Police officer sacked for misconduct involving vulnerable person – The Guardian

Posted November 15th, 2013 in disciplinary procedures, news, police, professional conduct, victims by tracey

“Essex police dismiss unnamed constable who tried to start a relationship with a victim and sent her sexually suggestive messages.”

Full story

The Guardian, 15th November 2013

Source: www.guardian.co.uk

British Airways stewardess attacked pilot lover, court hears – Daily Telegraph

Posted November 15th, 2013 in costs, news, sentencing, suspended sentences, wounding by tracey

“The senior British Airways cabin crew member smashed a glass in the pilot’s face when he told her their affair was over.”

Full story

Daily Telegraph, 15th November 2013

Source: www.telegraph.co.uk

Command papers – official-documents.gov.uk

Posted November 15th, 2013 in parliamentary papers by tracey

Government response to the Justice Committee’s fifth report of session 2013-14: older prisoners, Cm 8739 (PDF)

Source: www.official-documents.gov.uk

Regulation fees paid by claims management companies – Ministry of Justice

Posted November 15th, 2013 in claims management, consultations, fees by tracey

“This consultation invites views on the fees for applications for authorisation and annual fees for the regulation year 1 April 2014 to 31 March 2015 for claims management companies.”

Full press release

Ministry of Justice, 15th November 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Clampdown on cautions for repeat offenders – Ministry of Justice

Posted November 15th, 2013 in cautions, persistent offenders, police, press releases, recidivists by tracey

“Criminals should no longer be able to receive a second caution for the same, or similar, offence committed in a two year period Justice Secretary Chris Grayling said today.”

Full press release

Ministry of Justice, 14th November 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Government response and progress update to Equality and Human Rights Commission report ‘Hidden in Plain Sight’ – Home Office

“In July 2012, the government published its response to the EHRC recommendations from its inquiry into disability related harassment. Our response set out our commitment to tackle disability related harassment and how we planned to take forward work to address the issues identified, including through ‘Challenge it, Report it, Stop it’, the government’s plan to tackle hate crime. This update provides an overview of the government’s specific achievements to address hate crime and disability-related harassment to date. Over the last year we have made significant progress in a number of areas to identify gaps and improve our response to disability equality, change negative attitudes and provide support for disabled people and disabled people’s organisations.”

Full text

Home Office, 14th November 2013

Source: www.gov.uk/home-office

Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Panopticon

Posted November 15th, 2013 in appeals, confidentiality, freedom of information, medical records, news, tribunals by tracey

“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”

Full story

Panopticon, 14th November 2013

Source: www.panopticonblog.com

Restrictions placed on supply of drugs were not anti-competitive, rules Court of Appeal – OUT-LAW.com

Posted November 15th, 2013 in appeals, competition, injunctions, medicines, news by tracey

“A pharmaceuticals company did not act in breach of UK competition rules when it placed restrictions on its supply of a drug to one of its customers, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 14th November 2013

Source: www.out-law.com

High Court allows eviction of fracking protestors, but council must find “appropriate” alternative space – OUT-LAW.com

Posted November 15th, 2013 in demonstrations, energy, freedom of expression, local government, news, repossession by tracey

“The High Court has granted a possession order to West Sussex County Council, allowing it to remove anti-fracking protestors from where they have camped alongside a busy main road.”

Full story

OUT-LAW.com, 14th November 2013

Source: www.out-law.com

More on JR and Costs – NearlyLegal

Posted November 15th, 2013 in Administrative Court, consent orders, costs, judicial review, news by tracey

“We have been blogging lately about costs in settled JRs and S.204 appeals and we can now report that the Admin Court Office has published guidance on costs following settlement of JR claims. The guidance applies to all consent orders submitted to the Admin Court after 20/11/13. Below is a summary of the main points within the new guidance.”

Full story

Full guidance

NearlyLegal, 14th November 2013

Source: www.nearlylegal.co.uk/blog/

Recent Statutory Instruments – legislation.gov.uk

Posted November 15th, 2013 in news by tracey

The Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013

The Health and Social Care Act 2012 (Commencement No. 6) Order 2013

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013

The Central Rating List (England) (Amendment) (No. 2) Regulations 2013

Source: www.legislation.gov.uk

Moss v The Queen – WLR Daily

Posted November 15th, 2013 in appeals, criminal justice, homicide, law reports, Privy Council, sentencing by tracey

Moss v The Queen: [2013] UKPC 32;   [2013] WLR (D)  434

“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”

WLR Daily, 13th November 2013

Source: www.iclr.co.uk

Federal Republic of Germany v Puid – WLR Daily

Posted November 15th, 2013 in asylum, EC law, immigration, law reports by tracey

Federal Republic of Germany v Puid: Case C-4/11;   [2013] WLR (D)  435

“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 15th, 2013 in law reports by tracey

Court of Appeal (Civil Division)

Lemas & Anor v Williams [2013] EWCA Civ 1433 (14 November 2013)

Ansari v Knowles & Ors [2013] EWCA Civ 1448 (14 November 2013)

Gladman Commercial Properties v Fisher Hargreaves Proctor & Ors [2013] EWCA Civ 1466 (14 November 2013)

TFL Management Services Ltd v Lloyds Bank Plc [2013] EWCA Civ 1415 (14 November 2013)

Court of Appeal (Criminal Division)

Hollier & Anor, R. v [2013] EWCA Crim 2041 (14 November 2013)

High Court (Administrative Court)

Makanjuola v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3528 (Admin) (14 November 2013)

Hayden, R (on the application of) v Kelly [2013] EWHC 3527 (Admin) (14 November 2013)

Hussein v The General Medical Council [2013] EWHC 3535 (Admin) (14 November 2013)

High Court (Chancery Division)

Bank St Petersburg & Anor v Savelyev & Anor [2013] EWHC 3529 (Ch) (14 November 2013)

High Court (Family Division)

K (A Child: Wardship: Publicity), Re (No 2) [2013 EWHC B21 (Fam) (08 November 2013)

Source: www.bailii.org

Complex fraud trial threatened as barristers decline work at reduced rate – The Guardian

Posted November 15th, 2013 in barristers, defence, fraud, legal aid, news, trials by tracey

“A complex fraud trial is threatened with collapse because barristers are refusing to take on defence work due to government cuts in legal aid. The case, involving eight defendants accused of what is known as a land bank fraud, is the first criminal proceeding affected by concerted action by advocates declining to accept work for significantly lower fees.”

Full story

The Guardian, 14th November 2013

Source: www.guardian.co.uk

Scandal cancer trust placed in special measures – Daily Telegraph

Posted November 15th, 2013 in cancer, health, hospitals, inquests, news by tracey

“An inquest heard how a policewoman died at Colchester Hospital University NHS Foundation Trust, just hours after childbirth, after staff failed to replace lost blood, which triggered a cardiac arrest. The case of Diane Patt, 34, follows an inquest earlier this year into the death of a baby, whose skull was crushed by excessive use of forceps. Yesterday regulators placed the trust in special measures, after inspectors found that staff were put under pressure to falsify data, leaving some patients waiting months for urgent cancer treatment.”

Full story

Daily Telegraph, 14th December 2013

Source: www.telegraph.co.uk

Concern over mental health detentions by police in Wales – BBC News

Posted November 15th, 2013 in detention, mental health, news, police, Wales by tracey

“Calls have been made for a reduction in the number of people taken into police custody with mental health problems.”

Full story

BBC News, 15th November 2013

Source: www.bbc.co.uk