BAILII: Recent Decisions

Posted November 8th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Zinga & Anor v R [2012] EWCA Crim 2357 (07 November 2012)

Harriott v R [2012] EWCA Crim 2294 (07 November 2012)

Jones & Ors v R [2012] EWCA Crim 2356 (07 November 2012)

JM & Anor, R v [2012] EWCA Crim 2293 (07 November 2012)

T v R [2012] EWCA Crim 2358 (07 November 2012)

Court of Appeal (Civil Division)

Winfield v Secretary of State for Communities & Local Government [2012] EWCA Civ 1415 (07 November 2012)

Hudson v Department for Work and Pensions [2012] EWCA Civ 1416 (07 November 2012)

Kadri, R (on the application of) v Birmingham City Council & Anor [2012] EWCA Civ 1432 (07 November 2012)

G (Children) [2012] EWCA Civ 1434 (07 November 2012)

K (Children) [2012] EWCA Civ 1433 (07 November 2012)

High Court (Queen’s Bench Division)

Swan Housing Association Ltd v Gill [2012] EWHC 3129 (QB) (07 November 2012)

Stevenson & Anor v Singh & Ors [2012] EWHC 2880 (QB) (06 November 2012)

High Court (Chancery Division)

Vigeland v Ennismore Fund Management Ltd & Anor [2012] EWHC 3099 (Ch) (07 November 2012)

High Court (Administrative Court)

OA, R (on the application of) v Secretary of State for Home Department [2012] EWHC 3128 (Admin) (07 November 2012)

High Court (Family Division)

Y v Y [2012] EWHC 2063 (Fam) (27 June 2012)

P v P [2012] EWHC 1733 (Fam) (30 May 2012)

Z v A [2012] EWHC 1434 (Fam) (09 May 2012)

High Court (Commercial Court)

Saltri III Ltd v MD Mezzanine SA Sicar & Ors [2012] EWHC 3025 (Comm) (07 November 2012)

Wuhan Ocean Economic & Technical Cooperation Company Ltd & Ors v Schiffahrts-Gesellschaft “Hansa Murcia” MBH & Co KG [2012] EWHC 3104 (Comm) (06 November 2012)

Source: www.bailii.org

Charon UK Tour Report #6: Professor Moorhead on legal ethics – Charon QC

Posted November 8th, 2012 in legal profession, news, professional conduct by sally

“Today, I am at University College London talking with Professor Richard Moorhead, Professor of Law and Professional Ethics.”

Podcast

Charon QC, 7th November 2012

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Legal aid: Chris Grayling orders probe – BBC News

Posted November 8th, 2012 in extradition, legal aid, news, terrorism by sally

“An ‘immediate examination’ of the legal aid system has been ordered by Justice Secretary Chris Grayling.”

Full story

BBC News, 7th November 2012

Source: www.bbc.co.uk

Hugh Barrett: ‘We’re expecting test cases.’ – LegalVoice

Posted November 8th, 2012 in legal aid, legal services, Ministry of Justice, news by sally

“Next April represents a seismic shift in the legal aid world. It’s not only the LASPO cuts but the Legal Services Commission is going to be subsumed into the Ministry of Justice. Jon Robins speaks to Hugh Barrett, director of legal aid commissioning and contract management at the LSC.”

Full story

LegalVoice, 7th November 2012

Source: www.legalvoice.org.uk

Watchdog Ofqual queries text book links to exam boards – BBC News

Posted November 8th, 2012 in conflict of interest, education, examinations, news, publishing by sally

“The publication or endorsement of text books by exam boards has been questioned by England’s exams watchdog Ofqual.”

Full story

BBC News, 7th November 2012

Source: www.bbc.co.uk

Command Papers – official-documents.gov.uk

Posted November 7th, 2012 in parliamentary papers by sally

Government Response to the Intelligence and Security Committee’s Annual Report 2011-2012, Cm 8455 (PDF)

Treaty of Amity and Cooperation in Southeast Asia, as amended by the First Protocol amending the Treaty of Amity and Cooperation in Southeast Asia, 1987, the Second Protocol amending the Treaty of Amity and Cooperation in Southeast Asia, 1998 and the Third Protocol amending the Treaty of Amity and Cooperation in Southeast Asia, 2010, Cm 8472 (PDF)

Source: www.official-documents.gov.uk

Daily Telegraph access

Posted November 7th, 2012 in fees, media, news by sally

The Daily Telegraph have recently introduced a limited paywall for readers overseas. Users outside the UK will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Recent Statutory Instruments – legislation.gov.uk

Posted November 7th, 2012 in legislation by sally

The Police and Crime Commissioner Elections (Welsh Forms) Order 2012

The NHS Bodies (Transfer of Trust Property) Order (No. 2) 2012

The Nursing and Midwifery Council (Education, Registration and Registration Appeals) (Amendment) Rules Order of Council 2012

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation (No. 2) Order 2012

The Value Added Tax (Place of Supply of Services) (Transport of Goods) Order 2012

The Education (Wales) Measure 2011 (Commencement No. 1) Order 2012

The Collaboration Between Education Bodies (Wales) Regulations 2012

The Local Policing Bodies (Consequential Amendments and Transitional Provision) Order 2012

The Local Policing Bodies (Consequential Amendments No. 2) Regulations 2012

The Energy Act 2004 (Amendment) Regulations 2012

The Employment and Support Allowance (Sanctions) (Amendment) Regulations 2012

The Nursing and Midwifery Council (Constitution) (Amendment) Order 2012

The Industrial Injuries Benefit (Injuries arising before 5th July 1948) Regulations 2012

The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012

Source: www.legislation.gov.uk

Human rights victory for BNP bus driver – UK Human Rights Blog

“The BNP has been a relentless opponent of Human Rights Act and its manifesto for the 2010 General Election made no less than three separate declarations of its intention to scrap the Act and abrogate the European Convention of Human Rights which it described charmingly as being, ‘exploited to abuse Britain’s hospitality by the world’s scroungers.'”

Full story

UK Human Rights Blog, 6th November 2012

Source: www.ukhumanrightsblog.com

Policies or Aims, Obnoxious or Otherwise – Employment Law Blog

“The European Court of Human Rights today released its judgment in the case of Redfearn v UK, and held that the UK had failed through its domestic law adequately to protect the right of Mr Redfearn, a British National Party councillor, to freedom of association under Article 11 of the European Convention on Human Rights.”

Full story

Employment Law Blog, 6th November 2012

Source: www.employment11kbw.com

When is Supreme better than Grand? – One Inner Temple Lane

Posted November 7th, 2012 in hearsay evidence, news, precedent, Supreme Court by sally

“With its recent twin judgements of R v Riat & Others [2012] EWCA Crim 1509 and R v Ibrahim [2012] EWCA Crim 837 the Court of Appeal have finally dealt with the fallout from the long running spat over the correct approach to hearsay evidence which had been taking place between the British and European courts.”

Full story

One Inner Temple Lane, 7th November 2012

Source: www.1itl.com

Assignment & Organised Grouping: Where Does The Law Currently Stand? – Hardwicke Chambers

“This paper concerns part of TUPE1 regulation 4(1) and regulation 3(3)(a). There’s a summary of the main points at the end of it, on page 7.”

Full story

Hardwicke Chambers, 2nd November 2012

Source: www.hardwicke.co.uk

Fitness to Practice, Integrity: should you be able to buy a used car from this person? – 11 KBW

Posted November 7th, 2012 in financial advice, fraud, legal profession, mortgages, news, professional conduct by sally

“An important function for regulators of the professions is to ensure that the ‘wrong’ people do not tarnish the reputation and standing of their peers. In this paper, I shall discuss some recent examples of professional misconduct, and identify some common threads between different regulatory regimes”

Full story (PDF)

11 KBW, 31st October 2012

Source: www.11kbw.com

Hearing Denis MacShane’s expenses letters in court ‘would breach his rights’ – Daily Telegraph

Posted November 7th, 2012 in expenses, fraud, human rights, news, parliamentary privilege, professional conduct by sally

“Denis MacShane’s letters admitting expenses abuses cannot be used against him in court because it would breach his rights as an MP, parliament’s standards watchdog has said.”

Full story

Daily Telegraph, 6th November 2012

Source: www.telegraph.co.uk

Foreign Secretary v Rahmatullah: Reprieve’s dodgy press release – Head of Legal

Posted November 7th, 2012 in Afghanistan, habeas corpus, human rights, news, rendition, Supreme Court by sally

“Last Wednesday the Supreme Court gave judgment in this case in which Yunus Rahmatullah, who’s being held by American forces in Afghanistan, applied for habeas corpus against the British government.”

Full story

Head of Legal, 6th November 2012

Source: www.headoflegal.com

Miners’ Knee Litigation: Judgment in the Court of Appeal – 4 New Square

Posted November 7th, 2012 in delay, industrial injuries, limitations, miners, negligence, news by sally

“On 25 October 2012, the Court of Appeal handed down judgment in the Miners’ Knee Group Litigation. This is the latest determination of the appellate courts on issues of limitation arising in group actions and follows the recent decision of the Supreme Court in the Atomic Veterans Litigation earlier this year.”

Full story (PDF)

4 New Square, 1st November 2012

Source: www.4newsquare.com

McRoberts v McRoberts – WLR Daily

Posted November 7th, 2012 in bankruptcy, divorce, family courts, insolvency, law reports by sally

McRoberts v McRoberts [2012] EWHC 2966 (Ch); [2012] WLR (D) 305

“If review or modification of an obligation imposed in matrimonial proceedings was not within the jurisdiction of the matrimonial courts under the Matrimonial Causes Acts, then s 281(5) of the Insolvency Act 1986 should not be deployed to supply some additional basis of review. When exercising its discretion under s 281(5) to release a bankrupt from bankruptcy debt, the question the court had to ask was whether, accepting that the obligation’s imposition was justified, there was any real prospect of it being satisfied now or in the future and whether its release was necessary to enable or at least substantially assist the discharged bankrupt to re-establish himself.”

WLR Daily, 1st November 2012

Source: www.iclr.co.uk

Ched Evans refused appeal against rape conviction – BBC News

Posted November 7th, 2012 in appeals, news, rape by sally

“Footballer Ched Evans has lost the right to appeal against his conviction for rape.”

Full story

BBC News, 6th November 2012

Source: www.bbc.co.uk

Education Committee calls for earlier use of care proceedings – Family Law Week

Posted November 7th, 2012 in child abuse, child neglect, news, reports, young persons by sally

“The House of Commons Education Committee’s report Children first: the child protection system in England calls for earlier intervention by local authorities to prevent abuse to and neglect of children.”

Full story

Family Law Week, 7th November 2012

Source: www.familylawweek.com

Sorting out extradition and prisoner voting – BBC Law in Action

Posted November 7th, 2012 in elections, extradition, human rights, news, prisons by sally

“Joshua Rozenberg considers how the tension between politicians’ wishes and what the law requires is likely to be resolved in two highly controversial areas of government policy: extradition and the right of prisoners to vote.”

Listen

BBC Law in Action, 6th November 2012

Source: www.bbc.co.uk