Tinkering with the powers of the human rights court could be dangerous – The Guardian

Posted March 1st, 2012 in constitutional reform, courts, human rights, news by tracey

“How best to protect human rights across Europe? Governments will meet in Brighton next month to consider the future of the European court of human rights. The UK chairs the Council of Europe, and it has just published its proposals for reforming the court in a document called the Brighton Declaration.”

Full story

The Guardian, 1st March 2012

Source: www.guardian.co.uk

Witchcraft trial: couple found guilty of boy’s murder in London – The Guardian

Posted March 1st, 2012 in assault, children, murder, news, witchcraft by tracey

“A man and woman who tortured and killed a 15-year-old boy because they believed he was a witch have been found guilty of murder.”

Full story

The Guardian, 1st March 2012

Source: www.guardian.co.uk

Less than half of hospitals and care homes for people with learning disabilities meet national standards – The Independent

Posted March 1st, 2012 in care homes, hospitals, learning difficulties, news by tracey

“Three out of five hospitals and care homes for people with learning disabilities do not meet national standards for safety and quality, according to a series of unannounced inspections. The Care Quality Commission (CQC) today published its latest batch of inspection reports which examine whether people in NHS and privately-run homes are being safely and appropriately cared for, and protected from abuses.”

Full story

The Independent, 1st March 2012

Source: www.independent.co.uk

 

Circuses to be banned from using wild animals, government announces – The Guardian

Posted March 1st, 2012 in animals, bills, licensing, news by tracey

“MP who led backbench call for ban remains sceptical as ministers unveil plans for licensing regime to precede legislation.”

Full story

The Guardian, 1st March 2012

Source: www.guardian.co.uk

Victoria stabbing: Woman guilty of Sofyen Belamouadden killing – BBC News

“A woman has been found guilty of killing a teenager who was stabbed to death at a London Tube station.”

Full story

BBC News, 29th February 2012

Source: www.bbc.co.uk

Speeding biker Keith Darch jailed for trying to avoid prosecution – BBC News

“A motorcyclist who did 84mph in a 30mph zone has been jailed for 18 weeks after trying to avoid a speeding offence by claiming he had sold his bike.”

Full story

BBC News, 29th February 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 1st, 2012 in law reports by tracey

Supreme Court

Anderson v Shetland Islands Council & Anor [2012] UKSC 7 (29 February 2012)

Lehman Brothers International (Europe), Re [2012] UKSC 6 (29 February 2012)

Court of Appeal (Civil Division) Decisions

Merchant International Company Ltd v Natsionalna Aktsionerna Kompaniia Naftogaz [2012] EWCA Civ 196 (29 February 2012)

Transpetrol Maritime Services Ltd v SJB (Marine Energy) BV “Rowan” [2012] EWCA Civ 198 (29 February 2012)

An Informer v A Chief Constable [2012] EWCA Civ 197 (29 February 2012)

Court of Appeal (Criminal Division) Decisions

CS, R v [2012] EWCA Crim 389 (29 February 2012)

High Court (Administrative Court) Decisions

NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) (29 February 2012)

Jedrzejczyk v Circuit Court In Olsztyn, Poland [2012] EWHC 400 (Admin) (29 February 2012)

High Court (Technology and Construction Court) Decisions

West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc [2012] EWHC 396 (TCC) (27 February 2012)

Source: www.bailii.org

Department for Education v Molyneux – WLR daily

Posted March 1st, 2012 in appeals, evidence, law reports, medical records, pensions, teachers by tracey

Department for Education v Molyneux: [2012] EWCA Civ 193;  [2012] WLR (D)  50

“Regulations E33(2A) and E33(3) of the Teachers’ Pensions Regulations 1997, as amended, did not impose an obligation on the Secretary of State, when considering an application by a teacher for an early pension due to ill-health, made pursuant to regulation E4(4), to request further information from the teacher where the submitted medical evidence did not disclose the incapacity to the degree required but, rather, imposed an obligation on the teacher to produce all necessary medical evidence, with the Secretary of State holding a supplementary power to exercise as he thought fit.”

WLR Daily, 28th February 2012

Source: www.iclr.co.uk

Lawrence and another v Fen Tigers Ltd (in liquidation) and others – WLR Daily

Posted March 1st, 2012 in appeals, law reports, noise, nuisance, planning, sport by tracey

Lawrence and another v Fen Tigers Ltd (in liquidation) and others: [2012] EWCA Civ 26;  [2012] WLR (D)  49

“If the character of a locality had been changed as a consequence of planning permission having been granted and implemented, then the question whether particular activities in that locality constituted a nuisance should be decided against the background of its changed character. One consequence might be that otherwise offensive activities in that locality would cease to constitute a nuisance.”

WLR Daily, 27th February 2012

Source: www.iclr.co.uk

Cartwright and another v Registrar of Companies – WLR Daily

Posted March 1st, 2012 in administration orders, insolvency, law reports by tracey

Cartwright and another v Registrar of Companies: [2012] EWHC 359 (Ch);  [2012] WLR (D)  48

“Where a company’s administrators sent notice to the registrar of companies to place the company into voluntary liquidation, and the notice was sent and received by the registrar before the termination of the administration, but the administrative steps to bring about that registration occurred after the end of administration, paragraph 83(4) of Schedule 1B to the Insolvency Act 1986 should be interpreted as requiring registration with effect from the day of receipt. The phrases in paragraph 83(6) ‘on the registration of a notice’ and ‘on the day on which the notice is registered’ were treated as references to the effective date of registration, ie the date of receipt of the notice.”

WLR Daily, 24th February 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 1st, 2012 in legislation by tracey

The Immigration (Biometric Registration) (Amendment) Regulations 2012

The Crime and Security Act 2010 (Commencement No. 5) Order 2012

The Social Security (Contributions) (Amendment) Regulations 2012

The Occupational Pension Schemes (Contracting-out and Modification of Schemes) (Amendment) Regulations 2012

The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2012

The Pension Protection Fund and Occupational Pension Schemes (Levy Ceiling and Compensation Cap) Order 2012

The Registered Pension Schemes (Authorised Payments) (Amendment) Regulations 2012

The International Development Association (Multilateral Debt Relief Initiative) (Amendment) Order 2011

The International Bank for Reconstruction and Development (Selective Capital Increase) Order 2011

The International Bank for Reconstruction and Development (General Capital Increase) Order 2011

The National Health Service (Optical Charges and Payments) (Amendment) Regulations 2012

The Medicines (Products for Human Use) (Fees) Regulations 2012

The Offshore Installations (Safety Zones) Order 2012

The London Cable Car Order 2012

The Portsmouth City Council Access to Portsmouth (1) – Tipner Interchange, M275 Motorway Slip Roads Scheme 2009 Confirmation Instrument 2012

The Storage of Carbon Dioxide (Inspections etc.) Regulations 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted March 1st, 2012 in parliamentary papers by tracey

Six-monthly report on Hong Kong 1 July – 31 December 2011, Cm 8304 (PDF)

 The Government’s response to the report of the Joint Committee on the Draft Defamation Bill, Cm 8295 (PDF)

Source: www.official-documents.co.uk

Regulation of Health and Social Care Professionals – Law Commission

Posted March 1st, 2012 in consultations, health, Law Commission, regulations, social services by tracey

“The consultation paper makes provisional proposals which seek to simplify and modernise the law and establish a streamlined, transparent and responsive system of regulation of health care professionals, and in England only, the regulation of social workers.”

Full consultation paper

Law Commission, 1st March 2012

Source: http://lawcommission.justice.gov.uk

Why ten per cent? Tenth Lecture in the Implementation Programme – Speech by Lord Justice Jackson

Posted March 1st, 2012 in costs, damages, fees, personal injuries, speeches by tracey

“1.1 Recommendation ten. In paragraph 5.3 of chapter 10 of the Costs Review Final Report (‘FR’) I recommended that in personal injuries litigation the level of general damages for pain suffering and loss of amenity be increased by 10%. In paragraph 5.6 I recommended that general damages for nuisance, defamation and any other tort which causes suffering to individuals be increased by 10%. This recommendation is one out of a hundred and nine recommendations in the FR, all of which are collected on pages 463-471. It is recommendation ten in the list.”

Full speech

Judiciary of England and Wales, 29th February 2012

Source: www.judiciary.gov.uk

Consultation launched on Judicial discipline regulations – Judiciary of England and Wales

Posted March 1st, 2012 in complaints, consultations, judiciary, press releases by tracey

“The Office for Judicial Complaints (OJC) has launched a consultation on proposed changes to the rules and regulations governing the procedures concerning the handling of complaints and discipline of judges today.”

Full press release

Judiciary of England and Wales, 29th February 2012

Source: www.judiciary.gov.uk

 

Attracting the brightest and best migrant workers – Home Office

Posted March 1st, 2012 in employment, immigration, press releases, visas by tracey

“Tougher rules for migrant workers on temporary work visas will mean only the brightest and best can apply to settle in the UK. Immigration Minister Damian Green today announced new settlement rules that will break the link between migrants coming here to work and staying forever. The amount of time they can stay will now be capped at six years to prevent temporary work routes being abused.”

Full press release

Home Office, 29th February 2012

Source: www.homeoffice.gov.uk

Broadcasters cannot unduly discriminate between advertisers under new Ofcom rules – OUT-LAW.com

Posted March 1st, 2012 in advertising, codes of practice, media, news by tracey

“Television broadcasters are prohibited from unduly discriminating between advertisers looking to market on their service under new rules introduced by Ofcom.”

Full story

OUT-LAW.com, 29th February 2012

Source: www.out-law.com

Regulators may not be able to enforce data protection regime outside of EU, ICO says – OUT-LAW.com

Posted March 1st, 2012 in data protection, EC law, enforcement, news by tracey

“Regulators will not be able to hold companies based outside the EU accountable to proposed new data protection laws unless current enforcement mechanisms are changed, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 29th February 2012

Source: www.out-law.com

No solicitors make the silk round – Law Society’s Gazette

Posted March 1st, 2012 in diversity, legal profession, news, queen's counsel, solicitors by tracey

“Not a single solicitor was among the 88 new Queen’s Counsel appointments announced today. Of the 214 applicants, only two came from solicitor advocates; neither was successful. Since 2008, six solicitors have been made QC. Last year two out of the five who applied were successful, while in the previous competition one from the 10 who applied succeeded. Dame Joan Higgins, chair of the QC selection panel, said: ‘The panel is concerned that there appears to be considerable hesitancy on the part of solicitor advocates to apply for silk, even where they may be well qualified to do so.’”

Full story

Law Society’s Gazette, 29th February 2012

Source: www.lawgazette.co.uk

Government announces legal aid concessions – Law Society’s Gazette

Posted March 1st, 2012 in bills, domestic violence, legal aid, negligence, news by tracey

“The government has made two key concessions demanded by opponents of the Legal Aid, Sentencing and Punishment of Offenders bill, days before the legislation enters report stage in the House of Lords.”

Full story

Law Society’s Gazette, 29th February 2012

Source: www.lawgazette.co.uk