Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) – WLR Daily

Posted November 21st, 2013 in EC law, freedom of establishment, law reports, media by sally

Belgacom NV v Interkommunale voor Teledistributie van het Gewest Antwerpen (Integan) and others (Telenet NV and others intervening) (Case C-221/12); [2013] WLR (D) 443

“Pursuant to the freedom of establishment under article 49FEU and the freedom to provide services under 56FEU of the FEU Treaty, an economic operator in a member state could, before the courts of that member state, allege an infringement of the obligation of transparency under those articles occurring at the time of conclusion of an agreement whereby one or more public entities of that member state had either granted to an economic operator of that same member state a licence for services of certain cross-border interest or granted an economic operator the exclusive right to engage in an economic activity of cross-border interest.”

WLR Daily, 14th November 2013

Source: www.iclr.co.uk

Asbestos NHS treatment cost recovery bill is voted into law – BBC News

Posted November 21st, 2013 in asbestos, bills, costs, insurance, news, Wales by sally

“A bill to recover the costs of treating Welsh asbestos patients from businesses or insurers has been passed by assembly members.”

Full story

BBC News, 20th November 2013

Source: www.bbc.co.uk

Philip Murray: Natural Justice at the Boundaries of Public Law – UK Constitutional Law Group

Posted November 21st, 2013 in civil justice, constitutional law, contracts, news by sally

“The intention of this post is a simple one: to assess the ways in which natural justice arguments have historically been raised in private law proceedings. By ‘natural justice’ I mean those common law principles requiring a fair procedure and an unbiased tribunal when powers are exercised. Ordinarily, of course, natural justice arguments arise in judicial review proceedings against public bodies in the Administrative Court or Upper Tribunal, usually when those bodies are exercising a statutory power. But to what extent can it be argued that a private body, in its private relations with private individuals, has acted unlawfully by making decisions in a procedurally unfair manner?”

Full story

UK Constitutional Law Group, 21st November 2013

Source: www.ukconstitutionallaw.org

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, human rights, immigration, law reports, Supreme Court, tribunals by sally

Patel & Others (Appellants) v Secretary of State for the Home Department (Respondent); Anwar (Appellant) v Secretary of State for the Home Department (Respondent); Alam (Appellant) v Secretary of State for the Home Department (Respondent) [2013] UKSC 72 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Sakalis (Appellant) v Ministry of Justice, Lithuania (Respondent); Lavrov (Respondent) v Ministry of Justice, Estonia (Appellant); Bucnys (Appellant) v Ministry of Justice, Lithuania (Respondent) – Supreme Court

Posted November 21st, 2013 in appeals, extradition, government departments, law reports, Supreme Court, warrants by sally

Sakalis (Appellant) v Ministry of Justice, Lithuania (Respondent); Lavrov (Respondent) v Ministry of Justice, Estonia (Appellant); Bucnys (Appellant) v Ministry of Justice, Lithuania (Respondent) [2013] UKSC 71 (YouTube)

Supreme Court, 20th November 2013

Source: www.youtube.com/user/UKSupremeCourt

Private eyes convicted over ‘blagging’ personal data – BBC News

Posted November 21st, 2013 in conspiracy, data protection, news, privacy, private investigators by sally

“Two private investigators who tricked GP surgeries and utility firms into revealing people’s private details have been convicted of breaking data laws.”

Full story

BBC News, 20th November 2013

Source: www.bbc.co.uk

Mark Elliott: Where next for the Wednesbury principle? A brief response to Lord Carnwath – UK Constitutional Law Group

Posted November 21st, 2013 in constitutional law, judges, judicial review, news, speeches by sally

“In his recent annual lecture to the Constitutional and Administrative Law Bar Association, Lord Carnwath spoke to the title: ‘From judicial outrage to sliding scales—where next for Wednesbury?’ In this post, I outline some of the key points made in the lecture and offer some critical commentary on the approach to substantive judicial review commended by Carnwath.”

Full story

UK Constitutional Law Group, 20th November 2013

Source: www.ukconstitutionallaw.org

Lie tests to be given to sex offenders – Daily Telegraph

Posted November 21st, 2013 in bail, lie detectors, news, police, probation, sexual offences by sally

“Sex offenders will be offered lie detector tests to help police assess the risk they pose to the public when released.”

Full story

Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

Defamation law reforms to take effect from the start of 2014 – OUT-LAW.com

Posted November 21st, 2013 in defamation, defences, freedom of expression, legislation, news, publishing, regulations by sally

“Changes to UK defamation laws will come into force on 1 January 2014, the Justice Minister has announced.”

Full story

OUT-LAW.com, 20th November 2013

Source: www.out-law.com

Marine “A” and the sentencing of battlefield executions – Halsbury’s Law Exchange

Posted November 21st, 2013 in armed forces, courts martial, murder, news, sentencing, war by sally

“In early November 2013, Marine A (as he is known) was convicted by a court martial of murdering a badly wounded Taliban insurgent by shooting him in the chest.”

Full story

Halsbury’s Law Exchange, 20th November 2013

Source: www.halsburyslawexchange.co.uk

Jamie Kightley death trial: Parents found guilty – BBC News

Posted November 21st, 2013 in causing death of children or vulnerable adults, child abuse, murder, news by sally

“A couple have been found guilty of causing or allowing the death of their seven-week-old son.”

Full story

BBC News, 20th November 2013

Source: www.bbc.co.uk

EVENT: Politeia – What Future for Trial by Jury?

Posted November 20th, 2013 in Forthcoming events by sally

“Trial by jury is widely seen as central to the UK’s justice system. But as the justice system faces new challenges, many will question whether the current system is still fit for purpose. Do today’s juries understand their task? Are they the most effective guarantor of justice?”

The Rt Hon Dominic Grieve QC MP is the Attorney General and Conservative MP for Beaconsfield.”

Date: 11th December 2013, 6.30-7.30 pm

Location: Royal Over-Seas League, Over-Seas House, Park Place, St James’s Street, London SW1A 1LR.

Charge: Free

More information can be found here.

Teenager accused of planning repeat Columbine massacre faces retrial – The Independent

Posted November 20th, 2013 in explosives, learning difficulties, news, retrials, terrorism, weapons, young persons by sally

“A teenager accused of planning a ‘Columbine-style’ attack on his former school will face a re-trial after an Old Bailey jury were unable to reach verdicts on two terrorism charges.”

Full story

The Independent, 20th November 2013

Source: www.independent.co.uk

EVENT: IALS – Responsibility and Accountability in the Financial Sector

Posted November 20th, 2013 in Forthcoming events by sally

“Keynote Speech by Professor Arthur Grimes: Micro-prudential settings and financial markets conduct regulations are important in controlling risk within any country – no matter how well or poorly performing its macroeconomy. In an environment of pervasive information asymmetries, an unfettered market can lead to socially sub-optimal risk-taking. Some restrictions on financial market participants’ activities and disclosure requirements are therefore required. However, adoption of policies that make the financial markets appear low risk, or even risk free, to uninformed participants can result in moral hazard that may produce even less stable outcomes than in a free market. Drawing on New Zealand’s relatively light-handed approach to financial market regulation, this lecture examines whether the GFC and other crises are caused not by too little regulation, but instead by too much.”

Date: 3rd December 2013, 3.00-7.00pm

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free

More information can be found here.

EVENT: UCL – Private Equity and Hedge Funds after the Global Financial Crisis

Posted November 20th, 2013 in Forthcoming events by sally

“As the recession stutters onwards systemic and structural causes for the financial crash continue to dominate international news and debate. Never has there been such an appetite and desire to understand the financial institutions that govern us. But despite public interest, alternative investment vehicles such as private equity and hedge funds remain elusive. Both have always had a unique position in the market, designed as they are to function outside of the rules that govern other financial organizations. But what is it that they do and – significantly – how is it that they have prospered since the 2008 meltdown despite the introduction of new regulatory regimes?”

Date: 27th November 2013, 6.00pm

Location: UCL Faculty of Laws – Graduate Wing, 1-2 Endsleigh Street, London WC1H 0EG

Charge: Free

More information can be found here.

EVENT: IALS – Whatever happened to the European Arrest Warrant?

Posted November 20th, 2013 in Forthcoming events by sally

“The Home Secretary proposes opting out and then back to the EAW, but not the one we know. The Croatians don’t want to use it either and the new Forum Bar (in force 14.10.13) will change it; as will the latest Anti Social, Crime & Policing Bill currently before Parliament. Find out what exactly is going on, and how it will affect existing Extradition arrangements.”

Date: 9th December 2013, 3.00 – 18:30

Location: Institute of Advanced Legal Studies, Charles Clore House, 17 Russell Square, London WC1B 5DR

Charge: Free, registration required

More information can be found here.

Command Papers – official-documents.gov.uk

Posted November 20th, 2013 in parliamentary papers by sally

The Government Response to the House of Commons Health Committee Third Report of Session 2013-14: After Francis: making a difference, Cm 8755 (PDF)

Treasury Minutes Government responses on the Second, the Sixth, the Thirteenth and Fourteenth, the Seventeenth to the Nineteenth, the Twenty First, the Twenty Second and the Twenty Fourth Reports from the Committee of Public Accounts. Session 2013-14, Cm 8744 (PDF)

Government Response to the House of Commons Science and Technology Committee Inquiry into Clinical Trials, Cm 8743 (PDF)

Post Legislative Assessment of the Local Transport Act 2008, Cm 8752 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted November 20th, 2013 in legislation by sally

The Domestic Violence, Crime and Victims Act 2004 (Victims’ Code of Practice) Order 2013

The Value Added Tax (Flat-rate Valuation of Supplies of Fuel for Private Use) Order 2013

The Additionally-developed Oil Fields Order 2013

The Motor Vehicles (Third Party Risks) (Amendment) Regulations 2013

The Coroners and Justice Act 2009 (Commencement No. 16) Order 2013

The Motor Fuel (Composition and Content) (Amendment) Regulations 2013

The Co-operative and Community Benefit Societies and Credit Unions Act 2010 (Commencement No. 1) Order 2013

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 20th, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Wells v R [2013] EWCA Crim 2043 (19 November 2013)

Court of Appeal (Civil Division)

E D and F Man Sugar Ltd v Unicargo Transportgesellschaft GmbH & Ors [2013] EWCA Civ 1449 (19 November 2013)

Ryanair Ltd v Esso Italiana Srl [2013] EWCA Civ 1450 (19 November 2013)

Leicester City Council v Shearer [2013] EWCA Civ 1467 (19 November 2013)

London Christian Radio Ltd & Anor, R (on the application of) v Radio Advertising Clearance Centre & Anor [2013] EWCA Civ 1495 (19 November 2013)

High Court (Queen’s Bench Division)

Mireskandari v Centaur Media Plc [2013] EWHC 3551 (QB) (19 November 2013)

High Court (Chancery Division)

Cody v Murray & Ors [2013] EWHC 3448 (Ch) (19 November 2013)

High Court (Administrative Court)

Fajemisin v The General Dental Council [2013] EWHC 3501 (Admin) (19 November 2013)

JB Trustees Ltd & Ors v Secretary of State for Communities and Local Government & Ors [2013] EWHC 3555 (Admin) (18 November 2013)

High Court (Family Division)

Surrey County Council v Al-Hilli & Anor [2013] EWHC 3404 (Fam) (04 November 2013)

Source: www.bailii.org

Critics of legal aid cuts force Law Society vote – The Guardian

Posted November 20th, 2013 in budgets, consultations, Law Society, legal aid, news, solicitors by sally

“Solicitors opposed to government cuts in criminal legal aid have forced an emergency meeting of the Law Society to consider a no confidence motion in the profession’s leadership.”

Full story

The Guardian, 19th November 2013

Source: www.guardian.co.uk