Morton Hall detainee held for nearly three years, report finds – BBC News

Posted July 17th, 2013 in asylum, demonstrations, detention, news, recidivists, time limits, trials by sally

“An asylum seeker has been detained for three years without trial at a Lincolnshire centre, a report reveals.”

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BBC News, 17th July 2013

Source: www.bbc.co.uk

NHS inquiry: trust by trust, the Keogh Report’s findings – Daily Telegraph

Posted July 17th, 2013 in health & safety, hospitals, inquiries, news, statistics by sally

“The Keogh Report’s findings on 14 hospitals reveal that NHS failings of care claimed thousands of lives, including that of a man due to be married and a newborn baby.”

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Daily Telegraph, 16th July 2013

Source: www.telegraph.co.uk

Cardiff Three police corruption case collapsed ‘due to disclosure failures’ – The Guardian

“Prosecutors and police were overwhelmed by more than 1 million pages of evidence during the trial of eight former South Wales police officers that eventually collapsed, the Crown Prosecution Service has said.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Gay marriage set to enter law with first wedding ceremonies to take place by next summer – The Independent

Posted July 17th, 2013 in bills, equality, homosexuality, marriage, news by sally

“Legislation to introduce same-sex marriage has completed its passage through the House of Commons, paving the way for the first gay weddings in England and Wales next summer.”

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The Independent, 16th July 2013

Source: www.independent.co.uk

Jimmy Mubenga: Home Office official makes qualified apology to family – The Guardian

“David Wood, the head of the Home Office’s immigration enforcement, has given a qualified apology to the family of Jimmy Mubenga, the Angolan asylum seeker who an inquest jury last week ruled was unlawfully killed by three G4S escort guards.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Newport scrap metal dealer ‘first in UK’ to be fined under new law – BBC News

Posted July 17th, 2013 in fines, handling stolen goods, news, prosecutions by sally

“A scrap metal dealer from Newport is believed to be the first in the UK to be prosecuted for not checking sellers’ ID under new laws introduced in March.”

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BBC News, 16th July 2013

Source: www.bbc.co.uk

‘Badger was fox’ lie Cumbria men’s convictions upheld – BBC news

“Three men given jail sentences after taking a badger from a wood and trying to pretend it was a fox have had their convictions upheld at an appeal.”

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BBC News, 16th July 2013

Source: www.bbc.co.uk

Michael Gove strips council of child protection powers – The Guardian

“A council has been stripped of its powers to provide child protection by the education secretary, Michael Gove, after the latest in a series of damning reports found its services could not overcome a persistent culture of ‘failure and disillusion’.”

Full story

The Guardian, 16th July 2013

Source: www.guardian.co.uk

Only one in every 100 reports of illegal immigration results in deportation – Daily Telegraph

Posted July 17th, 2013 in appeals, bills, deportation, immigration, news, select committees, statistics by sally

“Only one in every 100 reports of illegal immigration has resulted in someone being removed from the country, the Home Office has admitted.”

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Daily Telegraph, 16th July 2013

Source: www.telegraph.co.uk

Mother calls for law change after Surrey coach crash ruling – The Guardian

Posted July 17th, 2013 in accidents, health & safety, inquests, news, regulations by sally

“Accident that led to deaths of three people caused by ‘catastrophic failure’ in a 20-year-old tyre, coroner rules.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Theresa May considers ‘second-tier’ banning orders – The Guardian

“Ministers are ‘actively considering’ a second-tier banning order that would outlaw groups that are not outright terrorist organisations but promote extremism and hatred on the streets, the home secretary, Theresa May, has confirmed.”

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The Guardian, 16th July 2013

Source: www.guardian.co.uk

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department – WLR Daily

Regina (MM) v Secretary of State for the Home Department; Regina (Majid) v Secretary of State for the Home Department; Regina (Javed) v Secretary of State for the Home Department [2013] EWHC 1900 (Admin); [2013] WLR (D) 280

“When applied to either recognised refugees or British citizens Appendix FM of the Statement of Changes in Immigration Rules (HC 395), as inserted, which prevented entry clearance to a party to a marriage where the income of the sponsor did not meet the minimum threshold, was a disproportionate interference with the right to respect for family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 5th July 2013

Source: www.iclr.co.uk

Regina v Turbill; Regina v Broadway – WLR Daily

Posted July 16th, 2013 in appeals, care homes, jury directions, law reports, negligence, wilful neglect by sally

Regina v Turbill; Regina v Broadway [2013] WLR (D) 279

“Where a defendant who had the care of someone who lacked capacity was charged with an offence of wilful neglect it was necessary for the prosecution to prove that the negligence was wilful in that either the defendant was aware of the consequences of the negligence or could not care less as to the consequences.”

WLR Daily, 12th July 2013

Source: www.iclr.co.uk

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale – WLR Daily

Posted July 16th, 2013 in EC law, freedom of movement, health, law reports, social services by sally

Fédération des maisons de repos privées de Belgique (Femarbel) ASBL v Commission communautaire commune de Bruxelles-Capitale (Case C-57/12); [2013] WLR (D) 278

“On the proper interpretation of article 2(2)(f) of Parliament and Council Directive 2006/123/EC of 12 December 2006 on services in the internal market, the exclusion of healthcare services from the scope of the Directive covered any activity intended to assess, maintain or restore the state of health of patients, where that activity was carried out by healthcare professionals recognised as such by the member state concerned, regardless of the ways in which the facilities in which that care was provided were organised and financed or whether they were public or private. On the proper interpretation of article 2(2)(j) the exclusion of social services from the scope of that Directive included any activity relating, inter alia, to the care and assistance of elderly persons, where that activity was carried out by a private service provider which has been mandated by the state by means of an act conferring, in a clear and transparent manner, a genuine obligation to provide such services under specific conditions.”

WLR Daily, 11th July 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

R. v Starr [2013] EWCA Crim 1179 (14 June 2013)

McGrath [2013] EWCA Crim 1261 (12 July 2013)

Court of Appeal (Civil Division)

Mayes v Knowles [2013] EWCA Civ 834 (12 July 2013)

Nicholls v Ladbrokes Betting & Gaming Ltd [2013] EWCA Civ 1963 (11 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

AA-R (Iran) v Secretary of State for the Home Department [2013] EWCA Civ 835 (12 July 2013)

Cunningham v Aurora Kendrick James Ltd [2013] EWCA Civ 825 (12 July 2013)

High Court (Queen’s Bench Division)

Nulty & Anor v Milton Keynes Borough Council [2012] EWHC 730 (QB) (03 February 2012)

High Court (Chancery Division)

Whitmar Publications Ltd v Gamage & Ors [2013] EWHC 1881 (Ch) (04 July 2013)

High Court (Administrative Court)

Ragul & Anor v The Government of Azerbaijan [2013] EWHC 2000 (Admin) (12 July 2013)

Prenga, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1981 (Admin) (12 July 2013)

Zpevak v Regional Court of Brno Czech Republic [2013] EWHC 1257 (Admin) (08 May 2013)

General Dental Council v Jamous [2013] EWHC 1428 (Admin) (10 May 2013)

Modzelewski, R (on the application of) v Regional Court In Warsaw, Poland [2013] EWHC 1670 (Admin) (20 May 2013)

Sultan v The General Medical Council [2013] EWHC 1518 (Admin) (14 May 2013)

UK Uncut Legal Action Ltd v HM Revenue and Customs & Anor [2013] EWHC 1283 (Admin) (16 May 2013)

Belkevich, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1389 (Admin) (03 May 2013)

Nursing and Midwifery Council v Jerry [2013] EWHC 1542 (Admin) (21 May 2013)

Barclay & Anor, R (on the application of) v Secretary of State for Justice & Ors [2013] EWHC 1183 (Admin) (09 May 2013)

Kibe, R (on the application of) v Nursing and Midwifery Council [2013] EWHC 1402 (Admin) (03 May 2013)

Grudkowska v Circuit Court of Torun, Poland [2013] EWHC 1618 (Admin) (10 May 2013)

EO & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1236 (Admin) (17 May 2013)

Soor & Anor v London Borough of Redbridge [2013] EWHC 1239 (Admin) (16 May 2013)

Vaganovs v Prosecutor General Office of the Republic of Latvia [2013] EWHC 1472 (Admin) (08 May 2013)

Zielinski v Regional Court In Poznan Poland [2013] EWHC 1511 (Admin) (15 May 2013)

Pacia v Judicial Authority of Poland [2013] EWHC 1520 (Admin) (08 May 2013)

Brazuks v General Office of the Republic of Latvia [2013] EWHC 1527 (Admin) (13 May 2013)

Juchniewicz v Regional Court In Szczecin (Polish Judicial Authority) [2013] EWHC 1529 (Admin) (13 May 2013)

Waszkiewicz v District Court of Poznan, Poland [2013] EWHC 1614 (Admin) (10 May 2013)

Ogbonna-Jacob v Nursing and Midwifery Council [2013] EWHC 1595 (Admin) (16 May 2013)

Presecan v Cluj-Napoca Court, Romania [2013] EWHC 1609 (Admin) (22 May 2013)

Source: www.bailii.org

Bar Council: Parliament must have chance to scrutinise EU justice opt out – The Bar Council

Posted July 16th, 2013 in criminal justice, EC law, news, parliament, treaties by sally

“The Bar Council, which represents barristers in England and Wales, has called on the Government to allow Parliament to scrutinise its intention to opt-out of more than 130 EU criminal justice measures properly. This comes as a Motion to Approve the opt-out has been scheduled for Monday 15 July, rather than full parliamentary scrutiny.”

Full story

The Bar Council, 12th July 2013

Source: www.barcouncil.org.uk

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association – Supreme Court

Lady Hale gives the Alison Weatherfield Memorial Lecture at the Employment Lawyers Association (PDF)

Supreme Court, 10th July 2013

Source: www.supremecourt.gov.uk

Courts could force directors to compensate creditors, under Government plans – OUT-LAW.com

“Courts could be given the power to order disqualified company directors to compensate creditors who have lost money as a result of their actions, under plans being considered by the Government.”

Full story

OUT-LAW.com, 16th July 2013

Source: www.out-law.com

Proposals for radical overhaul of bar practising fee sparks fury – The Lawyer

Posted July 16th, 2013 in barristers, fees, news, remuneration by sally

“Top earning civil barristers are threatening revolt over plans to charge them a practising certificate fee (PCF) based on annual income.”

Full story

The Lawyer, 15th July 2013

Source: www.thelawyer.com

Paedophile freed and not banned from Facebook despite using it to groom victims – Daily Telegraph

“A judge has allowed a paedophile to walk free from court and continue using Facebook for the second time despite him repeatedly accessing the site to groom children.”

Full story

Daily Telegraph, 15th July 2013

Source: www.telegraph.co.uk