Uninterrupted Morris Dancing rights beaten by an A1P1 claim? – UK Human Rights Blog

Posted December 7th, 2011 in human rights, legislation, news, retrospectivity, rights of way by sally

“Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. I have posted on some of these, the ban of the pub fag machine, or the change in the law that meant insurers had to pay compensation for pleural plaques caused by asbestos. These A1P1 cases are not easy to win, not least because the courts are wary in thwarting legislative changes via one of the less fundamental and most qualified rights in the Convention locker.”

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UK Human Rights Blog, 7th December 2011

Source: www.ukhumanrightsblog.com

Father jailed for killing toddler – The Independent

Posted December 7th, 2011 in causing death of children or vulnerable adults, news, sentencing by sally

“A father who killed his toddler son because he was crying was jailed for nine years today.”

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The Independent, 7th December 2011

Source: www.independent.co.uk

Command Papers – official-documents.gov.uk

Posted December 7th, 2011 in parliamentary papers by sally

Post-legislative assessments of the Education and Inspections Act 2006, Childcare Act 2006 and Children and Adoption Act 2006, Cm 8204 (PDF)

Source: www.official-documents.gov.uk

The value of justice – LAG News Blog

Posted December 7th, 2011 in alcohol abuse, budgets, drug offences, family courts, news by sally

“District Judge Nicholas Crichton takes exception to the recently announced £41m increase in the cost of the opening and closing ceremonies for the Olympics. It is difficult not to agree with him, however much you might be looking forward to next year’s festivities, especially when vital services such as the Family Drug and Alcohol Court (FDAC), which he leads, have a financial question mark hanging over their future.”

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LAG News Blog, 7th December 2011

Source: www.legalactiongroupnews.blogspot.com

Undercover policeman’s identity ‘kept secret’ as he prepared to appear in court – The Guardian

Posted December 7th, 2011 in disclosure, evidence, news, police, public order by sally

“Prosecutors and police have been accused of keeping secret the identity of a police spy in a 1996 criminal trial of political campaigners.”

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The Guardian, 7th December 2011

Source: www.guardian.co.uk

Ex-councillor admits porn charges – The Independent

Posted December 7th, 2011 in indecent photographs of children, internet, local government, news by sally

“A Lib Dem MP’s former aide, who ran a campaign to prevent the closure of a local swimming pool popular with children, avoided a jail sentence today after admitting child porn offences.”

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The Independent, 7th December 2011

Source: www.independent.co.uk

Give judges discretion in murder sentencing – The Guardian

Posted December 7th, 2011 in judiciary, murder, news, sentencing by sally

“Mandatory life sentences erode the judiciary’s independence and fail to take account of the individual circumstances of a case.”

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The Guardian, 7th December 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted December 7th, 2011 in law reports by sally

Supreme Court

Russell & Ors v Transocean International Resources Ltd & Ors (Scotland) [2011] UKSC 57 (7 December 2011)

Aberdeen City Council v Stewart Milne Group Ltd (Scotland) [2011] UKSC 56 (7 December 2011)

Court of Appeal (Civil Division)

London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 (06 December 2011)

High Court (Queen’s Bench Division)

McKeown v Attheraces Ltd [2011] EWHC 3232 (QB) (07 December 2011)

High Court (Administrative Court)

ABC (A Minor) (Afghanistan), R (On the Application Of) v Secretary of State for the Home Department [2011] EWHC 2937 (Admin) (06 December 2011)

Source: www.bailii.org

Water cannon and plastic bullets, but don’t start panicking yet – Halsbury’s Law Exchange

Posted December 7th, 2011 in news, police, violent disorder by sally

“On 30 November the Metropolitan Police published the second part of its interim report into the widespread rioting in August 2011. The report has found that numbers of police on the streets of London were insufficient to deal with the disorder, and those that were there did not arrive quickly enough. It acknowledges the possibility that pre-existing tension went unnoticed, and that intelligence gathering systems could not keep pace with scale and speed of the riots.”

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Halsbury’s Law Exchange, 7th December 2011

Source: www.halsburyslawexchange.co.uk

Posters banned for ‘trivialising’ cosmetic surgery – The Guardian

Posted December 7th, 2011 in advertising, complaints, cosmetic surgery, news, ombudsmen by sally

“The advertising watchdog has banned a poster campaign for cosmetic surgery that featured a woman in a skimpy top in posters designed to look like the cover of a glossy women’s magazine, after deciding it trivialised breast augmentation and would be seen by young girls.”

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The Guardian, 7th December 2011

Source: www.guardian.co.uk

Final Destination 5 poster banned by ASA – BBC News

Posted December 7th, 2011 in advertising, complaints, news, ombudsmen, violence by sally

“The Advertising Standards Authority has banned a poster for horror sequel Final Destination 5 for being too violent.”

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BBC News, 7th December 2011

Source: www.bbc.co.uk

Withers LLP v Langbar International Ltd – WLR Daily

Posted December 7th, 2011 in client accounts, costs, debts, interest, law reports, news, solicitors by sally

Withers LLP v Langbar International Ltd [2011] EWCA Civ 1419; [2011] WLR (D) 351

“In asking whether money placed in the client account of a solicitor’s client were subject to a lien in favour of the solicitor the key question was whether the money had been placed in the account for general purposes or for a particular purpose which was incompatible with a lien arising.”

WLR Daily, 5th December 2011

Source: www.iclr.co.uk

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09) – WLR Daily

Posted December 7th, 2011 in conflict of laws, EC law, intellectual property, law reports, news by sally

Realchemie Nederland BV v Bayer CropScience AG (Case C-406/09); [2011] WLR (D) 350

“Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L 12, p1) applied to the recognition and enforcement of a decision of a court or tribunal that contained an order to pay a fine in order to ensure compliance with a judgment given in a civil and commercial matter. The costs relating to an exequatur (enforcement) procedure brought in one member state, in the course of which the recognition and enforcement was sought of a judgment given in another member state in proceedings seeking to enforce an intellectual property right, fell within article 14 of Parliament and Council Directive 2004/48/EC of 29 April 2004 on the enforcement of intellectual property rights (OJ 2004 L 157, p 45).”

WLR Daily, 18th December 2011

Source: www.iclr.co.uk

Transcript of the Lord Chief Justice’s Annual Press Conference 2011 – Judiciary of England and Wales

Posted December 7th, 2011 in judiciary, speeches by sally

Transcript of the Lord Chief Justice’s Annual Press Conference 2011 (PDF)

Judiciary of England and Wales, 6th December 2011

Source: www.judiciary.gov.uk

Record £130,000 child data error fine for Powys council – BBC News

Posted December 7th, 2011 in data protection, fines, local government, news, social services by sally

“A council which sent details of a child protection case to the wrong person has received a record £130,000 fine for breaching the Data Protection Act.”

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BBC News, 6th December 2011

Source: www.bbc.co.uk

Couple who used Indian surrogates can bring children up as their own rules judge – Daily Telegraph

Posted December 7th, 2011 in embryology, news, parental rights, surrogacy by sally

“An English couple who paid Indian women to have their babies can keep them and bring them up as their own ruled one of Britain’s top judges, Sir Nicholas Wall ruled today (6 December).”

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Daily Telegraph, 6th December 2011

Source: www.telegraph.co.uk

Pro bono cannot plug the gap left by legal aid cuts – The Guardian

Posted December 7th, 2011 in budgets, legal aid, news, pro bono work by sally

“Without decrying the achievements of voluntary legal work, let’s keep a sense of proportion.”

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The Guardian, 7th December 2011

Source: www.guardian.co.uk

Peers ‘should end Downton Abbey-style succession rules’ – BBC News

Posted December 7th, 2011 in news, parliament, peerages & dignities, succession by sally

“The House of Lords is being urged to end rules which deny most hereditary peerages to women.”

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BBC News, 7th December 2011

Source: www.bbc.co.uk

Groupon breaches ASA code for 49th and 50th time in 2011 – The Guardian

Posted December 7th, 2011 in advertising, complaints, news, ombudsmen by sally

“Groupon is in trouble with regulators again after a promotion for breast enhancement failed to deliver the boost promised, and a discount deal on an Ocado product which never existed.”

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The Guardian, 7th December 2011

Source: www.guardian.co.uk

Judges warned against straying into politics – by top judge – Daily Telegraph

Posted December 7th, 2011 in courts, judiciary, local government, murder, news, sentencing by sally

“Judges are straying too far in the world of politics and should stay within their ‘proper function’, the head of the judiciary, Lord Judge, has said.”

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Daily Telegraph, 6th December 2011

Source: www.telegraph.co.uk