Secret civil court hearings ‘would put government above the law’ – The Guardian

Posted March 6th, 2012 in civil justice, closed material, news, private hearings, terrorism by sally

“Extending secret hearings into civil courts will undermine effective scrutiny of government operations in the ‘war on terror’, according to prominent civil liberties activists and lawyers.”

Full story

The Guardian, 6th March 2012


Bigger than ABSs? The high-stakes review of legal education – Legal Week

Posted March 6th, 2012 in legal education, news by sally

“While alternative business structures are gaining all the headlines right now, something perhaps even more fundamental is going on this year: the Legal Education and Training Review (LETR). Many know it’s happening, but I suspect few quite understand how radically it could reshape the foundation of becoming a lawyer.”

Full story

Legal Week, 6th March 2012


Lawyers beware: your clients are rebelling – The Guardian

Posted March 6th, 2012 in fees, legal ombudsman, legal representation, legal services, news by sally

“For too long, lawyers have got away with arcane pricing and billing practices. Those who don’t change their ways will pay for it.”

Full story

The Guardian, 6th March 2012


Recent Statutory Instruments –

Posted March 6th, 2012 in legislation by sally

The Planning Act 2008 (Commencement No. 2) (England) Order 2012

The National Health Service Pension Scheme and Injury Benefits (Amendment) Regulations 2012

The Syria (European Union Financial Sanctions) (Amendment) Regulations 2012

The Civil Courts (Amendment) Order 2012

The Environmental Permitting (England and Wales) (Amendment) Regulations 2012

The Control of Asbestos Regulations 2012

The Education (Induction Arrangements for School Teachers) (England) (Amendment) Regulations 2012

The Non-Domestic Rating (Cancellation of Backdated Liabilities) Regulations 2012

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2012

The Education (Teacher Student Loans) (Repayment etc) (Amendment) Regulations 2012

The Town and Country Planning (Tree Preservation)(England) Regulations 2012

The Teachers’ Disciplinary (England) Regulations 2012


BAILII: Recent Decisions

Posted March 6th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Blackwood, R v [2012] EWCA Crim 390 (05 March 2012)

Court of Appeal (Civil Division)

British Telecommunications Plc , R (on the application of) v BPI (British Recorded Music Industry) Ltd & Ors [2012] EWCA Civ 232 (06 March 2012)

High Court (Queen’s Bench Division)

Abertawe Bro Morgannwg University Local Health Board v Iorashi [2012] EWHC 448 (QB) (05 March 2012)

KC v MGN Ltd [2012] EWHC 483 (QB) (05 March 2012)

WXY v Gewanter & Ors [2012] EWHC 496 (QB) (06 March 2012)

High Court (Administrative Court)

Lawrence v The General Medical Council [2012] EWHC 464 (Admin) (02 March 2012)

Reeves (Listing Officer) v Northrop [2012] EWHC 415 (Admin) (06 March 2012)

High Court (Family Division)

Fisher Meredith LLP v JH & Anor (Rev 2) [2012] EWHC 408 (Fam) (02 March 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 455 (Comm) (29 February 2012)


Amending Suspended Sentence Orders: Have we been getting it wrong all this time? – Zenith Chambers

Posted March 6th, 2012 in amendments, illegality, news, sentencing, suspended sentences by sally

“The Suspended Sentence Order created by the Criminal Justice Act 2003 has had a relatively straightforward existence, particularly in comparison to some of the other provisions of that much criticised Act.”

Full story (PDF)

Zenith Chambers, 27th February 2012


Government department must disclose data from private email correspondence, ICO rules –

“The Department for Education (DfE) must disclose information sent from a private email address belonging to the Education Secretary unless there is a legitimate reason to refuse doing so, the Information Commissioner’s Office (ICO) has said.”

Full story, 6th March 2012


BT and Talk Talk lose file-sharing appeal – BBC News

Posted March 6th, 2012 in appeals, copyright, EC law, internet, news by sally

“BT and Talk Talk have lost an appeal over controversial measures to tackle copyright infringement online.”

Full story

BBC News, 6th March 2012


Human Rights Review 2012 – Equality and Human Rights Commission

Posted March 6th, 2012 in elderly, human rights, news, reports, victims by sally

“The Commission today publishes a landmark review of how well public authorities deliver human rights protection and promotion in England and Wales. It is the second report in the ‘How Fair is Britain?’ series.”

Full story

Equality and Human Rights Commission, 5th March 2012


Related link: Human Rights Review 2012

DPP issues guidance to prosecutors in public protest cases – Crown Prosecution Service

“Keir Starmer QC, the Director of Public Prosecutions (DPP), has today issued Crown Prosecution Service prosecutors with new guidance on dealing with people who may have committed an offence during a protest or demonstration.”

Full story

Crown Prosecution Service, 6th March 2012


Google not a ‘publisher’ of Blogger postings, High Court rules –

Posted March 6th, 2012 in defamation, internet, news, publishing by sally

“Google was not responsible for allegedly defamatory comments posted on its blogging platform because it could not be said to be a publisher of the information, the High Court has ruled.”

Full story, 5th March 2012


Who should have the final word on human rights? – Dr Ed Bates – UK Human Rights Blog

Posted March 6th, 2012 in admissibility, constitutional reform, courts, human rights, news by sally

“Much of the criticism directed toward the European Court of Human Rights over the last year or so, in this country at least, has been that it is too ready to overrule decisions made by the competent United Kingdom national authorities. It is said that British courts have already addressed the relevant human rights arguments under the Human Rights Act, so it is quite wrong that Strasbourg should now ‘overrule’ them.”

Full story

UK Human Rights Blog, 6th March 2012


Employment tribunals: Government considers overhaul – BBC News

Posted March 6th, 2012 in costs, employment tribunals, fees, news by sally

“It is a typical day of employment tribunal hearings – but the rules are set to change as the government considers an overhaul of proceedings in these courts.”

Full story

BBC News, 5th March 2012


Clarke attempts to quell concerns over secret court hearings – The Independent

Posted March 6th, 2012 in closed material, news, private hearings by sally

“Kenneth Clarke has attempted to quell growing concerns over proposals to hold more court hearings in secret by saying the measure will only apply to a ‘tiny’ number of civil cases in ‘very limited circumstances’.”

Full story

The Independent, 6th March 2012


Antitrust and Regulatory Risks in the Energy Sector – Thirty Nine Essex Street

Posted March 6th, 2012 in competition, EC law, electricity, energy, news, regulations by sally

“A review of EU action over time in creating a competitive, internal market in gas and electricity.”

Full story (PDF)

Thirty Nine Essex Street, 25th January 2012


Fail to Mediate at your Peril – Hardwicke Chambers

Posted March 6th, 2012 in arbitration, costs, news, part 36 offers by sally

“Those of us who act as mediators in property matters have been conscious for some time of the particular suitability of mediation as a forum in which to resolve disputes over property rights. The flexibility and breadth of the mediation process enable the parties to look beyond the strict legal principles with which a Court would be concerned and to identify and address as well the more esoteric and human issues which often lie just beneath the surface in cases involving land.”

Full story

Hardwicke Chambers, 2nd March 2012


Failing admitted over Zuzanna Zommer sex murder – BBC News

Posted March 6th, 2012 in murder, news, police, recidivists, reports by sally

“A serious case review into the murder of a Polish teenager in Leeds by a violent sex offender says police and public protection agencies failed to act effectively.”

Full story

BBC News, 6th March 2012


Court of Protection update – Thirty Nine Essex Street

Posted March 6th, 2012 in Court of Protection, news by sally

Court of Protection update (PDF)

Thirty Nine Essex Street, March 2012


Canwell Estate Co Ltd v Smith Brothers Farms Ltd – WLR Daily

Posted March 6th, 2012 in appeals, law reports, rent, restrictive covenants by sally

Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59

“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”

WLR Daily, 2nd March 2012


O’Brien v Ministry of Justice – WLR Daily

O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58

“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”

WLR Daily, 1st March 2012