The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily

The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) [2012] UKSC 55; [2012] WLR (D) 342

“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”

WLR Daily, 21st November 2012

Source: www.iclr.co.uk

Attorney General v National Assembly for Wales Commission and others – WLR Daily

Posted November 26th, 2012 in bills, byelaws, devolution, law reports, local government, Wales by sally

Attorney General v National Assembly for Wales Commission and others [2012] UKSC 53; [2012] WLR (D) 341

“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”

WLR Daily, November 2012

Source: www.iclr.co.uk

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo – WLR Daily

Posted November 26th, 2012 in EC law, insolvency, jurisdiction, law reports, winding up by sally

Bank Handlowy w Warszawie SA and another v Christianapol sp z oo (Case C-116/11); [2012] WLR (D) 340

“On the proper interpretation of Council Regulation (EC) No 1346/2000, it was for the national law of the member state in which insolvency proceedings had been opened to determine at which moment the closure of those proceedings occurred. Where proceedings had a protective purpose, it was permissible to open secondary insolvency proceedings in the member state in which the debtor had an establishment. The court before which an application to have secondary insolvency proceedings opened had been made, could not examine the insolvency of a debtor against which main proceedings had been opened in another member state, even where the latter proceedings had a protective purpose.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily

Posted November 26th, 2012 in contribution, EC law, law reports, pensions, sex discrimination by sally

Moreno v Instituto Nacional de la Seguridad Social (INSS) and another (Case C-385/11); [2012] WLR (D) 339

“Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security precluded legislation of a member state which required a proportionally greater contribution period from part-time workers, the vast majority of whom were women, than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

Domestic violence accounts for 10% of emergency calls, data shows – The Guardian

Posted November 26th, 2012 in domestic violence, emergency services, news, police, statistics by sally

“One in 10 emergency calls to police are categorised as domestic violence related, rising in some areas to a fifth of all 999 alerts.”

Full story

The Guardian, 24th November 2012

Source: www.guardian.co.uk

Divorcing parents turn to ‘brainwashing’ children in custody battles – Daily Telegraph

Posted November 26th, 2012 in children, custody, divorce, news by sally

“Warring parents are increasingly attempting to ‘brainwash’ their children to get the upper hand in custody disputes, according to lawyers.”

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Daily Telegraph, 24th November 2012

Source: www.telegraph.co.uk

Former spy Mark Kennedy sues police for ‘failing to stop him falling in love’ – The Guardian

Posted November 26th, 2012 in damages, divorce, negligence, news, personal injuries, police, psychiatric damage by sally

“A former spy is suing the Metropolitan police for failing to ‘protect’ him from falling in love with one of the environmental activists whose movement he infiltrated.”

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The Guardian, 25th November 2012

Source: www.guardian.co.uk

Rich crooks net vast legal aid sums – BBC News

Posted November 26th, 2012 in assets recovery, budgets, confiscation, costs, drug offences, fraud, legal aid, news by sally

“Dozens of super-rich criminals – some worth tens of millions – have received vast sums in legal aid despite their illicit fortunes, an investigation has revealed.”

Full story

BBC News, 26th November 2012

Source: www.bbc.co.uk

Plan to allow ‘disproportionate force’ against burglars included in crime bill – The Guardian

Posted November 26th, 2012 in bills, burglary, news, prosecutions, self-defence by sally

“The justice secretary’s promise to give householders the right to deploy ‘disproportionate force’ in defending their homes will be incorporated into a parliamentary bill this week.”

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The Guardian, 25th November 2012

Source: www.guardian.co.uk

PCC chair says he has widespread media backing for self-regulation plan – The Guardian

“The head of the Press Complaints Commission (PCC), Lord Hunt, has said there is widespread agreement within the media for a proposed new self-regulation body he is arguing should be introduced in the wake of the Leveson report into press standards, which is published on Thursday.”

Full story

The Guardian, 26th December 2012

Source: www.guardian.co.uk

Prison mentors: ‘I’ve been in trouble almost all the time’ – BBC News

Posted November 26th, 2012 in charities, housing, news, prisons, recidivists, rehabilitation by sally

“The government wants to give more prisoners on sentences of less than 12 months a mentor – who may themselves be an ex-offender – to try to cut reoffending.”

Full story

BBC News, 26th November 2012

Source: www.bbc.co.uk

New laws designed to give extra protection to victims of stalking come into force – The Independent

“Two specific criminal offences of stalking have come into force in England and Wales for the first time.”

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The Independent, 26th November 2012

Source: www.independent.co.uk

UBS fined £30m over rogue trader – The Guardian

Posted November 26th, 2012 in banking, financial regulation, fines, fraud, news, sentencing by sally

“UBS has been fined £30m by the UK’s Financial Services Authority – and could see its investment banking activities hampered by the Swiss regulator – after the former trader Kweku Adoboli was jailed for fraud.”

Full story

The Guardian, 26th November 2012

Source: www.guardian.co.uk

Whole life prison terms upheld by Court of Appeal – BBC News

Posted November 21st, 2012 in appeals, dangerous offenders, early release, human rights, murder, news, prisons, rape by sally

“The Court of Appeal has upheld the principle of whole life sentences for the most dangerous of offenders, saying it does not breach human rights.”

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BBC News, 21st November 2012

Source: www.bbc.co.uk

Barristers: profession is growing but what will it look like? – The Guardian

Posted November 21st, 2012 in barristers, diversity, equality, legal education, news, pupillage, statistics by sally

“Report shows fewer BME pupils, majority are from professional backgrounds and 22.5% have no debt.”

Full story

The Guardian, 21st November 2012

Source: www.guardian.co.uk

Lord Chief Justice to step down – The Independent

Posted November 21st, 2012 in judges, judiciary, news, retirement by sally

“Lord Chief Justice Lord Judge is to retire as head of the judiciary next year, the Judicial Office said.”

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The Independent, 21st November 2012

Source: www.independent.co.uk

Nanny jailed for crying rape after one-night stand – Daily Telegraph

Posted November 21st, 2012 in news, perverting the course of justice, rape, sentencing by sally

“A nanny who falsely accused her boss of rape when he rejected her following a one-night stand was jailed for two years today after a judge warned ‘hell hath no fury like a woman scorned’.”

Full story

Daily Telegraph, 21st November 2012

Source: www.telegraph.co.uk

Command Papers – official-documents.gov.uk

Posted November 21st, 2012 in parliamentary papers by sally

International Convention on Civil Liability for Bunker Oil Pollution Damage, 2001, Cm 8489 (PDF)

Protocol of 2003 to the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, 1992, Cm 8490 (PDF)

Source: www.official-documents.gov.uk

BAILII: Recent Decisions

Posted November 21st, 2012 in law reports by sally

Court of Appeal (Criminal Division)

YDG & Anor, R. v [2012] EWCA Crim 2437 (20 November 2012)

Court of Appeal (Civil Division)

Churchill Insurance Company Ltd v Fitzgerald & Wilkinson (Rev 1) [2012] EWCA Civ 1465 (15 November 2012)

C (A child), Re [2012] EWCA Civ 1477 (16 November 2012)

Clearwell International Ltd v MSL Group Holdings Ltd & Ors [2012] EWCA Civ 1440 (16 November 2012)

High Court (Queen’s Bench Division)

Harrogate Borough Council v Crossland & Anor [2012] EWHC 3260 (QB) (20 November 2012)

Joseph & Ors v Spiller & Anor [2012] EWHC 3278 (QB) (20 November 2012)

MXB v East Sussex Hospitals NHS Trust [2012] EWHC 3279 (QB) (20 November 2012)

High Court (Chancery Division)

Howard v Howard – Lawson [2012] EWHC 3258 (Ch) (20 November 2012)

High Court (Administrative Court)

Awuku, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3298 (Admin) (16 November 2012)

High Court (Commercial Court)

Bankhaus Wolbern & Co (AG & Co KG) & Anor v China Construction Bank Corporation, Zhejiang Branch [2012] EWHC 3285 (Comm) (19 November 2012)

Source: www.bailii.org

Serious Fraud Office inspection report published – Attorney General’s Office

Posted November 21st, 2012 in Crown Prosecution Service, news, reports, Serious Fraud Office by sally

“The Attorney General has today published HM Crown Prosecution Service Inspectorate’s report on the SFO.”

Full story

Attorney General’s Office, 20th November 2012

Source: www.attorneygeneral.gov.uk