Leveson report calls for new press law – The Guardian

“Lord Justice Leveson has recommended the introduction of the first press law in Britain since the 17th century – proposing that a statutory body such as Ofcom should take responsibility for monitoring an overhauled Press Complaints Commission.”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

Related link: An inquiry into the culture, practices and ethics of the press: report [Leveson]

Pringle v Government of Ireland and another – WLR Daily

Posted November 29th, 2012 in EC law, law reports, news, treaties by sally

Pringle v Government of Ireland and another (Case 370/12); [2012] WLR (D) 350

“Articles 4(3)TEU and 13TEU of the EU Treaty and articles 2(3)FEU, 3(1)(c) and (2)FEU, 119FEU to 123FEU and 125FEU to 127FEU of the FEU Treaty, and the general principle of effective judicial protection did not preclude the conclusion between the member states (whose currency was the euro) of an agreement such as the Treaty establishing the European stability mechanism between the Kingdom of Belgium, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Grand Duchy of Luxembourg, Malta, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic and the Republic of Finland (the ESM Treaty), concluded at Brussels on 2 February 2012, or the ratification of that Treaty by those member states.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted November 29th, 2012 in parliamentary papers by sally

Government Response to the Welsh Affairs Committee Report “Broadband Services in Wales”, Cm 8461 (PDF)

Agreement between the United Nations Educational, Scientific and Cultural Organisation and the Government of the United Kingdom concerning the Establishment and Operation of the International IHP-HELP Centre for Water Law, Policy and Science under the Auspices of UNESCO at the University of Dundee, Scotland, UK, Cm 8491 (PDF)

Source: www.official-documents.gov.uk

Online holiday site Kayak’s ‘distressing’ ad banned by ASA – The Guardian

Posted November 29th, 2012 in advertising, complaints, news, ombudsmen by sally

“The advertising watchdog has banned a TV ad from online holiday site Kayak, after more than 400 complaints said it was distressing to those who have had brain tumours and surgery.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

SodaStream ‘black’ TV ad protests regulator’s ban on original campaign – The Guardian

Posted November 29th, 2012 in advertising, appeals, complaints, demonstrations, news by sally

“SodaStream is to air a TV advert, featuring just a black screen with white text, in protest at an 11th-hour decision by regulators to ban its planned £11m campaign after an objection that it ‘denigrated’ the bottled drinks industry.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 29th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Ali v Bashir & Anor [2012] EWHC 3358 (QB) (27 November 2012)

High Court (Chancery Division)

Smith v Trafford Housing Trust [2012] EWHC 3320 (Ch) (23 November 2012)

Appleyard v Wewelwala [2012] EWHC 3302 (Ch) (23 November 2012)

Bowen Travel Ltd, Re [2012] EWHC 3405 (Ch) (08 November 2012)

JW Spear & Sons Ltd & Anor v Zynga, Inc [2012] EWHC 3345 (Ch) (28 November 2012)

High Court (Administrative Court)

Savage v United States of America [2012] EWHC 3317 (Admin) (28 November 2012)

Bonnard, R (on the application of) v The Cleveland Police Authority [2012] EWHC B24 (Admin) (16 November 2012)

Ali, R (On the Application Of) v The Secretary of State for the Home Department [2012] EWHC 3379 (Admin) (27 November 2012)

Tajik, R (on the application of) v The City of Westminster Magistrates’ Court & Ors [2012] EWHC 3347 (Admin) (27 November 2012)

Hicks, R (on the application of) v R. Court At Snaresbrook & Anor [2012] EWHC 3348 (Admin) (27 November 2012)

HS & Ors, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) & Anor [2012] EWHC 3126 (Admin) (28 November 2012)

High Court (Commercial Court)

Nakanishi Marine Co Ltd v Gora Shipping Ltd & Ors [2012] EWHC 3383 (Comm) (28 November 2012)

Yilport Konteyner Terminali Ve Liman Isletmeleri AS v Buxcliff KG & Ors [2012] EWHC 3289 (Comm) (21 November 2012)

Bord NA Mona Horticulture Ltd & Anor v British Polythene Industries Plc & Ors [2012] EWHC 3346 (Comm) (28 November 2012)

High Court (Technology and Construction Court)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc (No 2) [2012] EWHC 3365 (TCC) (28 November 2012)

Source: www.bailii.org

How Richard O’Dwyer’s love of films led to two-year struggle for liberty – The Guardian

Posted November 29th, 2012 in computer crime, copyright, extradition, human rights, internet, news by sally

“For Richard O’Dwyer, the extradition battle to decide his fate started with a knock on the door of his student room at dawn on a chill November morning in 2010 – and ended almost exactly two years later with a tweet, fresh from court.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

Judge attacks ‘genius’ prosecutors after householder confronts yobs with knife – Daily Telegraph

“A senior judge demanded to know which ‘genius’ decided to charge a householder for holding knife while protecting his home despite none of the armed yobs being arrested.”

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Daily Telegraph, 28th November 2012

Source: www.telegraph.co.uk

Newport shooting: IPCC criticises police handling of domestic abuse case – The Guardian

Posted November 29th, 2012 in assault, bail, domestic violence, firearms, local government, news, police, suicide by sally

“Report says police took too long after initial allegation of assault to arrest husband who went on to shoot wife and kill himself.”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

Court of Appeal considers whether the Enhanced Criminal Records Certificate regime infringes Article 8 – Panopticon

Posted November 29th, 2012 in appeals, criminal records, disclosure, employment, human rights, news by sally

“This week, the Court of Appeal heard the cases of R (T) v Chief Constable of the Greater Manchester Police and others and R (JB) v the Secretary of State for the Home Department. These are the latest in a series of cases challenging whether the criminal records checks regime is compatible with the Convention. Unlike previous cases, which have concerned the disclosure of “soft information” held on local police computer systems, these cases raise in stark terms the compatibility of s.113B(3)(a) of the Police Act 1997 with Article 8. This requires the disclosure of all convictions, cautions, warnings and reprimands on an Enhanced Criminal Records Certificate (‘ECRC’). In T’s case, his ECRC disclosed a warning he had been given for stealing a bicycle when he was 11. In JB’s case, her ECRC disclosed a caution for shoplifting given eight years before the check.”

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Panopticon, 28th November 2012

Source: www.panopticonblog.com

Dos and don’ts for the bill of rights commission – The Guardian

Posted November 29th, 2012 in consultations, devolution, human rights, news, reports by sally

“The commission’s report on whether the Human Rights Act should be repealed is soon due. What should be avoided?”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

Confusion over JR clampdown – LegalVoice

“Lawyers are baffled by some parts of the government’s outline for judicial review reform, and warn that other parts could ‘endanger compliance with EU law’, writes Elizabeth Davidson.”

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LegalVoice, 29th November 2012

Source: www.legalvoice.org.uk

Leveson: some of the key questions awaiting answers – The Guardian

“Lord Justice Leveson’s report is expected to cover much ground, and to set the stage for the next debate: what about the internet?”

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The Guardian, 28th November 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 29th, 2012 in legislation by sally

The Welfare Reform Act 2012 (Commencement No. 5) Order 2012

The Community Infrastructure Levy (Amendment) Regulations 2012

The County of Shropshire (Electoral Changes) Order 2012

The Registered Pension Schemes (Relevant Annuities) (Amendment) Regulations 2012

The Value Added Tax (Amendment) (No. 3) Regulations 2012

Source: www.legislation.gov.uk

New code will keep high street shoppers safe from ‘chuggers’ – The Independent

Posted November 29th, 2012 in budgets, charities, codes of practice, complaints, local government, news by sally

“So-called ‘chuggers’ or ‘street fundraisers’ are seen by many as the scourge of the high street, but a new code of conduct may see shoppers across Britain breathe a sigh of relief as it sets out to curb aggressive money collecting which has plagued the practice.”

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The Independent, 28th November 2012

Source: www.independent.co.uk

Danny Nightingale case: court of appeal to rule on jailed SAS soldier – The Guardian

“An SAS soldier who was ordered to spend 18 months in a military jail for firearms offences could be freed on Thursday when his lawyers contest the sentence in a hearing at the court of appeal.”

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The Guardian, 29th November 2012

Source: www.guardian.co.uk

UK not doing enough to combat human trafficking and domestic slavery – UK Human Rights Blog

Posted November 29th, 2012 in forced labour, human rights, news, trafficking in human beings by sally

“The European Court of Human Rights recently held that the UK was in breach of Article 4 of the European Convention on Human Rights by failing to have specific legislation in place which criminalised domestic slavery.”

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UK Human Rights Blog, 28th November 2012

Source: www.ukhumanrightsblog.com

Leveson report to be published amid intense debate on nature of regulation – The Guardian

“On what is likely to be a landmark day for politicians, the media and the police, Lord Justice Leveson’s report into the future regulation of the press will be published after a 16-month public inquiry that has seen the industry face unprecedented criticism.”

Full story

The Guardian, 29th November 2012

Source: www.guardian.co.uk