Daniel Pelka case ‘could happen again’ says council – BBC News

Posted January 17th, 2014 in child abuse, child neglect, news, social services by sally

‘The head of the social care department that “missed chances” to save the life of a boy has said he could not rule out a similar case happening in future.’

Full story

BBC News, 17th January 2014

Source: www.bbc.co.uk

UCAS and the extent of FOIA: Tribunal favours wide approach – Panopticon

‘Transparency advocates often express frustration at the number of bodies which are not within the scope of FOIA, because they are not listed or designated as ‘public authorities’ for FOIA purposes. The Coalition government responded by announcing, in January 2011, that FOIA would be extended to a number of additional bodies. This was done with effect from 1 November 2011, through the Freedom of Information (Designation as Public Authorities) Order 2011. This brought the Association of Chief Police Officers of England, Wales and Northern Ireland (ACPO); the Financial Ombudsman Service and the Universities and Colleges Admissions Service (UCAS) within the scope of FOIA.’

Full story

Panopticon, 16th January 2014

Source: www.panopticonblog.com

Ombudsman and council in standoff over £60,000-plus payment – Local Government Lawyer

Posted January 17th, 2014 in carers, compensation, complaints, delay, local government, married persons, news, ombudsmen by sally

‘The Local Government Ombudsman and a local authority are at loggerheads over a recommendation that the council pay out more than £60,000 to a man forced to become a full-time carer for his wife.’

Full story

Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

MoJ presses ahead with plan to introduce RTA medical panels this year – Litigation Futures

Posted January 17th, 2014 in doctors, expert witnesses, news, personal injuries, road traffic by sally

‘The new independent medical panels to assess whiplash injuries are on course for implementation this year after the Ministry of Justice (MoJ) began putting together a working group to take them forward.’

Full story

Litigation Futures, 16th January 2014

Source: www.litigationfutures.com

Prohibiting positive action – clarification, but little practical impact – Halsbury’s Law Exchange

Posted January 17th, 2014 in bills, diversity, equality, news, recruitment by sally

‘The Equality and Diversity (Reform) Bill is currently making its way through Parliament. The private members’ bill will prohibit the use of affirmative and positive action in recruitment and appointment processes.’

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Halsbury’s Law Exchange, 16th January 2014

Source: www.halsburyslawexchange.co.uk

Google must face UK courts over claims of privacy breach of iPhone users – The Guardian

Posted January 17th, 2014 in data protection, internet, news, privacy, telecommunications by sally

‘Google has lost its high court bid to block a breach of privacy legal action launched against it in the UK by a group of British internet users.’

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The Guardian, 16th January 2014

Source: www.guardian.co.uk

‘Secure college’ plans for young offenders revealed – BBC News

‘Plans to build the first “secure college” for young criminals in England and Wales have been confirmed by ministers.’

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BBC News, 17th January 2014

Source: www.bbc.co.uk

Senior judge orders greater transparency in family court judgments – The Guardian

Posted January 17th, 2014 in Court of Protection, family courts, judgments, news, reporting restrictions by sally

‘Many more judgments from some of the UK’s most secret hearings will be published in future, the judge in charge of the family court and the court of protection has ordered.’

Full story

The Guardian, 16th January 2014

Source: www.guardian.co.uk

The violent gang leader we can’t deport is freed to walk the streets – Daily Telegraph

Posted January 16th, 2014 in asylum, deportation, detention, gangs, news, violent offenders by tracey

‘A violent gang “general” who police believe poses a serious threat to the public is back on the streets after attempts to have him deported ended in failure.’

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Daily Telegraph, 16th January 2014

Source: www.telegraph.co.uk

Cancer patient Peter Redfern: Wife and daughter killer jailed – BBC News

Posted January 16th, 2014 in homicide, medicines, mental health, murder, news, sentencing by tracey

‘A cancer patient has been jailed for life for killing his wife and daughter after suffering an adverse psychiatric reaction to his chemotherapy drugs.’

Full story

BBC News, 16th January 2014

Source: www.bbc.co.uk

Kevin Ssali stabbing: Roree Cox guilty of bus murder – BBC News

Posted January 16th, 2014 in murder, news, young offenders by tracey

‘A teenager has been found guilty of the murder of a 14-year-old boy who was stabbed on a south-east London bus.’

Full story

BBC News, 15th January 2014

Source: www.bbc.co.uk

Court of Appeal agrees to hear day centre closures case – Local Government Lawyer

Posted January 16th, 2014 in appeals, care homes, consultations, learning difficulties, local government, news by tracey

‘Claimants seeking to stop the closure of day centres in Shropshire have this week been given permission to take their case to the Court of Appeal.’

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Local Government Lawyer, 16th January 2014

Source: www.localgovernmentlawyer.co.uk

Final TUPE amendment regulations provide “welcome clarification”, but uncertainties remain, says expert – OUT-LAW.com

Posted January 16th, 2014 in contract of employment, employment, news, redundancy, regulations, trade unions by tracey

‘Companies can now start “looking in earnest” at how to make changes to the regime governing protections for employees transferring to a new employer after the publication of final regulations clarified some outstanding questions about the new regime, an expert has said.’

Full story

OUT-LAW.com, 15th January 2014

Source: www.out-law.com

Woolf on the “transforming” potential of Low Commission recommendations – Legal Voice

Posted January 16th, 2014 in judges, legal aid, legal representation, news, reports by tracey

‘A former lord chief justice called on politicians to back the recommendations of the Low Commission which last week made the case for an extra £100m to ensure “a basic level of provision” of advice in its final report.’

Full story

Legal Voice, 15th January 2014

Source: www.legalvoice.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 16th, 2014 in legislation by tracey

The Statutory Sick Pay (Maintenance of Records) (Revocation) Regulations 2014

The Machine Games Duty (Types of Machine) Order 2014

The Health and Social Care Act 2012 (Commencement No. 7 and Transitory Provision) Order 2014

The Categories of Gaming Machine (Amendment) Regulations 2014

Source: www.legislation.gov.uk

Regina v Robinson-Pierre [2013] EWCA Crim 2396 – WLR Daily

Posted January 16th, 2014 in appeals, dogs, law reports, strict liability by tracey

Regina v Robinson-Pierre [2013] EWCA Crim 2396;   [2013] WLR (D)  517

‘An offence of allowing a dog to be dangerously out of control in a public place, contrary to section 3(1) of the Dangerous Dogs Act 1991, was a strict liability offence but nevertheless required proof by the prosecution of an act or omission on the part of the defendant (with or without fault) that to some (more than minimal) degree caused or permitted that prohibited state of affairs to come about.’

WLR Daily, 20th December 2014

Source: www.iclr.co.uk

S v S [2014] EWHC 7 (Fam) – WLR Daily

Posted January 16th, 2014 in arbitration, consent orders, financial provision, law reports by tracey

S v S [2014] EWHC 7 (Fam);   [2014] WLR (D)  1

‘Where the parties had bound themselves to accept an arbitral award of the kind provided for by the Institute of Family Law Arbitrators (“IFLA”) Scheme, that generated a single “magnetic factor” of determinative importance and, in the absence of some very compelling countervailing factor or factors, the arbitral award should be determinative of the order the court made.’

WLR Daily, 14th January 2014

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 16th, 2014 in law reports by tracey

Supreme Court

LC (Children), Re [2014] UKSC 1 (15 January 2014)

High Court (Chancery Division)

Eugen Seitz AG v KHS Corpoplast GmbH & Anor [2014] EWHC 14 (Ch) (15 January 2014)

High Court (Queen’s Bench Division)

Bijlani v Unum Ltd [2014] EWHC 27 (QB) (15 January 2014)

High Court (Technology and Construction Court)

Pickard Finlason Partnership Ltd v Lock & Anor [2014] EWHC 25 (TCC) (15 January 2014)

Source: www.bailii.org

MoJ confirms plans for medical whiplash panels – Law Society’s Gazette

Posted January 16th, 2014 in doctors, evidence, fraud, limitations, news, personal injuries by tracey

‘The Ministry of Justice has confirmed that a working group will next month begin the process of creating medical panels to assess whiplash injury claims.’

Full story

Law Society’s Gazette, 16th January 2014

Source: www.lawgazette.co.uk

Man jailed for refusing to give police USB stick password – BBC News

Posted January 16th, 2014 in computer programs, encryption, fraud, news, sentencing, terrorism by tracey

‘A man has been jailed for refusing to give police the password to a memory stick that they could not crack. Syed Hussain, 22, from Luton, was convicted of failing to provide police with the password to the stick seized in a counter-terrorism operation.’

Full story

BBC News, 15th January 2014

Source: www.bbc.co.uk