Roxie Jo-Anne Archer death: Man jailed for life for toddler murder – BBC News

Posted May 3rd, 2013 in children, murder, news, sentencing by tracey

“A man has been jailed for life for beating a two-year-old girl to death while
her mother was in New York celebrating her 21st birthday.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

North Yorkshire PC Matthew Fisher jailed for sex assaults – BBC News

Posted May 3rd, 2013 in misfeasance in public office, news, police, sentencing, sexual offences by tracey

“A North Yorkshire police officer has been jailed for sexually assaulting two women while on duty.

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

Should parliament give itself more powers? – The Guardian

“Should parliament give itself more powers? That’s the intriguing question posed by a paper to be published next week by the Constitution Society, an educational charity established five years ago.”

Full story

The Guardian, 2nd May 2013

Source: www.guardian.co.uk

Met Police pay libel damages to riots ‘Good Samaritan’ – BBC News

Posted May 3rd, 2013 in complaints, damages, defamation, news, police, public order by tracey

“The Metropolitan Police is to pay substantial damages to a man who was wrongly
pictured in ‘wanted’ posters following the London riots in 2011.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

‘Secret justice’ message from leading judges – BBC News

Posted May 3rd, 2013 in civil justice, contempt of court, judges, news, practice directions by tracey

“Leading judges have issued a strongly-worded message against secret justice to
protect a ‘fundamental principle’ of the court system in England and Wales.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 3rd, 2013 in law reports by tracey

Court of Appeal (Civil Division)

HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (03 May 2013)

Henley & Anor v Cohen [2013] EWCA Civ 480 (02 May 2013)

National Merchant Buying Society Ltd v Bellamy & Anor [2013] EWCA Civ 452 (02 May 2013)

Heron v TNT (UK) Ltd & Anor [2013] EWCA Civ 469 (02 May 2013)

Court of Appeal (Criminal Division)

AJR v R. [2013] EWCA Crim 591 (01 May 2013)

High Court (Administrative Court)

Belbin v Lille Court of First Instance, France [2013] EWHC 1099 (Admin) (02 May 2013)

Margate Town Centre Regeneration Company Ltd & Ors v Secretary of State for Communities and Local Government & Anor [2013] EWHC 973 (Admin) (02 May 2013)

FH (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1092 (Admin) (01 May 2013)

High Court (Queen’s Bench Division)

Collins v Secretary of State for Business Innovation and Skills [2013] EWHC 1117 (QB) (02 May 2013)

Source: www.bailii.org

Regina v Radjpaul – WLR Daily

Posted May 3rd, 2013 in appeals, harassment, insanity, law reports, reasons by tracey

Regina v Radjpaul: [2013] EWCA Crim 591;   [2013] WLR (D)  160

“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by tracey

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch);   [2013] WLR (D)  159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily

Posted May 3rd, 2013 in appeals, costs, detention, hospitals, law reports, mental health by tracey

Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471;   [2013] WLR (D)  158

“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening): [2013] EWHC 982 (Admin);   [2013] WLR (D)  157

“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Attrill and others v Dresdner Kleinwort Ltd and another – WLR Daily

Posted May 3rd, 2013 in appeals, contract of employment, law reports, remuneration by tracey

Attrill and others v Dresdner Kleinwort Ltd and another: [2013] EWCA Civ 394;   [2013] WLR (D)  156

“A unilateral promise to pay discretionary bonuses introduced into a pre-existing contractual relationship was legally binding.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

Enterprise and Regulatory Reform Act 2013 – legislation.gov.uk

Full text of Act

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 3rd, 2013 in legislation by tracey

The General Osteopathic Council (Application for Registration and Fees) (Amendment) Rules Order of Council 2013

The Renewable Heat Incentive Scheme (Amendment) Regulations 2013

The Electricity (Exemption from the Requirement for a Generation Licence) (Baillie) Order 2013

Source: www.legislation.gov.uk

Barristers to have tools to compete with solicitors as BSB seeks approval for liberalisation – Legal Futures

Posted May 3rd, 2013 in alternative business structures, barristers, legal services, news by tracey

“An end to the bans on self-employed barristers conducting litigation and sharing premises or forming associations with non-barristers is in sight as the Bar Standards Board (BSB) laid out the first stage of its major liberalisation programme.”

Full story

Legal Futures, 3rd May 2013

Source: www.legalfutures.co.uk

Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012 – Judiciary of England and Wales

Posted May 3rd, 2013 in children, families, family courts, international law, reports, treaties by tracey

“Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012.”

Full report

Judiciary of England and Wales, 1st May 2013

Source: www.judiciary.gov.uk

To fight or not to fight: pharmaceutical patent settlements – Competition Bulletin from Blackstone Chambers

Posted May 3rd, 2013 in agreements, competition, medicines, news, patents by tracey

“On 19 April 2013, the OFT announced that it had issued a Statement of Objections following its investigation into patent litigation settlement agreements (PLSAs) in the pharmaceutical sector.”

Full story

Competition Bulletin from Blackstone Chambers, 3rd May 2013

Source: www.competitionbulletin.com

Guidance from the Supreme Court on human rights damages – UK Human Rights Blog

Posted May 3rd, 2013 in damages, delay, human rights, news, parole, Supreme Court by tracey

“Faulkner, R (on the application of ) v Secretary of State for Justice and another [2013] UKSC 23. The Supreme Court has taken a fresh look at what is meant by the Human Rights Act exhortation to take Strasbourg jurisprudence ‘into account’ when fashioning remedies for violations of Convention rights, in this case the right not to be arbitrarily detained under Article 5.”

Full story

UK Human Rights Blog, 2nd May 2013

Source: www.ukhumanrightsblog.com

 

Stripping of ‘metadata’ from digital files will not automatically mean creative works become ‘orphans’, says IPO – OUT- LAW.com

Posted May 3rd, 2013 in copyright, intellectual property, internet, news, photography, reports by tracey

“The absence of ‘metadata’ from digital files will not automatically mean that
creative material would be ‘orphan works’, the Intellectual Property Office
(IPO) has said.”

Full story

OUT-LAW.com, 2nd May 2013

Source: www.out-law.com

UK could face substantial EU fines after Supreme Court ruling on air pollution, says expert – OUT-LAW.com

Posted May 3rd, 2013 in EC law, fines, news, pollution, references to European Court, Supreme Court by tracey

“The UK could face legal proceedings and substantial fines from the European
Commission as a result of its failure to meet air pollution limits, an expert
has said.”

Full story

OUT-LAW.com, 3rd May 2013

Source: www.out-law.com

Society endorses ‘a la carte’ advice – but warns of risks – Law Society’s Gazette

Posted May 3rd, 2013 in law firms, legal services, news by tracey

“Family lawyers offering ‘pay as you go’ legal services are warned of the risks they carry and how to avoid them in a practice note published today by the Law Society. The note has been published to assist solicitors seeking to offer a more affordable service by allowing the client to deal with some aspects of their case themselves. It deals particularly with family law cases, following the removal of legal aid for most private law family matters on 1 April and is aimed primarily at those offering face-to-face client work.”

Full story

Law Society’s Gazette, 1st May 2013

Source: www.lawgazette.co.uk