Proposed online privacy rules are a ‘missed opportunity’ – The Lawyer

Posted January 25th, 2012 in company law, data protection, EC law, fines, internet, news, privacy by sally

“Lawyers have expressed concern over the European Commission’s overhaul of the EU’s online privacy rules that will see companies facing fines of as much as 2 per cent of annual turnover for breach of code.”

Full story

The Lawyer, 25th January 2012

Source: www.thelawyer.com

Recent Statutory Instruments – legislation.gov.uk

Posted January 25th, 2012 in legislation by sally

The Commission for Architecture and the Built Environment (Dissolution) Order 2012

The Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (England and Wales) (Appeals under Part 2) Order 2012

The Education (School Teachers’ Appraisal) (England) Regulations 2012

Source: www.legislation.gov.uk

Means testing of suspects held in police stations dropped from bill by coalition – The Guardian

Posted January 25th, 2012 in bills, legal aid, legal representation, news, police by sally

“One of the most controversial elements of the government’s legal aid bill – the means testing of suspects held in police stations – has been abandoned following a critical late-night debate in the House of Lords.”

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The Guardian, 25th January 2012

Source: www.guardian.co.uk

Court of Protection update – Thirty Nine Essex Street

Posted January 25th, 2012 in Court of Protection, news by sally

Court of Protection update (PDF)

Thirty Nine Essex Street, January 2012

Source: www.39essex.com

Tobacco companies drop judicial review proceedings over display ban – The Lawyer

Posted January 25th, 2012 in advertising, judicial review, news, smoking by sally

“Four leading tobacco manufacturers have dropped their judicial review bid against the Government’s plan to introduce a display ban on tobacco products.”

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The Lawyer, 25th January 2012

Source: www.thelawyer.com

Judge bans tweeting from Harry Redknapp tax trial after reporter tweets name of juror – Legal Week

Posted January 25th, 2012 in internet, juries, news, reporting restrictions, tax evasion, trials by sally

“The judge in Tottenham Hotspur manager Harry Redknapp’s tax trial has banned the use of Twitter in court after a breach of reporting restrictions.”

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Legal Week, 24th January 2012

Source: www.legalweek.com

Google+

Posted January 25th, 2012 in news by sally

The Inner Temple Library now has a Google+ page, featuring information and links to our services, news and photo sets.

Law Society president: split in profession to end – Law Society’s Gazette

“The president of the Law Society expects the 180-year-old division between solicitors and barristers to wither away as a result of the reforms set in motion by the Legal Services Act.”

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Law Society’s Gazette, 25th January 2012

Source: www.lawgazette.co.uk

What’s wrong with the European Court of Human Rights? – The Guardian

Posted January 25th, 2012 in human rights, news, statistics by sally

“The prime minister goes to Strasbourg today arguing for reforms to the ECtHR claiming that it is ‘swamped’ by cases, becoming a ‘small claims court’ and needs urgent reform. Is he right?”

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The Guardian, 25th January 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 25th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

C v R. [2012] EWCA Crim 6 (19 January 2012)

Court of Appeal (Civil Division)

Secretary of State for Energy and Climate Change v Friends of the Earth & Ors [2012] EWCA Civ 28 (25 January 2012)

Source: www.bailii.org

Wind Farm Inquiries – A Practical Note – No.5 Chambers

Posted January 25th, 2012 in carbon dioxide emissions, energy, news, planning by sally

“Government policy, over succeeding years, has been moving in a more permissive direction. The present extant national policy is found in PPS 1, Planning and Climate Change: Supplement to PPS 1, PPS 22 and Planning for Renewable Energy: A Companion Guide to PPS22. Further, under the coalition government a fresh suite of policies extolling the benefits of wind farm development in appropriate locations. This includes ‘The Presumption in Favour of Sustainable Development’, EN-1, EN-3 and the Renewable Energy Roadmap.”

Full story (PDF)

No.5 Chambers, 20th January 2012

Source: www.no5.com

Solar subsidies cuts: UK government loses court appeal – The Guardian

Posted January 25th, 2012 in carbon dioxide emissions, energy, news by sally

“The government lost its appeal on Wednesday against a judge’s ruling that its cuts to solar power subsidies were illegal, suggesting thousands of homes and businesses will now be able to claim the higher payments.”

Full story

The Guardian, 25th January 2012

Source: www.guardian.co.uk

Schmitt v Deichmann and others – WLR Daily

Posted January 25th, 2012 in administrators, foreign companies, fraud, insolvency, jurisdiction, law reports by sally

Schmitt v Deichmann and others [2012] EWHC 62 (Ch); [2012] WLR (D) 8

“The court had an inherent jurisdiction under the common law to permit the statutory power under section 423 of the Insolvency Act 1986, preventing transactions defrauding creditors, to be applied to a foreign administrator not falling within the express scope of the 1986 Act.”

WLR Daily, 23rd January 2012

Source: www.iclr.co.uk

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners – WLR Daily

Posted January 25th, 2012 in appeals, customs and excise, forfeiture, law reports by sally

Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners [2012] EWCA Civ 15; [2012] WLR (D) 6

“Section 139(1) of the Customs and Excise Management Act 1979 gave customs officers power to detain goods only where they were ‘liable to forfeiture’ in the sense that the relevant facts empowering the court to order forfeiture actually existed; it was not enough that the relevant officer reasonably suspected that such facts might exist in respect of goods which were under investigation.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Regina v C(S) – WLR Daily

Posted January 25th, 2012 in conspiracy, law reports, locus standi, retrials by sally

Regina v C(S) [2012] EWCA Crim 6; [2012] WLR (D) 5

“At a retrial of a conspirator about whom the jury at the first trial had been unable to reach a verdict, the Crown would be entitled to tell the jury that it was the prosecution’s case that those who had been acquitted at the first trial were probably involved in the conspiracy and that the jury would be entitled to take into account the acquitted conspirators’ probable role in the importation when deciding whether they were sure that the defendant had conspired with a conspirator who had pleaded guilty.”

WLR Daily, 19th January 2012

Source: www.iclr.co.uk

Alstom Transport v Eurostar International Ltd – WLR Daily

Posted January 25th, 2012 in contracts, EC law, law reports, public procurement, state aids, transport by sally

Alstom Transport v Eurostar International Ltd [2012] EWHC 28 (Ch); [2012] WLR (D) 4

“Regulation 3(2) of the Utilities Contracts Regulations 2006 (‘UCR’) should be construed as if it said that network ‘includes a system operated in accordance’ instead of ‘means a system operated in accordance’. The term ‘contracting authority’ in regulation 2(1) of the UCR and regulation 3(1) of the Public Contracts Regulations 2006 (‘the PCR’) was restricted to domestic bodies only. The fact that an undertaking was able to continue trading only as a result of very substantial state aid did not preclude it from being of an industrial or commercial character within the terms of article 2(1) of Parliament and Council Directive 2004/17/EC.”

WLR Daily, 20th January 2012

Source: www.iclr.co.uk

Terrorism control order system ends at midnight – BBC News

“The control order regime restricting the freedoms of terrorism suspects is being abolished from midnight.”

Full story

BBC News, 25th January 2012

Source: www.bbc.co.uk

David Cameron calls for reform of European court of human rights – The Guardian

Posted January 25th, 2012 in human rights, news by sally

“David Cameron is to warn that the European court of human rights is in danger of turning into a ‘small claims court’ that fails to deal with serious violations of human rights, unless it embarks on reforms.”

Full story

The Guardian, 25th January 2012

Source: www.guardian.co.uk

Related link: Podcast: Adam Wagner – My advice to the Court

Care Quality Commission puts gagging orders on six employees – The Guardian

Posted January 25th, 2012 in complaints, confidentiality, employment, news, public interest, whistleblowers by sally

“A health watchdog with responsibility for protecting NHS whistleblowers has asked at least six employees to sign confidentiality agreements that stop them from criticising the organisation publicly.”

Full story

The Guardian, 24th January 2012

Source: www.guardian.co.uk

Polling station law ‘must be changed before 2015’ – BBC News

Posted January 25th, 2012 in ballots, elections, news by sally

“The law should be changed before the next general election to allow anyone queuing at the ballot box when polls close to vote, a report says.”

Full story

BBC News, 25th January 2012

Source: www.bbc.co.uk