Protection of Freedoms Act comes into force and lays out new laws on DNA retention and surveillance cameras – OUT-LAW.com

Posted May 3rd, 2012 in closed circuit television, DNA, fingerprints, legislation, news by sally

“A new code of practice on public surveillance using CCTV systems and automatic number plate recognition (ANPR) technology will be introduced by new laws recently enacted.”

Full story

OUT-LAW.com, 3rd May 2012

Source: www.out-law.com

Plea bargaining: eBay justice – Halsbury’s Law Exchange

Posted May 3rd, 2012 in bribery, corruption, criminal justice, news, plea bargaining by sally

“In 2009, Zoe Pemberton, then aged ten, put her grandmother up for auction on eBay ostensibly as a joke. As part of the description she described her grandmother as ‘annoying and moaning a lot’. She also said that she was ‘cuddly’ and ‘likes word searches’. The public bid up to £20,000 until the lot was taken down. If you believe that our criminal justice system is the grandma of every common law system of the world then it seems that she is about to be auctioned off. News is that the Government intends to consult on a new plea bargaining system after big business suggested that the UK should copy the US. At the same time, amongst lawyers and commentators, opinion of the US plea bargaining system is at an all time low.”

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Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk

Protester barred from all Jubilee and Games events – BBC News

Posted May 3rd, 2012 in ASBOs, news, public order, sport by sally

“A man barred from protesting at the site of an Olympic basketball training facility has been ordered by a court to stay away from all Games venues.”

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BBC News, 3rd May 2012

Source: www.bbc.co.uk

Strasbourg judges have got it wrong in case of man’s mistreatment in custody – The Guardian

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“Judgment in MS v UK from European court leaves publicly funded authorities threatened with litigation from all sides.”

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The Guardian, 3rd May 2012

Source: www.guardian.co.uk

Mentally ill man’s detention in police cell breached his human rights – Daily Telegraph

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“A violent mentally ill man who was kept in a police cell for more than three days without medical treatment suffered ‘inhuman or degrading treatment’, European human rights judges have ruled.”

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Daily Telegraph, 3rd May 2012

Source: www.telegraph.co.uk

The ECHR and democratic legitimacy – Halsbury’s Law Exchange

Posted May 3rd, 2012 in courts, human rights, news, treaties by sally

“Two interesting articles on the UK Human Rights Blog recently raised once again the question of the legitimacy of the European Court of Human Rights (ECHR).”

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Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk

Judges allow Parliament Square tent removal – The Independent

Posted May 3rd, 2012 in demonstrations, injunctions, local government, London, news by sally

“The High Court has lifted an injunction preventing the removal of the last anti-war protest tent near the Houses of Parliament.”

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The Independent, 3rd May 2012

Source: www.independent.co.uk

Legal aid bill is law – the fight back starts now – The Guardian

Posted May 3rd, 2012 in law centres, legal aid, legislation, news, sentencing by sally

“Now the legal aid bill is law, how do we preserve access to justice?”

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The Guardian, 3rd May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 3rd, 2012 in law reports by sally

Supreme Court

Petroleo Brasileiro SA v ENE Kos 1 Ltd [2012] UKSC 17 (2 May 2012)

Court of Appeal (Civil Division)

OB v The Director of the Serious Fraud Office [2012] EWCA Civ 501 (02 May 2012)

ConvaTec Ltd & Ors v Smith & Nephew Healthcare Ltd & Ors [2012] EWCA Civ 520 (02 May 2012)

Kizhakudan v Secretary of State for Home Department [2012] EWCA Civ 566 (02 May 2012)

Birmingham City Council v Akhtar & Ors [2012] EWCA Civ 585 (02 May 2012)

High Court (Queen’s Bench Division)

Qema v News Group Newspapers Ltd [2012] EWHC 1146 (QB) (02 May 2012)

High Court (Chancery Division)

Dramatico Entertainment Ltd & Ors v British Sky Broadcasting Ltd & Ors [2012] EWHC 1152 (Ch) (02 May 2012)

Philippe & Ors v Cameron & Ors [2012] EWHC 1040 (Ch) (02 May 2012)

High Court (Family Division)

WF v HF [2012] EWHC 438 (Fam) (05 March 2012)

London Borough of Islington v Al- Alas & Anor [2012] EWHC 865 (Fam) (19 April 2012)

SJ v JJ & Anor [2012] EWHC 931 (Fam) (02 March 2012)

LSdC (A Child) , Re [2012] EWHC 983 (Fam) (24 April 2012)

High Court (Commercial Court)

Kingspan Environmental Ltd & Ors v Borealis A/s & Anor [2012] EWHC 1147 (Comm) (01 May 2012)

Source: www.bailii.org

Legal Aid, Sentencing and Punishment of Offenders Act 2012 – legislation.gov.uk

Legal Aid, Sentencing and Punishment of Offenders Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Protection of Freedoms Act 2012 – legislation.gov.uk

Protection of Freedoms Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Water Industry (Financial Assistance) Act 2012 – legislation.gov.uk

Posted May 3rd, 2012 in legislation, water companies by sally

Water Industry (Financial Assistance) Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Sunday Trading (London Olympic Games and Paralympic Games) Act 2012 – legislation.gov.uk

Posted May 3rd, 2012 in legislation, sport, Sunday trading by sally

Sunday Trading (London Olympic Games and Paralympic Games) Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Appeal court backs law firm in ‘you’re fired’ retainer row – Law Society’s Gazette

Posted May 3rd, 2012 in appeals, contracts, costs, fees, news, solicitors by sally

“Solicitors are entitled to suspend work for clients who have not paid their bill in accordance with the contractual term of business agreed, the Court of Appeal has ruled in a key case on retainers.”

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Law Society’s Gazette, 2nd May 2012

Source: www.lawgazette.co.uk

Pressing the case – Sir Stephen Sedley’s proposals for statutory media regulation – Legal Week

Posted May 3rd, 2012 in judges, media, news by sally

“The Leveson Inquiry has invited evidence and submissions from the public as well as from the core participants. Although not reported widely in the media, last October the recently retired Lord Justice of Appeal, Sir Stephen Sedley, made his own submission to the Leveson Inquiry. In this submission, Sir Stephen proposes his own model of statutory regulation of the media.”

Full story

Legal Week, 2nd May 2012

Source: www.legalweek.com

Philippe and others v Cameron and others – WLR Daily

Posted May 3rd, 2012 in charities, law reports, trusts by sally

Philippe and others v Cameron and others [2012] EWHC 1040 (Ch); [2012] WLR (D) 130

“The purpose of section 2(2) of the Charitable Trusts (Validation) Act 1954 was to prevent the Act being applied where an imperfect trust provision had already been recognised to be invalid and the invalidity acted upon.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Regina v Mian – WLR Daily

Posted May 3rd, 2012 in appeals, law reports, no case to answer, time limits by sally

Regina v Mian [2012] EWCA Crim 792; [2012] WLR (D) 129

“In the context of a prosecutor’s appeal against a ‘terminating ruling’, the statutory requirement that either an adjournment had to be sought immediately, or the decision to appeal and the acquittal agreement had to be notified to the court immediately, meant that it should be done then and there.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Regina (Berky) v Newport City Council – WLR Daily

Posted May 3rd, 2012 in appeals, delay, judicial review, law reports, local government by sally

Regina (Berky) v Newport City Council [2012] EWCA Civ 378; [2012] WLR (D) 128

“Section 31(6) of the Senior Courts Act 1981 did not give the High Court power to prevent a valid claim for judicial review based on European Union law and brought within the three-month time limit provided by CPR r 54.5(1).”

WLR Daily, 29th April 2012

Source: www.iclr.co.uk

DR v NCB – Nordisk Copyright Bureau – WLR Daily

Posted May 3rd, 2012 in copyright, EC law, law reports, third parties by sally

DR v NCB – Nordisk Copyright Bureau (Case C-510/10); [2012] WLR (D) 127

“The exception in article 5(2)(d) of and Preamble 41 to Directive 2001/29 which permitted a broadcaster to use their own facilities or ‘those of a person acting on behalf of and under the responsibility of the broadcasting organisation’ to reproduce works by way of ephemeral recordings without the author’s consent, entitled a broadcaster to use a third party to reproduce the works either if that third party acted on their behalf or if they were under the responsibility of the broadcaster.”

WLR Daily, 26th April 2012

Source: www.iclr.co.uk

Time, time, time, look what’s become of me – UK Human Rights Blog

Posted May 3rd, 2012 in courts, human rights, news, time limits by sally

“In law, time can be everything. Every lawyer will have experienced waking up in the middle of the night in a cold sweat at the realisation that a time limit has been missed. Courts often have the discretion to extend litigation time limits, such as under rule 3.1 of the Civil Procedure Rules, but simple mistakes by lawyers rarely generate sympathy from judges. Even scarier, judges sometimes do not even have the power to extend time at all, however unfair the circumstances. The idea is to encourage certainty and predictability in the legal system.”

Full story

UK Human Rights Blog, 2nd May 2012

Source: www.ukhumanrightsblog.com