Family Division 1 – Chancery Division 2: A consideration of Petrodel v Prest – Family Law Week

Posted November 1st, 2012 in appeals, company law, disclosure, financial provision, matrimonial home, news by sally

“Alison Burge, barrister, of Pump Court Chambers analyses the Court of Appeal’s decision in the watershed case of Petrodel v Prest.”

Full story

Family Law Week, 31st October 2012

Source: www.familylawweek.com

Supreme Court upholds US detention of Yunus Rahmatullah – UK Human Rights Blog

Posted November 1st, 2012 in appeals, detention, habeas corpus, news, rendition, Supreme Court, terrorism, treaties by sally

“The Supreme Court has ruled that the law of habeas corpus should not be used to order the US to return a Pakistani national held in US custody to the UK.”

Full story

UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted November 1st, 2012 in law reports by sally

Supreme Court

Secretary of State for Foreign and Commonwealth Affairs v Rahmatullah [2012] UKSC 48 (31 October 2012)

Prix v Secretary of State for Work and Pensions [2012] UKSC 49 (31 October 2012)

Court of Appeal (Criminal Division)

Williams v R. [2012] EWCA Crim 2162 (18 October 2012)

Court of Appeal (Civil Division)

Cairns v Modi [2012] EWCA Civ 1382 (31 October 2012)

Totel Ltd, R (On the Application Of) v The First-Tier Tribunal (Tax Chamber) & Anor [2012] EWCA Civ 1401 (31 October 2012)

G (A Child), Re [2012] EWCA Civ 1377 (31 October 2012)

Curati v Perdoni & Anor [2012] EWCA Civ 1381 (31 October 2012)

High Court (Chancery Division)

Ross River Ltd & Anor v Waverly Commercial Ltd & Anor [2012] EWHC 3006 (Ch) (09 October 2012)

High Court (Administrative Court)

Faniyi v Solicitors Regulation Authority [2012] EWHC 2965 (Admin) (26 October 2012)

J, R (on the application of) v The Chief Constable of Devon & Cornwall [2012] EWHC 2996 (Admin) (26 October 2012)

High Court (Queen’s Bench Division)

Ismail & Anor v News Group Newspapers Ltd [2012] EWHC 3056 (QB) (31 October 2012)

Ali v Bashir & Anor [2012] EWHC 3007 (QB) (30 October 2012)

Source: www.bailii.org

Secret courts plan may be incompatible with Human Rights Act says watchdog – The Guardian

Posted November 1st, 2012 in bills, civil justice, closed material, human rights, news, private hearings by sally

“The government’s plans for a new generation of secret courts faced a fresh setback on Wednesday when its own human rights watchdog warned the proposals could be incompatible with the law”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

Asylum seekers continue to be stigmatised by the British press – The Guardian

Posted November 1st, 2012 in asylum, complaints, immigration, media, news by sally

“‘Soft-touch Britain: the asylum capital of Europe’; ‘Refugees made our lives hell too, say neighbours’; and “DNA test for bogus refugees scrapped as expensive flop”. All are headlines that have appeared recently in the UK press, despite it now being almost a decade since the Press Complaints Commission first heard from charities on why coverage like this should stop. And despite it now being almost a decade since the PCC issued guidance to address what it agreed was widespread inaccurate reporting.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

The 21st Century Coroner – UK Human Rights Blog

Posted November 1st, 2012 in coroners, inquests, judges, news by sally

“The Coroners and Justice Act 2009 has created the office of Chief Coroner, plucked at the very last minute from the Coalition’s ‘bonfire of the quangos’. On Friday, the first Chief Coroner, His Honour Judge Peter Thornton QC, delivered The Howard League for Penal Reform’s 2012 Parmoor Lecture.”

Full story

UK Human Rights Blog, 31st October 2012

Source: www.ukhumanrightsblog.com

Leniency for legal whistleblowers – Law Society’s Gazette

Posted November 1st, 2012 in consultations, news, penalties, professional conduct, solicitors, whistleblowers by sally

“Whistleblowers involved in misconduct will face more lenient penalties under proposals being considered by the Solicitors Regulation Authority.”

Full story

Law Society’s Gazette, 31st October 2012

Source: www.lawgazette.co.uk

Yunus Rahmatullah: the US and UK caught committing a crime together – The Guardian

“A UK supreme court ruling on the unlawful detention of Yunus Rahmatullah exposes the complicity of Britain with the US.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

“Legal highs” mexxy and black mamba banned by government – BBC News

Posted November 1st, 2012 in crime, drug offences, health, news by sally

“Two substances which are said to give users dangerous ‘legal highs’ are to be made illegal class B drugs – with users facing up to five years in jail.”

Full story

BBC News, 1st November 2012

Source: www.bbc.co.uk

MPs call communications data bill ‘honeypot for hackers and criminals’ – The Guardian

“The home secretary, Theresa May, has been told by peers and MPs that her £1.8bn internet monitoring proposals will be a ‘honeypot for hackers and criminals around the world’ and that she must bring in prison sentences for those who hack databases.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

Harriet Atkinson ‘disgusted’ over CPS witness error – BBC News

Posted November 1st, 2012 in courts, Crown Prosecution Service, news, witnesses by sally

“A woman has said she feels let down after the trial of a man accused of attacking her was halted because of a mistake by prosecutors.”

Full story

BBC News, 31st October 2012

Source: www.bbc.co.uk

Aftermath of panel reviews – Law Society’s Gazette

Posted November 1st, 2012 in banking, conveyancing, mortgages, news, solicitors by sally

“It is said that there are more questions on the application form to be a member of a lender’s conveyancing panel than there are to join MI5. Whether or not that is true, it is clear that if you want to do a good job for your homebuying clients, and act for lenders as well as your clients in any conveyancing transaction, chances are you will have to go through onerous vetting procedures now required by banks and building societies to be on their panels of approved solicitors.”

Full story

Law Society’s Gazette, 1st November 2012

Source: www.lawgazette.co.uk

Watchdog warns over secret hearings – The Independent

“Government plans to extend the use of secret hearings in courts are not compatible with the Human Rights Act, the equalities watchdog has said.”

Full story

The Independent, 31st October 2012

Source: www.independent.co.uk

Baby P father’s libel award over rape claim error is cut to £50,000 – The Independent

“The natural father of Baby P who was falsely accused of having been convicted of raping a 14-year-old girl has had a libel award of £75,000 cut to £50,000.”

Full story

The Independent, 31st October 2012

Source: www.independent.co.uk

Lalit Modi loses appeal against £90,000 libel award to Chris Cairns – The Guardian

Posted October 31st, 2012 in appeals, damages, defamation, news, sport by sally

“An appeal against a £90,000 libel award to former New Zealand cricket captain Chris Cairns over an accusation of match-fixing has failed.”

Full story

The Guardian, 31st October 2012

Source: www.guardian.co.uk

Supreme Court judgment: Prix v Work and Pensions Secretary – Head of Legal

Posted October 31st, 2012 in appeals, benefits, citizenship, EC law, freedom of movement, news, sex discrimination by sally

“In what amounts to a defeat for the government, the Supreme Court has decided in this case to refer to the European Court of Justice questions on the interpretation of the EU Citizenship Directive, 2004/38.”

Full story

Head of Legal, 31st October 2012

Source: www.headoflegal.com

UK Tour Lawcast #1: Andrew Hopper QC on the regulation of solicitors by the SRA – Charon QC

“Today I talk with Andrew Hopper QC about the regulatory framework for solicitors, the Code of Practice, the strengths and shortcomings of the Solicitors regulation Authority and the need for legal education to be improved with good training for prospective lawyers in ethics – the morals and not simply the rules.”

Podcast

Charon QC, 31st October 2012

Source: www.charonqc.wordpress.com

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

Recent Statutory Instruments – legislation.gov.uk

Posted October 31st, 2012 in legislation by sally

The Civil Legal Aid (Immigration Interviews) (Exceptions) Regulations 2012

The Civil Legal Aid (Family Relationship) Regulations 2012

The Civil Legal Aid (Prescribed Types of Pollution of the Environment) Regulations 2012

The Occupational and Personal Pension Schemes (Automatic Enrolment) (Amendment) (No. 3) Regulations 2012

The Charitable Incorporated Organisations (Consequential Amendments) Order 2012

Source: www.legislation.gov.uk

Yunus Rahmatullah: Supreme Court upholds detention – BBC News

“The UK Supreme Court has ruled against a legal charity which argued a Pakistani national in US custody should be handed over to the UK.”

Full story

BBC News, 31st October 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 31st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Crocs Europe BV v Anderson & Anor (t/a Spectrum Agencies) [2012] EWCA Civ 1400 (30 October 2012)

McCarrick v Hunter [2012] EWCA Civ 1399 (30 October 2012)

Joyce v Epsom and Ewell Borough Council [2012] EWCA Civ 1398 (30 October 2012)

High Court (Queen’s Bench Division)

Gregory v Benham [2012] EWHC 2971 (QB) (26 October 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 2958 (QB) (26 October 2012)

High Court (Chancery Division)

Oraki & Anor v Dean & Dean (a firm) & Anor [2012] EWHC 2885 (Ch) (23 October 2012)

Lawie v Lawie & Ors [2012] EWHC 2940 (Ch) (26 October 2012)

Taylor v Diamond [2012] EWHC 3008 (Ch) (29 October 2012)

High Court (Administrative Court)

Toufighy & Anor, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3004 (Admin) (30 October 2012)

Ali v London Borough of Newham [2012] EWHC 2970 (Admin) (30 October 2012)

High Court (Commercial Court)

Bominflot Bunkergesellschaft fur Mineralole mbH & Co v Petroplus Marketing AG [2012] EWHC 3009 (Comm) (30 October 2012)

High Court (Technology and Construction Court)

Denness & Anor v East Hampshire District Council [2012] EWHC 2951 (TCC) (30 October 2012)

Source: www.bailii.org