Watchdog warns over secret hearings – The Independent

“Government plans to extend the use of secret hearings in courts are not compatible with the Human Rights Act, the equalities watchdog has said.”

Full story

The Independent, 31st October 2012

Source: www.independent.co.uk

Baby P father’s libel award over rape claim error is cut to £50,000 – The Independent

“The natural father of Baby P who was falsely accused of having been convicted of raping a 14-year-old girl has had a libel award of £75,000 cut to £50,000.”

Full story

The Independent, 31st October 2012

Source: www.independent.co.uk

Lalit Modi loses appeal against £90,000 libel award to Chris Cairns – The Guardian

Posted October 31st, 2012 in appeals, damages, defamation, news, sport by sally

“An appeal against a £90,000 libel award to former New Zealand cricket captain Chris Cairns over an accusation of match-fixing has failed.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

Supreme Court judgment: Prix v Work and Pensions Secretary – Head of Legal

Posted October 31st, 2012 in appeals, benefits, citizenship, EC law, freedom of movement, news, sex discrimination by sally

“In what amounts to a defeat for the government, the Supreme Court has decided in this case to refer to the European Court of Justice questions on the interpretation of the EU Citizenship Directive, 2004/38.”

Full story

Head of Legal, 31st October 2012

Source: www.headoflegal.com

UK Tour Lawcast #1: Andrew Hopper QC on the regulation of solicitors by the SRA – Charon QC

“Today I talk with Andrew Hopper QC about the regulatory framework for solicitors, the Code of Practice, the strengths and shortcomings of the Solicitors regulation Authority and the need for legal education to be improved with good training for prospective lawyers in ethics – the morals and not simply the rules.”

Podcast

Charon QC, 31st October 2012

Source: www.charonqc.wordpress.com

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

Recent Statutory Instruments – legislation.gov.uk

Posted October 31st, 2012 in legislation by sally

The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012

The Civil Legal Aid (Family Relationship) Regulations 2012

The Civil Legal Aid (Prescribed Types of Pollution of the Environment) Regulations 2012

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 3) Regulations 2012

The Charitable Incorporated Organisations (Consequential Amendments) Order 2012

Source: www.legislation.gov.uk

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

Full story

BBC News, 31st October 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 31st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Crocs Europe BV v Anderson & Anor (t/a Spectrum Agencies) [2012] EWCA Civ 1400 (30 October 2012)

McCarrick v Hunter [2012] EWCA Civ 1399 (30 October 2012)

Joyce v Epsom and Ewell Borough Council [2012] EWCA Civ 1398 (30 October 2012)

High Court (Queen’s Bench Division)

Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 2958 (QB) (26 October 2012)

High Court (Chancery Division)

Oraki & Anor v Dean & Dean (a firm) & Anor [2012] EWHC 2885 (Ch) (23 October 2012)

Lawie v Lawie & Ors [2012] EWHC 2940 (Ch) (26 October 2012)

Taylor v Diamond [2012] EWHC 3008 (Ch) (29 October 2012)

High Court (Administrative Court)

Toufighy & Anor, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3004 (Admin) (30 October 2012)

Ali v London Borough of Newham [2012] EWHC 2970 (Admin) (30 October 2012)

High Court (Commercial Court)

Bominflot Bunkergesellschaft fur Mineralole mbH & Co v Petroplus Marketing AG [2012] EWHC 3009 (Comm) (30 October 2012)

High Court (Technology and Construction Court)

Denness & Anor v East Hampshire District Council [2012] EWHC 2951 (TCC) (30 October 2012)

Source: www.bailii.org

Inside justice: London Rent Assessment Panel – The Guardian

Posted October 31st, 2012 in dispute resolution, landlord & tenant, news, rent, repairs by sally

“Samir Jeraj observes an independent panel settle private rental disputes, including a rare case of a flat with ‘fair rent’ controls.”

Full story

The Guardian, 30th October 2012

Source: www.guardian.co.uk

Prisoners’ votes: what’s the government up to? And are they missing a trick? – Head of Legal

Posted October 31st, 2012 in bills, elections, human rights, jurisdiction, news, parliament, prisons by sally

“It’s well known that the government faces a problem when it comes to prisoners’ votes.”

Full story

Head of Legal, 30th October 2012

Source: www.headoflegal.com

DIY Law – BBC Law in Action

“Joshua Rozenberg looks at DIY law – what it is like to represent yourself as a litigant in person – and whether the CPS should be allowed to shut down private prosecutions.”

Listen

BBC Law in Action, 30th October 2012

Source: www.bbc.co.uk

Child maintenance powers ’emasculated’ after court ruling – Daily Telegraph

“Absent parents who fail to support their children may no longer be threatened with jail after a court ruling against a Government body set up to pursue them.”

Full story

Daily Telegraph, 31st October 2012

Source: www.telegraph.co.uk

Working with the elderly and infirm: a delicate balance of rights – UK Human Rights Blog

“Close on the heels of last week’s decision regarding disclosure of information from the Child Sex Offenders Register comes this ruling on the police decision to disclose certain information from a nurse’s enhanced criminal records certificates without affording her an opportunity to make representations before the information was released.”

Full story

UK Human Rights Blog, 30th October 2012

Source: www.ukhumanrightsblog.com

The prison service’s treatment of women is shameful – The Guardian

Posted October 30th, 2012 in death in custody, news, prisons, reports, women by sally

“The Ministry of Justice should act now to prevent more deaths of women in their care at New Hall prison in Wakefield.”

Full story

The Guardian, 30th October 2012

Source: www.guardian.co.uk

Osezua Osolase jailed for ‘juju’ rituals trafficker – BBC News

Posted October 30th, 2012 in children, news, prostitution, rape, sentencing, trafficking in human beings, witchcraft by sally

“A man who carried out ‘juju’ witchcraft on teenage girls he trafficked from Nigeria to Europe for prostitution has been jailed for 20 years.”

Full story

BBC News, 29th October 2012

Source: www.bbc.co.uk

Domestic violence victim was failed by police, report finds – The Guardian

Posted October 30th, 2012 in domestic violence, murder, news, police, reports, victims by sally

“A domestic violence victim who was found stabbed to death in her home was let down by police who failed to respond urgently on the day of her murder, a report has found.”

Full story

The Guardian, 30th October 2012

Source: www.guardian.co.uk

Prosecuting human trafficking and slavery, the law and the UK response – Solicitor General, Oliver Heald QC MP

Posted October 30th, 2012 in forced labour, news, prosecutions, trafficking in human beings by sally

Prosecuting human trafficking and slavery, the law and the UK response

Solicitor General, Oliver Heald QC MP

Bradford University, 29th October 2012

Source: www.attorneygeneral.gov.uk

Minimum sentences, minimum justice – Zenith Chambers

Posted October 30th, 2012 in criminal justice, firearms, news, sentencing by sally

“A five year old girl, Thusha Kamaleswaran, was shot through the spine and paralysed from the waist down for life, in March 2011. She was in her uncle’s shop in Stockwell, London, when two bullets were fired from a gun by a gang member from outside into the shop. Three men were put on trial for the shooting, and convicted at the Old Bailey on 26th March 2012. The jury at the trial were shown CCTV footage of Thusha skipping happily in the aisle in her pink dress and red cardigan shortly before she was struck. ”

Full story (PDF)

Zenith Chambers, 23rd October 2012

Source: www.zenithchambers.co.uk

The Interface between the Mental Health Act 1983 and the Mental Capacity Act 2005 – Thirty Nine Essex Street

Posted October 30th, 2012 in guardianship, mental health, news by sally

“There are, in one sense, multiple interfaces between the Mental Health Act 1983 and the Mental Capacity Act 2005: those concerning medical treatment, welfare and finances as well as restriction and deprivation of liberty. This paper focuses upon the latter since there is a confusing line of authority developing on the topic, and because there remain a number of questions to be answered and problems to be solved. It is fair to say that today’s talk perhaps raises more questions than it provides answers.”

Full story

Thirty Nine Essex Street, 15th October 2012

Source: www.39essex.com

Cohabitation Update – Zenith Chambers

Posted October 30th, 2012 in cohabitation, constructive trusts, news by sally

“The purpose of this seminar is to consider the law on constructive trusts following Jones v. Kernott and recent developments regarding cohabiting couples.”

Full story (PDF)

Zenith Chambers, 25th October 2012

Source: www.zenithchambers.co.uk