“A sixth form pupil accused of hacking into his school computer system and attempting to do it again two months later has been found guilty.”
BBC News, 2nd November 2012
Source: www.bbc.co.uk
“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”
UK Human Rights Blog, 3rd November 2012
Source: www.ukhumanrightsblog.com
“BSkyB has won a high court trademark battle over the name of its new internet TV service, Now TV.”
The Guardian, 2nd November 2012
Source: www.guardian.co.uk
“In Bhardwaj v First Division Association and others, UKEAT/ 0157 & 0158/11/2T, Judgment on 1 November 2012, the EAT (Wilkie J presiding) held that, although one of the circumstances complained of may have required the ET members to have recused themselves on grounds of ‘apparent bias’, had such an application been made, in fact, the agreement of the parties, including the Appellant, that the hearing should continue, notwithstanding the revelation of those circumstances, was effective to act as a waiver of any such ‘apparent bias’ and so the hearing of the claims by the ET, as then constituted, was lawful and effective.”
Employment Law Blog, 2nd November 2012
Source: www.employment11kbw.com
“A plant nursery forced to destroy 50,000 ash trees is suing the government for failing to block imports of the tree sooner.”
The Guardian, 5th November 2012
Source: www.guardian.co.uk
“Injured workers will be forced to prove that their employer was directly to blame for their accident before they are eligible for compensation under tough new legislation which critics allege will scale back workers’ rights to those of ‘Victorian times’.”
The Independent, 3rd November 2012
Source: www.independent.co.uk
“The UK government has been blocked from resuming the transfer of detainees caught in Afghanistan by UK forces to the Afghan authorities.”
BBC News, 2nd November 2012
Source: www.bbc.co.uk
Related link: Document released in court by MoD
“Bilston is the latest institution to have its licence to sponsor overseas students withdrawn.”
The Guardian, 2nd November 2012
Source: www.guardian.co.uk
“A freight distribution manager who hid more than 14 million cigarettes in refrigerated lorries carrying fruit and vegetables, to evade an estimated £2.5 million in duty and VAT, has been jailed, according to HM Revenue and Customs (HMRC).”
The Independent, 2nd November 2012
Source: www.independent.co.uk
“A man was jailed for a minimum of 17 years on Friday after being found guilty of the murder of a two-year-old boy.”
The Guardian, 2nd November 2012
Source: www.guardian.co.uk
“A man who fatally stabbed a retired teacher and a vicar at their homes in attacks six weeks apart has been jailed for life and told he will never be released.”
The Guardian, 2nd November 2012
Source: www.guardian.co.uk
“When you are speaking to someone face to face you are free to say something grossly offensive to them, or even to shout it out so that anyone within earshot can hear. It’s not a crime. Section 5 of the Public Order Act 1986 states that it doesn’t matter whether you let loose your volley of invective in front of someone who is likely to be insulted by it, or even offended by it, provided they are not likely to have been caused harassment, alarm or distress.”
Halsbury’s Law Exchange, 2nd November 2012
Source: www.halsburyslawexchange.com
“A taxpayer was entitled to appeal from the First-tier Tribunal to the Upper Tribunal against a decision that it would not suffer hardship if required to pay assessed value added tax before an appeal against the assessment could be heard. The right of appeal against hardship decisions had not been abolished by section 84(3C) of the Value Added Tax Act 1994 as the insertion of section 84(3C) by paragraph 221(5) of Schedule 1 to the Transfer of Tribunal Functions and Revenue and Customs Appeals Order 2009 was ultra vires section 124 of the Finance Act 2008.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
Cairns v Modi; KC v MGN Ltd [2012] EWCA Civ 1382; [2012] WLR (D) 302
“When breaking down the details of an award of damages in a defamation case there was no need to introduce a more analytical reasoning process founded on the three broad bands of compensation for injury to feelings in the context of sex and race discrimination cases.”
WLR Daily, 31st October 2012
Source: www.iclr.co.uk
For a long time family lawyers and the family courts have made the best of the creaking mechanism for financial provision that is the Matrimonial Causes Act 1973 (MCA 1973) (much amended…). Procedural changes are made but in terms of the interpretation of the MCA 1973 itself, case law is king. The family courts “make do and mend” so that the nearly 40-year-old primary legislation is fit for purpose. But the Court of Appeal last week decided that that the company law case of Salomon v A Salomon and Company, Limited [1897] AC 22 applies as much in the disposition of ancillary relief proceedings as in other proceedings.
Halsbury’s Law Exchange, 1st November 2012
Source: www.halsburyslawexchange.co.uk
“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse October’s financial remedies and divorce news and cases.”
Family Law Week, 1st November 2012
Source: www.familylawweek.com
“Why do judges disagree and publish their disagreements when cases get decided? After all, the Cabinet does not do so (openly at least), and our FTSE 100 companies do not generally do so, when their executives propose a merger or launch a new product. Surely, judicial dissent is a recipe for diminishing the authority of the majority answer, and an invitation to self-indulgence on the part of the minority to re-fight lost and irrelevant battles.”
Legal Week, 1st November 2012
Source: www.legalweek.com
“Ken Clarke’s sentencing reforms could still fuel a 2,000-strong cut in the record prison population in England and Wales, according to official projections.”
The Guardian, 1st November 2012
Source: www.guardian.co.uk
“Children from the UK will now have international protection if they move to another country outside the European Union. The 1996 Hague Convention will be in force from today meaning the public can be assured that countries which have opted in to the treaty will uphold and enforce a court order involving the protection of a child.”
Ministry of Justice, 1st November 2012
Source: www.justice.gov.uk
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