Whistleblowing – what’s in the public interest? – Halsbury’s Law Exchange

Posted May 14th, 2013 in employment, legislation, news, public interest, whistleblowers by sally

“Hardly a day goes by without whistleblowing being in the news. Just last month, two police officers were suspended in Cumbria for leaking information to the press about the expenses of an elected Police Commissioner. Last month, the Robert Francis Inquiry published its findings in to the high mortality rates at Mid Staffordshire NHS Trust, which found a culture of fear and silence throughout the organisation which discouraged staff from raising concerns about patient safety. According to research of the University of Greenwich, 80% of the public feel that whistleblowers should be protected. It seems like we are all agreed that we need more whistleblowers and that they should be protected. But why do we continue to hear about whistleblowers being victimised? As we have seen from the Cumbrian example, should police officers be suspended for raising concerns about the expenses of an elected official? When is whistleblowing in the public interest?”

Full story

Halsbury’s Law Exchange, 13th May 2013

Source: www.halsburyslawexchange.co.uk

Failure to comply with the ACAS Code – Employment Law Blog

“Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, inserted by the Employment Act 2008, is concerned with the effect of failure to comply with the ACAS Code. In Lund v St Edmund’s School the EAT, presided over by Keith J, has held that, when considering whether ‘it is just and equitable in all the circumstances’, pursuant to Section 207A, to make an uplift to a compensatory award for an employer’s failure to follow the Code, an Employment Tribunal should not take into account the fact the employee had contributed to his dismissal.”

Full story

Employment Law Blog, 14th May 2013

Source: www.employment11kbw.com

Judge bars affair revenge naked pictures – Daily Telegraph

Posted May 14th, 2013 in injunctions, news, photography, privacy by sally

“A married woman has won the backing of a High Court judge to stop naked photographs of her being distributed by the man with whom she was having an affair and by his furious girlfriend.”

Full story

Daily Telegraph, 13th May 2013

Source: www.telegraph.co.uk

Further action may be needed on voting fraud – watchdog – BBC News

Posted May 14th, 2013 in elections, fraud, identification, news by sally

“Restrictions on postal voting and identity checks at polling stations may be needed to help crack down on fraud, the elections watchdog has said.”

Full story

BBC News, 14th May 2013

Source: www.bbc.co.uk

Child sexual abuse orders failing to deliver, says Ceop – BBC News

Posted May 14th, 2013 in children, crime prevention, news, reports, sexual offences by sally

“The system of civil court orders designed to prevent sexual abuse of children in Britain is ‘not fit for purpose’, according to a report obtained by the BBC.”

Full story

BBC News, 14th May 2013

Source: www.bbc.co.uk

Metropolitan police issue cautions for crimes including rape, figures reveal – The Guardian

Posted May 14th, 2013 in cautions, news, police, statistics by sally

“Nearly 29,000 cautions were handed to criminals by the Metropolitan police in the year to March for offences including robbery, drug-trafficking and rape.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

Assisted suicide should be regulated by courts, senior judges told – The Guardian

Posted May 14th, 2013 in assisted suicide, bills, defences, news by sally

“Courts should be able to regulate individual requests for assisted suicide without reference to parliament, senior judges have been told.”

Full story

The Guardian, 13th May 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 13th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)

Court of Appeal (Criminal Division)


R v [2013] EWCA Crim 707 (10 May 2013)

R, M & L, R v [2013] EWCA Crim 708 (10 May 2013)

London Borough of Lambeth v Loveridge [2013] EWCA Civ 494 (10 May 2013)

Mahil & Ors v R. [2013] EWCA Crim 673 (09 May 2013)

High Court (Administrative Court)

MN & Anor v London Borough of Hackney [2013] EWHC 1205 (Admin) (10 May 2013)

Samuel Smith Old Brewery Tadcaster v Selby District Council [2013] EWHC 1159 (Admin) (10 May 2013)

High Court (Chancery Division)

RC Brewery Ltd v HM Revenue and Customs [2013] EWHC 1184 (Ch) (10 May 2013)

Slocom Trading Ltd & Anor v Tatik Inc & Ors [2013] EWHC 1201 (Ch) (10 May 2013)

Kuppusamy v Mathankanna & Anor [2013] EWHC 1197 (Ch) (10 May 2013)

High Court (Commercial Court)

Seagrain LLC v Glencore Grain B V [2013] EWHC 1189 (Comm) (10 May 2013)

Kingsway Shipping Co Ltd v Stx Gulf Shipping DMCCO, Re YONG JIN [2013] EWHC 1149 (Comm) (07 May 2013)

High Court (Queen’s Bench Division)

The Serious Organised Crime Agency v Namli & Ors [2013] EWHC 1200 (QB) (10 May 2013)

Romero Insurance Brokers Ltd v Templeton & Anor [2013] EWHC 1198 (QB) (10 May 2013)

National Westminster Bank v Frankham [2013] EWHC 1199 (QB) (10 May 2013)

High Court (Technology and Construction Court)

Farrelly (M & E) Building Services Ltd v Byrne Brothers (Formwork) Ltd [2013] EWHC 1186 (TCC) (09 May 2013)

Source: www.bailii.org

Ahmadi v Secretary of State for the Home Department – WLR Daily

Posted May 13th, 2013 in appeals, asylum, immigration, interpretation, law reports by tracey

Ahmadi v Secretary of State for the Home Department: [2013] EWCA Civ 512; [2013] WLR (D) 170

“Where a notice of immigration decision contained combined notice of both a refusal of an application for variation of leave to remain and a decision that the applicant should be removed by way of directions under section 47 of the Immigration, Asylum and Nationality Act 2006, the removal decision was invalid.”

WLR Daily, 9th May 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 13th, 2013 in legislation by tracey

The New Parks for People (England) Joint Scheme (Authorisation) Order 2013

The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2013

The Town and Country Planning (Compensation) (England) Regulations 2013

The Criminal Justice Act 2003 (Commencement No. 31 and Saving Provisions) Order 2013

The Coroners and Justice Act 2009 (Commencement No. 13) Order 2013

The Registered Pension Schemes (Reduction in Pension Rates, Accounting and Assessment) (Amendment) Regulations 2013

The Growth and Infrastructure Act 2013 (Commencement No. 1 and Transitional and Saving Provisions) Order 2013

Source: www.legislation.gov.uk

Command papers – official-documents.gov.uk

Posted May 13th, 2013 in parliamentary papers by tracey

Government response to the Political and Constitutional Reform Select Committee report: the prospects for codifying the relationship between central and local government Government response to the Political and Constitutional Reform Committee’s report, Cm 8623 (PDF)

The Care Bill explained: including a response to consultation and pre-legislative scrutiny on the draft Care and Support Bill, Cm 8627 (PDF)

Government response to the Northern Ireland Affairs Committee pre-legislative scrutiny report on the draft Northern Ireland (Miscellaneous Provisions) Bill, Cm 8621 (PDF)

Government response to the fifth report of the House of Commons Work and Pensions Select Committee, session 2012-13, into Part 1 of the draft Pensions Bill, Cm 8620 (PDF)

Source: www.official-documents.gov.uk

Ramsey: costs management limits being reviewed – Litigation Futures

Posted May 13th, 2013 in costs, damages, judges, limitations, news, solicitors by tracey

“The £2m limit above which commercial cases are not subject to automatic costs management is being reviewed, the judge in charge of Jackson implementation has revealed, while also hinting that pre-issue costs may come within costs management in future.”

Full story

Litigation Futures, 13th May 2013

Source: www.litigationfutures.com

Costs Management Pilot Report – Judiciary of England and Wales

“The Costs Management Pilot Scheme (the ‘Pilot’) was launched in all Technology and Construction Courts (‘TCC’) and Mercantile Courts on 1 October 2011. The Pilot applies to any case which has its first case management conference on or after 1 October 2011.”

Full report

Judiciary of England & Wales, 10th May 2013

Source: www.judiciary.gov.uk

CPS publishes Guidance on Charging Offences arising from Driving Incidents following public consultation – Crown Prosecution service

“The Crown Prosecution Service has today published its Guidance on Charging Offences arising from Driving Incidents. The two most significant changes from previous guidance concern drivers in emergencies and deaths where the victim is a close friend or relative of the driver.”

Full press release

Crown Prosecution Service, 9th May 2013

Source: www.cps.gov.uk

Bar Standards Board extends first registration phase for QASA – Bar Standards Board

“The Bar Standards Board will extend the first QASA registration period to ensure that the Criminal Bar will have more time to consider the consequences of government changes to legal aid before registering. The end of the first registration period will now be 9 March 2014, which will be after the Ministry of Justice publishes its final response to the consultation, ‘Transforming legal aid: delivering a more credible and efficient system’.”

Full press release

Bar Standards Board, 10th May 2013

Source: www.barstandardsboard.org.uk

Employment tribunal to lose power to make wider recommendations in discrimination cases – OUT-LAW.com

“The Government is to remove the Employment Tribunal’s power to make recommendations to employers that go beyond the specifics of a particular discrimination claim, it has announced.”

Full story

OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Supreme Court ruling on trustee mistakes “likely to create uncertainty”, says expert – OUT-LAW.com

“A Supreme Court ruling on the circumstances in which courts can set aside decisions made wrongly by trustees is ‘likely to create uncertainty’ due to the subjective nature of the test, an expert has said.”

Full story

OUT-LAW.com, 10th May 2013

Source: www.out-law.com

Yet another one…NearlyLegal

Posted May 13th, 2013 in appeals, enfranchisement, housing, leases, news by tracey

“The Leasehold Reform Act 1967 gives qualifying long leaseholders of houses the right, inter alia, to acquire the freehold. The definition of ‘house’ is quite technical, but, in essence, it turns on whether it could reasonably be called a house (even if it could reasonably be called something else). There is a quite eye-watering amount of law on this issue, most recently Day v Hosebay Ltd; Howard de Walden v Lexgorge [2012] UKSC 41.”

Full story

NearlyLegal, 12th May 2013

Source: www.nearlylegal.co.uk

To be incurred or not to be incurred? – NearlyLegal

Posted May 13th, 2013 in appeals, landlord & tenant, news, service charges by tracey

“Those with good memories will remember that a year or so ago the Upper Tribunal gave judgment in a case called Om Property Management Ltd v Burr (our note here) in which the issue was at what point in time does a cost became incurred for the purposes of s.20B, Landlord and Tenant Act 1985. It decided that costs became incurred on the presentation of an invoice or on payment. Mr Burr appealed against that decision and the Court of Appeal recently gave its judgment on the subject.”

Full story

NearlyLegal, 10th May 2013

Source: www.nearlylegal.co.uk

Making your child go to school: teenager’s chaotic lifestyle and parent’s inability to control not a defence to prosecution – Education Law Blog

Posted May 13th, 2013 in interpretation, news, parental responsibility, school children by tracey

“As all education lawyers know, the parent of a child who fails to attend school regularly commits a criminal offence punishable by a fine of up to £1000 (section 444(1) of the Education Act 1996). If the parent knows her child is failing to attend school and fails to cause her to do so, the ‘aggravated’ form of the offence (section 444(1A)) is committed which is punishable by a fine of up to £2500 and/or up to 3 months’ imprisonment. One of the statutory defences to both charges is that the child was prevented from attending ‘by reason of sickness or any unavoidable cause’ (section 444(2A)). It is a defence to the aggravated charge to prove reasonable justification for the failure to cause the child to attend (section 444(1B)).”

Full story

Education Law Blog, 10th May 2013

Source: www.education11kbw.com