Court order prevents BBC from broadcasting film about riots – The Guardian

Posted July 17th, 2012 in BBC, injunctions, media, news, violent disorder by sally

“The BBC has pulled a film about the experiences of rioters during last summer’s disturbances just hours before it was due to be broadcast after a ruling from a judge. The film, due to be broadcast on BBC2 at 9pm on Monday, was a dramatisation based on the testimony of interviews conducted for the Guardian and London School of Economics research into the disorder.”

Full story

The Guardian, 16th July 2012

Source: www.guardian.co.uk

Father jailed for killing eight years after injuring baby – BBC News

Posted July 17th, 2012 in assault, homicide, news, retrials, sentencing by sally

“A father has been jailed for two years for killing his daughter, who died nearly eight years after being injured as a baby.”

Full story

BBC News, 16th July 2012

Source: www.bbc.co.uk

Anglo American: a right to sue in the UK as well as in South Africa? – UK Human Rights Blog

Posted July 17th, 2012 in asbestos, company law, domicile, news, subsidiary companies by sally

“Back to the problem of when and where you can sue various members of a group of companies. In the Cape case (for which see my post), a parent company was held liable for failing to ensure that its subsidiary properly managed the risks posed by asbestos. In this case of Vava, the claimants wanted to sue a South African registered holding company (AASA) in the UK, on the basis that the real decisions were taken in the UK, and hence AASA were domiciled in the UK for purposes of suing them.”

Full story

UK Human Rights Blog, 16th June 2012

Source: www.ukhumanrightsblog.com

Command Papers – official-documents.gov.uk

Posted July 17th, 2012 in parliamentary papers by sally

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Commonwealth of Dominica on the Exchange of Information with respect to Taxes and Tax Matters, Cm 8418 (PDF)

Swift and Sure Justice: The Government’s Plans for Reform of the Criminal Justice System, Cm 8388 (PDF)

Review of the Balance of Competences between the United Kingdom and the European Union, Cm 8415 (PDF)

A Summary of Responses to the Cabinet Office’s Consultation Document “Introducing a Statutory Register of Lobbyists”, Cm 8412 (PDF)

Government responses on the Seventy Fifth, the Seventy Seventh, the Seventy Ninth to the Eighty First and the Eighty Third to the Eighty Eighth Reports from the Committee of Public Accounts: Session 2010-12, Cm 8416 (PDF)

Science and Heritage: Response to the House of Lords Select Committee on Science and Technology, Cm 8384 (PDF)

Source: www.official-documents.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 16th, 2012 in legislation by sally

The Local Authorities (Armorial Bearings) Order 2012

The Coroners and Justice Act 2009 (Commencement No. 9) Order 2012

The Oxfordshire (Electoral Changes) Order 2012

The Product Safety (Revocation) Regulations 2012

The Indication of Prices (Beds) (Revocation) Order 2012

The Housing (Right to Manage) (England) Regulations 2012

The South London Healthcare National Health Service Trust (Extension of Time for Trust Special Administrator to Provide a Draft Report) Order 2012

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2012

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2012

The Further Education Loans Regulations 2012

The Costs in Criminal Cases (General) (Amendment) Regulations 2012

The Coroners and Justice Act 2009 (Commencement No. 9) Order 2012

The Local Authorities (Armorial Bearings) Order 2012

Source: www.legislation.gov.uk

Government outlines plans for better IT use in courts system – OUT-LAW.com

Posted July 16th, 2012 in courts, criminal justice, guilty pleas, news by sally

“The Government has outlined plans for improving the technology used by police and the courts system to make judicial processes faster and more efficient. The Ministry of Justice (MoJ) said that past investments cost too much and under-performed.”

Full story

OUT-LAW.com, 16th July 2012

Source: www.out-law.com

Chilcot report into Iraq delayed by Whitehall refusal to release evidence – The Guardian

Posted July 16th, 2012 in disclosure, evidence, inquiries, Iraq, news, war by sally

“Fierce opposition in Whitehall to the disclosure of key documents relating to the invasion of Iraq, notably records of discussions between Tony Blair and George Bush, has meant the Chilcot inquiry will not now be able to publish its report for well over a year.”

Full story

The Guardian, 16th July 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted July 16th, 2012 in parliamentary papers by sally

European Union Finances 2012: statement on the 2012 EU Budget and measures to counter fraud and financial mismanagement, Cm 8405 (PDF)

Post Legislative Assessment of the Concessionary Bus Travel Act 2007, Cm 8406 (PDF)

Post-legislative assessment of the Mental Health Act 2007, Cm 8408 (PDF)

Source: www.official-documents.gov.uk

E v English Province of Our Lady of Charity and another – WLR Daily

Posted July 16th, 2012 in appeals, child abuse, clergy, employment, law reports, vicarious liability by sally

E v English Province of Our Lady of Charity and another [2012] EWCA Civ 938; [2012] WLR (D) 204

“In a case in which a Roman Catholic parish priest was said to have abused a young girl, and the question arose, as to potential vicarious liability, whether he was an employee, independent contractor, or in some other manner to be considered akin to an employee, the law as to vicarious liability was to be extended such that the question should be approached in a broader way, and also by reference to several tests, looking, inter alia, to whether the applicable status was akin to employment, and whether it would be just and fair to impose vicarious liability.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein – WLR Daily

Posted July 16th, 2012 in EC law, freedom of movement, law reports, public interest, sale of goods by sally

Fra.bo SpA v Deutsche Vereinigung des Gas-und Wasserfaches eV (DVGW) – Technisch – Wissenschaftlicher Verein (Case C-171/11); [2012] WLR (D) 203

“Article 28EC of the EC Treaty on the free movement of goods, applied to standardisation and certification activities of a private law body, where the products certified by that body were considered by national legislation to be compliant with national law and where that restricted the marketing of products which were not certified by that body.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Compass-Datenbank GmbH v Republik Österreich – WLR Daily

Posted July 16th, 2012 in competition, EC law, law reports by sally

Compass-Datenbank GmbH v Republik Österreich (Case C-138/11); [2012] WLR (D) 202

“A public authority which, as part of its activities, stored, in a database, data which undertakings were obliged to report on the basis of statutory obligations, and which permitted interested persons to search for that data and/or provided them with print-outs thereof did not carry out an ‘economic activity’ and could not therefore be regarded, in the course of that activity, as an “undertaking” within the meaning of article 102FEU of the FEU Treaty.”

WLR Daily, 12th July 2012

Source: www.iclr.co.uk

Keay and another v Morris Homes (West Midlands) Ltd – WLR Daily

Posted July 16th, 2012 in appeals, contracts, law reports, sale of land by sally

Keay and another v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900; [2012] WLR (D) 201

“The proposition that a void contract could, by acts in the nature of part performance, mature into a valid one was contrary to principle and wrong.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council – WLR Daily

Posted July 16th, 2012 in law reports, listed buildings, planning, Supreme Court by sally

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council [2012] UKSC 31; [2012] WLR (D) 200

“The procedure by which a mineral site was listed by a local planning authority, pursuant to its statutory duty to review old planning permissions for mineral working, was administrative and preliminary in nature and the extent of the site listed was not definitively determined at that stage.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

Regina v A (B) – WLR Daily

Regina v A (B) [2012] EWCA Crim 1529; [2012] WLR (D) 199

“Whether an offence charged involved an assault on, or injury or threat of injury to, the spouse or civil partner of the person charged, so that the spouse or civil partner was a compellable witness under section 80(2A)(3) of the Police and Criminal Evidence Act 1984, was to be determined solely by reference to the terms of the indictment and not by reference to the evidence to be adduced about the circumstances of the particular offence.”

WLR Daily, 11th July 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted July 16th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Cruikshank, R. v [2012] EWCA Crim 1519 (03 July 2012)

Court of Appeal (Civil Division)

Activa DPS Europe SARL v Pressure Seal Solutions Ltd (t/a Welltec Systems UK) [2012] EWCA Civ 943 (11 July 2012)

Leach v The Office of Communications (OFCOM) [2012] EWCA Civ 959 (13 July 2012)

SG (Iraq) v Secretary of State for the Home Department [2012] EWCA Civ 940 (13 July 2012)

Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (13 July 2012)

Adedoyin v Secretary of State for the Home Department [2012] EWCA Civ 939 (13 July 2012)

Alam & Ors v Secretary of State for the Home Department [2012] EWCA Civ 960 (13 July 2012)

High Court (Queen’s Bench Division)

Tilbrook v Parr [2012] EWHC 1946 (QB) (13 July 2012)

Barnes v Black Horse Ltd [2012] EWHC 1950 (QB) (14 June 2012)

High Court (Family Division)

B v B [2012] EWHC 1924 (Fam) (13 July 2012)

High Court (Administrative Court)

Ali & Anor, R (on the application of) v Minister for the Cabinet Office the Statistics Board [2012] EWHC 1943 (Admin) (13 July 2012)

The United Road Transport Union, R (on the application of) v Secretary of State for Transport [2012] EWHC 1909 (Admin) (13 July 2012)

Hussain, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 1952 (Admin) (13 July 2012)

High Court (Technology and Construction Court)

Squibb Group Ltd v Vertase FLI Ltd [2012] EWHC 1958 (TCC) (10 July 2012)

Beck Interiors Ltd v Classic Decorative Finishing Ltd [2012] EWHC 1956 (TCC) (12 July 2012)

J B Leadbitter & Co Ltd v Hygrove Holdings Ltd [2012] EWHC 1941 (TCC) (17 April 2012)

High Court (Patents Court)

Schenck Rotec GmbH v Universal Balancing Limited [2012] EWHC 1920 (Pat) (12 July 2012)

Source: www.bailii.org

Employment tribunal fees branded a disgrace by unions – The Guardian

Posted July 16th, 2012 in employment tribunals, fees, news, trade unions by sally

“The government announced on Friday the introduction of a fee of up to £1,200 for taking claims to an employment tribunal.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

MoJ told to deliver fight plan in Supreme Court battle over judicial pensions – The Lawyer

Posted July 16th, 2012 in employment, judiciary, news, part-time work, pensions, Supreme Court by sally

“The Ministry of Justice (MoJ) must devise a successful objective justification defence if it is to defeat a discrimination claim being pursued against it by a part-time judge, the Supreme Court has said.”

Full story

The Lawyer, 13th July 2012

Source: www.thelawyer.com

Reviewing legal education: hell of a job – The Guardian

Posted July 16th, 2012 in diversity, legal education, news by sally

“Chair of diversity for legal education and training review calls for affirmative action to boost social mobility in law.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk

Stansted hijacker wins Home Office challenge – The Independent

Posted July 16th, 2012 in aircraft, appeals, asylum, news by sally

“An Iraqi man arrested at Stansted Airport after taking part in the hijack of an airliner today won the latest round of a 16-year fight to stay in the UK.”

Full story

The Independent, 13th July 2012

Source: www.independent.co.uk

John Terry found not guilty of racially abusing Anton Ferdinand – The Guardian

Posted July 16th, 2012 in news, public order, racism, sport by sally

“The former England captain John Terry has been cleared of racially abusing fellow footballer Anton Ferdinand in a no-blame verdict that ruled the incident could have been down to a misunderstanding.”

Full story

The Guardian, 13th July 2012

Source: www.guardian.co.uk