Men jailed over rape of boy, 14, in Manchester Debenhams – BBC News

Posted June 6th, 2013 in assault, children, closed circuit television, news, rape, sentencing by sally

“Two men have been jailed for 15 years for raping a boy, 14, in the toilets of a Manchester department store.”

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BBC News, 6th June 2013


Crown court judges oppose legal aid changes – The Guardian

Posted June 6th, 2013 in Crown Court, judges, legal aid, news, solicitors by sally

“Crown court judges have delivered a damning response to government plans to prevent defendants from choosing their solicitor and slice a further £220m off the legal aid budget.”

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The Guaridan, 6th June 2013


Purpose of social networking will determine whether businesses have data protection responsibilities, says ICO –

Posted June 6th, 2013 in data protection, internet, news, standards by sally

“Businesses that encourage staff to use social networks for commercial purposes are subject to UK data protection laws, the Information Commissioner’s Office (ICO) has said.”

Full story, 6th June 2013


145 specially appointed Government barristers demand rethink on Legal Aid plans – UK Human Rights Blog

Posted June 6th, 2013 in barristers, consultations, judicial review, legal aid, news by sally

“145 barristers on the Attorney General’s Panel of Counsel have signed a letter seeking that the Government to rethink its plans for reform of Legal Aid. I was one of the signatories. The letter is reproduced on the Legal Aid Changes blog.”

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UK Human Rights Blog, 6th June 2013


EVENTS: Birkbeck – Law on Trial 2013

Posted June 6th, 2013 in Forthcoming events by sally

“What can legal education offer to the present and the future? In the midst of attempts to transform legal education into a commodity for the privileged few, our 2013 season of Law on Trial asks whether it is possible to engage the current climate of professionalization, vocational training and the narrowing of law as an education on citizenship and political imagination from more creative and alternative perspectives.”

Date: 17th – 21st June 2013

Location: Room B34, Malet Street Building, Birkbeck, University of London

Charge: Free

More information can be found here.

Attorney general joins calls for police to confirm names in ‘secret arrests’ – The Guardian

Posted June 6th, 2013 in anonymity, attorney general, media, news, police, privacy, public interest by sally

“The attorney general, Dominic Grieve, has intervened in the debate over so-called secret arrests and said police should confirm the name of a suspect if they have been correctly identified by the media.”

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The Guardian, 4th June 2013


Lawyers block road outside Ministry of Justice in protest against legal aid cuts – The Guardian

“Lawyers waving placards and chanting blocked the road outside the Ministry of Justice on Tuesday evening in protest over proposals to slice a further £220m out of criminal legal aid and remove defendants’ ability to choose a solicitor.”

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The Guardian, 4th June 2013


Appeal of artist paedophile Graham Ovenden’s ‘unduly lenient’ sentence mooted to Attorney General – The Independent

Posted June 6th, 2013 in appeals, news, sentencing, sexual offences, suspended sentences by sally

“The Attorney General is considering referring the sentence of an internationally renowned artist from Cornwall to the Court of Appeal to see if it was ‘unduly lenient’.”

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The Independent, 6th June 2013


Newbold and others v Coal Authority – WLR Daily

Posted June 6th, 2013 in appeals, housing, law reports, notification by sally

Newbold and others v Coal Authority [2013] EWCA Civ 584 ; [2013] WLR (D) 216

“Where damage notices relating to subsidence said to have been caused by coal mining contained ostensibly inaccurate particulars, the effect of the failure to comply strictly with the applicable statutory requirements had to be considered by construing the statutory or contractual requirement in question and then asking whether strict or adequate compliance was required, bearing in mind that even non-compliance with a requirement might not be fatal to the notice’s validity.”

WLR Daily, 23rd May 2013


Regina v Hobson – WLR Daily

Posted June 6th, 2013 in appeals, crime, evidence, jury directions, law reports by sally

Regina v Hobson [2013] EWCA Crim 819 ; [2013] WLR (D) 215

“Where specimen counts were charged but complainants described in their evidence particular incidents, the trial judge should direct the jury of the necessity to be sure that the offence had been committed on the same occasion, either on an occasion in the course of the unspecified pattern of offending, or on one of the particular occasions identified in the evidence.”

WLR Daily, 23rd May 2013


Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet – WLR Daily

Posted June 6th, 2013 in asylum, EC law, immigration, law reports, United Nations by sally

Halaf v Darzhavna agentsia za bezhantsite pri Ministerskia savet (Case C-528/11); [2013] WLR (D) 214

“Article 3(2) of Council Regulation (EC) No 343/2003 of 18 February 2003, establishing the criteria and mechanisms for determining the member state responsible for examining an asylum application lodged in one of the member states by a third-country national, permitted a member state, which was not indicated as responsible by the criteria in Chapter III of the Regulation, to examine an application for asylum even though no circumstances existed which established the applicability of the humanitarian clause in article 15 of the Regulation. That possibility was not conditional on the member state responsible under those criteria having failed to respond to a request to take back the asylum seeker concerned. The member state in which the asylum seeker was present was not obliged, during the process of determining the member state responsible, to request the Office of the United Nations High Commissioner for Refugees to present its views where it was apparent from the documents of that office that the member state indicated as responsible by the criteria in Chapter III of Regulation No 343/2003 was in breach of the rules of European Union law on asylum.”

WLR Daily, 30th May 2013


Genil 48 SL and another v Bankinter SA and another – WLR Daily

Posted June 6th, 2013 in banking, EC law, financial advice, law reports by sally

Genil 48 SL and another v Bankinter SA and another (Case C-604/11); [2013] WLR (D) 213

“An investment service was offered as part of a financial product within the meaning of article 19(9) of Parliament and Council Directive 2004/39/EC of 21 April 2004 on markets in financial instruments only when it formed an integral part thereof at the time when that financial product was offered to the client.”

WLR Daily, 30th May 2013


Regina v X Ltd – WLR Daily

Posted June 6th, 2013 in appeals, consumer protection, law reports by sally

Regina v X Ltd [2013] EWCA Crim 818; [2013] WLR (D) 212

“For the purposes of regulations protecting consumers from unfair trading, the term ‘commercial practices’ could cover isolated acts as well as repeated behaviour; it depended on the circumstances. The concept was concerned with systems rather than individual transactions.”

WLR Daily, 23rd May 2013


Recent Statutory Instruments –

Posted June 6th, 2013 in legislation by sally

The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013

The Planning (Listed Buildings and Conservation Areas) (Amendment) (England) Regulations 2013

The Groceries Code Adjudicator Act 2013 (Commencement) Order 2013

The Town and Country Planning (Development Management Procedure) (England) (Amendment) Order 2013

The Misuse of Drugs Act 1971 (Temporary Class Drug) Order 2013

The Detergents (Amendment) Regulations 2013

The Animal Health (Miscellaneous Fees) Regulations 2013

The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2013

The Welfare Reform Act 2012 (Commencement No. 10) Order 2013

The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments to Part 1 of the Education and Skills Act 2008) Order 2013


New mediation laws to help separating couples – Ministry of Justice

Posted June 6th, 2013 in arbitration, divorce, news by sally

“Separating couples will be legally required to find out about ways to settle disputes away from the courtroom, under new laws currently going through Parliament.”

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Ministry of Justice, 5th June 2013


Secret Courts – BBC Unreliable Evidence

“Leading human rights barrister Dinah Rose challenges cabinet minister Ken Clarke over the Government’s extension of the use of secret courts.”


BBC Unreliable Evidence, 5th June 2013


BAILII: Recent Decisions

Posted June 6th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Shoreline Housing Partnership Ltd v Mears Ltd [2013] EWCA Civ 639 (05 June 2013)

Berney v Saul (t/a Thomas Saul & Co (Solicitors)) [2013] EWCA Civ 640 (05 June 2013)

High Court (Queen’s Bench Division)

Cruddas v Calvert & Ors [2013] EWHC 1427 (QB) (05 June 2013)

High Court (Chancery Division)

MacDermid Offshore Solutions Llc v Niche Products Ltd [2013] EWHC 1493 (Ch) (05 June 2013)


West Midlands Police pay out to bereaved mum Abby Podmore – BBC News

Posted June 6th, 2013 in compensation, homicide, news, police, wrongful arrest by sally

“A mother arrested on suspicion of murder after her son died of natural causes has accepted an undisclosed settlement from the police.”

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BBC News, 6th June 2013


Coroner calls for Alexander Litvinenko inquiry – The Independent

Posted June 6th, 2013 in coroners, disclosure, evidence, inquiries, murder, news, poisoning, spying by sally

“The coroner presiding over the inquest into the poisoning of Alexander Litvinenko has called on the government to replace it with a public inquiry.”

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The Independent, 5th June 2013


Helen Fenwick: Article 8 ECHR, the ‘Feminist Article’, Women and a Conservative Bill of Rights – UK Constitutional Law Group

Posted June 6th, 2013 in bills, courts, families, human rights, news, reports, women by sally

“There has been a lot of commentary on the Report of the Bill of Rights’ Commission, and the ‘damp squib’ analysis of the Report (see Mark Elliott) as a whole is one most commentators appear to assent to (see eg Joshua Rozenberg for the Guardian here). My view in general is that the squib could reignite post-2015 if a Conservative government is elected, not in relation to the very hesitant ideas as to the possible future content of a Bill of Rights that the Report put forward, but in relation to its majority recommendation that there should be one (see further my previous post on the Commission Report here). If a BoR was to emerge under a Conservative government post-2015 I suggest that it would reflect the ideas of the Conservative nominees on the Commission which assumed a far more concrete form in the Report than the majority recommendations did (eg see here at p 192). This blog post due to its length is not intended to examine the probable nature of such a BoR based on those ideas in general, but to focus only on two aspects: the idea of curtailing the effects of an equivalent to Article 8 ECHR (right to respect for private and family life), and of requiring domestic courts to disapply Strasbourg jurisprudence under a BoR in a wider range of situations than at present under s2HRA (see Roger Masterman’s post on s2 on this blog here). In respect of the latter issue the potential impact of so doing will only be linked to selected aspects of Article 8 jurisprudence of especial actual and potential benefit to women.”

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UK Constitutional Law Group, 5th June 2013