Removing restrictions on national pensions scheme to boost take-up would be unlawful, Government says –

Posted June 6th, 2012 in employment, news, pensions by sally

“The Government will ‘reflect further’ on calls to remove restrictions on a new national pension scheme. However, it would be unlawful for it to do so simply to increase participation, it has warned.”

Full story, 6th June 2012


Thank god inquests are still open, but can we have some consistency please? – The Guardian

Posted June 6th, 2012 in coroners, criminal justice, inquests, judiciary, news, public interest by sally

“Thanks either to coalition politics or press pressure, proposals for ‘secret’ inquests were last week ceremoniously ditched from the justice and security bill.”

Full story

The Guardian, 6th June 2012


Command Papers –

Posted June 6th, 2012 in parliamentary papers by sally

Prisons and Probation Ombudsman for England and Wales annual report 2010-2011, Cm 8105 (PDF)


Recent Statutory Instruments –

Posted June 6th, 2012 in legislation by sally

The Adoption Agencies (Panel and Consequential Amendments) Regulations 2012

The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No. 2) Order 2012

The Health Act 2009 (Commencement No. 3) (Wales) Order 2012

The Tobacco Advertising and Promotion (Specialist Tobacconists) (Wales) Regulations 2012

The Recognised Persons (Monetary Penalties) (Determination of Turnover) (Wales) Order 2012

The Education (Recognised Bodies) (Wales) Order 2012


BAILII: Recent Decisions

Posted June 6th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Penfold v R [2012] EWCA Crim 1222 (01 June 2012)

Gilbert v R [2012] EWCA Crim 1221 (01 June 2012)

Saunders v R [2012] EWCA Crim 1185 (01 June 2012)

Sandhu v R [2012] EWCA Crim 1187 (01 June 2012)

Clark & Anor v R [2012] EWCA Crim 1220 (01 June 2012)

Court of Appeal (Civil Division)

B (A Child), Re [2012] EWCA Civ 737 (31 May 2012)

High Court (Queen’s Bench Division)

Bento v The Chief Constable of Bedfordshire Police [2012] EWHC 1525 (QB) (01 June 2012)

Essa, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWHC 1533 (QB) (01 June 2012)

CEF Holdings Ltd & Anor v City Electrical Factors Ltd & Ors [2012] EWHC 1524 (QB) (01 June 2012)

High Court (Chancery Division)

Weavering Capital (UK) Ltd & Anor v Peterson & Ors [2012] EWHC 1480 (Ch) (30 May 2012)

High Court (Family Division)

Dukali v Lamrani [2012] EWHC 1748 (Fam) (15 March 2012)

High Court (Administrative Court)

Shanks & Ors (t/a Blue Line Taxis), R (on the application of) v The Council of the County of Northumberland [2012] EWHC 1539 (Admin) (01 June 2012)

Balakoohi, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1439 (Admin) (01 June 2012)

The Law Society v Waddingham & Ors [2012] EWHC 1519 (Admin) (01 June 2012)

Siwak, R (on the application of) v London Borough of Newham [2012] EWHC 1520 (Admin) (01 June 2012)

High Court (Commercial Court)

Latvian Shipping Compay v The Russian People’s Insurance Company (Rosno) Open Ended Joint Stock Company [2012] EWHC 1412 (Comm) (01 June 2012)

High Court (Technology and Construction Court)

WW Gear Construction Ltd v McGee Group Ltd [2012] EWHC 1509 (TCC) (01 June 2012)


Sticking to our principles – The Bar Council

Posted June 6th, 2012 in fees, legal profession, Legal Services Board, news, quality assurance by sally

“Examining the LSB’s commitment to standards and to quality; the LSB decision to continue to permit referral fees; and a meeting with the new Chief Executive of the Legal Services Commission.”

Full story (PDF)

The Bar Council, June 2012


LSB report on consumer needs from legal information sources – Legal Services Board

“LSB publishes report which explores the types of information consumers need to help them address legal issues they face.”

Understanding consumer needs from legal information sources: final report (PDF)

Legal Services Board, 6th June 2012


Cathie and another v Secretary of State for Business, Innovation and Skills – WLR Daily

Cathie and another v Secretary of State for Business, Innovation and Skills [2012] EWCA Civ 739; [2012] WLR (D) 168

“In the context of determining whether to disqualify a company director for misconduct in the direction of an insolvent company the use of the expression ‘exceptional circumstances’ was better avoided. The expression ‘extenuating circumstances’ was to be preferred, because the fact finder’s task was to consider the evidence as a whole, including extenuating circumstances, and to decide whether the director had fallen below the standards of probity and competence appropriate for persons fit to be company directors.”

WLR Daily, 1st June 2012


Secret courts, drones and international law – BBC Law in Action

Posted June 6th, 2012 in closed material, international law, news, private hearings, weapons by sally

“In the first of a new series Joshua Rozenberg talks to Sir Daniel Bethlehem the former principal legal advisor at the Foreign Office. He asks him about the changing face of international law and its effect on the making of foreign policy, including the rise in litigation against the government on foreign matters. He also asks about international law and the use of drones, and the government’s Justice and Security bill and why Sir Daniel thinks the measures laid out there are necessary.”


BBC Law in Action, 5th June 2012


Cherry Tree Investments Ltd v Landmain Ltd – WLR Daily

Posted June 6th, 2012 in appeals, contracts, land registration, law reports, rectification by sally

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736; [2012] WLR (D) 170

“Where it was alleged that a registered charge included an extended power of sale which was included in a facility agreement but was not referred to in the charge, the correct approach was to bring a properly pleaded and proved claim for rectification of the charge, not to seek to apply a ‘corrective construction’ of the charge by reference to extrinsic material.”

WLR Daily, 31st May 2012


Generics (UK) Ltd v Yeda Research & Development Co Ltd and another – WLR Daily

Generics (UK) Ltd v Yeda Research & Development Co Ltd and another [2012] EWCA Civ 726; [2012] WLR (D) 169

“The principles established in Prince Jefri Bolkiah v KPMG (A firm) [1999] 2 AC 222 were not applicable to a case in which the former employer of a patent attorney now employed within a competitor organisation sought injunctive relief to restrain the current employer from acting by, or otherwise seeking assistance or advice from, the patent attorney in relation to current litigation.”

WLR Daily, 31st May 2012


Samsung Electronics (UK) Ltd v Apple Inc – WLR Daily

Posted June 6th, 2012 in EC law, law reports, stay of proceedings, trade marks by tracey

Samsung Electronics (UK) Ltd v Apple Inc: [2012] EWCA Civ 729;   [2012] WLR (D)  166

“Where the proprietor of a registered Community design, the validity of which was already in issue in proceedings before the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) or another Community design court, brought a counterclaim alleging infringement of the design against a claimant who had issued a claim in a Community design court seeking a declaration of non-infringement, the stay of proceedings required by article 91(1) of the Community Design Regulation was a stay of the counterclaim, not the claim.”

WLR Daily, 30th May 2012


Criticisms remain as dust settles on secret trials bill – UK Human Rights Blog

Posted June 6th, 2012 in bills, closed material, human rights, news, private hearings by sally

“In stark contrast to the pageantry surrounding the Royal Jubilee, here is a somewhat sombre update on the Justice and Security Bill, which was published on 28 May 2012 and is currently receiving its second reading in the House of Lords. The Bill aims to introduce Close Material Procedures, that is secret hearings, into civil trials.”

Full story

UK Human Rights Blog, 5th June 2012


Cat-swinging case thrown out – The Independent

Posted June 6th, 2012 in animal cruelty, news, no case to answer by sally

“The case against a man accused of swinging a cat by its tail in the street was thrown out of court today because of a lack of evidence.”

Full story

The Independent, 1st June 2012


Gangmasters caught running illegal labour teams escape prosecution – Daily Telegraph

Posted June 6th, 2012 in gangmasters, human rights, licensing, news, quangos by sally

“Hundreds of gangmasters caught running illegal migrant labour squads are avoiding prosecution, it can be revealed.”

Full story

Daily Telegraph, 6th June 2012


Details of innocent people are still being held on DNA database – The Independent

Posted June 6th, 2012 in data protection, DNA, human rights, news by sally

“The Government is failing to delete innocent people from Britain’s vast DNA database, according to figures released today which shows that nearly 70,000 under-16s have now had their genetic fingerprints recorded.”

Full story

The Independent, 5th June 2012


Let victims of crime track case online, says thinktank – The Guardian

Posted June 6th, 2012 in criminal justice, internet, news, victims by sally

“Victims of crime in England and Wales should be able to track their case online from the moment it is reported to the point when justice is served, a thinktank has said.”

Full story

The Guardian, 5th June 2012


The air that we breathe: NGO’s appeal dismissed – UK Human Rights Blog

Posted June 6th, 2012 in appeals, EC law, environmental protection, judgments, news, pollution by sally

“A newsflash, really, confirming that ClientEarth’s claim for a declaration and mandatory order against Defra in respect of air pollution was refused by the Court of Appeal, in line with the judgment below. And the lack of a link to the CA’s judgment because it is not available, I imagine, because the judgment was extempore, and it is being transcribed at the moment. Sadly, that does not necessarily mean it gets onto the public access site, Bailli, in due course: the first instance decision still languishes on subscription-only sites. So all I know is that ClientEarth’s appeal did not find favour with Laws and Pitchford LJJ, sitting with Sir John Chadwick, but this, as ClientEarth explains, may not be the end of the line.”

Full story

UK Human Rights Blog, 5th June 2012


Number Ten needs its own lawyer, says leading QC – BBC News

Posted June 6th, 2012 in attorney general, government departments, legal services, news by sally

“A former legal adviser at the Foreign Office has said that legal issues are not addressed as effectively as they might be at the heart of government because the Prime Minister does not have a lawyer among his immediate circle of advisers.”

Full story

BBC News, 5th June 2012


GMC investigators to spot underperforming doctors – The Guardian

Posted June 6th, 2012 in complaints, doctors, health, investigatory powers, negligence, news by sally

“The medical regulator is to deploy new regional officers to take a lead in investigating concerns about NHS doctors and GPs before official complaints are made, in an effort to spot earlier those medics who are not up to the job.”

Full story

The Guardian, 5th June 2012