Year: 2012
Secretary of State for Work and Pensions v Czop and another – WLR Daily
“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”
WLR Daily, 6th September 2012
Source: www.iclr.co.uk
Insurance fraud register launched to aid crackdown on fake claims – OUT-LAW.com
“Individuals that make false insurance claims will have their details added and stored on a new ‘Insurance Fraud Register’ (IFR) for five years in a bid by the insurance industry to crackdown on fraudsters.”
OUT-LAW.com, 13th September 2012
Source: www.out-law.com
Sir Bill Callaghan: ‘Rumours of legal aid’s death much exaggerated’ –
” ‘There is still a lot of money going into legal aid,’ insisted Sir Bill Callaghan, the chair of the Legal Services Commission yesterday at the international research conference held by the Legal Services Research Centre.”
LegalVoice, 13th September 2012
Source: www.legalvoice.org.uk
Forced Marriage and the Criminal Law – Family Law Week
“Charlotte Rachael Proudman, barrister, provides an overview of the Government’s proposed changes to the law intended to combat forced marriage.”
Family Law Week, 13th September 2012
Source: www.familylawweek.co.uk
CPS publishes advice on prosecuting journalists over illicit newsgathering – The Guardian
“The Crown Prosecution Service has published its final guidelines on the prosecution of journalists over illicit newsgathering methods, with so-called ‘fishing expeditions’ to face closer scrutiny.”
The Guardian, 13th September 2012
Source: www.guardian.co.uk
Hillsborough: South Yorkshire Police consider IPCC referral – BBC News
“South Yorkshire Police is reopening investigations into the force’s conduct over the 1989 Hillsborough disaster. The force is considering referring itself to the Independent Police Complaints Commission (IPCC).”
BBC News, 14th September 2012
Source: www.bbc.co.uk
Payout for sacked workers may be cut – Daily Telegraph
“Ministers will today announce a consultation on reducing the upper limit on compensation payments for unfair dismissal from its current level of more than £72,000.”
Daily Telegraph, 13th September 2012
Source: www.telegraph.co.uk
‘Stop and detain’ counter-terrorism powers may be scaled back – The Guardian
“Moves to scale back the most widely drawn counter-terrorism powers left in the police ‘stop and search’ armoury have been initiated by the home secretary, Theresa May.”
The Guardian, 13th September 2012
Source: www.guardian.co.uk
Consultation on schedule 7 powers launched – Home Office
“The public are being asked for their views on the operation of important border security powers in a consultation launched by the home office today.”
Home Office, 13th September 2012
Source: www.homeoffice.gov.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (12 September 2012)
KA (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1183 (12 September 2012)
High Court (Administrative Court)
General Medical Council v Srinivas [2012] EWHC 2513 (Admin) (11 September 2012)
Source: www.bailii.org
In re Proceedings against Lopes Da Silva Jorge – WLR Daily
In re Proceedings against Lopes Da Silva Jorge: (Case C-42/11); [2012] WLR (D) 263
“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”
WLR Daily, 5th September 2012
Source: www.iclr.co.uk
LSB publishes a discussion paper which sets out a range of indicators that aim to baseline access to justice and monitor how it changes over time – Legal Services Board
“LSB publishes a discussion paper which sets out a range of indicators that aim to baseline access to justice and monitor how it changes over time.”
Legal Services Board, 12th September 2012
Source: www.www.legalservicesboard.org.uk
