Month: July 2012

CPS decision on death of Jimmy Mubenga – Crown Prosecution Service

Posted July 17th, 2012 in Crown Prosecution Service, death in custody, deportation, homicide, news, restraint, security companies by sally

“Jimmy Makenda Mubenga died on 12 October 2010 on a flight to Angola before it had left Heathrow airport. Mr Mubgenga died from cardiorespiratory collapse after being restrained by security guards. A specialist prosecutor within the Crown Prosecution Service (CPS) has reviewed the evidence gathered by the Metropolitan Police Service into Mr Mubenga’s tragic death.”

Full story

Crown Prosecution Service, 17th July 2012

Source: http://blog.cps.gov.uk

Sun, Sea, Sex and Service Charges! – Hardwicke Chambers

Posted July 17th, 2012 in landlord & tenant, news, service charges by sally

“When carrying out major works to residential premises, landlords take the risk that their expenditure will not be recoverable unless they comply with the plethora of statutory regulations which now police the recovery of service charges. Compliance with the consultation requirements should be simply a question of employing a good management agent who is familiar with the statutory framework. If all the hoops contained in the regulations are jumped through there should be no bar to recovery of the sums spent.”

Full story

Hardwicke Chambers, 16th July 2012

Source: www.hardwicke.co.uk

New s.182 Guidance – The Changes & How They Affect Day To Day Issues – No. 5 Chambers

Posted July 17th, 2012 in health, legislation, licensing, local government, news, police by sally

New s.182 Guidance – The Changes & How They Affect Day To Day Issues (Powerpoint presentation)

No. 5 Chambers, 12th July 2012

Source: www.no5.com

Environmental and Planning Newsletter – Thirty Nine Essex Street

Posted July 17th, 2012 in costs, EC law, environmental protection, news by sally

Environmental and Planning Newsletter (PDF)

Thirty Nine Essex Street, July 2012

Source: www.39essex.com

Now in force: the offence of “causing or allowing serious physical harm to a child or vulnerable adult” – Zenith Chambers

Posted July 17th, 2012 in causing serious physical harm to a child or vulnerable adult, children, domestic violence, news by sally

“As of the 2nd July 2012 the offence of ‘causing or allowing serious physical harm to a child or vulnerable adult’ came into force.”

Full story (PDF)

Zenith Chambers, 16th July 2012

Source: www.zenithchambers.co.uk

Community support officer jailed for issuing bogus fines to cyclists – The Independent

Posted July 17th, 2012 in community support officers, fines, misfeasance in public office, news, police by sally

“An award-winning police community support officer was jailed for six months yesterday for issuing hundred of false fixed penalty notices.”

Full story

The Independent, 17th July 2012

Source: www.independent.co.uk

Regulate will-writing to avoid ‘race to the bottom’, Society urges – Law Society’s Gazette

Posted July 17th, 2012 in consultations, Law Society, news, wills by sally

“The Law Society today backed plans to extend the list of reserved activities to include will-writing and estate administration.”

Full story

Law Society’s Gazette, 16th July 2012

Source: www.lawgazette.co.uk

Man appeals against ban on replying to children – The Independent

Posted July 17th, 2012 in children, contact orders, custody, news, parental rights, telecommunications by sally

“A father-of-four has criticised an ‘absurd’ court order that bans him from returning his children’s text messages or phone calls.”

Full story

The Independent, 17th July 2012

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 17th, 2012 in legislation by sally

The Consular Fees (Amendment) Order 2012

The Police Act 1997 (Criminal Records) (Guernsey) (Amendment) Order 2012

The Immigration (Jersey) Order 2012

The Poole Harbour Revision Order 2012

The Jurors’ Allowances (Amendment) Regulations 2012

The Health and Social Care Act 2012 (Commencement No.2 and Transitional, Savings and Transitory Provisions) Order 2012

The Taxation of Chargeable Gains (Gilt-edged Securities) Order 2012

The Criminal Procedure Rules 2012

The Pupil Referral Units (Miscellaneous Amendments) (England) Regulations 2012

The Academies (Land Transfer Schemes) Regulations 2012

The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2012

The Tax Avoidance Schemes (Information) Regulations 2012

Source: www.legislation.gov.uk

Children in custody at five-year low – Law Society’s Gazette

Posted July 17th, 2012 in children, detention, news, prisons, statistics, young offenders by sally

“The number of children in custody has hit a record low five years after the start of a programme designed to limit the use of prison, according to statistics released by the Ministry of Justice today.”

Full story

Law Society’s Gazette, 16th July 2012

Source: www.lawgazette.co.uk

Discharging leasehold covenants – NearlyLegal

Posted July 17th, 2012 in covenants, leases, news by sally

“Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on it). These covenants can, clearly, become onerous or otherwise unnecessary with the passage of time. The Upper Tribunal (Lands Chamber) has a discretionary power (s.84, Law of Property Act 1925) to modify or discharge these covenants in certain circumstances. The most common ground is s.84(1)(aa), which applies if the removal of the covenant would support a reasonable use of the land and any inconvenience can be met by a payment of money.”

Full story

NearlyLegal, 17th July 2012

Source: www.nearlylegal.co.uk

Court order prevents BBC from broadcasting film about riots – The Guardian

Posted July 17th, 2012 in BBC, injunctions, media, news, violent disorder by sally

“The BBC has pulled a film about the experiences of rioters during last summer’s disturbances just hours before it was due to be broadcast after a ruling from a judge. The film, due to be broadcast on BBC2 at 9pm on Monday, was a dramatisation based on the testimony of interviews conducted for the Guardian and London School of Economics research into the disorder.”

Full story

The Guardian, 16th July 2012

Source: www.guardian.co.uk

Father jailed for killing eight years after injuring baby – BBC News

Posted July 17th, 2012 in assault, homicide, news, retrials, sentencing by sally

“A father has been jailed for two years for killing his daughter, who died nearly eight years after being injured as a baby.”

Full story

BBC News, 16th July 2012

Source: www.bbc.co.uk

Anglo American: a right to sue in the UK as well as in South Africa? – UK Human Rights Blog

Posted July 17th, 2012 in asbestos, company law, domicile, news, subsidiary companies by sally

“Back to the problem of when and where you can sue various members of a group of companies. In the Cape case (for which see my post), a parent company was held liable for failing to ensure that its subsidiary properly managed the risks posed by asbestos. In this case of Vava, the claimants wanted to sue a South African registered holding company (AASA) in the UK, on the basis that the real decisions were taken in the UK, and hence AASA were domiciled in the UK for purposes of suing them.”

Full story

UK Human Rights Blog, 16th June 2012

Source: www.ukhumanrightsblog.com

Command Papers – official-documents.gov.uk

Posted July 17th, 2012 in parliamentary papers by sally

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Dominica on the Exchange of Information with respect to Taxes and Tax Matters, Cm 8418 (PDF)

Swift and Sure Justice: The Government’s Plans for Reform of the Criminal Justice System, Cm 8388 (PDF)

Review of the Balance of Competences between the United Kingdom and the European Union, Cm 8415 (PDF)

A Summary of Responses to the Cabinet Office’s Consultation Document “Introducing a Statutory Register of Lobbyists”, Cm 8412 (PDF)

Government responses on the Seventy Fifth, the Seventy Seventh, the Seventy Ninth to the Eighty First and the Eighty Third to the Eighty Eighth Reports from the Committee of Public Accounts: Session 2010-12, Cm 8416 (PDF)

Science and Heritage: Response to the House of Lords Select Committee on Science and Technology, Cm 8384 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 16th, 2012 in legislation by sally

The Local Authorities (Armorial Bearings) Order 2012

The Coroners and Justice Act 2009 (Commencement No. 9) Order 2012

The Oxfordshire (Electoral Changes) Order 2012

The Product Safety (Revocation) Regulations 2012

The Indication of Prices (Beds) (Revocation) Order 2012

The Housing (Right to Manage) (England) Regulations 2012

The South London Healthcare National Health Service Trust (Extension of Time for Trust Special Administrator to Provide a Draft Report) Order 2012

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2012

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2012

The Further Education Loans Regulations 2012

The Costs in Criminal Cases (General) (Amendment) Regulations 2012

The Coroners and Justice Act 2009 (Commencement No. 9) Order 2012

The Local Authorities (Armorial Bearings) Order 2012

Source: www.legislation.gov.uk

Government outlines plans for better IT use in courts system – OUT-LAW.com

Posted July 16th, 2012 in courts, criminal justice, guilty pleas, news by sally

“The Government has outlined plans for improving the technology used by police and the courts system to make judicial processes faster and more efficient. The Ministry of Justice (MoJ) said that past investments cost too much and under-performed.”

Full story

OUT-LAW.com, 16th July 2012

Source: www.out-law.com

Chilcot report into Iraq delayed by Whitehall refusal to release evidence – The Guardian

Posted July 16th, 2012 in disclosure, evidence, inquiries, Iraq, news, war by sally

“Fierce opposition in Whitehall to the disclosure of key documents relating to the invasion of Iraq, notably records of discussions between Tony Blair and George Bush, has meant the Chilcot inquiry will not now be able to publish its report for well over a year.”

Full story

The Guardian, 16th July 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted July 16th, 2012 in parliamentary papers by sally

European Union Finances 2012: statement on the 2012 EU Budget and measures to counter fraud and financial mismanagement, Cm 8405 (PDF)

Post Legislative Assessment of the Concessionary Bus Travel Act 2007, Cm 8406 (PDF)

Post-legislative assessment of the Mental Health Act 2007, Cm 8408 (PDF)

Source: www.official-documents.gov.uk

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk