Lawcast 208: Francis FitzGibbon QC on the Assange asylum bid – Charon QC

Posted June 21st, 2012 in asylum, extradition, podcasts by sally

“Julian Assange walked into the Ecuador Embassy in London on Tuesday evening to claim political asylum. The President of Ecuador is shortly to make a statement on Assange’s application. Today I am talking to Francis FitzGibbon QC about the law relating to asylum and the legal consequences of Assange’s extraordinary decision to seek asylum – a decision which surprised several of his supporters who put up the bail money and which they are possibly in danger of forfeiting.”


Charon QC, 21st June 2012


“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Recent Statutory Instruments –

Posted June 21st, 2012 in legislation by sally

The Access to the Countryside (Coastal Margin) (Weymouth Bay) Order 2012

The Equality Act 2010 (Commencement No. 9) Order 2012

The Offshore Installations (Safety Zones) (No.3) Order 2012

The Local Justice Areas (No. 2) Order 2012

The Private Security Industry Act 2001 (Exemption) (Aviation Security) (Amendment) Regulations 2012

The Armed Forces and Reserve Forces (Compensation Scheme) (Amendment) Order 2012

The Medical Devices (Amendment) Regulations 2012


BAILII: Recent Decisions

Posted June 21st, 2012 in law reports by sally

Court of Appeal (Criminal Division)

I, R & T, R. v [2012] EWCA Crim 1288 (21 June 2012)

Court of Appeal (Civil Division)

Giles v Tarry & Anor [2012] EWCA Civ 837 (21 June 2012)

High Court (Chancery Division)

Paton & Anor v Todd [2012] EWHC 1696 (Ch) (21 June 2012)

Helmsley Acceptances Ltd v Ali & Anor [2012] EWHC 1591 (Ch) (14 June 2012)

Healthcare Management Services Ltd v Caremark Properties Ltd [2012] EWHC 1693 (Ch) (29 May 2012)

High Court (Administrative Court)

Lamari, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1630 (Admin) (18 June 2012)

High Court (Commercial Court)

Aveng (Africa) Ltd v Gabonese Republic & Anor [2012] EWHC 1687 (Comm) (18 June 2012)


Man who used Facebook to try to incite riots jailed for three years – The Guardian

Posted June 21st, 2012 in incitement, internet, news, sentencing, violent disorder by sally

“A man who used Facebook to try to incite violence and urged others to attack the police and Muslims during the height of last summer’s riots has been jailed for three years.”

Full story

The Guardian, 21st June 2012


BC Supreme Court grasps the nettle in right to die case – UK Human Rights Blog

Posted June 21st, 2012 in assisted suicide, necessity, news by sally

“Interest in the ‘locked-in syndrome’ cases currently before the High Court runs high. We posted here on the permission granted to locked-in sufferer Tony Nicklinson to seek an advance order from the court that would allow doctors to assist him to die under the common law defence of necessity.”

Full story

UK Human Rights Blog, 21st June 2012


Last man sentenced to death in UK has conviction quashed – The Guardian

“The last man to be sentenced to death in the UK has had his conviction quashed after a court heard that he confessed to the crime after being waterboarded and subjected to death threats. His successful appeal comes 39 years after his death sentence was commuted to life imprisonment.”

Full story

The Guardian, 21st June 2012


BIALL Wallace Breem Award 2012

Posted June 21st, 2012 in inns of court, libraries, news by sally

The BIALL Wallace Breem Award 2012 has been awarded to the team at Inner Temple Library.

Margaret Clay and Tracey Dennis received the award at the BIALL Annual Dinner which took place at the Europa Hotel, Belfast, on Friday 15th June.

The award reflects the team’s considerable contribution to the legal information profession via three sources in particular.

Firstly, the publication ‘Transcripts of Judicial Proceedings in England and Wales: a Guide to Sources‘. This was first published in 2006 and a new edition was published in 2011. The guide provides invaluable information on how to find transcripts of judicial proceedings of courts and tribunals in England and Wales in an easy-to-use format. The guide is compiled and updated by contacting service providers directly in order to ensure that the information given about their services is as accurate as possible.

Secondly, a daily current awareness blog. This provides up-to-date information on new case law, changes in legislation, and legal news relating to England and Wales. Users can receive updates via email, RSS or Twitter and a version of the blog is also available for mobile devices. Currently the blog attracts 20,000 visits per month from over 100 countries and has 2,000 subscribers and 2,430 followers on Twitter. The Times described the blog as “An extremely useful digest of latest resolutions and legal news stories from around the web, updated regularly.”

Thirdly, the AccessToLaw Database which provides annotated links to selected UK, Commonwealth and international legal websites. Over 1400 sites are currently included. These are mainly legal, government and parliamentary sites with a particular emphasis on those which contain substantive law or related materials, or which will help the legal practitioner to find such information. New sites are added regularly, and existing site entries are checked and updated every three months.

Nominating the winner, Elaine Wintle of Blackstone Chambers felt that ‘the quality of the work that they do, under considerable budgetary constraints, deserves an accolade’.

The judging panel agreed and were pleased to acknowledge the achievements of the team at Inner Temple Library.

Text taken from the BIALL website.

Bar Council Responds to Consultation on Separate Legal Jurisdiction for Wales – The Bar Council

Posted June 21st, 2012 in consultations, jurisdiction, news, Wales by sally

“The Bar Council has responded to the Welsh Government’s consultation on whether there should be a separate legal jurisdiction for Wales. The Bar Council does not express a view on this matter, which is essentially a political question, but it seeks to identify a number of practical issues relevant to arguments for and against the proposition.”

Full story

The Bar Council, 20th June 2012


New family visit visa appeal regulations – UK Border Agency

Posted June 21st, 2012 in appeals, families, immigration, news, visas by sally

“The government laid the Immigration Appeals (Family Visitor) Regulations 2012 in Parliament on 18 June 2012, which set out who qualifies for a full right of appeal against refusal of a visa to visit family in the UK.”

Full story

UK Border Agency, 18th June 2012


Carboex SA v Louis Dreyfus Commodities Suisse SA – WLR Daily

Posted June 21st, 2012 in appeals, charterparties, delay, industrial action, law reports by sally

Carboex SA v Louis Dreyfus Commodities Suisse SA [2012] EWCA Civ 838; [2012] WLR (D) 179

“The strike clause in a berth charter had the effect of transferring the liability for delay on discharging the cargo caused by strikes at the port from the charterer to the owner, whether the delay occurred at the quayside during cargo handling operations or while the vessel was at the port waiting to berth.”

WLR Daily, 19th June 2012


SK (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

SK (Zimbabwe) v Secretary of State for the Home Department [2012] EWCA Civ 807; [2012] WLR (D) 178

“The Secretary of State was entitled to refuse asylum to a woman who had participated in two farm evictions in Zimbabwe on the grounds that her participation in the evictions was a crime against humanity under article 1F(a) of the Rome Statute of the International Criminal Court. The refusal was lawful even though the Secretary of State accepted that she would face a real risk of being subject to serious ill-treatment if returned to Zimbabwe, sufficient to breach her rights under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 19th June 2012


Lawyers slam shared parenting plan – Law Society’s Gazette,

Posted June 21st, 2012 in consultations, divorce, news, parental rights by sally

“Lawyers have described government plans to introduce a legal presumption of shared parenting after relationship breakdown as ‘unnecessary political posturing’ that could detract from children’s wellbeing.”

Full story

Law Society’s Gazette, 20th June 2012


Recent Statutory Instruments –

Posted June 21st, 2012 in legislation by sally

The Education (Listed Bodies) (Wales) Order 2012

The General Social Care Council (Transfer of Register and Abolition—Transitional and Saving Provision) Order of Council 2012

The Health and Social Care Act 2012 (Consequential Provision—Social Workers) Order 2012


Rights holders groups campaign for private copying exception to exclude cloud storage –

Posted June 21st, 2012 in copyright, internet, news by sally

“Limits should be placed on any new ‘private copying’ exemption introduced under UK copyright law to prevent individuals copying digital content into cloud storage services for private use, rights holder groups have said.”

Full story, 20th June 2012


Shifting the burden: support for stress – Law Society’s Gazette

Posted June 21st, 2012 in law firms, legal profession, mental health, news, solicitors by sally

“The suicide last year of a senior local authority solicitor who felt unable to cope with the demands placed on him following a 30% cut to his department’s budget shocked the profession.”

Full story

Law Society’s Gazette, 21st June 2012


Court of Appeal in key corporate veil ruling – The Lawyer

Posted June 21st, 2012 in appeals, assets recovery, company law, fraud, news by sally

“The Court of Appeal has clarified its position on piercing the corporate veil rejecting an appeal against brought by state-owned Russian bank VTB Capital against Nutritrek International.”

Full story

The Lawyer, 20th June 2012


Lesley Dunford found guilty of daughter’s manslaughter – BBC News

Posted June 21st, 2012 in homicide, news, sentencing by sally

“A woman has been sentenced to seven years in prison for the manslaughter of her three-year-old daughter at their home in East Sussex.”

Full story

BBC News, 20th June 2012


QASA – and what it means to you – LegalVoice

“New rules for solicitors (and registered European lawyers) who want to undertake criminal advocacy form January 2013 will require them to notify the Solicitors Regulation Authority under the new Quality Assurance Scheme for Advocates (Crime) arrangements, writes Anne-Marie Lynch. The scheme opens on July 2nd 2012 and will be open for notifications until 21st September 2012. It will introduce a system for accreditation for criminal advocacy work in the Crown and magistrates’ courts.”

Full story

LegalVoice, 20th June 2012


Publishing names of individuals in breach of proposed new financial services laws may break data protection laws, EU watchdog says –

Posted June 21st, 2012 in data protection, EC law, financial regulation, news by sally

“Financial services regulators may breach data protection laws if they are forced to publish the details of individuals who breach proposed new EU rules affecting credit institutions, a privacy watchdog has said.”

Full story, 21st June 2012


Census faces high court challenge over right to privacy – The Guardian

Posted June 21st, 2012 in census, data protection, disclosure, news, privacy, third parties by sally

“A high court judge will be told on Thursday that the 2011 census was unlawful because a provision in the act that governs it allows data to be passed to third parties.”

Full story

The Guardian, 21st June 2012