Recent Statutory Instruments – legislation.gov.uk

Posted February 20th, 2015 in legislation by sally

SI 2015/240 – The Protection of Freedoms Act 2012 (Code of Practice for Powers of Entry and Description of Relevant Persons) Order 2015

SI 2015/235 – The Public Processions (Electronic Communication of Notices) (Northern Ireland) Order 2015

SI 2015/234 – The Accounts and Audit Regulations 2015

SI 2015/233 – The Health Service Medicines (Control of Prices and Supply of Information) (Amendment) Regulations 2015

SI 2015/202 – The Social Security (Penalty as Alternative to Prosecution) (Maximum Amount) Order 2015
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Put barristers back in charge of pupillage, says bar training regulator – Bar Standards Board

Posted February 20th, 2015 in barristers, consultations, legal education, licensing, news, pupillage by sally

‘Chambers and employers should be put back in charge of designing the pupillage experience for aspiring barristers, the Bar Standards Board (BSB) has said.’

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Bar Standards Board, 20th February 2014

Source: www.barstandardsboard.org.uk

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) – WLR Daily

JX MX v Dartford and Gravesham NHS Trust (Personal Injury Bar Association and another intervening) [2015] EWCA Civ 96 ; [2015] WLR (D) 77

‘The Court of Appeal issued guidelines as to the principles which should apply, on an application for approval of a compromise of a claim of damages for personal injury brought by a child, where the court in the exercise of its power was deciding whether as a matter of necessity to withhold from the public the names of the parties to the litigation.

WLR Daily, 17th February 2015

Source: www.iclr.co.uk

In re Z (Children) (DNA Profiles: Disclosure) – WLR Daily

In re Z (Children) (DNA Profiles: Disclosure) [2015] EWCA Civ 34; [2015] WLR (D) 76

‘On a purposive construction of sections 19 and 22 in Part II of the Police and Criminal Evidence Act 1984, biometric material seized and retained by the police could not be used or disclosed for any purpose other than criminal law enforcement, nor could a court order its disclosure for an unconnected purpose. Such a construction was compatible with the right to respect for a person’s private and family life under article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Collective redundancies: Is a return to normality on the horizon? – The Futures of Law

Posted February 20th, 2015 in appeals, consultations, employment tribunals, interpretation, news, redundancy by sally

‘Those responsible for employment decisions in firms and businesses with multiple office locations will have been relieved that the Advocate General recommended a reversal of the Employment Appeal Tribunal’s interpretation of ‘one establishment’ in the Woolworths cases (USDAW v Ethel Austin Ltd (In administration) UKEAT/0547/12/kn[2013] IRL886) when his opinion was handed down on 5 February 2015. However, as the European Court of Justice is not obliged to follow the AG’s opinion, we still have some time to wait for further clarity on this issue.’

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The Futures of Law, 19th February 2015

Source: www.blogs.lexisnexis.co.uk

Brusthom Ziamani: Teenager guilty of plot to behead soldier – BBC News

Posted February 20th, 2015 in armed forces, intelligence services, Islam, news, terrorism by sally

‘A teenager who was on his way to behead a British soldier with a 12in knife when he was arrested, has been found guilty of preparing a terrorist act.’

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BBC News, 19th February 2015

Source: www.bbc.co.uk

CA supports anonymity orders in personal injury approval hearings – UK Human Rights Blog

‘For some years there has been debate between the judges about whether anonymity orders should be made when very seriously injured people’s claims are settled and the court is asked to approve the settlement. This welcome decision of the Court of Appeal means that anonymity orders will normally be made in cases involving protected parties.’

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UK Human Rights Blog, 19th February 2015

Source: www.ukhumanrightsblog.com

Lawyers using libel threats to “intimidate” clients who post negative reviews online – Legal Futures

‘Lawyers are increasingly using threats of libel action to intimidate clients into taking down negative reviews from comparison websites, it was claimed yesterday.’

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Legal Futures, 20th February 2015

Source: www.legalfutures.co.uk

Illegal occupation is no bar to adverse possession – NearlyLegal

Posted February 20th, 2015 in Administrative Court, adverse possession, appeals, news by sally

‘The Court of Appeal considered the clash of s.144 LASPO and the rules on adverse possession, on appeal from the Administrative Court. Our report on the Admin Court judgment is here, and, to be honest, I’m not sure that the Court of Appeal adds much to that judgment. Much the same arguments were rehearsed and much the same conclusion is reached.’

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NearlyLegal, 19th February 2015

Source: www.nearlylegal.co.uk

RAC: Millions in private parking fines ‘charged illegally’ – BBC News

Posted February 20th, 2015 in appeals, enforcement, fines, news, parking, precedent, proportionality by sally

‘Millions of pounds of parking fines could have been charged illegally, according to the RAC Foundation.’

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BBC News, 20th February 2015

Source: www.bbc.co.uk

Old Bailey jury ordered not to watch BBC documentary on royals – The Guardian

‘The jury in a trial at the Old Bailey have been ordered not to watch a BBC documentary on the royal family’s relations with the media amid concerns it could prejudice a fair trial of the Sun’s royal editor.’

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The Guardian, 19th February 2015

Source: www.guardian.co.uk