Family courts need radical change of culture, says lord chief justice – The Guardian

Posted July 31st, 2012 in case management, family courts, news, reports by sally

“Family courts need a radical change of culture to combat ‘unacceptably long delays’ caused by a system struggling to cope with an influx of care cases following the Baby Peter tragedy and planned cuts to legal aid, the lord chief justice has said.”

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The Guardian, 31st July 2012

Source: www.guardian.co.uk

New UK ‘Copyright Hub’ would help address problems with copyright licensing framework, report says – OUT-LAW.com

Posted July 31st, 2012 in copyright, licensing, news, reports by sally

“The UK should have a new ‘Copyright Hub’ to allow for rights holders to licence the use of their content through a simpler, more transparent and less costly system than currently exists, a report commissioned by the Government has said.”

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OUT-LAW.com, 31st July 2012

Source: www.out-law.com

Tom Daley, Twitter abuse and the law – The Guardian

Posted July 31st, 2012 in freedom of expression, internet, malicious communications, news by sally

“Twitter users have to understand that every tweet is a broadcast – even if it’s prefaced with an @.”

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The Guardian, 31st July 2012

Source: www.guardian.co.uk

Clifford Collinge murder: Wife jailed for 23 years – BBC News

Posted July 31st, 2012 in murder, news, sentencing by sally

“A woman who lured two men back to her house with promises of sex and convinced them to murder her husband has been jailed for life.”

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BBC News, 31st July 2012

Source: www.bbc.co.uk

Inquisitorial judges at heart of family reform proposals – Law Society’s Gazette

Posted July 31st, 2012 in bills, case management, family courts, news by sally

“Greater case management by judges is at the heart of the judiciary’s proposals for the modernisation of family justice, published today.”

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Law Society’s Gazette, 31st July 2012

Source: www.lawgazette.co.uk

Understanding legislation – Halsbury’s Law Exchange

Posted July 31st, 2012 in interpretation, legislation, legislative drafting, news by sally

“Thomas Pascoe in the Telegraph gives a familiar layperson’s lament about the amount and complexity of legislation in the UK.”

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Halsbury’s Law Exchange, 31st July 2012

Source: www.halsburyslawexchange.co.uk

LSB publishes response to immigration advice and services consultation – Legal Services Board

Posted July 31st, 2012 in consultations, immigration, law centres, news by sally

“The Legal Services Board (LSB) has today published its response to its consultation about the regulation of immigration advice and services.”

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Legal Services Board, 31st July 2012

Source: www.legalservicesboard.org.uk

Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up – Hardwicke Chambers

Posted July 31st, 2012 in arbitration, bankruptcy, news, winding up by sally

“Earlier this year, Mr Edward Davey MP, Minister for Consumer Affairs at BIS, announced the launch of a 12 week consultation regarding the reform of the application process for bankruptcy and company winding up. The Insolvency Service noted that: ‘The consultation sets out proposals that aim to provide the most appropriate and efficient route into bankruptcy and winding up, and to ensure that the Court’s focus is on dispute resolution.'”

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Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk

John Terry racism trial: the difficulties of prosecuting someone who uses abusive language – Halsbury’s Law Exchange

Posted July 31st, 2012 in harassment, news, prosecutions, public order, racism by sally

“John Terry has been acquitted of racially aggravated causing harassment, alarm or distress under s 5 of the Public Order Act 1986 and s 31 of the Crime and Disorder Act 1998.”

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Halsbury’s Law Exchange, 31st July 2012

Source: www.halsburyslawexchange.co.uk

Human Rights When Seeking Possession and Sale of a Bankrupt’s Home: Anything to Fear? – Hardwicke Chambers

Posted July 31st, 2012 in bankruptcy, human rights, insolvency, news, repossession by sally

“For many insolvency practitioners (in the wider sense), the European Convention on Human Rights (‘ECHR’) and the Human Rights Act 1998 (‘HRA’) are pieces of legislation having little impact upon day to day insolvency practice.”

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Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk

Two Articles on Local Government Law – 11 KBW

Posted July 31st, 2012 in contract of employment, local government, news, time limits by sally

Local Government Law Update: 30 July (PDF)
Local Government Law Update: 30 July (PDF)

11 KBW, July 2012

Source: www.11kbw.com

BAILII: Recent Decisions

Posted July 31st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Telefonica O2 UK Ltd & Ors v British Telecommunications Plc & Anor [2012] EWCA Civ 1002 (25 July 2012)

High Court (Queen’s Bench Division)

AC v Farooq & Anor [2012] EWHC 1484 (QB) (30 July 2012)

High Court (Chancery Division)

Davies v AIB Group (UK) Plc [2012] EWHC 2178 (Ch) (27 July 2012)

Hughes & Ors v Bourne & Ors [2012] EWHC 2232 (Ch) (27 July 2012)

High Court (Administrative Court)

Konuksever v The Government of Turkey [2012] EWHC 2166 (Admin) (27 July 2012)

High Court (Technology and Construction Court)

Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd [2012] EWHC 2137 (TCC) (27 July 2012)

Solland Projects LLP v Nautiloides Comercio International E Servicos Sociedade Unipessoal LDA & Anor [2012] EWHC 1957 (TCC) (04 July 2012)

High Court (Patents Court)

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd & Ors [2012] EWHC 2153 (Pat) (27 July 2012)

Source: www.bailii.org

Life sentences for brothers who beheaded man and set light to body – The Guardian

Posted July 31st, 2012 in murder, news, sentencing by sally

“Two brothers have been jailed for life for the murder of a man whose decapitated body was set alight in a town centre.”

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The Guardian, 30th July 2012

Source: www.guardian.co.uk

Five HS2 challenges granted December court hearings – OUT-LAW.com

“Five cases being brought against the Government’s flagship high-speed rail link between London and the Midlands will be heard in December, the High Court has confirmed.”

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OUT-LAW.com, 31st July 2012

Source: www.out-law.com

Standard Chartered Bank v Ceylon Petroleum Corporation – WLR Daily

Posted July 31st, 2012 in appeals, banking, contracts, law reports by sally

Standard Chartered Bank v Ceylon Petroleum Corporation [2012] WLR (D) 232

“In the absence of any indication to the contrary, a commercial entity set up by statute to engage in international and domestic trade had the capacity to enter into the whole range of transactions which a commercial organisation acting in that field of business would ordinarily undertake, including hedging or speculative transactions.”

WLR Daily, 27th July 2012

Source: www.iclr.co.uk

Selwood v Durham County Council and others – WLR Daily

Selwood v Durham County Council and others [2012] EWCA Civ 979; [2012] WLR (D) 231

“When determining whether a defendant owed a common law duty of care to a claimant in respect of the actions of a third party on the basis of foreseeability, proximity and fairness, justice and reasonableness, in accordance with the test laid down in Caparo Industries plc v Dickman [1990] 2 AC 605, there was no need to show that the defendant had assumed any responsibility for the claimant’s safety. In determining whether it was fair, just and reasonable to impose that duty of care on a defendant who was a public authority, additional factors of public policy had to be considered and some classes of claimant would stand in such a special relationship with the defendant public authority that it would be fair, just and reasonable to impose a duty of care in respect of the actions of a third party. In respect of that limited class of claimants, the weight to be attached to some of the policy considerations which rendered a duty to a wider class undesirable was much less than if the duty was one owed to the world at large. In order to establish the existence of a duty of care on the basis of an assumption of responsibility, there was no requirement for something positive to that effect to have been said or something done which clearly indicated such assumption, and the assumption of responsibility could be inferred from circumstances.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

KA (Afghanistan) v Secretary of State for the Home Department – WLR Daily

KA (Afghanistan) v Secretary of State for the Home Department [2012] EWCA Civ 1014; [2012] WLR (D) 230

“The Secretary of State’s duty to endeavour to trace the family members of an unaccompanied minor seeking asylum was not discharged by merely informing the child of the facilities of the Red Cross. A failure to discharge the duty might be relevant to judicial consideration of an asylum or humanitarian protection claim. Such failure might also be relevant to a consideration of the duty under section 55 of the Borders, Citizenship and Immigration Act 2009.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Joddrell v Peaktone Ltd – WLR Daily

Posted July 31st, 2012 in company law, law reports, retrospectivity by sally

Joddrell v Peaktone Ltd [2012] EWCA Civ 1035; [2012] WLR (D) 229

“The deeming provision, as to the restoration of a company to the Register of Companies, contained within section 1032(1) of the Companies Act 2006, was apt retrospectively to validate an action commenced by or against a company during the period of its dissolution.”

WLR Daily, 26th July 2012

Source: www.iclr.co.uk

Regina v M (A) – WLR Daily

Posted July 31st, 2012 in appeals, juries, law reports by sally

Regina v M (A) [2012] WLR (D) 228

“Where there had been a breach of the balloting requirements in the selection of members of a jury, unless the defendant made clear his objection to the breach, at or as soon as practicable after, the time it occurred the irregularity could not be corrected on appeal.”

WLR Daily, 24th July 2012

Source: www.iclr.co.uk

High court maintains anonymity orders despite injunctions being lifted – The Gaurdian

Posted July 31st, 2012 in anonymity, injunctions, media, news, privacy by sally

“The high court has maintained the anonymity of several sports stars and public figures even though their privacy injunctions have been lifted.”

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The Guardian, 30th July 2012

Source: www.guardian.co.uk