Elderly driving laws must be changed, says coroner, after 89-year-old dies on M40 – Daily Telegraph

Posted December 10th, 2012 in accidents, driving licences, elderly, inquests, news by sally

“A coroner has condemned driving licence laws for older drivers as ‘puny’ after an 89-year-old died following a head-on-crash as she drove the wrong way down the M40 motorway for more than ten miles.”

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Daily Telegraph, 7th December 2012

Source: www.telegraph.co.uk

Winterbourne View scandal prompts new care guidelines – The Guardian

“Ministers will on Monday order a programme of action intended to remove up to 1,500 people with learning disabilities and autism from private hospitals such as the Winterbourne View unit where a regime of abuse and humiliation was exposed.”

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The Guardian, 10th December 2012

Source: www.guardian.co.uk

Ex-SAS Officer to sue Metropolitan Police – Daily Telegraph

“A former head of the SAS’s counter-terrorist team is suing the Metropolitan Police claiming he was wrongfully accused of leaking secret intelligence reports to a journalist.”

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Daily Telegraph, 8th December 2012

Source: www.telegraph.co.uk

Leases, repairs and ‘errors’ – NearlyLegal

Posted December 10th, 2012 in landlord & tenant, leases, news, repairs by sally

“For long leases, outside the provisions of s.11 Landlord and Tenant Act 1985, the repairing obligation of the landlord is limited to the exact terms set out in the lease, as is the extent to which the landlord can recover the costs of repairs from the leaseholder. As anyone who has dealt with repairs on housing association shared ownership schemes where the housing association is itself a lessee of part of the building will know, this can be an utter nightmare, where the immediate landlord can seem to escape any repairing obligations whatsoever. But what if the lease terms themselves contain an apparent error?”

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NearlyLegal, 9th December 2012

Source: www.nearlylegal.co.uk

Judge delays ruling on brain tumour boy – The Independent

Posted December 10th, 2012 in cancer, child abduction, children, medical treatment, news, parental rights by sally

“New developments in Neon’s case lead judge to schedule return to court for later in the month.”

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The Independent, 9th December 2012

Source: www.independent.co.uk

Allowing religious gay marriages will avoid human rights challenges – UK Human Rights Blog

Posted December 7th, 2012 in equality, homosexuality, human rights, marriage, news by sally

“The Prime Minister has announced his support for gay marriage in religious institutions. Having already said, memorably, that ‘I don’t support gay marriage in spite of being a conservative. I support gay marriage because I am a conservative’, he has now gone a step further and argued that gay couples should be able to marry on religious premises. But, he also made clear, ‘if there is any church or any synagogue or any mosque that doesn’t want to have a gay marriage it will not, absolutely must not, be forced to hold it’.”

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UK Human Rights Blog, 7th December 2012

Source: www.ukhumanrightsblog.com

Diversity boost for lowest rung of judiciary – Law Society’s Gazette

Posted December 7th, 2012 in diversity, judiciary, news by sally

“A quarter of the lawyers recommended as deputy district judges (magistrates’ courts) in the most recent round of appointments were black, Asian and minority ethnic (BME), statistics released by the Judicial Appointments Commission (JAC) this week reveal.”

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Law Society’s Gazette, 7th December 2012

Source: www.lawgazette.co.uk

Sally Roberts in court over son’s cancer treatment – BBC News

Posted December 7th, 2012 in cancer, child abduction, children, medical treatment, news by sally

“A mother who ran away with her seven-year-old son has been told he could die if he does not receive cancer treatment for his brain tumour.”

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BBC News, 7th December 2012

Source: www.bbc.co.uk

Legal Academics: Forgotten Players or Interlopers? – The Hon. Mr Justice Beatson

Posted December 7th, 2012 in judgments, judiciary, lectures, legal profession by sally

Legal Academics: Forgotten Players or Interlopers? (PDF)

The Hon. Mr Justice Beatson

Inner Temple Reader’s Lecture Series, November 2012

Source: www.innertemple.org.uk

BAILII: Recent Decisions

Posted December 7th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Haq & Ors v The Audit Commission [2012] EWCA Civ 1621 (06 December 2012)

Connell v Mutch (t/a Southey Building Services) & Anor [2012] EWCA Civ 1589 (06 December 2012)

Howden North America Inc & Anor v Ace European Group Ltd & Ors [2012] EWCA Civ 1624 (06 December 2012)

High Court (Queen’s Bench Division)

Houshian v General Medical Council [2012] EWHC 3458 (QB) (06 December 2012)

Premier Model Management Led v Bruce & Ors [2012] EWHC 3509 (QB) (29 November 2012)

Less & Anor v Hussain (Rev 1) [2012] EWHC 3513 (QB) (06 December 2012)

High Court (Commercial Court)

Greatship (India) Ltd v Oceanografia SA de CV [2012] EWHC 3468 (Comm) (05 December 2012)

Source: www.bailii.org

Command Papers – official-documents.gov.uk

Posted December 7th, 2012 in parliamentary papers by sally

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Mutual Protection of Classified Information, Cm 8511 (PDF)

Exchange of Notes between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of Sweden concerning the Assumption of Responsibility for the Protection of the Diplomatic and Consular Interests of the United Kingdom Government in the Islamic Republic of Iran by the Government of the Kingdom of Sweden, Cm 8510 (PDF)

Second Amending Protocol to the Agreement concerning the European Air Group, Cm 8509 (PDF)

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Bulgaria concerning the Protection of Classified Information, Cm 8482 (PDF)

Source: www.official-documents.gov.uk

Leveson: Internet needs new privacy laws – BBC News

Posted December 7th, 2012 in freedom of expression, internet, news, privacy by sally

“Laws are needed to prevent ‘mob rule’ on the internet and ‘trial by Twitter’, Lord Justice Leveson has said.”

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BBC News, 7th December 2012

Source: www.bbc.co.uk

Okoro and another v Taylor Woodrow Construction Ltd and others – WLR Daily

Posted December 7th, 2012 in complaints, law reports, news, race discrimination, time limits by sally

Okoro and another v Taylor Woodrow Construction Ltd and others [2012] EWCA Civ 1590; [2012] WLR (D) 368

“A complaint of racial discrimination by workers arising out of a ban preventing them from entering the workplace was not presented in time under section 68(1) of the Race Relations Act 1976 after a period of three months beginning with the date on which the ban had expired.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Souglides v Tweedie and another – WLR Daily

Posted December 7th, 2012 in landlord & tenant, law reports, leases, mortgages, perpetuities, repossession by sally

Souglides v Tweedie and another [2012] EWCA Civ 1546; [2012] WLR (D) 367

“The reference in section 9(1)(a) of the Perpetuities and Accumulations Act 1964 to ‘successors in title’ referred to successors in title to the lease to which the interest being conferred by the option was reversionary. Accordingly, the successor had to be a successor to the original lessee in respect of the same title, namely that lease.”

WLR Daily, 4th December 2012

Source: www.iclr.co.uk

Court of Protection Update – Family Law Week

Posted December 7th, 2012 in Court of Protection, joinder, jurisdiction, medical treatment, news by sally

“Sally Bradley and Michael Edwards, Barristers, both of 4 Paper Buildings consider recent developments in the Court of Protection.”

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Family Law Week, 6th December 2012

Source: www.familylawweek.co.uk

Stalking: new legislation falls short – Halsbury’s Law Exchange

Posted December 7th, 2012 in harassment, news, stalking by sally

“The Government has introduced two new criminal offences aimed at stalking. Section 111 of the Protection of Freedoms Act 2012 came into force on 25 November 2012.”

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Halsbury’s Law Exchange, 6th December 2012

Source: www.halsburyslawexchange.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 7th, 2012 in legislation by sally

The Nursing and Midwifery Council (Fees) (Amendment) Rules Order of Council 2012

The Nursing and Midwifery Council (Midwives) Rules Order of Council 2012

The Controlled Foreign Companies (Excluded Territories) Regulations 2012

The Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) (Amendment) Regulations 2012

The Aircraft Operators (Accounts and Records) (Amendment) Regulations 2012

The Electricity and Gas (Energy Companies Obligation) Order 2012

The Air Passenger Duty (Amendment) Regulations 2012

The Police Act 1997 (Criminal Records) (Amendment No. 4) Regulations 2012

The Employment Rights (Increase of Limits) Order 2012

The Climate Change Agreements (Eligible Facilities) Regulations 2012

The Contracting Out (Local Authorities Social Services Functions) (England) (Amendment) Order 2012

The Housing Benefit (Amendment) Regulations 2012

The Child Maintenance and Other Payments Act 2008 (Commencement No. 10 and Transitional Provisions) Order 2012

Source: www.legislation.gov.uk

Government backs reform to regulatory appeals proposes – The Guardian

Posted December 7th, 2012 in appeals, budgets, competition, complaints, consumer protection, media, news by sally

“The ability of big companies to use armies of lawyers to prevent regulators from introducing consumer-friendly measures will be curbed after the chancellor’s autumn statement promised to make appeals quicker and easier.”

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The Guardian, 6th December 2012

Source: www.guardian.co.uk

Family fight to keep father alive in court battle – Daily Telegraph

Posted December 7th, 2012 in families, hospitals, medical treatment, news by sally

“The family of a seriously ill man have won their battle to force a hospital to keep treating him, as a judge found doctors had failed to fully credit the importance of his ‘continued existence’.”

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Daily Telegraph, 7th December 2012

Source: www.telegraph.co.uk

LIBOR administrators will be required to corroborate submissions under FSA proposals – OUT-LAW.com

Posted December 7th, 2012 in banking, consultations, financial regulation, interest, news by sally

“Clear, unambiguous rules on the administration of, and submitting to, the London Interbank Offered Rate (LIBOR) and other benchmarks will be included in the regulatory handbook, the Financial Services Authority (FSA) has said.”

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OUT-LAW.com, 6th December 2012

Source: www.out-law.com