“It may seem strange that the same individual, with learning difficulties, can be considered to have capacity to marry, but not the capacity to decide whether to live with the person they have espoused. What, in essence, is marriage, that puts it on such a different footing to informal cohabitation?”
UK Human Rights Blog, 9th May 2013
Source: www.ukhumanrightsblog.com
“Caste is not something that exists only in the cities and villages in the Indian subcontinent. With the diaspora, caste has travelled around the world, the United Kingdom being no exception. Despite activist and academic demands, the then Labour government decided not to prohibit caste discrimination when it enacted the Equality Act 2010. Instead, section 9(5) of the Act permitted a Minister to amend the Act ‘so as to provide for caste to be an aspect of race’—a power that was never exercised. Section 97 of the recently enacted Enterprise and Regulatory Reform Act 2013 now requires the concerned Minister to amend the definition of ‘race’ in section 9(1) of the Equality Act to include ‘caste’. The new legislation also empowers the Minister to review the operation of the amended section 9(5) of the Equality Act and repeal it if necessary. The House of Lords would have preferred a more straightforward and permanent expansion of the definition of ‘race’ by Parliament directly, but compromised to persuade a cautious Commons.”
UK Constitutional Law Group, 10th May 2013
Source: www.ukconstitutionallaw.org
“Dangerous drivers who kill a loved one could for the first time avoid prosecution because of their emotional trauma, the country’s top prosecutor said today.”
Daily Telegraph, 9th May 2013
Source: www.telegraph.co.uk
“Report examined the history of Savile’s relationship with the force and concluded there is no evidence he was protected by police officers.”
The Independent, 10th May 2013
Source: www.independent.co.uk
“Up to 700,000 victims of crime could find it harder to get help because of plans to change the Code for Victims in England and Wales, Victim Support says.”
BBC News, 10th May 2013
Source: www.bbc.co.uk
“Probation chiefs have accused the justice secretary, Chris Grayling, of dismantling the probation service as he confirmed that the public sector would be barred from bidding for the payment-by-results contracts to provide his radical rehabilitation plan for prisoners leaving jail.”
The Guardian, 9th May 2013
Source: www.guardian.co.uk
The Energy Supply Company Administration Rules 2013
The Greenhouse Gas Emissions Trading Scheme (Amendment) Regulations 2013
The Electricity (Exemption from the Requirement for a Generation Licence) (Markinch) Order 2013
The Adoption Agencies (Miscellaneous Amendments) Regulations 2013
Source: www.legislation.gov.uk
“The controversy of mercy killing is unresolved. It is capable of being either an act of compassion or that of unconscionable self interest. The law recognises no difference between these motivations. Despite challenges from Diane Pretty and Debbie Purdy, mercy killing remains an offence in the UK. Assisting a person to commit suicide is an offence under the Suicide Act 1961. Killing a person not capable of committing suicide even at their request is murder or manslaughter. It is no defence to say that the best interests of the victim were served. While the DPP have been forced to publicise their policy upon which factors will be considered when a prosecution is contemplated that goes only to the public interest in any prosecution. The law recognises no offence or defence, full or partial, of mercy killing.”
CrimeLine, 29th April 2013
Source: www.crimeline.info
“Private contractors are increasingly being used by local councils in an attempt to curb offences of littering. This has provoked an uproar amongst the press with reports of local residents being issued with ‘heavy handed fines’ for the most trivial offences, rather than receiving a warning and the opportunity to pick up their litter first.”
Full story (PDF)
Zenith Chambers, 3rd May 2013
Source: www.zenithchambers.co.uk
Burr v OM Property Management Ltd [2013] EWCA Civ 479; [2013] WLR (D) 164
“When determining the amount of any service charge payable by a tenant for services supplied, on the natural and ordinary meaning of the words of section 20B of the Landlord and Tenant Act 1985, ‘costs’ were not ‘incurred’ on the mere provision of the services or supplies made to the landlord or management company.”
WLR Daily, 3rd May 2013
Source: www.iclr.co.uk
Golstein v Bishop [2013] EWHC 881 (Ch); [2013] WLR (D) 163
“The dissolution of a partnership could not be brought about by an accepted repudiation.”
WLR Daily, 2nd May 2013
Source: www.iclr.co.uk
“Where it was established on a balance of probabilities that a delay in holding a hearing before the Parole Board, in violation of art 5.4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, had resulted in the detention of a prisoner beyond the date when he would otherwise have been released, damages should ordinarily be awarded as compensation for the resultant detention.”
WLR Daily, 1st May 2013
Source: www.iclr.co.uk
“The culture of using meritless judicial review applications to delay immigration decisions and hold up development will be attacked by new controls announced today [7 May] by Justice Secretary Chris Grayling.”
Ministry of Justice, 7th May 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
“The Court of Appeal has hit out at lengthy and complex skeleton arguments, describing them as the ‘bane’ of commercial litigation and warning that failing to comply with the practice directions on them will result in costs sanctions.”
Litigation Futures, 8th May 2013
Source: www.litigationfutures.com
“One of the issues which commonly arises for information law practitioners is the question, which arises under both FOIA and the EIR, of whether a public authority actually holds the information which has been requested. The leading case on section 1(1) FOIA is University of Newcastle v IC & British Union for the Abolition of Vivisection [2011] UKUT 185 (AAC), [2011] 2 Info LR 54 and substantially the same approach has been adopted in, for example, Keiller v IC and University of East Anglia [2012] 1 Info LR 128 and Clyne v IC & London Borough of Lambeth [2012] 2 Info LR 24 in relation to regulation 3(2) EIR. What is required is a common-sense and non-technical approach. That, of course, is easier stated than applied.”
Panopticon, 7th May 2013
Source: www.panopticonblog.com
“An individual can bring a claim against a former employer for victimisation that took place after the employment ended, the Employment Appeal Tribunal (EAT) has said.”
OUT-LAW.com, 8th May 2013
Source: www.out-law.com
“Parliament is to be asked to consider the case for legalising assisted dying for terminally ill patients who have less than six months to live.”
BBC News, 7th May 2013
Source: www.bbc.co.uk
“An edition of BBC1’s Panorama has breached the Ofcom code after a man who was supposed to remain anonymous was identified by his friends.”
Daily Telegraph, 7th May 2013
Source: www.telegraph.co.uk
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