“This lecture focuses on the question of whether justice in relation to markets is entirely to be seen as being procedural – that justice is a matter of securing the conditions of non-coercive economic exchange between free individuals. Or is justice also about social justice- that is to say about the proper distribution of resources and a concern about the outcomes of markets? If justice is about social as well as procedural justice how can we arrive at criteria for distributive justice if all moral values are seen as subjective? Should we not rather see market outcomes, in the words of the economist Fred Hirsch as being ‘in principle unprincipled’?”
Transcript
Lecture by Professor the Lord Plant of Highfield
Gresham College, 29th January 2013
Source: www.gresham.ac.uk
Regina (Gallastegui) v Westminster City Council and others [2013] EWCA Civ 28; [2013] WLR (D) 45
“Sections 143 and 145 of the Police Reform and Social Responsibility Act 2011 were carefully targeted to prevent protesters camping with tents or sleeping equipment on Parliament Square Gardens, but did not generally impair freedom to protest at all. As a consequence they were not incompatible with the rights to freedom of expression and protest in articles 10 and 11 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Sincethe procedure set out in the 2011 Act allowed for access to a court, article 6 of the Convention was not engaged.”
WLR Daily, 30th January 2013
Source: www.iclr.co.uk
Regina (Redcar and Cleveland Independent Providers Association and others) v Redcar and Cleveland Borough Council [2013] EWHC 4 (Admin); [2013] WLR (D) 44
“A dispute between care providers and a local authority over the rate due for supporting the care of the elderly in care homes was amenable to judicial review.”
WLR Daily, 17th January 2013
Source: www.iclr.co.uk
Regina v B (M) [2013] EWCA Crim 3; [2013] WLR (D) 43
“Under the rule in section 1 of the Sexual Offences Act 2003, unless the defendant’s state of mind amounted to insanity in law, beliefs in consent arising from conditions such as delusional psychotic illness or personality disorders had to be judged by objective standards of reasonableness and not by taking into account a mental disorder which induced a belief which could not reasonably arise without it.”
WLR Daily, 31st February 2013
Source: www.iclr.co.uk
Twentieth Century Fox Film Corpn and others v Harris and others [2013] EWHC 159 (Ch); [2013] WLR (D) 42
“A copyright owner did not have a proprietary claim to money derived from infringement of the copyright.”
WLR Daily, February 2013
Source: www.iclr.co.uk
VTB Capital plc v Nutritek and others [2013] UKSC 5; [2013] WLR (D) 41
“Where a claimant alleged that it had been induced by the fraudulent misrepresentations of a third party to enter a contract with a company, and sought to make a contractual claim against the third party as being jointly and severally liable with the company, it was not appropriate for the court to pierce the corporate veil, even if it could do so on appropriate facts, since to do so would render the third party liable as if he had been a co-contracting party with the company when he had not, and when none of the contracting parties, including the claimant, had intended that he should be.”
WLR Daily, 6th February 2013
Source: www.iclr.co.uk
Ridgewood Properties Group Ltd and others v Valero Energy Ltd (Pannone & Partners (a firm), Part 20 defendant) [2013] EWHC 98 (Ch); [2013] WLR (D) 40
“An option in an agreement which, if taken up, would lead to a tenancy was not ‘an agreement for a tenancy’ for the purposes of section 28(1) of the Landlord and Tenant (Covenants) Act 1995. Also, conditions precedent to the grant of lease were not covenants that were part of the agreement for a tenancy nor were they comprised within landlord and tenant covenants for the purposes of section 28. Therefore, in neither case did the burden of the obligation undertaken by the vendor transfer to the purchaser by virtue of the 1995 Act.”
WLR Daily, February 2013
Source: www.iclr.co.uk
“A person’s name constitutes his or her personal data – so has held the Upper Tribunal recently in Information Commissioner v Financial Services Authority & Edem [2012] UKUT 464 (AAC).”
Full story
Panopticon, 7th February 2013
Source: www.panopticonblog.com
“The current laws on child neglect are not fit for the 21st Century and in ‘urgent’ need of reform, Britain’s most senior authority on family law warns today.”
Full story
Daily Telegraph, 7th February 2013
Source: www.telegraph.co.uk
Related link: The criminal law and child neglect: an independent analysis and proposal for reform (PDF)
“Failure to opt back in to EU criminal justice measures will hamper the UK’s ability to prosecute cross-border crime, making procedures ‘uncertain, cumbersome and fragmented’, the director of public prosecutions told peers today.”
Full story
Law Society’s Gazette, 6th February 2013
Source: www.lawgazette.co.uk
“All dogs in England will, from April 2016, have to be microchipped as part of a government attempt to cut the number of strays and make pet owners more responsible for their animals.”
Full story
The Guardian, 6th February 2013
Source: www.guardian.co.uk
“The trial of a man accused of murdering two female police officers is expected to get under way today amid one of the tightest security operations ever mounted for a British court case.”
Full story
Daily Telegraph, 7th February 2013
Source: www.telegraph.co.uk
“Some social workers, teachers and police fail to tackle sexual offending by children and teenagers because they miss signs of inappropriate behaviour, according to a report.”
Full story
BBC News, 7th February 2013
Source: www.bbc.co.uk
“‘Trial by Google’ threatens to undermine the integrity of the British jury system and ‘offends the principle of open justice’, according to the attorney general, Dominic Grieve QC.”
Full story
The Guardian, 6th February 2013
Source: www.guardian.co.uk
Applications are invited for the above position which is expected to fall vacant in about November 2013. The post involves providing advice on both substantive and procedural points of law arising in cases before the ECJ to Judge Vajda, preparing drafts of judgments and procedural documents, as well as contributing to the deliberations of the Court through written notes. The internal working language of the ECJ being French, all written work will have to be carried out almost exclusively in French. This is an important post that involves a high degree of responsibility, graded at the level of a Head of Unit (AD10 to AD14) and remunerated accordingly. It is not equivalent to the post of Judicial Assistant in the UK.
Applicants should be qualified to practice law or have taught law full time at university level, be fluent in both English and French and be fully conversant with European Union law. Familiarity with the United Kingdom legal systems would be an advantage, as would significant relevant experience of legal practice or teaching.
Applications, consisting of a CV and cover letter, together with the names and addresses of two referees who have experience of the applicant’s work over the past three years, should be submitted be email to Jacqueline Walshe on jw@curia.europa.eu and will be treated in strict confidence. Further details about conditions of employment are available on request. Deadline for receipt of applications: 8 April 2013.
