Month: April 2012

UK vs. Strasbourg: don’t believe the hype – UK Human Rights Blog

Posted April 20th, 2012 in human rights, news, statistics by sally

“The Abu Qatada deadline debacle has once again thrust the European Court of Human Rights – and in particular, its relationship with the UK – into unwanted controversy just as European representatives gathered in Brighton to debate the Court’s future. This new fracas over the deportation of Abu Qatada has acted as a lightning rod for well-rehearsed criticisms of the Strasbourg Court – that it is a ‘meddling pseudo-judiciary’ and the enforcer of a villains’ charter.”

Full story

UK Human Rights Blog, 20th April 2012

Source: www.ukhumanrightsblog.com

Commission publishes research on European Court of Human Rights judgments relating to UK government – Equality and Human Rights Commission

Posted April 20th, 2012 in human rights, news, statistics by sally

“Research released by the Commission at this week’s Brighton conference on the European Court of Human Rights, shows that just a tiny minority of rulings by the Strasbourg Court are against the UK government.”

Full story

Equality and Human Rights Commission, 19th April 2012

Source: www.equalityhumanrights.com

Related link: The UK and the European Court of Human Rights (PDF)

Our criminal review body has led to dozens of convictions quashed – The Guardian

Posted April 20th, 2012 in Criminal Cases Review Commission, miscarriage of justice, news by sally

“The Home Office had abjectly failed victims of miscarriage. The CCRC is putting that right.”

Full story

The Guardian, 19th April 2012

Source: www.guardian.co.uk

On camera – what impact will televised court proceedings have on justice? – Legal Week

Posted April 20th, 2012 in courts, media, news, reporting restrictions by sally

“Television cameras were yesterday allowed to record the sentencing of David Gilroy in the High Court in Edinburgh. This is the first time that sentencing in a UK court has been filmed for broadcast the same day – normally proceedings in Scotland are only occasionally filmed for documentaries to be broadcast weeks or months later and are heavily edited by lawyers involved in the case. Filming in most English courts has been banned since 1925.”

Full story

Legal Week, 19th April 2012

Source: www.legalweek.com

Landmark ruling for drivers over council spy cars – Daily Telegraph

Posted April 20th, 2012 in closed circuit television, fines, news, parking by sally

“Controversial CCTV camera cars that can automatically issue parking fines should not be used if a traffic warden can carry out checks on foot, a tribunal has ruled.”

Full story

Daily Telegraph, 19th April 2012

Source: www.telegraph.co.uk

OFT warns over ‘misleading’ business names – BBC News

Posted April 20th, 2012 in consumer protection, news, trade names by sally

“A regulator has warned businesses to avoid using ‘misleading or undesirable’ trading names.”

Full story

BBC News, 20th April 2012

Source: www.bbc.co.uk

Couple cleared of their baby’s murder call for inquiry – The Guardian

Posted April 20th, 2012 in child abuse, hospitals, murder, news by sally

“A young couple cleared of murdering their baby son have called for an inquiry into two hospitals responsible for his care.”

Full story

The Guardian, 20th April 2012

Source: www.guardian.co.uk

Solicitor advocates dragging standards down, says BSB research – Law Society’s Gazette

Posted April 19th, 2012 in advocacy, news, solicitor advocates, standards by tracey

“Low rates for criminal legal aid and the growing share of work taken by solicitor advocates are contributing to a decline in advocacy standards that is harming the administration of justice, according to a survey by the Bar Standards Board. The report, Perceptions of Criminal Advocacy, showed that over three-quarters (78%) of the 762 practitioners who completed an online survey felt that standards of advocacy have declined over the past five years. However, Law Society chief executive Desmond Hudson today condemned the study as ‘deeply flawed’ and ‘self serving’.”

Full story

Law Society’s Gazette, 19th April 2012

Source: www.lawgazette.co.uk

Men jailed for life for Thusha Kamaleswaran shop shooting – BBC News

Posted April 19th, 2012 in attempted murder, attempts, firearms, grievous bodily harm, murder, news, sentencing by tracey

“Three men have been jailed for life for a shooting in a south London shop which left a five-year-old girl paralysed.”

Full story

BBC News, 19th April 2012

Source: www.bbc.co.uk

Legal bid over Royal Brompton Hospital heart unit lost – BBC News

Posted April 19th, 2012 in appeals, consultations, hospitals, news by tracey

“A consultation that led to the proposed closure of a paediatric heart unit at a west London hospital was lawful, the Court of Appeal has ruled.”

Full story

BBC News, 19th April 2012

Source: www.bbc.co.uk

HomeServe fined £750,000 over silent calls – The Guardian

Posted April 19th, 2012 in consumer protection, fines, insurance, news, telecommunications by tracey

“Home insurance and repairs company HomeServe has been fined £750,000 by the telecoms regulator for making an excessive number of silent and abandoned calls.”

Full story

The Guardian, 19th April 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 19th, 2012 in law reports by tracey

High Court (Chancery Division)

Olympic Delivery Authority v Persons Unknown [2012] EWHC 1012 (Ch) (04 April 2012)

High Court (Patents Court)

Wagner International AG & Ors v Earlex Ltd [2012] EWHC 984 (Pat) (18 April 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 19th, 2012 in legislation by tracey

The Postal Services Act 2011 (Commencement No. 3 and Saving Provisions) Order 2012

Source: www.legislation.gov.uk

Perceptions of criminal advocacy report – Bar Standards Board

Posted April 19th, 2012 in advocacy, reports, solicitor advocates, standards by tracey

“We commissioned ORC International to conduct research into the frequency with which underperformance is encountered in the criminal courts.”

Full report

Bar Standards Board, 18th April 2012

Source: www.barstandardsboard.org.uk

Abu Qatada and the law of time – Carl Gardner – UK Human Rights Blog

Posted April 19th, 2012 in courts, human rights, news, time limits by tracey

“The BBC reported yesterday that there’s ‘doubt’ about the deportation of Abu Qatada, following his arrest on Tuesday and now his appeal to the European Court of Human Rights – which the Home Secretary Theresa May says is out of time. So: is she right? Is the appeal out of time? How has the Home Office got into this apparent mess? And what if any difference does this appeal make?”

Full story

UK Human Rights Blog, 19th April 2012

Source: www.ukhumanrightsblog.com

Activists given High Court go ahead to pursue HMRC over alleged ‘sweetheart’ deals – OUT-LAW.com

Posted April 19th, 2012 in HM Revenue & Customs, judicial review, news, taxation by tracey

“A group of activists is to raise a preliminary challenge to an alleged ‘sweetheart’ tax settlement between HM Revenue and Customs (HMRC) and investment bank Goldman Sachs, according to a national newspaper.”

Full story

OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Basingstoke loses Core Strategy and SHLAA High Court claim – OUT-LAW.com

Posted April 19th, 2012 in local government, news, planning by tracey

“The High Court has ruled that Basingstoke and Dean Borough Council was wrong to exclude 809 hectares of land from its potential housing allocation sites in its emerging Core Strategy.”

Full story

OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Breivik – insanity as a defence – Halsbury’s Law Exchange

Posted April 19th, 2012 in criminal responsibility, defences, insanity, news by tracey

“Anders Behring Breivik knew what he was doing, and he knew it was wrong. Claiming insanity is not enough to protect a person from the consequences of his own evil acts. Alternatively, he must be mad. His killing spree was so shocking and so utterly at odds with normality as to be sufficient evidence of insanity in its own right. Res ipsa loquitur. And there you have it – the whole point of the argument about ‘criminal insanity’, which has been running for centuries.”

Full story

Halsbury’s Law Exchange, 18th April 2012

Source: www.halsburyslawexchange.co.uk

Involving the Family Court Advisor in Pre-proceedings Practice – Initial lessons from the Coventry and Warwickshire pilot – Family Law Week

Posted April 19th, 2012 in family courts, news, pilot schemes by tracey

“Dr Karen Broadhurst of Lancaster University and Kim Holt of Bradford university describe the pilot study carried out into the involvement of children’s guardians prior to the issue of proceedings.”

Full story

Family Law Week, 17th April 2012

Source: www.familylawweek.co.uk

Student demonstration jury fails to reach verdict in violent disorder case – The Guardian

Posted April 19th, 2012 in demonstrations, news, retrials, violent disorder by tracey

“Jurors failed to reach a verdict on Wednesday on whether a student who suffered a brain injury at a university fees demonstration was guilty of violent disorder.”

Full story

The Guardian, 18th April 2012

Source: www.guardian.co.uk