Regina (Modaresi) v Secretary of State for Health and others – WLR Daily

Posted November 25th, 2011 in law reports, mental health, service, time limits, tribunals by sally

Regina (Modaresi) v Secretary of State for Health and others [2011] EWCA Civ 1359; [2011] WLR (D) 340

“The 14-day period allowed to a detained mental patient to lodge an application with the Mental Health Review Tribunal as provided by section 66 of the Mental Health Act 1983 and rule 32(1) the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008 was not to be considered to have expired where, though sent by fax on the last working day within the period, it was not in fact received by the tribunal until the next working after an intervening holiday period during which the 14-day time limit had expired.”

WLR Daily, 23rd November 2011


McGowan v B – WLR Daily

Posted November 25th, 2011 in human rights, law reports, legal representation, news, police interviews by sally

McGowan v B [2011] UKSC 54; [2011] WLR (D) 339

“There was no rule of the European Court of Human Rights that a suspect in police custody could only waive his right of access to legal advice before and during police questioning if he had first received legal advice as to whether he should do so.”

WLR Daily, 23rd November 2011


Command Papers –

Posted November 25th, 2011 in parliamentary papers by sally

Government’s Response to Professor Malcolm Harrington’s Second Independent Review of the Work Capability Assessment, Cm 8229 (PDF)

Government Response to the House of Commons Business, Innovation and Skills Committee’s Tenth Report of Session 2010–2012: Pub Companies, Cm 8222 (PDF)


Boy, 14, found with guns let free because law says he is not a danger – Daily Telegraph

Posted November 25th, 2011 in firearms, news, rehabilitation, sentencing, young offenders by sally

“A 14-year-old boy caught with two handguns and live ammunition has walked from court after a judge said he could not impose a custodial sentence because Parliament had ‘tied his hands’.”

Full story

Daily Telegraph, 25th November 2011


Bratza bites back – UK Human Rights Blog

Posted November 25th, 2011 in human rights, judiciary, news by sally

“I had intended to entitle this post ‘Bratza goes ballistic’ which would, for reasons I will explain, have been unfair. However, as reported by, the new British president of the European Court of Human Rights has pushed back strongly against ‘vitriolic and – I am afraid to say, xenophobic – fury’ of the reaction to recent rulings by the UK government and press, which he says is ‘unprecedented in my experience, as someone who has been involved with the Convention system for over 40 years.'”

Full story

UK Human Rights Blog, 25th November 2011


Lawcast 200: James Vine on Bribery and social media – Charon QC

Posted November 25th, 2011 in bribery, internet, podcasts by sally

“Today I am talking to barrister James Vine about Bribery and then his thoughts on social media. James is also a farmer, enthusiastic tweeter and author of The Bung Blog.”

Full story

Charon QC, 24th November 2011


“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Courts should be allowed to turn down US extradition requests, MPs say – Daily Telegraph

Posted November 25th, 2011 in extradition, news by sally

“Courts should be able to use their discretion to refuse extradition requests from the United States and European countries, MPs have been told.”

Full story

Daily Telegraph, 24th November 2011


MoD’s resistance to human rights in Iraq blamed for death of Baha Mousa – The Guardian

Posted November 25th, 2011 in armed forces, assault, detention, human rights, Iraq, news by sally

“The army’s former chief legal adviser in Iraq has accused the Ministry of Defence of moral ambivalence and a cultural resistance to human rights that allowed British troops to abuse detainees and beat the Basra hotel worker Baha Mousa to death.”

Full story

The Guardian, 24th November 2011


CPS has not seen all US evidence against Babar Ahmad – The Independent

Posted November 25th, 2011 in Crown Prosecution Service, deportation, evidence, news, terrorism by sally

“The Crown Prosecution Service has admitted it has never seen much of the evidence prosecutors are using against Babar Ahmad, who has spent seven years in prison, Green MP Caroline Lucas has revealed.”

Full story

The Independent, 25th November 2011


BAILII: Recent Decisions

Posted November 25th, 2011 in law reports by sally

High Court (Criminal Division)

Hall, R. v [2011] EWCA Crim 2753 (24 November 2011)

Levesconte v Regina [2011] EWCA Crim 2754 (24 November 2011)

DM, R. v [2011] EWCA Crim 2752 (24 November 2011)

Court of Appeal (Civil Division)

Howard -Jones v Tate [2011] EWCA Civ 1330 (24 November 2011)

Pattni v First Leicester Buses Ltd [2011] EWCA Civ 1384 (24 November 2011)

High Court (Administrative Court)

Bibb v Bristol City Council [2011] EWHC 3057 (Admin) (24 November 2011)

High Court (Commercial Court)

BNP Paribas SA v Open Joint Stock Company Russian Machines & Anor [2011] EWHC 308 (Comm) (24 November 2011)


Network Rail faces legal action over deaths of teenage girls – The Guardian

Posted November 25th, 2011 in health & safety, news, prosecutions, railways by sally

“Network Rail is to be prosecuted over the deaths of two teenagers at a level crossing, the father of one of the girls has said.”

Full story

The Guardian, 25th November 2011