2012 – Page 45 – Current Awareness

Regina (Preston) v Wandsworth London Borough Council and another – WLR Daily

Posted October 30th, 2012 in EC law, elections, freedom of movement, law reports, time limits by sally

Regina (Preston) v Wandsworth London Borough Council and another [2012] EWCA Civ 1378 ; [2012] WLR (D) 295

“A British citizen who had not been resident in the United Kingdom for over 15 years could not vote in the United Kingdom parliamentary election within the meaning of section 1(3) of the Representation of the People Act 1985, as amended. The statutory rule disenfranchising a citizen who had not resided in the UK for 15 years (‘the 15 year rule’) did not infringe the freedom of European Union citizens to move to other member states of the union.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Abdulla and others v Birmingham City Council – WLR Daily

Posted October 30th, 2012 in contract of employment, employment tribunals, equal pay, law reports, local government, sex discrimination, Supreme Court, time limits by sally

Abdulla and others v Birmingham City Council [2012] UKSC 47; [2012] WLR (D) 294

“A claim in respect of the operation of an equality clause in a contract of employment could never more conveniently be disposed of by an employment tribunal, rather than a court, if the tribunal would not be able to determine the claim on its merits because the limitation period applicable in the tribunal had expired.”

WLR Daily, 24th October 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 30th, 2012 in legislation by sally

The Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 4) Order of Council 2012

The Health and Social Care Act 2012 (Consequential Amendments – the Professional Standards Authority for Health and Social Care) Order 2012

The Prosecution of Offences Act 1985 (Specified Proceedings) (Amendment No. 3) Order 2012

The Play Sufficiency Assessment (Wales) Regulations 2012

The Medical Profession (Miscellaneous Amendments) Order 2008 (Commencement No. 4) Order of Council 2012

The General Medical Council (Licence to Practise and Revalidation) Regulations Order of Council 2012

The Sea Fish (Specified Sea Areas) (Prohibition of Fishing Method) (Wales) Order 2012

The National Health Service (Primary Dental Services) (Amendments Related to Units of Dental Activity) (Wales) Regulations 2012

Source: www.legislation.gov.uk

Inquests – Garden Court Chambers Blog

Posted October 30th, 2012 in fire, inquests, news by sally

“Deirdre Malone on an inquest into the tragic deaths of family members killed in a house fire, and the lessons to be learned.”

Full story

Garden Court Chambers Blog, 30th October 2012

Source: www.gclaw.wordpress.com

Legal aid cheats targeted by Ministry of Justice – BBC News

Posted October 30th, 2012 in assets recovery, fraud, legal aid, news by sally

“Criminals who collectively owe millions of pounds in legal aid could have their assets seized under government plans.”

Full story

BBC News, 30th October 2012

Source: www.bbc.co.uk

Hillsborough shows why we need a permanent truth commission – The Guardian

Posted October 30th, 2012 in inquiries, news, victims by sally

“There’s an urgent need for independent oversight of incidents of malpractice – and the Hillsborough panel could provide a model.”

Full story

The Guardian, 29th October 2012

Source: www.guardian.co.uk

Lawyers braced for post-recession surge in divorces – Daily Telegraph

Posted October 30th, 2012 in divorce, news by sally

“Lawyers are preparing for a possible surge in the divorce rate as the economy moves out of recession.”

Full story

Daily Telegraph, 30th October 2012

Source: www.telegraph.co.uk

High Court calls for joined-up thinking on disclosure of sex offender information – UK Human Rights Blog

Posted October 30th, 2012 in appeals, criminal records, disclosure, news, sexual offences by sally

“The High Court has made an important ruling about the disclosure of information under the Child Sex Offender Disclosure Scheme (CSOD).”

Full story

UK Human Rights Blog, 29th October 2012

Source: www.ukhumanrightsblog.com

Mental health sectioning error – BBC News

Posted October 30th, 2012 in detention, doctors, legislation, mental health, news, retrospectivity by sally

“Health Secretary Jeremy Hunt says urgent retrospective legislation is needed to correct a ‘technical error’ affecting up to 5,000 patients sectioned under the Mental Health Act since 2002.”

Full story

BBC News, 29th October 2012

Source: www.bbc.co.uk

Prisoner votes: Strasbourg should give way to national independence – The Guardian

Posted October 30th, 2012 in constitutional law, courts, elections, human rights, news, parliament, prisons by sally

“The constitutional crisis predicted for years by Professor Vernon Bogdanor is upon us. He warned that the human rights reforms of the 1990s created a potential conflict between the sovereignty of parliament and the rule of law. ‘What happens if there is a clash between the two principles?’ he asked in his Magna Carta lecture of 2006. A very senior judge to whom he had posed the conundrum had replied ‘That is a question that ought not to be asked.'”

Full story

The Guardian, 29th October 2012

Source: www.guardian.co.uk

Ryan Coleman-Farrow jailed for faking rape case records – BBC News

Posted October 30th, 2012 in case management, misfeasance in public office, news, police, rape, sentencing by sally

“A former Metropolitan Police detective constable who specialised in rape cases has been sentenced to 16 months in prison for faking police records.”

Full story

BBC News, 29th October 2012

Source: www.bbc.co.uk

More offenders to meet their victims under plan to expand restorative justice – Daily Telegraph

Posted October 30th, 2012 in bills, news, restorative justice, victims by sally

“More offenders will have to meet their victims and apologise before being sentenced under a rapid expansion of restorative justice unveiled on Tuesday.”

Full story

Daily Telegraph, 30th October 2012

Source: www.telegraph.co.uk

Child benefit cuts ‘may be illegal’ – Daily Telegraph

Posted October 30th, 2012 in benefits, children, illegality, news by sally

“Cutting child benefit for middle-class parents breaks European laws by discriminating against Britons and is open to legal challenge, ministers have been told.”

Full story

Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 30th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Dixon, R. v [2012] EWCA Crim 2163 (05 October 2012)

Ferriter, R. v [2012] EWCA Crim 2211 (03 October 2012)

Matthews, R. v [2012] EWCA Crim 2154 (27 September 2012)

Williamson, R. v [2012] EWCA Crim 2114 (02 August 2012)

Court of Appeal (Civil Division)

Whiston, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1374 (25 October 2012)

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 (25 October 2012)

Preston, R (on the application of) v The Lord President of the Council [2012] EWCA Civ 1378 (25 October 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1384 (26 October 2012)

Donovan v London Borough of Barking & Dagenham [2012] EWCA Civ 1375 (26 October 2012)

AA, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1383 (26 October 2012)

Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)

The Trade Mark Licensing Co Ltd & Anor v Leofelis SA & Ors [2012] EWCA Civ 1366 (26 October 2012)

ZA & Anor v NA [2012] EWCA Civ 1396 (26 October 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 29th, 2012 in legislation by sally

The Inspectors of Education, Children’s Services and Skills Order 2012

The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012

The Police Act 1997 (Criminal Records) (Amendment No. 3) Regulations 2012

The Zootechnical Standards (England) Regulations 2012

The Crime and Disorder (Formulation and Implementation of Strategy) (Amendment) Regulations 2012

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Revocation) Order 2012

The Police Reform and Social Responsibility Act 2011 (Commencement No. 6) Order 2012

The Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment No. 2) Regulations 2012

The Police Act 1997 (Criminal Records and Registration) (Isle of Man) (Amendment No. 2) Regulations 2012

The Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment No. 2) Regulations 2012

Source: www.legislation.gov.uk

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10) – WLR Daily

Posted October 29th, 2012 in aircraft, carriage by air, compensation, delay, EC law, international law, law reports by sally

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10); [2012] WLR (D) 293

“Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Folien Fischer AG and another v Ritrama SpA (Case C-133/11) – WLR Daily

Posted October 29th, 2012 in competition, conflict of laws, EC law, jurisdiction, law reports by sally

Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292

“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk