Crimes committed by victims of human trafficking – should they be prosecuted? – UK Human Rights Blog

“This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on Action against Trafficking in Human Beings.”

Full story

UK Human Rights Blog, 22nd February 2012


Child rapists’ sentences reviewed – The Independent

Posted February 22nd, 2012 in attorney general, child abuse, news, rape, sentencing by sally

“The Attorney General’s Office is reviewing the sentences of two child rapists who were jailed for just 40 months for attacking an 11-year-old girl.”

Full story

The Independent, 22nd February 2012


Recent Statutory Instruments –

Posted February 22nd, 2012 in legislation by sally

The Double Taxation Relief (Bank Levy) (Federal Republic of Germany) Order 2012

The Bank Levy (Double Taxation Arrangements) (Federal Republic of Germany) Regulations 2012

The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2012

The Bank Levy (Double Taxation Relief) Regulations 2012


Branson wins right to own porn web address featuring his name –

Posted February 22nd, 2012 in dispute resolution, domain names, internet, news, pornography, trade marks by sally

“An Australian man has been ordered to transfer his ownership of the domain name to UK entrepreneur Richard Branson.”

Full story, 22nd February 2012


Nikitta Grender: Carl Whant guilty of murdering pregnant teenager – BBC News

“A former nightclub bouncer has been convicted of murdering a heavily pregnant teenager two weeks before she was due to give birth.”

Full story

BBC News, 22nd February 2012


St Paul’s protesters refused appeal – The Independent

Posted February 22nd, 2012 in appeals, Church of England, demonstrations, injunctions, news by sally

“Anti-capitalist protesters camping outside St Paul’s Cathedral were today refused permission by the Court of Appeal to challenge orders evicting them.”

Full story

The Independent, 22nd February 2012


Regina v N(A); Regina v Le – WLR Daily

Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38

“The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the prosecution of a defendant suspected of being involved in unlawful activities if he/she might have been the victim of trafficking for labour exploitation and might be unable to advance duress as a defence but who fell within the protective ambit of article 26.”

WLR Daily, 20th February 2012


Torfaen County Borough Council v Douglas Willis Ltd – WLR Daily

Posted February 22nd, 2012 in food hygiene, health & safety, law reports, local government by sally

Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] WLR (D) 37

“In order to found a conviction for an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996, a prosecuting authority was required to prove, to the criminal standard: (i) that the food, at the point that it was ready for delivery to the ultimate consumer or caterer, was ‘highly perishable’ and so required then and thereafter to be labelled with a ‘use by’ date; (ii) that the defendant was, at the time of the alleged offence, selling the food within the extended definition contained within regulation 2; and (iii) that, at the time of the alleged offence, the date on the ‘use by’ label had passed. The subsequent freezing of food requiring and given a ‘use by’ label would not cause that label to cease to have effect.”

WLR Daily, 20th February 2012


Interview with Sir Andrew Macfarlane – Family Law Bar Association

Posted February 22nd, 2012 in families, judges, news by sally

“Sir Andrew McFarlane was promoted to the Court of Appeal in July 2011, the most recent appointment in a meteoric career that began in the drama department of Durham University. As he explains in conversation with Family Affairs, his preferred activities at University
 involved drama, student politics and the church. Law seems to have 
been an after-thought and he is (probably) the only member of the
 current Court of Appeal able to boast of a third class degree. Beware
 the temptation, however, to assume that Andrew has a third class 
mind; his progress from provincial practice in the West Midlands to a
glittering leading career at 1KBW, authorship of the leading text book
 on Child Law, a raft of committee appointments including
 Chairmanship of the FLBA, the High Court bench at 51 and the Court
 of Appeal at 57 bear testament to a distinctly first class brain with
 application to match.”

Full story

Family Law Bar Association, 20th February 2012


BAILII: Recent Decisions

Posted February 22nd, 2012 in law reports by sally

Supreme Court

Stanford International Bank Ltd v Director of The Serious Fraud Office [2012] UKSC 3 (15 February 2012)

Court of Appeal (Civil Division)

Cameron v Boggiano & Anor [2012] EWCA Civ 157 (21 February 2012)

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 155 (21 February 2012)

Caterpillar Logistics Services (UK) Ltd v de Crean [2012] EWCA Civ 156 (21 February 2012)

Hobson v Magee (t/a Team Magee) [2012] EWCA Civ 116 (21 February 2012)

Kennerley v Beech & Anor [2012] EWCA Civ 158 (21 February 2012)

Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 (21 February 2012)

Polestar Maritime Ltd v YHM Shipping Co Ltd & Anor (Rev 1) [2012] EWCA Civ 153 (17 February 2012)

High Court (Chancery Division)

Moore v British Waterways Board [2012] EWHC 182 (Ch) (10 February 2012)

High Court (Administrative Court)

Woolley, R (on the application of) v Ministry of Justice [2012] EWHC 295 (Admin) (21 February 2012)

High Court (Technology and Construction Court)

Berry Piling Systems Ltd v Sheer Projects Ltd [2012] EWHC 241 (TCC) (21 February 2012)


Fox hunt investigation abandoned amid row between campaigners and CPS – The Guardian

“An investigation into a Dorset hunt has been abandoned amid a row between animal welfare monitors and the Crown Prosecution Service over the text of a letter explaining why no arrests should be made.”

Full story

The Guardian, 21st February 2012


Failed superinjunctions: a brief history – Daily Telegraph

Posted February 22nd, 2012 in anonymity, injunctions, media, news, privacy by sally

“Ryan Giggs has finally given up his anonymity over his alleged affair with model Imogen Thomas. He is not the first celebrity to see a superinjunction fail.”

Full story

Daily Telegraph, 21st February 2012


Law on missing people should be simplified, say MPs – The Guardian

Posted February 22nd, 2012 in fraud, insurance, missing persons, news, presumption of death orders by sally

“‘Byzantine’ laws in England and Wales determining the affairs of those who go missing are so bewildering that they should be replaced with a simplified presumption of death act, a report by MPs proposes.”

Full story

The Guardian, 22nd February 2012


Let’s not add insult to personal injury – The Guardian

Posted February 22nd, 2012 in claims management, insurance, news, personal injuries by sally

“Whiplash can be a pain in the neck for insurers – and it’s they who are driving the debate over the scale of personal injury claims.”

Full story

The Guardian, 20th February 2012