Ex-MI5 chief to hear deportation case of alleged spy – BBC News

Posted September 30th, 2011 in conflict of interest, deportation, intelligence services, news, spying by tracey

“A judge has ruled that an ex-British intelligence chief can help to decide whether an MP’s former aide accused of spying should be deported from the UK.”

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BBC News, 30th September 2011

Source: www.bbc.co.uk

Travellers ‘in breach’ of the law – The Independent

Posted September 30th, 2011 in enforcement notices, housing, news, planning, travellers by tracey

“If the High Court allowed residents of the UK’s largest illegal travellers’ site to escape eviction it would ‘send out the wrong signal’ to the nation, a judge was told today. A victory for the travellers of Dale Farm, near Basildon, Essex, ‘would strike to the very principles of the rule of law’, said a barrister representing Basildon Council.”

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The Independent, 29th September 2011

Source: www.independent.co.uk

Brussels threatens to sue Britain to let in ‘benefit tourists’ – Daily Telegraph

Posted September 30th, 2011 in benefits, EC law, news by tracey

“The European Commission has threatened to take legal action against Britain if ministers do not water down rules limiting foreigners’ ability to claim benefits.”

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Daily Telegraph, 29th September 2011

Source: www.telegraph.co.uk

Broadband advertising proposals ‘a green light to mislead customers’ – Daily Telegraph

Posted September 30th, 2011 in advertising, consumer protection, internet, news by tracey

“New proposals to regulate how broadband is advertised have been called ‘disappointing’ by Ofcom and ‘a green light to mislead’ by consumer group Which?.”

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Daily Telegraph, 30th September 2011

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted September 29th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Mitchell, R v [2011] EWCA Crim 2030 (05 August 2011)

Court of Appeal (Civil Division)

Cambridge, R v [2011] EWCA Crim 2009 (2 August 2011)

High Court (Queen’s Bench Division)

Egan v Basildon Borough Council [2011] EWHC 2416 (QB) (26 September 2011)

High Court (Family Division)

W v M & Ors [2011] EWHC 2443 (Fam) (28 September 2011)

Source: www.bailii.org

Williams and others v British Airways plc (Case C-155/10) – WLR Daily

Posted September 29th, 2011 in airlines, EC law, employment, law reports, remuneration, working time by sally

Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282

“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

Detention of mentally ill foreign national violated Convention rights – Daniel Sokol – UK Human Rights Blog

Posted September 29th, 2011 in deportation, detention, human rights, mental health, news by sally

“The High Court has found that the Secretary of State unlawfully detained a mentally ill foreign national who was awaiting deportation. By failing to notify the claimant of the deportation order in good time or to follow the Home Office’s own published policies on the detention of mentally ill persons, and by detaining the claimant in degrading conditions, the Secretary of State had breached Article 3 (prohibition of inhuman and degrading treatment) and Article 5 (right to liberty and security of person) of the Convention.”

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UK Human Rights Blog, 29th September 2011

Source: www.ukhumanrightsblog.com

Courts in a clash – in in-depth look at a closely watched Supreme Court ruling on arbitrators – Legal Week

Posted September 29th, 2011 in arbitration, news, Supreme Court by sally

“Hogan Lovells’ Jerome Finnis dissects a surprise decision by the Court of Appeal regarding the nationality of arbitrators, and why the Supreme Court reversed it.”

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Legal Week, 29th September 2011

Source: www.legalweek.com

2012 Olympic short term landlords ‘could face fines’ – BBC News

Posted September 29th, 2011 in fines, landlord & tenant, news by sally

“Londoners hoping to rent out their homes during the Olympics are being warned they could be breaking the law and left facing a fine.”

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BBC News, 28th September 2011

Source: www.bbc.co.uk

Pay shake-up at criminal Bar could see QCs paid at same level as leading juniors – Legal Week

Posted September 29th, 2011 in barristers, fees, news, queen's counsel, remuneration by sally

“Criminal silks could see a significant drop in pay to match the rates of leading junior barristers, following recommendations made by the Legal Services Commission (LSC) last week.”

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Legal Week, 28th September 2011

Source: www.legalweek.com

Shrien Dewani extradition signed for possible South Africa murder trial – The Guardian

Posted September 29th, 2011 in extradition, murder, news, post-traumatic stress disorder by sally

“The prospect of the British man Shrien Dewani being flown to South Africa to face trial over the murder of his wife, Anni, moved a step closer when the home secretary signed an order for his extradition.”

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The Guardian, 28th September 2011

Source: www.guardian.co.uk

Strict liability for offence of under-age sex does not offend presumption of innocence – UK Human Rights Blog

Posted September 29th, 2011 in age of consent, human rights, news, sexual offences, strict liability by sally

“The Strasbourg Court has rejected as manifestly ill-founded a complaint that the offence of strict liability for rape of a child under 13 violated the right to a presumption if innocence under Article 6 and respect for private life under Article 8.”

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UK Human Rights Blog, 28th September 2011

Source: www.ukhumanrightsblog.com

Internet policing is ‘inevitable’ – Law Society’s Gazette

Posted September 29th, 2011 in freedom of expression, internet, media, news, privacy, public interest by sally

“State-imposed control of the internet is ‘inevitable’ if the conflict between the right to privacy and a free press is ever to be resolved, lawyers and journalists suggested last week at a Law Society public debate.”

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Law Society’s Gazette, 29th September 2011

Source: www:lawgazette.co.uk

No Government decision on unfair dismissal claims – The Independent

Posted September 29th, 2011 in employment, news, unfair dismissal by sally

“The Government today insisted it had made no final decision on whether to increase the qualifying period for unfair dismissal claims from 12 months to two years and was still considering responses to a consultation.”

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The Independent, 28th September 2011

Source: www.independent.co.uk

Met spending inquiry led to conviction of six officers, says IPCC – The Guardian

Posted September 29th, 2011 in complaints, disciplinary procedures, expenses, fraud, news, police by sally

“A four-year inquiry into £3.7m worth of ‘unreconciled’ spending on corporate credit cards by members of Scotland Yard has led to the conviction of six officers, and the disciplining of 34 others, the Independent Police Complaints Commission (IPCC) said.”

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The Guardian, 28th September 2011

Source: www.guardian.co.uk

Aiden Jackson guilty of murdering David Cowley – BBC News

Posted September 29th, 2011 in anonymity, murder, news, young offenders by sally

“An 18-year-old man has been found guilty of murdering a man he arranged to meet for a sexual act.”

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BBC News, 28th September 2011

Source: www.bbc.co.uk

Attorney general returns to unique role over legal aid reform – The Guardian

Posted September 29th, 2011 in attorney general, legal aid, litigants in person, news by sally

“The attorney general is to intervene in the controversy over cuts to family justice, according to the Times. Dominic Grieve is to tell Ken Clarke that the lord chancellor’s proposals would clog up the courts with unrepresented litigants.”

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The Guardian, 28th September 2011

Source: www.guardian.co.uk

Valuers Breathe Sigh of Relief – Hardwicke Chambers

Posted September 28th, 2011 in mortgages, negligence, news, valuation by sally

“Since the early 1990s it has been common place for ‘the ordinary domestic householder purchasing his own home’ to pursue the valuer contracted by the prospective mortgagee for negligent over-valuation.”

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Hardwicke Chambers, 19th September 2011

Source: www.hardwicke.co.uk

Nowhere to run: insolvency is no protection from possession proceedings – Zenith Chambers

Posted September 28th, 2011 in debts, insolvency, landlord & tenant, news, rent by sally

“Social landlords face a constant struggle trying to persuade heavily indebted tenants that paying rent is a priority over paying off the tenants’ bigger, more threatening creditors.”

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Zenith Chambers, 13th September 2011

Source: www.zenithchambers.co.uk

Settling Employment Claims: some recent developments – 11KBW

Posted September 28th, 2011 in contract of employment, news by sally

“The settlement of ordinary commercial disputes is familiar territory for all lawyers, and settlements rarely require any particular formalities beyond sufficient clarity as to the terms of the agreement. This is equally so for purely contractual disputes in the field of employment, but there the comparison stops. It is a basic principle of statutory employment rights that the parties cannot simply contract out of the rights, and therefore particular formality is needed to effect an enforceable settlement of any employment dispute where the employee may make a claim based on statutory employment rights.”

Full story (PDF)

11KBW, 23rd September 2011

Source: www.11kbw.com