Charlotte Church article in People could be defamatory, judge rules – The Guardian

Posted March 28th, 2012 in defamation, media, news by sally

“An article in the People newspaper claiming Charlotte Church had drunkenly proposed to her boyfriend at a pub karaoke night could be seen as defamatory because she was a ‘star’, a high court judge has ruled.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

What can and can’t you say on Twitter? – BBC News

“A student who made racially offensive comments about footballer Fabrice Muamba on Twitter has been jailed for 56 days – the latest case where a comment made on social media has landed someone in court.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Legal high drug ‘mexxy’ banned under new government powers – The Guardian

Posted March 28th, 2012 in drug offences, news, stop and search by sally

“A so-called legal high used as an alternative to ketamine will be the first drug to be banned under new government powers, the Home Office has said.”

Full story

The Guardian, 28th March 2012

Source: www.guardian.co.uk

Health and Social Care Act 2012 – legislation.gov.uk

Posted March 28th, 2012 in health, legislation, social services by sally

Health and Social Care Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 28th, 2012 in legislation by sally

The Iran (European Union Financial Sanctions) Regulations 2012

The Energy Act 2011 (Commencement No 1 and Saving) Order 2012

The Financial Services (Omnibus 1 Directive) Regulations 2012

The National Health Service Trust Development Authority Regulations 2012

The Care Quality Commission (Registration) and (Additional Functions) and Health and Social Care Act 2008 (Regulated Activities) (Amendment) Regulations 2012

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2012

The National Health Service Trust Development Authority (Establishment and Constitution) Order 2012

The Export Control (Amendment) Order 2012

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2012

Source: www.legislation.gov.uk

SRA confirms debut trio of licensed alternative business structures – Legal Week

“The first three alternative business structures (ABS) to be licensed by the Solicitors Regulation Authority (SRA) have been confirmed today (March 28), as the reforms ushered in by the Legal Services Act continue to gather pace.”

Full story

Legal Week, 28th March 2012

Source: www.legalweek.com

Command Papers – official-documents.gov.uk

Posted March 28th, 2012 in parliamentary papers by sally

Government responses on the Sixty Second to the Sixty Seventh Reports from the Committee of Public Accounts Session 2010-12, Cm 8335 (PDF)

Government response to the Communities and Local Government Select Committee Report: National Planning Policy Framework, Cm 8322 (PDF)

Universal Credit: the impact on passported benefits Report by the Social Security Advisory Committee and response by the Secretary of State for Work and Pensions, Cm 8332 (PDF)

Punishment and Reform: Effective Probation Services, Cm 8333 (PDF)

Punishment and Reform: Effective Community Sentences, Cm 8334 (PDF)

Source: www.official-documents.gov.uk

Press regulation on a sinking ship – UK Human Rights Blog

Posted March 28th, 2012 in defamation, freedom of expression, human rights, media, news by sally

“It was coincidental that this cricket libel case and Lady Justice Arden’s speech on media intrusion and human rights ‘Striking the Balance’ came out on the same day.”

Full story

UK Human Rights Blog, 28th March 2012

Source: www.ukhumanrightsblog.com

Reoffending may rise under Ken Clarke’s plans – The Independent

Posted March 28th, 2012 in community service, electronic monitoring, news, recidivists by sally

“Kenneth Clarke’s plans to toughen up community orders by tracking offenders with high-tech ankle tags and ensuring every sentence is a punishment could increase reoffending, the Government’s own impact assessment showed today.”

Full story

The Independent, 27th March 2012

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted March 28th, 2012 in law reports by sally

Court of Appeal (Civil Division)

King, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 376 (27 March 2012)

High Court (Queen’s Bench Division)

Cairns v Modi [2012] EWHC B1 (QB) (26 March 2012)

Compass Group UK and Ireland Ltd (t/a Medirest) v Mid Essex Hospital Services NHS Trust [2012] EWHC 781 (QB) (28 March 2012)

High Court (Chancery Division)

SMP Trustees Ltd, Re [2012] EWHC 772 (Ch) (27 March 2012)

High Court (Family Division)

A, Re (Disclosure of Third Party Information) [2012] EWHC 180 (Fam) (16 February 2012)

High Court (Administrative Court)

Allman v Coroner for West Sussex [2012] EWHC 534 (Admin) (09 March 2012)

Walker v Parliamentary and Health Service Ombudsman [2012] EWHC 535 (Admin) (09 March 2012)

Secretary of State for the Home Department v BM [2012] EWHC 714 (Admin) (27 March 2012)

Hampshire Constabulary v Police Appeals Tribunal [2012] EWHC 746 (Admin) (27 March 2012)

Drinkwater, R (on the application of) v Solihull Magistrates Court [2012] EWHC 765 (Admin) (27 March 2012)

High Court (Commercial Court)

JSC BTA Bank v Ablyazov & Ors [2012] EWHC 783 (Comm) (16 March 2012)

JSC BTA Bank v Ablyazov [2012] EWHC 648 (Comm) (08 March 2012)

High Court (Technology and Construction Court)

M3 Property Ltd v Zedhomes Ltd [2012] EWHC 780 (TCC) (26 March 2012)

Source: www.bailii.org

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2012] EWHC 694 (Comm) QB; [2012] WLR (D) 98

“Article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road, set out in the Schedule to the Carriage of Goods by Road Act 1965, restricted the courts where an action could be brought against a defendant, and the fact that the English court had jurisdiction under article 31.1 to entertain an action against one of a series of carriers of the same goods did not enable successive carriers of those goods, in respect of whom the court did not otherwise have jurisdiction under article 31.1, to be joined in the same proceedings.”

WLR Daily, 23rd March 2012

Source: www.iclr.co.uk

Woodcock v Cumbria Primary Care Trust – WLR Daily

Posted March 28th, 2012 in age discrimination, dismissal, employment, law reports, redundancy, retirement by sally

Woodcock v Cumbria Primary Care Trust [2012] EWCA Civ 330; [2012] WLR (D) 97

“For the purposes of a claim for age discrimination under regulation 3 of the Employment Equality (Age) Regulations 2006, where an employer gave notice of dismissal to an employee on the grounds of redundancy, it was a legitimate part of the aim of the employer in giving that notice to ensure that when giving effect to it, the dismissal also saved the employer additional costs that, had it not timed the dismissal as it did, it was likely to have incurred by reason of the employee’s age.”

WLR Daily, 22nd March 2012

Source: www.iclr.co.uk

Smith v Butler – WLR Daily

Posted March 28th, 2012 in company directors, law reports by sally

Smith v Butler [2012] EWCA Civ 314; [2012] WLR (D) 96

“Where the terms of a managing director’s appointment to a company made no provision for the express delegation of any specific powers by the board of the company to him, although there might be an intention to implicitly delegate some powers to him, such delegation would not usually have the effect of excluding the powers of the board and the managing director had no implied power to suspend the company chairman or exclude him from the company’s premises. The implied powers of a managing director could include a power to commence legal proceedings, unless the board expressly or by implication decided that such proceedings ought not to be taken or was unlikely to ratify the commencement of proceedings.”

WLR Daily, 15th March 2012

Source: www.iclr.co.uk

Police manhandled autistic boy at swimming pool – UK Human Rights Blog

“The Mental Capacity Act 2005 (MCA) was long awaited; it took nearly two decades for the Law Commission’s proposals for codification of the common law on mental capacity to make their way onto the statute books. The MCA is generally considered to be quite progressive and I often hear it described as ‘empowering’ and granting people ‘rights to autonomy’.”

Full story

UK Human Rights Blog, 28th March 2012

Source: www.ukhumanrightsblog.com

Asbestos: court ruling opens way for insurance claims – BBC News

Posted March 28th, 2012 in asbestos, cancer, compensation, health & safety, insurance, news, Supreme Court, victims by sally

“The UK Supreme Court has made a ruling which could allow thousands of insurance claims by families of people who died after exposure to asbestos.”

Full story

BBC News, 28th March 2012

Source: www.bbc.co.uk

Court staff forced to rely on Google Translate – Daily Telegraph

Posted March 28th, 2012 in courts, internet, interpreters, news by sally

“Court staff and lawyers have been forced to use Google Translate to communicate with non-English speaking defendants because of problems with the new interpreter service, it has been claimed.”

Full story

Daily Telegraph, 27th March 2012

Source: www.telegraph.co.uk

OFT’s ‘adversarial’ approach meant witness documents do not have to be disclosed, CAT rules – OUT-LAW.com

Posted March 28th, 2012 in competition, disclosure, news, privilege, tribunals, witnesses by sally

“A supermarket does not have to hand over notes from discussions with witnesses to the Office of Fair Trading as part of an ongoing legal dispute because the information was protected by ‘litigation privilege’, the Competition Appeal Tribunal (CAT) has ruled.”

Full story

OUT-LAW.com, 27th March 2012

Source: www.out-law.com

Djanogly: UK consumers benefiting from solicitors’ big bang – Ministry of Justice

Posted March 28th, 2012 in alternative business structures, competition, news, solicitors by sally

“Consumers in England and Wales will find solicitors more competitive, more efficient and easier to access as new High Street providers are announced today.”

Full story

Ministry of Justice, 28th March 2012

Source: www.justice.gov.uk

Terror suspect loses court ruling – The Independent

“A terrorist suspect referred to as ‘BM’ has lost his legal challenge against a terrorism prevention measure imposed on him under new Government legislation to stop him travelling to Pakistan.”

Full story

The Independent, 27th March 2012

Source: www.independent.co.uk

Reforming The Civil Justice System – The Role of IT – Speech by Lord Justice Jackson

Posted March 28th, 2012 in civil justice, costs, judiciary, speeches by sally

Reforming The Civil Justice System – The Role of IT (PDF)

Speech by by Lord Justice Jackson

Society for Computers and Law, 26th March 2012

Source: www.judiciary.gov.uk