Kevin Lane could face full appeal hearing – The Guardian

“Kevin Lane was jailed for life for the 1994 murder of Robert Magill, and given a tariff of eighteen years. As his daily updated website indicates, he has now completed that tariff plus 46 days. However, he has not yet been released because he continues to protest his innocence.”

Full story

The Guardian, 26th March 2013


Chetham’s music teacher Michael Brewer jailed for sexually abusing pupil – The Guardian

Posted March 26th, 2013 in news, sentencing, sexual offences, teachers by sally

“A music teacher at one of the UK’s most prestigious music schools has been jailed for six years after being found guilty of sexually abusing a pupil.”

Full story

The Guardian, 26th March 2013


The Government’s response to Lord Carlile’s report on the Edlington case – Department for Education

Posted March 26th, 2013 in child abuse, child neglect, children, news, reports, social services by sally

“In March 2012 the Rt Hon Michael Gove MP, Secretary of State for Education, asked Lord Carlile to conduct an independent review of the case of the ‘J’ children in Edlington. The ‘J’ children had committed a very serious assault on two young victims in April 2009, having assaulted another young victim the previous weekend.”

Full story

Department for Education, March 2013


The Legal Ombudsman Scheme: how it works and how firms can challenge it – 4 New Square

Posted March 26th, 2013 in appeals, complaints, law firms, legal ombudsman, news by sally

“The Legal Ombudsman (‘LeO’) publishes brief summaries of its decisions on its website. Where awards have been made against lawyers to date the amounts have usually been very modest: hundreds rather than thousands of pounds. There has not been much for lawyers or their insurers to worry about. But things could be about to change.”

Full story (PDF)

4 New Square, 21st March 2013


Assessment Notices under the Data Protection Act 1998 – Extension of the Information Commissioner’s Powers – Ministry of Justice

Posted March 26th, 2013 in consultations, data protection, health, hospitals, news by sally

“This consultation paper sets out our proposal to extend the powers of the Information Commissioner to carry out compulsory assessments of NHS bodies’ compliance with the Data Protection Act 1998 and its data protection principles. It seeks views from NHS data controllers across the United Kingdom. The proposals are informed by the Information Commissioner’s experience working with NHS bodies to improve their compliance with data protection law.”

Full story

Ministry of Justice, 25th March 2013


Recent Statutory Instruments –

Posted March 26th, 2013 in law reports by sally

The Regional Strategy for the North East (Revocation) Order 2013

The Mesothelioma Lump Sum Payments (Conditions and Amounts) (Amendment) Regulations 2013

The Automatic Enrolment (Earnings Trigger and Qualifying Earnings Band) Order 2013

The Free School Lunches and Milk (Universal Credit) (England) Order 2013

The Housing (Right to Buy) (Limit on Discount) (England) Order 2013

The Health and Social Care Act 2012 (Commencement No. 5, Transitional, Savings and Transitory Provisions) Order 2013

The Children, Schools and Families Act 2010 (Commencement No. 3) Order 2013

The Trusts (Capital and Income) Act 2013 (Commencement No.1) Order 2013

The National Health Service Trusts (Trust Funds: Appointment of Trustees) (Amendment) Order 2013

The Local Transport Act 2008 (Commencement No. 3) Order 2013

The Rookery South (Resource Recovery Facility) Order 2011

The Public Bodies (Abolition of the Aircraft and Shipbuilding Industries Arbitration Tribunal) Order 2013

The Public Bodies (Abolition of British Shipbuilders) Order 2013

The Pneumoconiosis etc. (Workers’ Compensation) (Payment of Claims) (Amendment) Regulations 2013


Cold-calling prosecutions planned – Law Society’s Gazette

The Information Commissioner’s Office (ICO) is ready to prosecute up to a dozen more companies who carry out cold-calling and send spam text messages.

Full story

Law Society’s Gazette, 22nd March 2013


BAILII: Recent Decisions

Posted March 26th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Mahmood v R [2013] EWCA Crim 325 (22 March 2013)

Love & Anor, R. v [2013] EWCA Crim 257 (13 February 2013)

Jackson v R. [2013] EWCA Crim 163 (28 February 2013)

Applied Language Solutions Ltd, R v [2013] EWCA Crim 326 (25 March 2013)

Court of Appeal (Civil Division)

Braganza v BP Shipping Ltd & Ors [2013] EWCA Civ 230 (22 March 2013)

ACE European Group Ltd & Ors v Chartis Insurance UK Ltd [2013] EWCA Civ 224 (22 March 2013)

High Court (Queen’s Bench Division)

Cockbill v Riley [2013] EWHC 656 (QB) (22 March 2013)

Royal Devon and Exeter NHS Foundation Trust v Acres [2013] EWHC 652 (QB) (22 March 2013)

Gaskin v Norwich City Council & Ors [2013] EWHC 623 (QB) (22 March 2013)

Norbrook Laboratories Ltd & Anor v Carr [2013] EWHC 476 (QB) (22 March 2013)

High Court (Chancery Division)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWHC 598 (Ch) (22 March 2013)

Turner v Phythian & Anor [2013] EWHC 499 (Ch) (15 March 2013)

Mengiste & Anor v Endowment Fund for the Rehabilitation of Tigray & Ors [2013] EWHC 599 (Ch) (22 March 2013)

Magical Marking Ltd & Anor v Ware & Kay LLP & Anor [2013] EWHC 636 (Ch) (20 March 2013)

High Court (Family Division)

S (A Child), Re [2013] EWHC 647 (Fam) (25 March 2013)

High Court (Administrative Court)

Wainhomes (South West) Holdings Ltd v The Secretary of State for Communities And Local Government [2013] EWHC 597 (Admin) (25 March 2013)

Core Issues Trust v Transport for London [2013] EWHC 651 (Admin) (22 March 2013)

Bauer & Ors v The Director of Public Prosecutions [2013] EWHC 634 (Admin) (22 March 2013)

London Borough of Islington v The Unite Group Plc [2013] EWHC 508 (Admin) (22 March 2013)


Interpreter company wins costs order appeal – Law Society’s Gazette

Posted March 26th, 2013 in appeals, costs, interpreters, news, third parties by sally

“The company contracted by the Ministry of Justice to provide court interpreters has won an appeal against a decision to award a third-party costs order after a sentencing hearing was adjourned due an interpreter’s non-appearance.”

Full story

Law Society’s Gazette, 26th March 2013


Charges under Reg 8 EIR: a Power Cut for Public Authorities – Panopticon

Posted March 26th, 2013 in local government, news, regulations, tribunals by sally

“In Kirklees Council v IC & Pali Ltd [2011] UKUT 104 (AAC) the Upper Tribunal held, in the context of property search information, that reg 8(2) EIR precluded an authority from charging for allowing applicants to inspect information in situ and that a charge was only permissible if copy documents were provided to the applicant or the information was accessed other than by means of in situ inspection. The First-tier Tribunal has revisited the application of the charging rule in reg 8 EIR, again in the context of property search information, in Leeds City Council v IC & APPS Claimants (EA/2012/0020-21) (judgment of 22 March 2013).”

Full story

Panopticon, 23rd March 2013


Reforming Civil Litigation: Bar Council Working Group publishes recommendations – The Bar Council

Posted March 26th, 2013 in case management, civil justice, news, reports, witnesses by sally

“The Bar Council, which represents barristers in England and Wales, has today published a discussion document on ‘Reforming civil litigation’, which reflects the recommendations of a Working Group including the chairs of the Chancery Bar Association, Commercial Bar Association and the Technology and Construction Bar Association.”

Full story

The Bar Council, 25th March 2013


Exclusion of Iranian dissident lawful, says Court of Appeal – UK Human Rights Blog

Posted March 26th, 2013 in appeals, consultations, human rights, news, proportionality, rule of law, visas by sally

“Last year the Divisional Court upheld the Home Secretary’s decision to prevent a dissident Iranian politician coming to the United Kingdom to address the Palace of Westminster: see that decision here and my post discussing the ‘Politics of Fear’.”

Full story

UK Human Rights Blog, 22nd March 2013


Jackson reforms: trials and tribulation – Law Society’s Gazette

Posted March 26th, 2013 in costs, damages, delay, fees, news, personal injuries, regulations by sally

“One could be forgiven for thinking the campaign to halt or defer the main planks of the civil justice reforms devised by Sir Rupert Jackson is still in full swing. To be fair to the refusniks, the impression that all was not settled has been given in part by the last-minute approach the Ministry of Justice has taken to issuing details on implementation. If the government and the senior judiciary had yet to say what was to come on, respectively, damages-based agreements and big-ticket costs budgeting, perhaps they were still open to persuasion?”

Full story

Law Society’s Gazette, 25th March 2013


Command Papers –

Posted March 26th, 2013 in parliamentary papers by sally

Treasury Minutes: Government responses on the Twentieth, the Twenty Third and the Twenty Fifth Reports from the Committee of Public Accounts Session: 2012-13, Cm 8586 (PDF)

Aviation Policy Framework, Cm 8584 (PDF)


Ban on ‘ex-gay, post-gay and proud’ bus advert criticised but lawful – UK Human Rights Blog

Posted March 26th, 2013 in advertising, complaints, homosexuality, news, transport by sally

“In a judgment which is sure to provoke heated debate, the High Court has today ruled that the banning of an advert which read ‘NOT GAY! EX-GAY, POST-GAY AND PROUD. GET OVER IT!’ from appearing on London buses was handled very badly by Transport for London (‘TfL’) but was not unlawful or in breach of the human rights of the group behind the advert.”

Full story

UK Human Rights Blog, 23rd March 2013


Bar Council working party calls for end to witness statements in Rolls Building litigation – Litigation Futures

Posted March 26th, 2013 in news, reports, trials, witnesses by sally

“The involvement of solicitors and barristers in crafting witness statements in big-ticket litigation has neutered the current regime and it should be replaced by a system of witness summaries and live evidence-in-chief, a Bar Council working party has recommended.”

Full story

Litigation Futures, 26th March 2013


Vicky Pryce prison photographs may have breached PCC code of conduct – The Guardian

Posted March 26th, 2013 in codes of practice, complaints, media, news, photography, prisons, privacy by sally

“The Press Complaints Commission (PCC) has begun an investigation into whether newspaper photographs showing Vicky Pryce serving her prison sentence might have breached its code of conduct.”

Full story

The Guardian, 22nd March 2013


Post-Leveson press regulation clauses in the crime and courts bill – The Guardian

Posted March 26th, 2013 in bills, media, news by sally

“The Guardian analyses the controversial clauses that have sparked a heated debate over the cross-party plan for a new press regulation regime.”

Full story

The Guardian, 22nd March 2013


Tell me a storey – NearlyLegal

Posted March 26th, 2013 in housing, licensing, local government, news by sally

“This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a Mr Williams by Cotswold District Council from way back in 2008 although the result here was different (see ‘Recount Your Storeys’ (2009) 12 JHL 1).”

Full story

NearlyLegal, 22nd March 2013


Legal education: bespoke courses – Law Society’s Gazette

Posted March 26th, 2013 in legal education, news, solicitors, universities by sally

“News that Oxford Brookes University is discontinuing its legal practice course (LPC) because a drop in applications means it is no longer viable has sent a shock wave through the legal education market, as we await publication of the much-anticipated Legal Education and Training Review (LETR).”

Full story

Law Society’s Gazette, 25th March 2013