Author: sally

Strack v European Commission – WLR Daily

Posted October 7th, 2014 in documents, EC law, freedom of information, law reports, proportionality by sally

Strack v European Commission (Case C‑127/13 P) ECLI:EU:C:2014:2250; [2014] WLR (D) 40

‘An institution of the European Union could, in exceptional circumstances, refuse access to certain documents on the ground that the workload relating to their disclosure would be disproportionate as compared to the objectives set by the application for access to those documents. However, reliance on the principle of proportionality could not allow the time-limits laid down by Parliament and Council Regulation (EC) No 1049/2001 of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ 2001 L145, p 43) to be changed without creating a situation of legal uncertainty.’

WLR Daily, 2nd October 2014

Source: www.iclr.co.uk

Bedroom Tax: Upper Tribunal on Article 14 – NearlyLegal

Posted October 7th, 2014 in benefits, disability discrimination, news, Scotland, social security, tribunals by sally

‘Following my plaintive cry here, I now have copies of the two Upper Tribunal judgments from Scotland referred to by the DWP. And, while the judgments do do something rather more and rather different to the outcomes suggested in the DWP Circular, sadly, what they actually do is worse.’

Full story

NearlyLegal, 6th October 2014

Source: www.nearlylegal.co.uk

Loss of Earnings: The “Ogden Approach” in Practice: Two Cases Examined – Zenith PI Blog

Posted October 7th, 2014 in appeals, compensation, damages, news, personal injuries by sally

‘Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.’

Full story

Zenith PI Blog, 6th October 2014

Source: www.zenithpi.wordpress.com

Calls for law to be changed after Broadmoor killer Barry Williams is released without supervision – Daily Telegraph

Posted October 7th, 2014 in conditional discharge, detention, firearms, mental health, news, probation, recidivists by sally

‘A serious case review is launched after mass killer Barry Williams is able to disappear following his release from Broadmoor by changing his name to Harry Street.’

Full story

Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

National Crime Agency director general: UK snooping powers are too weak – The Guardian

Posted October 7th, 2014 in computer crime, consent, crime, electronic mail, intelligence services, interception, internet, news, telecommunications by sally

‘Britons must accept a greater loss of digital freedoms in return for greater safety from serious criminals and terrorists in the internet age, according to the country’s top law enforcement officer.’

Full story

The Guardian, 7th October 2014

Source: www.guardian.co.uk

Boy taken off life support after judge rules there is no hope of a ‘miracle’ dies – Daily Telegraph

Posted October 7th, 2014 in children, human rights, medical treatment, news by sally

‘The family of the 17-month-old are ‘devastated’ after his life-support machine was switched off against their wishes.’

Full story

Daily Telegraph, 6th October 2014

Source: www.telegraph.co.uk

Last week The Sun wanted to abolish the Human Rights Act, this week they want to use it to protect their journalists – The Independent

Posted October 7th, 2014 in human rights, investigatory powers, media, news by sally

‘Just days after The Sun newspaper celebrated David Cameron’s promise to abolish the Human Rights Act (HRA), it is using the very same laws to protect one of its own journalists.’

Full story

The Independent, 6th October 2014

Source: www.independent.co.uk

IPCC’s ‘plebgate’ decision quashed by High Court – BBC News

Posted October 7th, 2014 in appeals, complaints, news, police, professional conduct by sally

‘The police watchdog’s decision to reinvestigate three officers at the centre of the “plebgate” row is flawed and must be retaken, judges have ruled.’

Full story

BBC News, 6th October 2014

Source: www.bbc.co.uk

Ex-BA pilot Bartle Frere abuse case: Jury considers verdicts – BBC News

Posted October 7th, 2014 in child abuse, indecent photographs of children, news, sexual offences by sally

‘A jury has been sent out in the case of a former British Airways pilot accused of abusing boys in the UK and India.’

Full story

BBC News, 6th October 2014

Source: www.bbc.co.uk

Revenge porn could lead to 14-year sentence, new guidelines clarify – The Guardian

Posted October 7th, 2014 in Crown Prosecution Service, harassment, news, obscenity, pornography, sentencing, sexual offences by sally

‘The most serious cases of revenge pornography – putting sexually explicit images of former partners online – should be prosecuted under laws which carry a maximum sentence of 14 years, new guidance from the Crown Prosecution Service suggests.’

Full story

The Guardian, 7th October 2014

Source: www.guardian.co.uk

Finance & Divorce Update – Family Law Week

Posted October 6th, 2014 in appeals, child support, children, costs, dispute resolution, divorce, family courts, financial dispute resolution, financial provision, news, statistics by sally

‘Jessica Craigs, senior solicitor of Mills & Reeve LLP analyses the financial remedies and divorce news and cases published by Family Law Week during September.’

Full story

Family Law Week, 5th October 2014

Source: www.familylawweek.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 6th, 2014 in legislation by sally

The Teachers’ Pension Scheme (Amendment) Regulations 2014

The Teachers’ Pensions (Miscellaneous Amendments) (No. 2) Regulations 2014

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted October 6th, 2014 in law reports by sally

Court of Appeal (Criminal Division)

Esprit & Ors, v R [2014] EWCA Crim 1918 (03 October 2014)

High Court (Chancery Division)

Enterprise Holdings Inc v Europcar Group UK Ltd & Anor [2014] EWHC 3169 (Ch) (30 September 2014)

High Court (Administrative Court)

Monji v General Pharmaceutical Council [2014] EWHC 3128 (Admin) (03 October 2014)

Commercial Estates Group Ltd v Secretary of State for Communities And Local Government & Ors [2014] EWHC 3089 (Admin) (03 October 2014)

High Court (Family Division)

Newman, Re An Application By Gloucestershire County Council for the Committal To Prison of [2014] EWHC 3136 (Fam) (03 October 2014)

NATS (Services) Ltd v Gatwick Airport Ltd & Anor [2014] EWHC 3133 (TCC) (02 October 2014)

X (A Child) (Surrogacy: Time Limit) [2014] EWHC 3135 (Fam) (03 October 2014)

High Court (Commercial Court)

Deutsche Bank AG & Ors v Unitech Global Ltd & Ors [2014] EWHC 3117 (Comm) (03 October 2014)

Credit Suisse International v Stichting Vestia Groep [2014] EWHC 3103 (Comm) (03 October 2014)

Fiona Trust & Holding Corporation & Ors v Yuri Privalov & Ors [2014] EWHC 3102 (Comm) (03 October 2014)

High Court (Technology and Construction Court)

Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C4I) Ltd (No 2) [2014] EWHC 3148 (TCC) (03 October 2014)

High Court (Patents Court)

Wobben Properties GmbH v Siemens Public Ltd Company & Ors [2014] EWHC 3173 (Pat) (02 October 2014)

Source: www.bailii.org

European Convention on Human Rights: What has it ever done for us? – The Independent

Posted October 6th, 2014 in armed forces, children, compensation, cross-examination, disabled persons, DNA, domestic violence, education, elderly, families, health, hospitals, human rights, jurisdiction, learning difficulties, libraries, local government, news, police, political parties, privacy, proportionality, public interest, rape, suicide, torture, trafficking in human beings by sally

‘As the Tories attempt to dilute the treaty’s authority in the UK, James Cusick takes a look at the difference it has made.’

Full story

The Independent, 3rd October 2014

Source: www.independent.co.uk

The costs of rectification – Law Society’s Gazette

Posted October 6th, 2014 in appeals, costs, drafting, intestacy, negligence, news, rectification, solicitors, Supreme Court, wills by sally

‘This case continues to generate interesting discussion in the Supreme Court – this time on the issue of costs.’

Full story

Law Society’s Gazette, 6th October 2014

Source: www.lawgazette.co.uk

Does UK copyright law have a sense of humour? – Daily Telegraph

Posted October 6th, 2014 in artistic works, copyright, EC law, interpretation, news by sally

‘Under a new exception to copyright law, anyone will be able to make a funny parody or mash-up from existing material. But do the courts have a sense of humour, asks Adam Rendle.’

Full story

Daily Telegraph, 4th October 2014

Source: www.telegraph.co.uk

EVENT: Halsbury’s Law Exchange – Women in prison: is the penal system fit for purpose?

Posted October 6th, 2014 in Forthcoming events by sally

‘Panellists include:

Joshua Rozenberg, Legal Commentator and Journalist (Chair)
Felicity Gerry QC at 36 Bedford Row
Jenny Earle, Director of the Prison Reform Trust’s Programme to Reduce Women’s Imprisonment
Lord Ramsbotham GCB CBE
The Right Honourable The Lord Phillips of Worth Matravers KG, PC
A short video of interviews with ex-offenders will be broadcast at the event.

We will also be releasing a policy paper with unique research to all attendees in the coming weeks.

Points for discussion:

Explore the impact of imprisonment on female offenders and the wider community
Examine the current penal system and whether it is fit for purpose
Discuss alternatives to prison based on the needs of the individual’

Date: 11th November 2014, 6.00pm

Location: Prince Philip House

Charge: Free, registration required

More information can be found here.

Conservatives plan to scrap Human Rights Act – read the full document – The Guardian

Posted October 6th, 2014 in human rights, jurisdiction, news, political parties by sally

‘Chris Grayling’s eight-page strategy paper ‘Protecting human rights in the UK’ promises to ‘restore sovereignty to Westminster’ through a parliamentary override, breaking the formal link between British courts and the European court of human rights.’

Full document

The Guardian, 3rd October 2014

Source: www.guardian.co.uk

High Court attacks “unreasonable and opportunistic” defendants in relief from sanctions ruling – Litigation Futures

Posted October 6th, 2014 in appeals, costs, delay, disciplinary procedures, documents, fees, news, solicitors by sally

‘The High Court has overturned a cost judge’s refusal to grant relief from sanctions that prevented claimant lawyers from recovering their success fees, and instead accused the defendants of “unreasonable and opportunistic” conduct.’

Full story

Litigation Futures, 6th October 2014

Source: www.litigationfutures.com

The Fragility of Human Rights – UK Human Rights Blog

Posted October 6th, 2014 in constitutional law, human rights, jurisdiction, news, political parties by sally

‘The announcement this week of a new Conservative Party plan to repeal the Human Rights Act, ‘Protecting Human Rights in the UK’, has brought to a boil a cauldron of incredulity (pictured) about the Government’s attitude towards the law. The response from human rights lawyers and advocacy groups has been swift. Liberty describes the Conservative Party plan as ‘legally illiterate’. The several ways in which that is true have already been the subject of detailed exposition. Indeed, Liberty’s response is even more accurate than it might first appear. If the Conservative Party plan is legally illiterate then it is best read as a political tactic to assure its supporters that it is the party of anti-European sentiment.’

Full story

UK Human Rights Blog, 5th October 2014

Source: www.ukhumanrightsblog.com