Winterbourne View abusers sentenced – Crown Prosecution Service

Posted October 29th, 2012 in abuse of position of trust, care homes, care workers, news, sentencing by sally

“11 people have been sentenced for ill-treating patients at the Winterbourne View care home near Bristol.”

Full story

Crown Prosecution Service, 26th October 2012

Source: http://blog.cps.gov.uk

Gay sperm donor told to pay child maintenance for ‘his’ two children – The Guardian

Posted October 29th, 2012 in artificial insemination, child support, news, paternity by sally

“A gay man from Essex who donated his sperm to enable a lesbian couple to have two children, but who was never named on their birth certificate and had no role in their upbringing, is being forced by the Child Support Agency to pay for their support – 13 years after the first child was born.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”

Full story

OUT-LAW.com, 26th October 2012

Source: www.out-law.com

Ad watchdog to launch crackdown on misleading internet ads – Daily Telegraph

Posted October 29th, 2012 in advertising, complaints, consumer protection, internet, news, ombudsmen by sally

“The advertising watchdog will launch a crackdown next year on businesses that run misleading internet ads that rip off consumers.”

Full story

Daily Telegraph, 27th October 2012

Source: www.telegraph.co.uk

Last quango in Paris? Why the fate of the EHRC is important for all of us – UK Human Rights Blog

Posted October 29th, 2012 in bills, human rights, jurisdiction, news by sally

“In its foreign policy, the UK Government is a keen advocate of national human rights institutions (NHRI’s). The Brighton Declaration, drafted by the UK, encourages Council of Europe States to consider ‘the establishment, if they have not already done so, of an independent National Human Rights Institution’. In June 2012 the UK signed a UN General Assembly resolution ‘Reaffirming the important role that such national institutions play and will continue to play.’”

Full story

UK Human Rights Blog, 28th October 2012

Source: www.ukhumanrightsblog.com

Prisoners to launch legal action on voting rights – The Guardian

Posted October 29th, 2012 in compensation, elections, human rights, news, prisons by sally

“Prisoners denied the right to vote are to start legal proceedings for compensation immediately in wake of the declaration by David Cameron that he will not change the law despite a ruling by the European court of human rights and the views of his senior law officer Dominic Grieve.”

Full story

The Guardian, 28th October 2012

Source: www.guardian.co.uk

Right to Manage – the Court of Appeal speaks – NearlyLegal

Posted October 29th, 2012 in appeals, housing, landlord & tenant, leases, news, service charges by sally

“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”

Full story

NearlyLegal, 27th October 2012

Source: www.nearlylegal.co.uk

Government orders building standards review – The Guardian

“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

BCL No.2: The Supreme Court addresses time limits in follow-on claims – Competition Bulletin from Blackstone Chambers

Posted October 29th, 2012 in appeals, competition, damages, news, Supreme Court, time limits by sally

“The White Paper which first proposed follow-on damages claims promised a ‘swift’ and ‘streamlined’ procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh.”

Full story

Competition Bulletin from Blackstone Chambers, 28th October 2012

Source: www.competitionbulletin.com

Use stronger snooping powers against fly tipping, watchdog urges – Daily Telegraph

“New powers to snoop on all emails, web visits and phone calls could still be used to combat minor crimes despite Government assurances, the watchdog who oversees them has said.”

Full story

Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

Ken Clarke hits back over secret courts – The Guardian

“Clarke insists that under the justice and security bill nothing currently heard in open court would be moved to closed court.”

Full story

The Guardian, 26th October 2012

Source: www.guardian.co.uk

Sex abuse: Reginald Davies jailed for 1949-1973 offences – BBC News

Posted October 26th, 2012 in child abuse, news, rape, sentencing by sally

“A former serviceman and miner who sexually assaulted four girls in south Wales between 1949 and 1973 has been jailed for 11 years.”

Full story

BBC News, 26th October 2012

Source: www.bbc.co.uk

Junior staff are ‘missing complications’ during birth leading to billions of pounds worth of claims – Daily Telegraph

Posted October 26th, 2012 in birth, hospitals, negligence, news, personal injuries by sally

“Senior staff and consultants must be available on the labour wards 24 hours a day in order to supervise junior doctors and midwives and reduce mistakes, said the report from the NHS Litigation Authority.”

Full story

Daily Telegraph, 26th October 2012

Source: www.telegraph.co.uk

Winterbourne View: Care workers jailed for abuse – BBC News

Posted October 26th, 2012 in care homes, news, sentencing by sally

“Six out of 11 care workers who admitted a total of 38 charges of neglect or abuse of patients at a private hospital have been jailed.”

Full story

BBC News, 26th October 2012

Source: www.bbc.co.uk

English GCSE: Legal action launched by schools and councils – BBC News

Posted October 26th, 2012 in examinations, judicial review, news by sally

“A group of head teachers and councils has launched legal action against the exam regulator Ofqual and two exam boards over June’s English GCSE exam.”

Full story

BBC News, 26th October 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted October 26th, 2012 in law reports by sally

Supreme Court

BCL Old Co Ltd & Ors v BASF Plc & Ors [2012] UKSC 45 (24 October 2012)

Birmingham City Council v Abdulla & Ors [2012] UKSC 47 (24 October 2012)

Rubin & Anor v Eurofinance SA & Ors [2012] UKSC 46 (24 October 2012)

Court of Appeal (Civil Division)

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

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

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

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

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

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

F (Child) [2012] EWCA Civ 1364 (24 October 2012)

Bexhill UK Ltd v Razzaq [2012] EWCA Civ 1376 (24 October 2012)

Court of Appeal (Criminal Division)

Semaj, R v [2012] EWCA Crim 2239 (24 October 2012)

High Court (Administrative Court)

X (South Yorkshire) v Secretary of State for the Home Department & Anor [2012] EWHC 2954 (Admin) (24 October 2012)

High Court (Chancery Division)

Bank of Ireland (UK) Plc v Colliers International UK Plc [2012] EWHC 2942 (Ch) (24 October 2012)

High Court (Commercial Court)

L v R [2012] EWHC 2894 (Comm) (24 October 2012)

High Court (Queen’s Bench Division)

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

McCann & Anor v Bennett [2012] EWHC 2876 (QB) (24 October 2012)

Jones & Ors v The Secretary of State for Energy And Climate Change & Anor [2012] EWHC 2936 (QB) (23 October 2012)

High Court ( (Technology and Construction Court)

ADS Aerospace Ltd v EMS Global Tracking Ltd [2012] EWHC 2904 (TCC) (24 October 2012)

Middle Level Commissioners v Atkins Ltd [2012] EWHC 2884 (TCC) (24 October 2012)

Source: www.bailii.org

Regina (Badger Trust) v Secretary of State for the Environment, Food and Rural Affairs – WLR Daily

Posted October 26th, 2012 in animals, environmental health, judicial review, law reports, licensing by sally

Regina (Badger Trust)  v  Secretary of State for the Environment, Food and Rural Affairs: [2012] EWCA Civ 1286;   [2012] WLR (D)  287

“Section 10(2)(a) of the Protection of Badgers Act 1992 empowered the Secretary of State for the Environment, Food and Rural Affairs to proceed with a policy involving a grant of licences, whereby farmers and landowners, in areas said to be the worst affected by bovine tuberculosis in England, would be allowed to carry out controlled culling of badgers.”

WLR Daily, 11th September 2012

Source: www.iclr.co.uk

Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others – WLR Daily

Posted October 26th, 2012 in administrators, insolvency, jurisdiction, law reports, retrospectivity by sally

Governor & Company of the Bank of Ireland and another v Colliers International UK plc (in administration) and others: [2012] EWHC 2942 (Ch);   [2012] WLR (D)  288

“The court had jurisdiction under paragraph 43(6) of Schedule B1 to the Insolvency Act 1986 to give permission retrospectively to institute legal proceedings against a company in administration.”

WLR daily, 24th October 2012

Source: www.iclr.co.uk

Rintisch v Eder – WLR Daily

Posted October 26th, 2012 in EC law, food, law reports, trade marks by sally

Rintisch v Eder: C-553/11;   [2012] WLR (D)  289

“Article 10(2)(a) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the member states relating to trade marks meant that the proprietor of a registered trade mark was not precluded from relying, in order to establish use of the trade mark for the purposes of that provision, on the fact that it was used in a form which differed from the form in which it was registered, without the differences between the two forms altering the distinctive character of that trade mark, even though that different form was itself registered as a trade mark. The article precluded an interpretation of a national provision intended to transpose it into domestic law whereby article 10(2)(a) did not apply to a ‘defensive’ trade mark which was registered only in order to secure or expand the protection of another registered trade mark that is registered in the form in which it was used.”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Regina (George) v Secretary of State for the Home Department – WLR Daily

Posted October 26th, 2012 in deportation, human rights, immigration, judicial review, law reports by sally

Regina (George) v Secretary of State for the Home Department: [2012] EWCA Civ 1362; [2012] WLR (D) 290

“The making of a deportation order automatically invalidated a grant of indefinite leave to remain. Revocation of the deportation order would revive the indefinite leave to remain, but in the case of a foreign criminal who could not be deported for legal reasons, the Secretary of State had power to revoke leave under section 76 of the Nationality, Asylum and Immigration Act 2002.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk