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.’

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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.’

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The Guardian, 16th January 2014

Source: www.guardian.co.uk

Sex offence terms to be removed from internet addresses – BBC News

Posted January 15th, 2014 in domain names, internet, news, sexual offences by sally

‘All new web addresses registered in the UK will be screened for terms that signal or encourage serious sexual offences.’

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BBC News, 15th January 2014

Source: www.bbc.co.uk

EVENT: Inner Temple – Unjust Enrichment

Posted January 15th, 2014 in Forthcoming events by sally

‘Professor Andrew Burrows QC, University of Oxford.

The theme for the 2014 Lecture Series is “Recent Landmarks in the Law.”‘

Date: 17th February 2014, 6.30-7.30pm

Location: The Inner Temple

Charge: See website for details

More information can be found here.

EVENT: Inner Temple – Is Fairchild a Leading Case of the Common Law?

Posted January 15th, 2014 in Forthcoming events by sally

‘Per Laleng, Inner Temple Academic Fellow, University of Kent.

The theme for the 2014 Lecture Series is “Recent Landmarks in the Law.”‘

Date: 20th January 2014, 6.30-7.30pm

Location: The Inner Temple

Charge: See website for details

More information can be found here.

Corman-Collins SA v La Maison du Whisky SA – WLR Daily

Posted January 9th, 2014 in conflict of laws, contracts, EC law, jurisdiction, law reports, regulations by sally

Corman-Collins SA v La Maison du Whisky SA (Case C-9/12); [2013] WLR (D) 513

‘The rule of jurisdiction laid down in the second indent of article 5(1)(b) of Council Regulation (EC) No 44/2001 for disputes relating to contracts for the supply of services was applicable in the case of a legal action by which a claimant established in one member state claimed, against a defendant established in another member state, rights arising from an exclusive distribution agreement, which required the contract binding the parties to contain specific terms concerning the distribution by the distributor of goods sold by the grantor. It was for the national court to ascertain whether that was the case in the before it.’

WLR Daily, 19th December 2013

Source: www.iclr.co.uk

MacLennan v Morgan Sindall (Infrastructure) plc – WLR Daily

Posted January 9th, 2014 in civil procedure rules, evidence, law reports, news, witnesses by sally

MacLennan v Morgan Sindall (Infrastructure) plc [2013] EWHC 4044 (QB); [2013] WLR (D) 509

‘The power to prohibit the calling of witnesses under CPR r 32.2(3) sat towards the more extreme end of the court’s powers and was a power to be considered after less intrusive measures had been considered and rejected.’

WLR Daily, 17th December 2013

Source: www.iclr.co.uk

Jack Alaric Simson Caird: A Code of Constitutional Standards – UK Constitutional Law Group

Posted January 9th, 2014 in constitutional law, news, reports, select committees by sally

‘The Constitution Unit of University College London is today publishing a report which sets out a code of constitutional standards based on the reports of the House of Lords Select Committee on the Constitution. Since 2001 the Committee has made many recommendations in its reports, and the goal of this report was to codify these recommendations in order to make the Committee’s analysis of the constitution more accessible. The report, by Robert Hazell, Dawn Oliver and myself, contains a code of 126 constitutional standards, each of which is relevant to the legislative process, and each of which has been extracted from the 149 reports of the Constitution Committee that were reviewed. The standards are organised into five sections: the rule of law; delegated powers, delegated legislation and Henry VIII clauses; the separation of powers; individual rights; and parliamentary procedure.’

Full story

UK Constitutional Law Group, 8th January 2014

Source: www.ukconstitutionalgroup.org

Putting it off – NearlyLegal

Posted January 9th, 2014 in housing, landlord & tenant, news, service charges, tribunals by sally

‘Before I come to the facts of Scriven and others v Calthorpe Estates [2013] UKUT 469 (LC), I need, I think, to give a fair bit of background. Even by the comprehensive standards of NL, this is pretty obscure.’

Full story

NearlyLegal, 8th January 2014

Source: www.nearlylegal.co.uk

Reporting restrictions at courts martial: the need for a structured approach – UK Human Rights Blog

Posted January 9th, 2014 in courts martial, news, reporting restrictions by sally

‘On 15 September 2011 a patrol of Royal Marine Commandos were involved in an incident, which resulted in one of them, referred to as “Soldier A”, shooting dead an armed but seriously wounded Taliban fighter. Evidence of the shooting emerged later and five members of the patrol were eventually charged with murder. The charges against two of them were later dropped but the three remaining marines were tried for murder before the Court Martial. On 8 November 2013, Soldier A was found guilty of murder.’

Full story

UK Human Rights Blog, 8th January 2014

Source: www.ukhumanrightsblog.com

Criminal barristers’ earnings – a new low in government strategy – Legal Futures

Posted January 9th, 2014 in barristers, fees, industrial action, news, remuneration, statistics by sally

‘After what seems an all too brief season of peace and goodwill, hostilities between the government and criminal lawyers have rapidly resumed, and appear to have taken a more sinister turn.’

Full story

Legal Futures, 9th January 2014

Source: www.legalfutures.co.uk

Smacking: what is the law and should it be changed? – Halsbury’s Law Exchange

Posted January 9th, 2014 in corporal punishment, crime, news, violence by sally

‘In an interview with the Independent, the Children’s Commissioner for England, Maggie Atkinson, has expressed her view that smacking should be banned. “Because in law you are forbidden from striking another adult, and from physically chastising your pets”, she said, “but somehow there is a loophole around the fact that you can physically chastise your child.”’

Full story

Halsbury’s Law Exchange, 8th January 2014

Source: www.halsburyslawexchange.co.uk

Ministers respond to ruling on ‘life means life’ sentences – Daily Telegraph

Posted January 9th, 2014 in courts, human rights, news, sentencing by sally

‘Government will send Europe initial response to controversial Strasbourg ruling which said “whole life” tariffs are a breach of human rights.’

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Daily Telegraph, 9th January 2014

Source: www.telegraph.co.uk

Sentencing: Who’s soft? – BBC News

Posted January 9th, 2014 in news, prisons, sentencing, statistics by sally

‘It is the moment that the convicted criminal cares about most: how long are they going to get?’

Full story

BBC News, 8th January 2014

Source: www.bbc.co.uk