New system of criminal records checks to restore balance in public safeguarding – Home Office

Posted March 27th, 2013 in criminal records, employment, press releases by tracey

“Changes to criminal records checks will continue to protect the public while ensuring that employers no longer have access to certain old or minor cautions and convictions.”

Full press release

Home Office, 26th March 2013


Rochdale nightclub death: Twelve jailed over John Lee Barrett killing – BBC News

Posted March 27th, 2013 in homicide, news, sentencing, violent disorder, wounding by tracey

“Twelve men have been jailed over the death of a man at a Rochdale nightclub in the early hours of Christmas Day in 2011.”

Full story

BBC News, 26th March 2013


Drug lord jailed as police shut down largest smuggling operation in UK – The Guardian

Posted March 27th, 2013 in drug trafficking, guilty pleas, money laundering, news by tracey

“The last remaining kingpin of an international network of organised criminal gangs that flooded the UK with £300m worth of illegal drugs has been brought to justice.”

Full story

The Guardian, 26th March 2013


Last-ditch bid to dilute secret courts plan fails – The Guardian

Posted March 27th, 2013 in bills, closed material, evidence, judiciary, news, private hearings by tracey

“A new generation of secret courts will be established in law within weeks after a last-ditch bid to water down controversial government plans failed in the House of Lords.”

Full story

The Guardian, 27th March 2013


Anonymity granted for nurse due to give evidence at inquest into death of Royal hoax call victim Jacintha Saldanha – The Independent

Posted March 27th, 2013 in anonymity, evidence, inquests, media, news, suicide by tracey

“A nurse due to give evidence at the inquest into the death of Royal hoax call victim Jacintha Saldanha has been granted anonymity to offer protection against similar media interest.”

Full story

The Independent, 26th March 2013


Individuals ‘have no right’ to stop name being used online – Daily Telegraph

Posted March 27th, 2013 in child support, data protection, freedom of expression, internet, news by tracey

“Ordinary people have no right to stop their names being used in web addresses
because they are not famous enough, according to regulators.”

Full story

Daily Telegraph, 27th March 2013


Richard III reburial plans breach human rights, say descendants – Daily Telegraph

Posted March 27th, 2013 in burials and cremation, human rights, judicial review, news by tracey

“Fifteen living relatives of the monarch, the last English king to die in battle almost 500 years before the European convention on human rights came into force, are threatening to launch a legal challenge seeking the Richard III’s reburial in York Minster, rather than the proposed Leicester Cathedral. An application for judicial review is to be lodged by lawyers in Leeds on behalf of the Plantagenet Alliance to bring the action against the Ministry of Justice, which granted the archaeological excavation licence to Leicester University, the Guardian reported.”

Full story

Daily Telegraph, 27th March 2013


European court adjourns prisoner voting case – BBC News

Posted March 27th, 2013 in adjournment, EC law, elections, human rights, news, prisons by tracey

“Human rights judges have adjourned until September consideration of more than
2,300 legal cases against the UK over prisoner voting rights.”

Full story

BBC News, 26th March 2013


Abu Qatada deportation decision due – BBC News

Posted March 27th, 2013 in appeals, deportation, evidence, immigration, news, terrorism, torture by tracey

“Home Secretary Theresa May is due to learn whether she has won an appeal to
overturn a decision to allow radical cleric Abu Qatada to stay in the UK.”

Full story

BBC News, 27th March 2013


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