/EC concerning the posting of workers in the framework of the provision of services (OJ 1997 L18, p1), was a service provided for remuneration in respect of which the worker who had been hired out remained in the employ of the undertaking providing the service, no contract of employment having been entered into with the user undertaking.”

WLR Daily, 15th February 2011

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.

Q&A: Building Schools for the Future court case – The Guardian

Posted February 16th, 2011 in budgets, education, judicial review, news by sally

“Details of the judicial review into the government’s scrapping of the school building programme.”

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The Guardian, 11th February 2011

Source: www.guardian.co.uk

NHS could be sued for neglecting elderly under new law – Daily Telegraph

Posted February 16th, 2011 in age discrimination, elderly, health, hospitals, news by sally

“Elderly patients who believe they have been treated badly because of their age could sue the National Health Service under new rights to be unveiled by ministers next month.”

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Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Offenders on sex register for life to get appeal right – BBC News

Posted February 16th, 2011 in appeals, criminal records, news, sexual offences by sally

“Thousands of sex offenders in England and Wales are set to be given the right to appeal against having their names on the sex offenders register for life.”

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BBC News, 16th February 2011

Source: www.bbc.co.uk

Report on election ‘fraud’ dismissed as a whitewash – The Independent

Posted February 16th, 2011 in elections, fraud, news by sally

“The Electoral Commission has concluded that there was no widespread evidence of voting fraud at last year’s local and general elections, despite allegations at the time that the postal ballot system was being exploited.”

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The Independent, 16th February 2011

Source: www.independent.co.uk

High court judge criticises police failure to fully investigate phone hacking – The Guardian

Posted February 15th, 2011 in interception, media, news, police, telecommunications by sally

“A high court judge has criticised the Metropolitan police for failing to adequately investigate allegations of phone hacking by the News of the World.”

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The Guardian, 15th February 2011

Source: www.guardian.co.uk

Retracting rape and domestic violence allegations: CPS launches public consultation – Crown Prosecution Service

“Individuals who retract truthful allegations of rape or domestic violence out of fear are less likely to be prosecuted under proposed new guidance for prosecutors on the offence of perverting the course of justice, the Director of Public Prosecutions, Keir Starmer QC, said today. But individuals who make malicious false allegations should know they risk prosecution, he said.”

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Crown Prosecution Service, 10th February 2011

Source: www.cps.gov.uk

Ken Clarke faces legal challenge to trace victims of ‘brutality’ in child jails – The Guardian

Posted February 15th, 2011 in children, news, restraint, secure training centres by sally

“A high court challenge has been launched over the Ministry of Justice’s refusal to identify hundreds of children who have been unlawfully restrained in privately run child jails using techniques that have since been banned.”

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The Guardian, 15th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Romani v R. [2011] EWCA Crim 183 (14 February 2011)

Court of Appeal (Civil Division)

Hertfordshire County Council, R (on the application of) v JM [2011] EWCA Civ 77 (15 February 2011)

Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123 (15 February 2011)

High Court (Queen’s Bench Division)

Murdock v Scarisbrick Group Ltd. [2011] EWHC 220 (QB) (11 February 2011)

Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

High Court (Administrative Court)

Lai, R (on the application of) v Secretary of State for Defence [2011] EWHC 145 (Admin) (15 February 2011)

Source: www.bailii.org

Mother’s legal plea to sterilise her daughter remains unresolved – The Guardian

Posted February 15th, 2011 in Court of Protection, learning difficulties, news, sterilisation by sally

“The mother of a young woman with learning difficulties who is pregnant with her second child broke down in tears as she pleaded with a high court judge to allow her daughter to be forcibly sterilised for her own protection.”

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The Guardian, 15th February 2011

Source: www.guardian.co.uk

Related: Test case over sterilisation puts court of protection under public scrutiny

Girl who falsely accused boy of rape narrowly escapes custodial sentence – The Guardian

Posted February 15th, 2011 in news, perverting the course of justice, rape, sentencing by sally

“A schoolgirl who was found guilty of falsely accusing a 14-year-old boy of rape when she was 15 was told by a judge she had only narrowly avoided a custodial sentence.”

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The Guardian, 15th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Traversa v Freddi [2011] EWCA Civ 81 (14 February 2011)

High Court (Queen’s Bench Division)

Lightfoot v Go-Ahead Group Plc [2011] EWHC 89 (QB) (01 February 2011)

XYZ v Portsmouth Hospitals NHS Trust [2011] EWHC 243 (QB) (14 February 2011)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin) (14 February 2011)

Poi v “Lina” [2011] EWHC 234 (QB) (14 February 2011)

High Court (Administrative Court)

Mamaniat, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 157 (Admin) (24 January 2011)

High Court (Commercial Court)

Ground Gilbey Ltd & Anor v Jardine Lloyd Thompson UK Ltd [2011] EWHC 124 (Comm) (02 February 2011)

Sharon’s Bakery (Europe) Ltd v Axa Insurance UK Plc & Anor [2011] EWHC 210 (Comm) (09 February 2011)

High Court (Patents Court)

Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244 (Pat) (14 February 2011)

Source: www.bailii.org.uk

Sterilisation ruling: what is the Court of Protection? – Daily Telegraph

Posted February 15th, 2011 in Court of Protection, news by sally

“Here is a potted guide to the Court of Protection, which is expected to rule today on whether a woman with a learning disability should be sterilised to prevent her from becoming pregnant again.”

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Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Legal Aid Cuts Will Cost More Than They Save: Barristers’ Body Warns That Increase in ‘DIY Justice’ Will Gridlock Courts – The Bar Council

Posted February 15th, 2011 in barristers, costs, legal aid, litigants in person, news by sally

“A forensic examination of the Government’s Green Paper on legal aid, carried out by the Bar Council, which represents barristers in England and Wales, has found that proposals by the Ministry of Justice to cut legal aid could end up costing rather than saving taxpayers’ money, with a devastating effect on access to justice.”

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The Bar Council, 14th February 2011

Source: www.barcouncil.org.uk