“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
“Up and down the country, local authorities have been putting in place new standards arrangements so as to comply with the Localism Act 2011 (‘the 2011 Act’) and the regulations made thereunder. The first hearings for dealing with allegedly errant councillors under the new standards regime are taking place.”
11 KBW, 20th November 2012
Source: www.11kbw.com
“This paper focuses on developments in the case law concerning freedom of information over roughly the last 12 months. The number of cases concerning freedom of information being decided has continued to grow at an exponential rate (in part due to successful efforts by the Information Commissioner (‘the IC’) to get on top of the case backlog faced by his office). The Information Rights Tribunal (‘the Tribunal’) website contains the outcomes of over 220 appeals since the beginning of 2012 alone – and the vast majority of these are substantive decisions. There have also been seven Upper Tribunal (‘UT’) decisions, and one decision each from the Court of Appeal and the Supreme Court.”
Full story (PDF)
11 KBW, 20th November 2012
Source: www.11kbw.com
“This paper seeks to take a step back from the intricacies of the DOLS regime that we have learned to know and, at best (I sense) tolerate since it was introduced in April 2009. Rather, it seeks to re examine the fundamental question of what constitutes a deprivation of liberty for purposes of Article 5(1) ECHR in the context of those without capacity to determine their own residence and care/treatment arrangements.”
Full story (PDF)
Thirty Nine Essex Street, November 2012
Source: www.39essex.com
The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012
The Plant Health (England) (Amendment) Order 2012
The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012
The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012
The Armed Forces Act 2011 (Commencement No. 2) Order 2012
The Bank Levy: International Tax Enforcement Arrangements (Federal Republic of Germany) Order 2012
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No.2) Order 2012
Source: www.legislation.gov.uk
Court of Appeal (Criminal Division)
Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)
Court of Appeal (Civil Division)
Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)
Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1504 (23 November 2012)
High Court (Queen’s Bench Division)
Nemeti & Ors v Sabre Insurance Company Ltd [2012] EWHC 3355 (QB) (23 November 2012)
High Court (Chancery Division)
TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)
Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)
High Court (Technology and Construction Court)
Fairstar Heavy Transport NV v Adkins [2012] EWHC 3294 (TCC) (23 November 2012)
High Court (Patents Court)
High Court (Commercial Court)
Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)
Source: www.bailii.org
“Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.”
Family Law Week, 26th November 2012
Source: www.familylawweek.co.uk
“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”
Halsbury’s Law Exchange, 26th November 2012
Source: www.halsburyslawexchange.co.uk
“This coming Wednesday sees the end of the first stage of the Justice and Security Bill’s passage into law. The Bill which would introduce Closed Material Procedures (CMP) – where one side of a case is excluded with his legal team and represented by a security cleared special advocate in cases involving national security – has become widely known as the Secret Courts Bill. Its progress has been closely scrutinised in this blog over the past six months.”
UK Human Rights Blog, 26th November 2012
Source: www.ukhumanrightsblog.com
“A teenage mother has won the right to have her dead fiancé’s DNA tested to prove that he fathered their child before he was killed on military service in Afghanistan.”
The Independent, 27th November 2012
Source: www.independent.co.uk
“All too often victims of stalking are not believed or their fears are brushed off – which in turn makes them less likely to come forward.”
The Guardian, 26th November 2012
Source: www.guardian.co.uk
“Violent crime victims who suffer minor injuries will not get compensation under changes which have come into effect in England, Wales and Scotland.”
BBC News, 27th November 2012
Source: www.bbc.co.uk
“The privately-owned College of Law has been granted university status and will be renamed ‘The University of Law’, it has announced.”
OUT-LAW.com, 26th November 2012
Source: www.out-law.com
“Judge is considering whether the case of the women who say they were duped into forming long-lasting sexual relationships with undercover officers should be heard in High Court.”
The Guardian, 26th November 2012
Source: www.guardian.co.uk
“UK internet TV provider YouView has been sued for trademark infringement in a dispute over the product’s name.”
BBC News, 26th November 2012
Source: www.bbc.co.uk
“The retired teacher speaks out about his vilification by the press after his wrongful arrest for the murder of Joanna Yeates.”
The Guardian, 24th November 2012
Source: www.guardian.co.uk
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“Victims will have extra protection as stalking becomes a specific criminal offence for the first time.”
Home Office, 26th November 2012
Source: www.homeoffice.gov.uk
In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343
“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
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