The Current Thinking of the Judiciary (PDF)
Keynote address by the Senior Presiding Judge
Bond Solon Conference on Expert Witnesses, 9th November 2012
Source: www.judiciary.gov.uk
“Secret court hearings should protect only the identity of UK intelligence officers, their sources and security material provided by foreign allies, a critical parliamentary report warns.”
The Guardian, 13th November 2012
Source: www.guardian.co.uk
Taitt v State of Trinidad and Tobago [2012] UKPC 38; [2012] WLR (D) 317
“If counsel at trial had not raised the issue of a defendant having a learning difficulty which made him unfit to plead, the Judicial Committee of the Privy Council would not consider the matter on appeal unless there had clearly been a miscarriage of justice.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Where an unaccompanied young person claimed asylum in the United Kingdom and applied to a local authority for the provision of services as a child in need under section 20 of the Children Act 1989, to determine whether that claimant was a child separate assessments were required for immigration purposes and for services from a local authority. The local authority was not bound by the finding of the Home Secretary as to the age of the claimant either under domestic or EU law.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
Iida v Stadt Ulm (Case C-40/11); [2012] WLR (D) 315
“A third-country national could only derive a right of residence from a European Union citizen in those instances provided for in Parliament and Council Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states (OJ 2004 L158, p 77), unless there was another connection with European Union provisions on citizenship.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“The High Court will determine whether a Dutch company, its managing director and two employees are liable for infringements of database rights and copyright as well as a breach of confidence after rejecting claims that the case should be heard in the Dutch courts.”
OUT-LAW.com, 12th November 2012
Source: www.out-law.com
“An international expert in the prevention of torture and inhuman treatment of prisoners is to lead an independent review into the way the death of a mentally ill man in police custody was investigated by the police watchdog.”
The Independent, 12th November 2012
Source: www.independent.co.uk
“The country’s largest local authority faces a potential bill of £757m to settle a string of equal pay claims lodged by mainly women workers, amid speculation that other councils and private sector firms could be targeted by a new wave of legal action.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
“A man who kidnapped and murdered his ex-wife in the UK before taking her body to Poland to bury it, has been jailed for life.”
BBC News, 12th November 2012
Source: www.bbc.co.uk
“There has been legislation in this country to criminalise female genital mutilation (FGM) for 27 years and not one successful prosecution. Three cases referred to the Crown Prosection Service (CPS) in the last two years had significant evidential difficulties and were not pursued. Last week the Association of Women Barristers (AWB) and the CPS held a joint seminar to address these issues.”
The Guardian, 13th November 2012
Source: www.guardian.co.uk
“Abu Qatada has won his appeal against the Home Secretary Theresa May’s refusal to revoke the fresh deportation order she issued in his case this April, following assurances she’d received from the Jordanian government about his retrial, if and when he arrives there, on terrorist offences.”
Head of Legal, 12th November 2012
Source: www.headoflegal.com
“Actor David Walliams and his model wife Lara Stone have failed to bring a harassment claim against a freelance photographer.”
The Independent, 12th November 2012
Source: www.independent.co.uk
“Special educational needs (“SEN”) cases involving residential placements are often particularly contentious: the pupil will often have (or be alleged to have) particularly significant SENs, but the local authority will be potentially facing a very large bill for such a placement. The issue has again been considered by the Upper Tribunal in London Borough of Hammersmith and Fulham v JH [2012] UKUT 328 (AAC).”
Education Law Blog, 12th November 2012
Source: www.education11kbw.com
“The radical Islamist cleric Abu Qatada has won his latest legal challenge against being sent back to Jordan where he faces allegations of plotting bomb attacks.”
The Guardian, 12th November 2012
Source: www.guardian.co.uk
Spencer v General Osteopathic Council [2012] EWHC 3147 (Admin); [2012] WLR (D) 314
“The natural meaning of the language in the Osteopaths Act 1993 pointed to a threshold for the finding of ‘unacceptable professional conduct’ which there was no reason to distinguish from ‘misconduct’ in medical and dental legislation.”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
Gülbahce v Freie und Hansestadt Hamburg (Case C-268/11); [2012] WLR (D) 313
“The first indent of article 6(1) of Decision No 1/80 of the EEC-Turkey Association Council precluded the competent national authorities from withdrawing the residence permit of a Turkish worker with retroactive effect from the point in time at which there was no longer compliance with the ground on the basis of which his residence permit had been issued under national law if there was no question of fraudulent conduct on the part of that worker and that withdrawal occurred after the completion of the period of one year of legal employment provided for in the first indent of article 6(1).”
WLR Daily, 8th November 2012
Source: www.iclr.co.uk
“Fixed-term contracts by which an employee worked on a government scheme regardless of when the scheme began or ended could not be included in any calculation of four years’ continuous employment which would otherwise allow a fixed-term employee to become a permanent employee.”
WLR Daily, 7th November 2012
Source: www.iclr.co.uk
“Lord Justice Leveson has an unenviable and, some say, impossible task: to come up with a press regulation plan that will at once preserve privacy and freedom of speech, and offer a solution to deal with the growing problem of libel in blogs and social media. So too has David Cameron when he receives Leveson’s long-awaited report at the end of this month.”
The Guardian, 11th November 2012
Source: www.guardian.co.uk
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