23/05/2012 – Current Awareness

BAILII: Recent Decisions

Posted May 23rd, 2012 in law reports by sally

Supreme Court

Lukaszewski v The District Court in Torun, Poland [2012] UKSC 20 (23 May 2012)

NJDB v JEG & Anor (Scotland) [2012] UKSC 21 (23 May 2012)

Test Claimants in the Franked Investment Income Group Litigation v Inland Revenue [2012] UKSC 19 (23 May 2012)

Court of Appeal (Criminal Division)

Channer & Anor, Re [2012] EWCA Crim 1119 (23 May 2012)

Sule v R [2012] EWCA Crim 1130 (23 May 2012)

Court of Appeal (Civil Division)

Eastenders Cash & Carry Plc & Anor v HM Revenue & Customs [2012] EWCA Civ 689 (22 May 2012)

High Court (Chancery Division)

Bradbury v British Broadcasting Corporation [2012] EWHC 1369 (Ch) (23 May 2012)

High Court (Technology and Construction Court)

Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 1375 (TCC) (23 May 2012)

Source: www.bailii.org

Why no public appointment hearings for UK’s new European Court of Human Rights judge? – UK Human Rights Blog

Posted May 23rd, 2012 in courts, human rights, judges, news by sally

“The Guardian reported yesterday that ‘MPs aiming to claw back powers from Europe have secretly interviewed candidates to become Britain’s next judge at the European court of human rights’. Oliver Heald MP said that a group of MPs from the three main political parties met the 3 candidates, Raquel Agnello QC, Paul Mahoney and Ben Emmerson QC. The aim is ‘to improve democratic accountability’.”

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com

Wikileaks: UK Supreme Court to decide on Julian Assange – BBC News

Posted May 23rd, 2012 in extradition, news, sexual offences, Supreme Court by sally

“A decision on whether Wikileaks founder Julian Assange should be extradited to Sweden will be given next Wednesday, the UK Supreme Court has said.”

BBC News, 23rd May 2012

Source: www.bbc.co.uk

Pair jailed for rape of Luton schoolgirl have their sentences doubled – BBC News

Posted May 23rd, 2012 in child abuse, news, rape, sentencing, sexual offences by sally

“Two men who raped an 11-year-old girl in Luton have had their ‘unduly lenient’ sentences more than doubled.”

BBC News, 23rd May 2012

Source: www.bbc.co.uk

Improving Judicial Diversity – Speech by Lord Justice Goldring, Senior Presiding Judge

Posted May 23rd, 2012 in diversity, judiciary, speeches by sally

Improving Judicial Diversity (PDF)

Speech by Lord Justice Goldring, Senior Presiding Judge

Westminster Legal Policy Forum, 23rd May 2012

Source: www.judiciary.gov.uk

Mediation a success in civil justice system – Ministry of Justice

Posted May 23rd, 2012 in civil justice, costs, dispute resolution, news by sally

“Bill Wood, who is the acting Chair of the Civil Mediation Council, talks about the success of mediation in the civil justice system.”

Ministry of Justice, 23rd May 2012

Source: www.justice.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 23rd, 2012 in legislation by sally

The Income Tax (Limits for Enterprise Management Incentives) Order 2012

The Income Tax (Entertainers and Sportsmen) (Amendment) Regulations 2012

The Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012

The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012

The Misuse of Drugs (Designation) (Amendment No.2) (England, Wales and Scotland) Order 2012

The Misuse of Drugs (Amendment No.3) (England, Wales and Scotland) Regulations 2012

The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.3) Regulations 2012

Source: www.legislation.gov.uk

European Court of Human Rights retreats but doesn’t surrender on prisoner votes – UK Human Rights

Posted May 23rd, 2012 in elections, human rights, news, prisons, rule of law by sally

“The Grand Chamber of the European Court of Human Rights has ruled that states must allow for at least some prisoners to vote, but that states have a wide discretion as to deciding which prisoners. This amounts to a retreat on prisoner votes, but certainly no surrender. As I predicted, the court reaffirmed the principles set out in Hirst No. 2, that an automatic and indiscriminate bans breach the European Convention on Human Rights, but also reaffirmed that it was up to states to decide how to remove those indiscriminate bans.”

UK Human Rights Blog, 22nd May 2012

Source: www.ukhumanrightsblog.com

Addicts to lose benefits if they refuse treatment – Daily Telegraph

Posted May 23rd, 2012 in alcohol abuse, benefits, drug abuse, medical treatment, news by sally

“Alcoholics and drug addicts will lose their benefits if they refuse to accept treatment, under plans to be announced today.”

Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Prisoners must be given right to vote, European court rules – The Guardian

Posted May 23rd, 2012 in elections, human rights, news, prisons, rule of law by sally

“Prisoners in the UK must be given the right to vote, the European court of human rights (ECHR) has ruled, though ministers may determine which inmates should be enfranchised.”

The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Don’t rely on human rights in a dismissal claim – UK Human Rights Blog

Posted May 23rd, 2012 in appeals, doctors, hospitals, human rights, news, unfair dismissal by sally

“For a government much divided about rights of employees and the Beecroft Report that proposes curtailing them, some relief is provided by this Court of Appeal ruling, a further blow to those who have argued that Article 6 can be deployed against their employers.”

UK Human Rights Blog, 23rd May 2012

Source: www.ukhumanrightsblog.com

Robert and Vincent Tchenguiz launch bid to clear their names – The Independent

Posted May 23rd, 2012 in banking, fraud, judicial review, news by sally

“Government fraud investigators came under attack today as two property magnates arrested during an inquiry into a failed Icelandic bank launched a High Court fight to clear their names.”

The Independent, 22nd May 2012

Source: www.independent.co.uk

Jack Straw could face legal action over rendition claims within a month – Daily Telegraph

Posted May 23rd, 2012 in intelligence services, misfeasance in public office, news, rendition, torture by sally

“Lawyers for two Libyan dissidents and their families are preparing to issue legal proceedings against Jack Straw and a former spy, it was reported.”

Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Command Papers – official-documents.gov.uk

Posted May 23rd, 2012 in parliamentary papers by sally

Draft Energy Bill, Cm 8362 (PDF)

Putting Victims First: More effective responses to anti-social behaviour, Cm 8367 (PDF)

Source: www.official-documents.gov.uk

Strasbourg’s prisoner votes judgment amounts to a retreat, but no surrender – The Guardian

Posted May 23rd, 2012 in elections, human rights, news, prisons, rule of law by sally

“The government should now accept its responsibilities under the human rights convention. Any other reaction will significantly harm the rule of law.”

The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Emails detailing phone call conversations can hold confidential information that public bodies should not disclose – OUT-LAW.com

Posted May 23rd, 2012 in confidentiality, freedom of information, internet, news, telecommunications, third parties, tribunals by sally

“A local authority in London was ‘justified’ in not disclosing an email that recorded the ‘substance’ of a telephone conversation between a staff member and a third party because it would have been a breach of confidence to do so, an Information Rights Tribunal has ruled.”

OUT-LAW.com, 22nd May 2012

Source: www.out-law.com

BAILII: Recent Decisions

Posted May 23rd, 2012 in law reports by sally

Court of Appeal (Civil Division)

Hall v Harris & Ors [2012] EWCA Civ 671 (22 May 2012)

Ryanair Holdings Plc v The Office of Fair Trading & Anor [2012] EWCA Civ 643 (22 May 2012)

High Court (Queen’s Bench Division)

Smeaton v Equifax Plc [2012] EWHC 2088 (QB) (11 May 2012)

High Court (Chancery Division)

Aerostar Maintenance International Ltd & Anor v Wilson & Ors [2012] EWHC 1353 (Ch) (04 May 2012)

High Court (Administrative Court)

Horne & Ors, R (on the application of) v The Central Criminal Court [2012] EWHC 1350 (Admin) (22 May 2012)

AS (Lebanon), R (on the application of) v Secretary of State for the Home Department & Anor [2012] EWHC 1349 (Admin) (22 May 2012)

High Court (Family Division)

JS (a minor), Re [2012] EWHC 1370 (Fam) (29 March 2012)

Source: www.bailii.org

Ben Emmerson QC: abuse of human rights policies increases terrorism – The Guardian

Posted May 23rd, 2012 in barristers, human rights, news, terrorism by sally

“The favourite to be UK’s next judge at the European Court of Human Rights says security alone won’t defeat terrorists.”

The Guardian, 22nd May 2012

Source: www.guardian.co.uk

Serious criminals cannot hide behind EU deportation rules, judges conclude – Daily Telegraph

Posted May 23rd, 2012 in crime, deportation, EC law, freedom of movement, news by sally

“Serious criminals cannot avoid deportation by hiding behind EU rules on free movement, judges concluded yesterday.”

Daily Telegraph, 23rd May 2012

Source: www.telegraph.co.uk

Badger baiter sentenced to 23 weeks – The Independent

Posted May 23rd, 2012 in animal cruelty, news, sentencing, video recordings by sally

“A man who urged his dog to attack and kill badgers kept footage of the brutal fights on his phone, a court heard today.”

The Independent, 22nd May 2012

Source: www.independent.co.uk

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