Mental health ‘excuse’ to sign off abortions – Daily Telegraph

Posted February 4th, 2013 in abortion, medical ethics, mental health, news by tracey

“Doctors are routinely bending the law to allow women to have abortions on questionable mental-health grounds, the head of Britain’s biggest abortion provider has said.”

Full story

Daily Telegraph, 4th February 2013

Source: www.telegraph.co.uk

UK military interrogation method lawful, High Court says – BBC News

Posted February 4th, 2013 in armed forces, human rights, imprisonment, Iraq, news by tracey

“The use of a ‘verbal short sharp shock’ on prisoners interrogated by British troops is lawful, judges have decided.”

Full story

BBC News, 1st February 2013

Source: www.bbc.co.uk

Fraud reporting change criticised – BBC News

Posted February 4th, 2013 in fraud, news, police, victims by tracey

“Victims of fraud across the UK will be told to contact the Home Office agency Action Fraud rather than their local force from 1 April. The government says this will create a central record which can then be used to combat the most serious criminals.The police will only respond to fraud directly if an immediate response is needed via a 999 call.Critics of the new system say this means only major fraud cases will now be investigated.”

Full story

BBC News, 2nd February 2013

Source: www.bbc.co.uk

Anonymous teenage hacker spared jail over cyber attacks – The Guardian

Posted February 1st, 2013 in computer crime, conspiracy, news, sentencing, young offenders by tracey

“A ‘profoundly isolated’ teenage hacker has been given a youth rehabilitation order for his role in planning cyber attacks with the hacking group Anonymous.”

Full story

The Guardian, 1st February 2013

Source: www.guardian.co.uk

April Casburn jailed for News of the World leak offer – BBC News

Posted February 1st, 2013 in interception, media, misfeasance in public office, news, police, sentencing by tracey

“The first person to be prosecuted as part of the investigation into payments by journalists to officials has been sentenced to 15 months in prison.”

Full story

BBC News, 1st February 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 1st, 2013 in law reports by tracey

Court of Appeal (Civil Division)

EU (Afghanistan) & Ors v Secretary of State for the Home Department [2013] EWCA Civ 32 (31 January 2013)

LH (Nigeria) & Anor v Secretary of State for the Home Department [2013] EWCA Civ 26 (30 January 2013)

Court of Appeal (Criminal Division)

Druce v R. [2013] EWCA Crim 40 (31 January 2013)

High Court (Chancery Division)

A & E Television Networks LLC & Anor v Discovery Communications Europe Ltd [2013] EWHC 109 (Ch) (01 February 2013)

St Anselm Development Company Ltd v Slaughter and May (A Firm) [2013] EWHC 125 (Ch) (01 February 2013)

Lissack v Manhattan Loft Corporation Ltd [2013] EWHC 128 (Ch) (31 January 2013)

GKN Holdings Plc & Ors v Inland Revenue & Anor [2013] EWHC 108 (Ch) (31 January 2013)

Pavledes & Anor v Hadjisavva & Anor [2013] EWHC 124 (Ch) (31 January 2013)

High Court (Commercial Court)

Bunge SA v Nidera BV [2013] EWHC 84 (Comm) (29 January 2013)

High Court (Family Division)

S v D & E [2013] EWHC 134 (Fam) (31 January 2013)

Source: www.bailii.org.uk

Hackney London Borough Council v Sivanandan and others – WLR Daily

Hackney London Borough Council v Sivanandan and others: [2013] EWCA Civ 22;   [2013] WLR (D)  34

“The employment tribunal had not erred in law when, on a complaint of victimisation, it made an award of compensation against an employer which was much larger than an award it had already made against the employer’s employee at an earlier remedy hearing in which the employer had not taken part.”

WLR Daily, 29th January 2013

Source: www.iclr.co.uk

Regina (Ali and others) v Secretary of State for Justice – WLR Daily

Posted February 1st, 2013 in compensation, judicial review, law reports, miscarriage of justice by tracey

Regina (Ali and others) v Secretary of State for Justice: [2013] EWHC 72 (Admin);   [2013] WLR (D)  35

“A useful test to determine whether an individual, whose conviction had been quashed on the basis of new evidence, qualified for compensation under section 133 of the Criminal Justice Act 1988 on the ground of miscarriage of justice, was whether he had established, beyond reasonable doubt, that no reasonable jury (or magistrates) properly directed as to the law, could convict on the evidence now to be considered.”

WLR Daily, 25th January 2013

Source: www.iclr.co.uk

Wolkowicz and others v Polish Judicial Authority and another – WLR Daily

Posted February 1st, 2013 in adjournment, appeals, EC law, extradition, law reports, mental health by tracey

Wolkowicz and others v Polish Judicial Authority and another: [2013] EWHC 102 (Admin);  [2013] WLR (D)  36

“Although section 25 of the Extradition Act 2003 should be interpreted, wherever possible, to achieve the results sought by article 23(4) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant, it nevertheless gave express power to discharge and was not limited to a temporary postponement save in exceptional cases.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Regina v Kenny – WLR Daily

Regina v Kenny: [2013] EWCA Crim 1;   [2013] WLR (D)  37

“Neither authority nor principle required that the offence of perverting the course of justice was confined to acts which gave rise to some other independent criminal wrong-doing.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Ibrahim v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2013 in homelessness, housing, law reports, local government by tracey

Ibrahim v Wandsworth London Borough Council: [2013] EWCA Civ 20;   [2013] WLR (D)  38

“A local authority reviewer’s duty under regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, to invite representations from the applicant where the reviewer was minded to make a decision against the interests of the applicant despite there being a deficiency in the local authority’s original decision, was not engaged where the deficiency was not the subject of any complaint by the applicant on the review and had been neither upheld nor decided upon by the reviewer.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 1st, 2013 in legislation by tracey

The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2013

The Corporation Tax (Treatment of Unrelieved Surplus Advance Corporation Tax) (Amendment) Regulations 2013

The Government Resources and Accounts Act 2000 (Alteration of Timetables for Accounts) Order 2013

The Waste and Emissions Trading Act 2003 (Amendment etc.) Regulations 2013

The Financial Services and Markets Act 2000 (Prescribed Financial Institutions) Order 2013

The Belarus (Asset-Freezing) Regulations 2013

The Iran (European Union Financial Sanctions) (Amendment) Regulations 2013

The Financial Restrictions (Iran) (Revocation) Order 2013

The Financial Services Act 2012 (Transitional Provisions) (Rules and Miscellaneous Provisions) Order 2013

The Town and Country Planning (Modification and Discharge of Planning Obligations) (Amendment) (England) Regulations 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted February 1st, 2013 in parliamentary papers by tracey

Supplement to the Brown Review of the rail franchising programme
Cm 8527, (PDF)

Source: www.official-documents.gov.uk

Henry solicitor: CA ruling does not undermine Jackson’s costs management reforms – Litigation Futures

Posted February 1st, 2013 in budgets, costs, defamation, news by tracey

“The Court of Appeal’s ruling on costs budgets earlier this week has not undermined the Jackson reforms, the claimant solicitor from the case has argued.”

Full story

Litigation Futures, 1st February 2013

Source: www.litigationfutures.com

City solicitors strike deal with commercial Bar over special terms of business – Legal Futures

Posted February 1st, 2013 in barristers, contracts, indemnities, legal services, news, solicitors by tracey

“The City of London Law Society (CLLS) and Commercial Bar Association (Combar) have published model terms of business for barristers instructed in commercial cases after more than two years of negotiation.”

Full story

Legal Futures, 1st February 2013

Source: www.legalfutures.co.uk

New approach to expert evidence in family proceedings – Judiciary of England and Wales

Posted February 1st, 2013 in evidence, expert witnesses, family courts, press releases by tracey

“New rules come into force today which will mean judges can streamline proceedings in family courts by reducing the number of expert witnesses who have to give evidence.”

Full press release

Judiciary of England and Wales, 31st January 2013

Source: www.judiciary.gov.uk

Information ‘reasonably accessible’ despite hefty charge – Panopticon

Posted February 1st, 2013 in fees, freedom of information, news, statistics by tracey

“In Davis v ICO and Health and Social Care Information Centre (case no. EA/2012/0175, judgment 24 January 2013) the First-Tier Tribunal applied the absolute exemption under section 21 of FOIA 2000 for information which is reasonably accessible to an applicant other than under section 1. The requested information consisted of health statistics which the public authority was willing to provide to the appellant under its publication scheme for a charge of £1,550. The appellant argued that the charge meant the information could not be considered to be reasonably accessible to a person of ordinary means.”

Full story

Panopticon, 31st January 2013

Source: www.panopticonblog.com

Immigration route for entrepreneurs tightened to “stamp out abuse” – OUT-LAW.com

Posted February 1st, 2013 in immigration, news, regulations by tracey

“Changes to the immigration rules for foreign entrepreneurs coming to the UK will
‘stamp out abuse by those looking to play the system,’ a Government minister has
said.”

Full story

OUT-LAW.com, 31st January 2013

Source: www.out-law.com

An assault on family law – Halsbury’s Law Exchange

Posted February 1st, 2013 in appeals, families, financial provision, news, privilege by tracey

“As Ryder J contemplates reform of the family justice system, he may wish to be aware of the assault by the Court of Appeal and Supreme Court upon some of the more cherished assumptions of family lawyers. Family lawyers should perhaps look to the legitimacy of some of their long-held shibboleths before another Court of Appeal assault. To ignore the law, as the cases below show, can be repressive and is certainly illegal.”

Full story

Halsbury’s Law Exchange, 31st January 2013

Source: www.halsburyslawexchange.co.uk

Man gave wife overdose to have ‘peace and quiet’ – The Guardian

Posted February 1st, 2013 in carers, drug offences, married persons, medicines, news, sentencing by tracey

“A man who acted as full-time carer to his wife for the five years of their marriage has been jailed for administering an overdose of prescription drugs to her to give himself a day of respite.”

Full story

The Guardian, 31st January 2013

Source: www.guardian.co.uk