Firm entitled to serve legal documents via Facebook, High Court rules – OUT-LAW.com

Posted February 23rd, 2012 in documents, internet, news, service by sally

“The High Court has ruled that legal claims can be served through Facebook after uncertainty was expressed about the postal address of one of defendants, according to a newspaper report.”

Full story

OUT-LAW.com, 22nd February 2012

Source: www.out-law.com

UK detention of torture victims ‘inhumane’ – The Guardian

Posted February 23rd, 2012 in asylum, detention, news, torture, trafficking in human beings, victims by sally

“The detention of victims of torture and trafficking by the UK Border Agency pending their ‘fast-track’ deportation from Britain has been strongly criticised by the UN.”

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The Guardian, 23rd February 2012

Source: www.guardian.co.uk

Government asks Supreme Court for permission to appeal FiTs rulings – OUT-LAW.com

Posted February 23rd, 2012 in appeals, consultations, energy, news, Supreme Court by sally

“The Government has asked the Supreme Court to rule on whether it acted lawfully when it announced plans to scale back its subsidy plans for solar projects in December.”

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OUT-LAW.com, 22nd February 2012

Source: www.out-law.com

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.”

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UK Human Rights Blog, 22nd February 2012

Source: www.ukhumanrightsblog.com

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.”

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The Independent, 22nd February 2012

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

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

Source: www.legislation.gov.uk

Branson wins right to own porn web address featuring his name – OUT-LAW.com

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 richardbranson.xxx domain name to UK entrepreneur Richard Branson.”

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OUT-LAW.com, 22nd February 2012

Source: www.out-law.com

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.”

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BBC News, 22nd February 2012

Source: www.bbc.co.uk

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.”

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The Independent, 22nd February 2012

Source: www.independent.co.uk

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

Source: www.iclr.co.uk

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

Source: www.iclr.co.uk

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

Source: www.flba.co.uk

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)

Source: www.bailii.org

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.”

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The Guardian, 21st February 2012

Source: www.guardian.co.uk

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

Source: www.telegraph.co.uk

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.”

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The Guardian, 22nd February 2012

Source: www.guardian.co.uk

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

Source: www.guardian.co.uk

Ex-Norwich striker Leon McKenzie jailed for bogus letters to police – The Guardian

“The former Norwich City striker Leon McKenzie has been jailed for sending bogus letters to the police in a bid to avoid a driving ban.”

Full story

The Guardian, 21st February 2012

Source: www.guardian.co.uk

Wheelclampers jailed for conspiracy to defraud – The Guardian

Posted February 21st, 2012 in conspiracy, fraud, news, sentencing, wheel clamping by tracey

“Five members of a car clamping operation that used motorists ‘as a licence to print money’ have been jailed for a total of almost eight years.”

Full story

The Guardian, 21st February 2012

Source: www.guardian.co.uk

Arthur Scargill wins £13,000 union damages – The Independent

Posted February 21st, 2012 in damages, expenses, news, trade unions by tracey

“Former miners’ leader Arthur Scargill has been awarded £13,000 in damages after he sued a trust fund of the union he led for 20 years. Mr Scargill, 74, sued the National Union of Mineworkers Yorkshire Area Trust Fund (YATF) over a range of expenses he claimed he was owed when he worked for them in a £26,000-a-year role after he retired as NUM national president.”

Full story

The Independent, 21st February 2012

Source: www.independent.co.uk