Compensation for Savile’s victims – BBC Law in Action

Posted October 24th, 2012 in child abuse, compensation, news, sexual offences by sally

“Victims of abuse by Jimmy Savile may soon submit compensation claims to the courts. So what will they have to prove and what defences will be available to Savile’s former employers – such as the BBC, hospitals and prisons? Appeal Court judge, Sir Stanley Burnton, tells Joshua Rozenberg what is likely to happen.”


BBC Law in Action, 23rd October 2012


More appeals over police complaints handling, says IPCC – BBC News

Posted October 24th, 2012 in appeals, complaints, news, police, statistics by sally

“There has been a rise in the number of people unhappy with how police in England and Wales handled complaints.”

Full story

BBC News, 24th October 2012


Prince Charles and the curious case of the Black Spider Letters – UK Human Rights Blog

“Litigation relating to information rights can sometimes seem very dry and obscure, entailing lengthy analysis of the merits of public authorities disclosing or withholding information which is highly specialised or obtuse, and of little real interest to the general population. But this case – the case of the ‘Black Spider Letters’ – really is a fascinating one, involving an examination not just of the legislative provisions relating to the disclosure of information, but also a consideration of the existence and extent of constitutional conventions pertaining to the role of the monarchy in government. At the same time, it has the potential to generate such controversy as to make for perfect tabloid fodder. It has been the subject of international news coverage. And it’s not over yet.”

Full story

UK Human Rights Blog, 23rd October


Blame game: when legal aid gets political – LegalVoice

Posted October 24th, 2012 in government departments, legal aid, news by sally

“Political interference in the granting of legal aid – whether actual or suspected by members of the public – could become a genuine concern for the government after next April. Should public money be denied cases brought against government departments or that involve unpopular characters or controversial issues, ministers’ impartiality in the decision-making process may come under fire, writes Elizabeth Davidson.”

Full story

LegalVoice, 23rd October 2012


Frankie Boyle, free speech and legal jokes – The Guardian

Posted October 24th, 2012 in defamation, freedom of expression, media, news, public order, racism by sally

“When speech offends, insults and disparages should we resort to legal action?”

Full story

The Guardian, 23rd October 2012


Mark Duggan shooting: police watchdog’s report delayed further – The Guardian

Posted October 23rd, 2012 in complaints, evidence, firearms, news, police, reports by sally

“The Independent Police Complaints Commission has said ‘significant’ material about the death of Mark Duggan has emerged in recent weeks, meaning its report into his shooting by police will be delayed even further.”

Full story

The Guardian, 23rd October 2012


Command Papers –

Posted October 23rd, 2012 in parliamentary papers by sally

Punishment and Reform: Effective Community Sentences Government Response, Cm 8469 (PDF)

Deferred Prosecution Agreements: Government response to the consultation on a new enforcement tool to deal with economic crime committed by commercial organisations. Cm 8463 (PDF)

Memorandum to the Home Affairs Committee: Post-legislative Scrutiny of the UK Borders Act 2007, Cm 8459 (PDF)


Daily Mirror publisher faces being sued over alleged phone hacking – The Guardian

Posted October 23rd, 2012 in interception, media, news, prosecutions, telecommunications by sally

“Four civil claims filed at the high court in the first formal move for damages from any company outside News International.”

Full story

The Guardian, 23rd October 2012


BAILII: Recent Decisions

Posted October 23rd, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Elektromotive Group Ltd v Pan [2012] EWHC 2742 (QB) (18 October 2012)

Boyle v MGN Ltd [2012] EWHC 2700 (QB) (09 October 2012)

Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC B19 (QB) (16 October 2012)

High Court (Chancery Division)

Royal Bank Of Scotland Plc v Hicks & Ors [2012] EWHC 2699 (Ch) (22 October 2012)

Taylor v Diamond [2012] EWHC 2900 (Ch) (22 October 2012)

Baroque Investments Ltd v Heis & Ors [2012] EWHC 2886 (Ch) (22 October 2012)

High Court (Administrative Court)

Newlyn Dean & Sons Ltd v Secretary of State for Communities and Local Government [2012] EWHC 2909 (Admin) (22 October 2012)

High Court (Commercial Court)

PEC Ltd v Asia Golden Rice Co Ltd [2012] EWHC 846 (Comm) (17 October 2012)


CIL: What Price Planning (or, How to Work & Work With the Tax System)? – Thirty Nine Essex Street

Posted October 23rd, 2012 in news, planning, taxation by sally

“In 1947, the Labour Government nationalized land development value. The outgoing Labour Government nationalized development hope value through its CIL Regulations which came into force in April 2010 just before its May defeat.”

Full story (PDF)

Thirty Nine Essex Street, October 2012


Interim Payments and the Seriously Injured Claimant: Somewhere to Live or Down at Eeeles – Zenith Chambers

Posted October 23rd, 2012 in damages, housing, news, periodical payments, personal injuries by sally

“Gordon Exall look at the cases and principles relating to interim payments and accommodation in catastrophic injury cases.”

Full story

Zenith Chambers, 22nd October 2012


Green light expected for deferred prosecutions – Law Society’s Gazette

“The government is expected today to give a cautious go ahead to US-style deferred prosecution agreements (DPAs) for corporate crime. A government response to a Ministry of Justice consultation held last summer is likely to to recommend changing the law to allow such deals to be struck between offending companies and the Serious Fraud Office.”

Full story

Law Society’s Gazette, 23rd October 2012


Murder committed every ten days by criminal on bail – Daily Telegraph

Posted October 23rd, 2012 in bail, crime, murder, news, recidivists, statistics by sally

“A murder is committed by a criminal out on bail every ten days, new statistics have revealed.”

Full story

Daily Telegraph, 23rd October 2012


Takeover Panel to review “put up or shut up” rule, according to press reports –

Posted October 23rd, 2012 in codes of practice, news, takeovers by sally

“The Takeover Panel could amend its rule that states that companies must complete acquisitions within 28 days following complaints from would-be buyers, according to press reports.”

Full story, 23rd October 2012


Recent Statutory Instruments –

Posted October 23rd, 2012 in legislation by sally

The Geneva Conventions Act (Jersey) Order 2012

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

The Immigration and Asylum (Jersey) Order 2012

The United Nations Personnel (Isle of Man) Order 2012

The Burma (Restrictive Measures) (Overseas Territories) (Suspension) Order 2012

The Children and Families (Wales) Measure 2010 (Commencement No. 5) Order 2012

The Local Government (Performance Indicators) (Wales) Order 2012

The African Horse Sickness (England) Regulations 2012

The Materials and Articles in Contact with Food (England) Regulations 2012


Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012


Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012


Regina v Williams (Orette) – WLR Daily

Posted October 23rd, 2012 in appeals, firearms, law reports by sally

Regina v Williams (Orette) [2012] EWCA Crim 2162; [2012] WLR (D) 279

“As a matter of ordinary interpretation, section 1(5) of the Firearms Act 1982 imposed a reverse, legal, burden on a defendant to show that he did not know and had no reason to suspect that the imitation firearm in his possession was readily convertible into a prohibited firearm. That derogation from the presumption of innocence was justified because it was reasonable and proportionate and balanced the importance of what was at stake for the public with the maintenance of the normal rights of the defendant.”

WLR Daily, 18th October 2012


‘Unacceptable force’ used by G4S staff deporting pregnant woman – The Guardian

Posted October 23rd, 2012 in deportation, families, immigration, news, reports by sally

“A pregnant woman in a wheelchair was tipped up and had her feet held by staff from G4S, the firm behind the Olympics security shambles, as she was forcibly removed from the country. The disclosure comes in the first report into conditions at a new centre designed to hold families facing deportation from the UK.”

Full story

The Guardian, 23rd October 2012


‘What were they thinking?’: Paedophile spared jail went on to rape child – Daily Telegraph

“A senior judge yesterday criticised fellow members of the judiciary after a convicted paedophile who was spared jail advertised himself as a babysitter online and went on to rape a child.”

Full story

Daily Telegraph, 23rd October 2012