Regina v N (Z) – WLR Daily

Posted June 20th, 2013 in appeals, attempts, crime, intimidation, law reports by sally

Regina v N (Z) [2013] EWCA Crim 989 ; [2013] WLR (D) 240

“For the offence of intimidation contrary to section 51(1) of the Criminal Justice and Public Order Act 1994 to be established, it had to be proved by the prosecution that the person whom the defendant intended to intimidate was in fact intimidated.”

WLR Daily, 18th June 2013

Source: www.iclr.co.uk

Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same – WLR Daily

Smith and others v Ministry of Defence (JUSTICE and another intervening); Ellis and another v Same; Allbutt and others v Same [2013] UKSC 41; [2013] WLR (D) 239

“Members of the United Kingdom’s armed forces serving in Iraq were within the jurisdiction of the United Kingdom for the purposes of article 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Whether claims alleging breaches of the right to life protected by article 2 could be sustained would depend on the particular circumstances.”

WLR Daily, 19th June 2013

Source: www.iclr.co.uk

Derek Hodd Ltd v Climate Change Capital Ltd – WLR Daily

Posted June 20th, 2013 in contracts, interpretation, law reports by sally

Derek Hodd Ltd v Climate Change Capital Ltd [2013] EWHC 1665 (Ch); [2013] WLR (D) 238

“Where there had been a misnomer of a party to an agreement the court was able to take into account the same evidence of the background as would be admissible for the purpose of interpreting the contract, including any relevant course of dealing between the parties.”

WLR Daily, 14th June 2013

Source: www.iclr.co.uk

‘Good lawyers save money’: Supreme Court President weighs in on Legal Aid – UK Human Rights Blog

Posted June 20th, 2013 in costs, judges, judicial review, judiciary, legal aid, legal profession, news, speeches by sally

“According to the President of the Supreme Court, the judiciary not only has a right but an obligation ‘to speak out on matters concerning the rule of law.’ In recent months, it is a duty from which Lord Neuberger has not shirked, and last night’s lecture to the Institute of Government was no exception. Its focus was the importance of legal aid, which Neuberger described through the prism of the UK’s constitutional set-up and the respective roles of the legislature, executive and judiciary within it.”

Full story

UK Human Rights Blog, 19th June 2013

Source: www.ukhumanrightsblog.com

Legal powers plan for families of missing people – BBC News

Posted June 20th, 2013 in consultations, families, guardianship, missing persons, news by sally

“The families of missing people will get more power to handle legal and money problems after the disappearance, under government proposals.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

SRA and Legal Services Board tussle over ABS application process – Legal Futures

“The Legal Services Board (LSB) has been critical of the length of the time the Solicitors Regulation Authority (SRA) has taken to approve alternative business structures (ABSs), it has emerged.”

Full story

Legal Futures, 20th June 2013

Source: www.legalfutures.co.uk

Supreme court MoD ruling ‘will have huge impact on military operations’ – The Guardian

“The supreme court ruling that the Ministry of Defence can be sued for negligence, that the scope of the Human Rights Act should be extended and the traditional doctrine of combat immunity should be interpreted narrowly, will have a huge impact on military commanders, senior officials made clear on Wednesday.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

DPP publishes final guidelines for prosecutions involving social media communications – Crown Prosecution Service

“The Director of Public Prosecutions, Keir Starmer QC, has today published final guidelines for prosecutors on the approach they should take in cases involving communications sent via social media.”

Full story

Crown Prosecution Service, 20th June 2013

Source: www.cps.gov.uk

Police cells holding more than 9,000 mentally ill people a year – The Guardian

Posted June 20th, 2013 in detention, health, mental health, news, prisons, reports by sally

“More than 9,000 mentally ill people a year are being detained in police custody despite official guidance that such powers should be used only in exceptional circumstances, watchdogs say.”

Full story

The Guardian, 20th June 2013

Source: www.guardian.co.uk

Pathologist who botched G20 post-mortem abandons appeal against being struck off – The Independent

“The pathologist who botched the post-mortem of a man struck by a policeman at G20 protests in 2009 has abandoned his appeal against being struck off.”

Full story

The Independent, 19th June 2013

Source: www.independent.co.uk

Waterloo tower block ‘threatens view of Westminster’ – BBC News

Posted June 19th, 2013 in building law, judicial review, news, planning by sally

“A judicial review is sought over plans for a tower block that critics say will harm views of Parliament and Westminster Abbey.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

Supreme Court – Measures against Iranian bank unlawful, and the secret hearing ruling – UK Human Rights Blog

“Two sets of judgments today from a 9-judge Supreme Court in the Bank Mellat case. The first explains why the Court adopted a secret procedure in the absence of the Bank (i.e. a Closed Material Procedure) but added that the whole palaver in fact added nothing to their knowledge. The second concludes that financial restrictions imposed in 2009 on an Iranian Bank which effectively excluded it from the UK financial market were arbitrary and irrational and were also procedurally unfair.”

Full story

UK Human Rights Blog, 19th June 2013

Source: www.ukhumanrightsblog.com

Payday loan ad banned for ‘£1,000 night out’ offer – Daily Telegraph

Posted June 19th, 2013 in advertising, complaints, disclosure, loans, news, telecommunications by sally

“The Advertising Standards Authority has banned a payday lender for sending text messages that encouraged people to borrow £1,000 for a night out.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

“Legislating for Responsible Capitalism”. A paper by Stephen Hockman QC – Six Pump Court

“Stephen Hockman QC has written a paper published by the Policy Network, entitled ‘Legislating for Responsible Capitalism: what it means in practice’.”

In the paper, he explores the legal amendments available to improve the monitoring, transparency and accountability of corporate practice.”

Full story (PDF)

Six Pump Court, 19th June 2013

Soruce: www.6pumpcourt.co.uk

Government to consult on whether to make imprisonment potential sanction for data protection offences – OUT-LAW.com

Posted June 19th, 2013 in consultations, data protection, enforcement, imprisonment, news by sally

“The Government is to consult on whether to introduce new laws that would make it possible for judges to send individuals to jail for offences under the Data Protection Act (DPA).”

Full story

OUT-LAW.com, 19th June 2013

Source: www.out-law.com

Farm fined after young female worker killed in unsafe tractor – Daily Telegraph

Posted June 19th, 2013 in agriculture, fines, guilty pleas, health & safety, news by sally

“A farm has been fined £80,000 after a young farm worker was killed when the tractor she was driving overturned in a sloping field.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Shed ban for drug grower Simon Redclift of Dinas Powys – BBC News

Posted June 19th, 2013 in bail, drug offences, news by sally

“A former cannabis user is dismantling the garden shed where he used to grow his drugs after being banned from going inside it by a judge.”

Full story

BBC News, 19th June 2013

Source: www.bbc.co.uk

FCA fines rogue property trader nearly £1m – The Guardian

Posted June 19th, 2013 in costs, financial services ombudsman, fines, housing, mortgages, news, valuation by sally

“The operator of a property scheme who misled vulnerable customers to make money from the sale of their homes has been fined almost £1m by the City regulator and banned from working in the financial services industry.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk

CQC: too big a remit, too little funding? – Daily Telegraph

Posted June 19th, 2013 in hospitals, news, social services, standards by sally

“With a smaller budget than the watchdogs it replaced, the Care Quality Commission has had a struggle on its hands.”

Full story

Daily Telegraph, 19th June 2013

Source: www.telegraph.co.uk

Supreme court quashes Iran bank sanctions and criticises secret hearings – The Guardian

Posted June 19th, 2013 in banking, closed material, Iran, news, nuclear weapons, private hearings, sanctions by sally

“The government’s enthusiasm for secret courts has been set back after the UK’s most senior judges quashed anti-terrorist sanctions imposed on an Iranian bank and dismissed the intelligence involved as insignificant.”

Full story

The Guardian, 19th June 2013

Source: www.guardian.co.uk