Bar Council launches new online pupillage application system – Legal Week

Posted November 30th, 2012 in internet, news, pupillage by tracey

“The Bar Council is launching a new online pupillage application system which will allow chambers to tailor applications for the first time.”

Full story

Legal Week, 27th November 2012



Recent Statutory Instruments –

Posted November 30th, 2012 in legislation by tracey

The Regulated Covered Bonds (Amendment) Regulations 2012

The Community Infrastructure Levy (Amendment) Regulations 2012

The Police (Descriptions of Service) Order 2012

The Occupational Pensions (Revaluation) Order 2012

The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment (No. 2) Order 2012

The Electricity (Exemption from the Requirement for a Generation Licence) (Covanta Ince Park Limited) (England and Wales) Order 2012

The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012

The Council Tax (Exempt Dwellings) (England) (Amendment) Order 2012

The Council Tax (Prescribed Classes of Dwellings) (England) (Amendment) Regulations 2012

The Product Safety Amendment and Revocation Regulations 2012

The Rehabilitation Courses (Relevant Drink Offences) Regulations 2012

The Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012


BAILII: Recent Decisions

Posted November 30th, 2012 in law reports by tracey

Court of Appeal (Civil Division)

K (Children), Re [2012] EWCA Civ 1549 (29 November 2012)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Ors [2012] EWCA Civ 1569 (29 November 2012)

Birmingham City Council v Ashton [2012] EWCA Civ 1557 (29 November 2012)

Court of Appeal (Criminal Division)

Ligaya Nursing v R [2012] EWCA Crim 2521 (30 November 2012)

Ravjani & Ors, R. v [2012] EWCA Crim 2519 (29 November 2012)

Shabir, R. v [2012] EWCA Crim 2564 (29 November 2012)

High Court (Administrative Court)

Omar, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 2012)

Patel v Solicitors Regulation Authority [2012] EWHC 3373 (Admin) (29 November 2012)

High Court (Chancery Division)

Royal Westminster Investments SA & Ors v Varma [2012] EWHC 3439 (Ch) (30 November 2012)

Sycamore Bidco Ltd v Breslin & Anor [2012] EWHC 3443 (Ch) (30 November 2012)

Omega Engineering Incorporated v Omega S.A. (Omega AG) (Omega Ltd.) [2012] EWHC 3440 (Ch) (30 November 2012)

Cometson & Anor v Merthyr Tydfil County Borough Council & Anor [2012] EWHC 3446 (Ch) (30 November 2012)

High Court (Patents Court)

Actavis Group HF v Eli Lilly & Company [2012] EWHC 3316 (Pat) (27 November 2012)

High Court (Queen’s Bench Division)

Hussain v King Edward VII Hospital [2012] EWHC 3441 (QB) (30 November 2012)

O’Dwyer v ITV Plc [2012] EWHC 3321 (QB) (30 November 2012)

Harries v Stevenson [2012] EWHC 3447 (QB) (30 November 2012)

Light On Line Ltd & Anor v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB) (29 November 2012)

High Court (Technology and Construction Court)

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2012] EWHC 3417 (TCC) (30 November 2012)

Constance Long Term Holdings Ltd v Cavendish (Duke Of Westminster) [2012] EWHC 3434 (TCC) (29 November 2012)


Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355 – WLR Daily

Posted November 30th, 2012 in committals, Crown Court, law reports, magistrates, sentencing by tracey

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158;   [2012] WLR (D)  355

“Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in respect of which the offender was committed under section 6(2) of the Powers of Criminal Courts (Sentencing) Act 2000 were limited by section 7(1) of the 2000 Act to those of the magistrates’ court.”

WLR Daily, 27th November 2012


Emerson Electric Co and others v Morgan Crucible Co plc and others – WLR Daily

Posted November 30th, 2012 in competition, law reports, subsidiary companies, tribunals by tracey

Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559;   [2012] WLR (D)  354

“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”

WLR Daily, 28th November 2012


Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by tracey

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012


Regina v Abbas and another – WLR Daily

Posted November 30th, 2012 in evidence, firearms, joint enterprise, juries, law reports by tracey

Regina v Abbas and another: [2012] EWCA Crim 2517;   [2012] WLR (D)  352

“Where the Crown alleged that the defendant was part of a joint enterprise involving the possession of an imitation firearm, proof of which depended upon the drawing of an inference, it was incumbent on a judge in summing up to identify the evidence of primary fact upon the basis of which, if it was accepted, a jury might infer knowledge and thus possession by the defendant as well as the principal.”

WLR Daily, 27th November 2012


Command Papers –

Posted November 30th, 2012 in parliamentary papers by tracey

Memorandum to the Home Affairs Committee and Justice Committee: post-legislative scrutiny of the Serious Crime Act 2007, Cm 8502 (PDF)


More protection for homeowners – Ministry of Justice

Posted November 30th, 2012 in bills, burglary, press releases, prosecutions by tracey

“This week the Justice Secretary Chris Grayling will bring forward legislation to give householders even greater protection from burglars, via amendments to the Crime and Courts Bill.”

Full press release

Ministry of Justice, 27th November 2012


A restorative justice system – the view from the bench – Ministry of Justice

Posted November 30th, 2012 in criminal justice, news, restorative justice by tracey

“Lawrence Kershen QC, a commercial mediator at Tooks Chambers and former Chairman of the Restorative Justice Council, discusses restorative justice in the criminal justice system. Restorative justice allows victims of crime to be given the opportunity to confront their offender and to have a say in the resolution of the offence.”

Full story

Ministry of Justice, 29th November 2012


Alcohol consultation launched – Home Office

Posted November 30th, 2012 in alcohol abuse, crime prevention, press releases by tracey

“A clampdown on binge drinking and alcohol-fuelled antisocial behaviour moved a step closer today. As part of the wider reforms to tackle irresponsible drinking, the Home Office today announced a consultation on a range of measures to cut crime, save lives and reduce alcohol consumption.”

Press release

Home Office, 28th November 2012


Leveson proposes changes to data protection law –

Posted November 30th, 2012 in data protection, media, news, public interest by tracey

“A journalists’ exemption from data protection laws should only apply when stories are in the public interest and when data processing is ‘necessary for publication’, according to Lord Justice Leveson.”

Full story, 29th November 2012


Contempt of court law consultation highlights need for social media audit in businesses, says expert –

Posted November 30th, 2012 in consultations, contempt of court, internet, news by tracey

“Businesses should analyse their social media strategies to ensure that they have accounted for the possibility that comments employees make in blogs and on social networks such as Twitter may become subject to a contempt of court action, an expert has said.”

Full story, 29th November 2012


ICO serves first fines for unlawful spam text messages by marketing firm –

Posted November 30th, 2012 in data protection, fines, news, privacy, telecommunications by tracey

“The Information Commissioner’s Office (ICO) has fined two owners of a marketing firm a total of £440,000 after it said the company had sent out ‘millions of unlawful spam texts’ in the last three years.”

Full story, 30th November 2012


Give Me Back My Money – NearlyLegal

Posted November 30th, 2012 in landlord & tenant, news, rent, repayment by tracey

“We bring you two interesting reports from the world of Rent Repayment Orders. Briefly, these stem from a power under s73 and 74 of the Housing Act 2004. These sections allow a Residential Property Tribunal to award a tenant or local authority the return of rent or housing benefits where the landlord has been operating an unlicensed HMO.”

Full story

NearlyLegal, 28th November 2012


Prison Law Bulletin – Garden Court Chambers

Posted November 30th, 2012 in elections, human rights, news, prisons by tracey

“The Garden Court Prison Law Team presents the fourth issue of its ‘Prison Law Bulletin’. ”

Issue 4 – 28 November 2012

Garden Court Chambers, 29th November 2012


The Modernisation of Family Justice: An Interview with Mr Justice Ryder – Family Law Week

Posted November 30th, 2012 in bills, family courts, judges, legal services, news by tracey

“Mr Justice Ryder is interviewed by Zimran Samuel, barrister, of 9 St John Street Chambers about the modernisation of the family justice system.”

Full story

Family Law Week, 29th November 2012



David Cameron statement in response to the Leveson Inquiry report – The Guardian

“Prime Minister delivered the statement to the House of Commons on the day that Leveson report was published.”

Full statement

The Guardian, 29th November 2012


Premier Models wins legal action against rogue booker – Daily Telegraph

Posted November 30th, 2012 in abuse of position of trust, costs, damages, fraud, news by tracey

“Premier Model Management Ltd, the former agency of Naomi Campbell, has today won its High Court legal action against male model turned booker John Bruce.”

Full story

Daily Telegraph, 29th November 2012


Met policemen cleared of making racist comments – BBC News

Posted November 30th, 2012 in complaints, freedom of expression, news, police, prosecutions, racism by tracey

“Two Metropolitan Police officers have been cleared of making racially offensive comments.”

Full story

BBC News, 29th November 2012