Author: sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another – WLR Daily

Posted November 3rd, 2011 in appeals, disclosure, documents, jurisdiction, law reports by sally

Regina (Guardian News and Media Ltd) v City of Westminster Magistrates’ Court; Guardian News and Media Ltd v Government of the United States of America and another [2011] EWCA Civ 1188; [2011] WLR (D) 309

“The Court of Appeal had jurisdiction to hear a proposed appeal from a decision of a court conducting extradition proceedings (which were criminal in nature), where that decision related to a matter which was wholly collateral to the extradition proceedings themselves, which was instigated by someone not a party to the proceedings and did not involve the lower court invoking its criminal jurisdiction or making an order which had any bearing on those proceedings.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Fecitt and others v NHS Manchester (Public Concern at Work intervening) – WLR Daily

Posted November 3rd, 2011 in appeals, burden of proof, employment, law reports, vicarious liability by sally

Fecitt and others v NHS Manchester (Public Concern at Work intervening) [2011] EWCA Civ 1190; [2011] WLR (D) 308

“A worker had been subjected to a detriment “on the ground that” he had made a protected disclosure, for the purposes of section 47B of the Employment Rights Act 1996, if the protected disclosure was a material factor in the employer’s decision to subject the employee to a detrimental act.”

WLR Daily, 25th October 2011

Source: www.iclr.co.uk

Trust judges on sentencing, says Law Society – Law Society’s Gazette

Posted November 3rd, 2011 in news, sentencing by sally

“The Law Society has criticised plans to extend mandatory life sentences, telling the government to trust judges’ discretion. The new regime, which would replace the indeterminate sentencing system with long determinate prison terms and mandatory life sentences for anyone convicted of a second serious sexual or violent crime, was announced last week by justice secretary Kenneth Clarke.”

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Law Society’s Gazette, 3rd November 2011

Source: www.lawgazette.co.uk

Ken Clarke’s justice bill passed despite ‘attacks’ – BBC News

Posted November 3rd, 2011 in bills, legal aid, news, sentencing by sally

“The government’s controversial changes to sentencing policy and legal aid have cleared the Commons, despite opposition from MPs of all parties.”

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BBC News, 2nd November 2011

Source: www.bbc.co.uk

European judges have no right to rule on prisoner voting, says Grieve – The Guardian

Posted November 3rd, 2011 in attorney general, elections, human rights, news, prisons by sally

“National parliaments not European judges should decide whether prisoners are entitled to the vote, the attorney general has told the human rights court in Strasbourg.”

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The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Wife strangled after smashing up husband’s Star Wars toys – Daily Telegraph

Posted November 3rd, 2011 in domestic violence, murder, news, sentencing by sally

“A husband has been found guilty of murder for strangling his Thai wife after she smashed up his collection of Star Wars toys.”

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Daily Telegraph, 2nd November 2011

Source: www.telegraph.co.uk

Phone hacking: anatomy of a cover-up – what QC’s advice papers reveal – The Guardian

Posted November 3rd, 2011 in disclosure, interception, media, news, opinions, queen's counsel, telecommunications by sally

“Analysis: Publication of warning to NI bosses tells the story of how secret payoff evolved.”

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The Guardian, 2nd November 2011

Source: www.guardian.co.uk

Court workers opposed to extended opening hours – Law Society’s Gazette

Posted November 3rd, 2011 in courts, magistrates, news, trade unions by sally

“The union representing court workers has voiced opposition to justice secretary Kenneth Clarke’s wish to extend opening hours.”

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Law Society’s Gazette, 3rd November 2011

Source: www.lawgazette.co.uk

Family justice review calls for six-month case deadline – BBC News

Posted November 3rd, 2011 in adoption, family courts, news, reports, time limits by sally

“Childcare decisions in family courts should be made within six months, an official review has said.”

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BBC News, 3rd November 2011

Source: www.bbc.co.uk

Divorced fathers will not get legal right to access – The Guardian

Posted November 3rd, 2011 in adoption, divorce, family courts, news, parental rights, reports by sally

“Fathers who have gone through divorce or separation will not be granted a legal right to guarantee that their child has “a meaningful relationship with both parents”, according to a long-awaited report on family law.”

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The Guardian, 3rd October 2011

Source: www.guardian.co.uk

Gintaras Butkus jailed in Cornwall boat killing case – BBC News

Posted November 1st, 2011 in homicide, news, sentencing by sally

“A man has been sentenced to six years in prison for killing a man during a fishing trip off the Cornish coast.”

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BBC News, 1st November 2011

Source: www.bbc.co.uk

Knife crime law: Up to 400 more teenagers face custody – BBC News

Posted November 1st, 2011 in detention, news, offensive weapons, reports, young offenders by sally

“As many as 400 extra teenagers could be given custodial sentences every year because of changes to knife crime laws announced last week, according to a government impact assessment.”

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BBC News, 1st November 2011

Source: www.bbc.co.uk

Taking a hatchet to the hackers – which way press freedom? – UK Human Rights Blog

Posted November 1st, 2011 in freedom of expression, internet, media, news, privacy by sally

“On the eve of Lord Justice Leveson’s inquiry into phone hacking and the ethics of journalism, the British Institute of Human Rights (BIHR) with 1 Crown Office Row hosted a roundtable discussion to examine how to reconcile the right to privacy with freedom of expression.”

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UK Human Rights Blog, 1st November 2011

Source: www.ukhumanrightsblog.com

Pakistan cricketers guilty of betting scam – BBC News

Posted November 1st, 2011 in conspiracy, fraud, gambling, guilty pleas, news, sport by sally

“Pakistan cricketers Salman Butt and Mohammad Asif have been found guilty of their part in a ‘spot-fixing’ scam after a trial at Southwark Crown Court.”

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BBC News, 1st November 2011

Source: www.bbc.co.uk

Teenagers begin high court challenge against tuition fee rise – The Guardian

Posted November 1st, 2011 in education, equality, fees, human rights, judicial review, news, universities by sally

“Two teenagers have begun a case in the high court against the government’s decision to let universities almost treble tuition fees next year.”

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The Guardian, 1st November 2011

Source: www.guardian.co.uk

Squatting in residential buildings to become a criminal offence – OUT-LAW.com

Posted November 1st, 2011 in bills, consultations, crime, news, squatting, trespass by sally

“Squatting in residential buildings is to become a criminal offence for the first time, the Government has announced.”

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OUT-LAW.com, 1st November 2011

Source: www.out-law.com

Daily Mail to pay damages to Carole Caplin over ‘Blairs’ sex secrets’ story – The Guardian

Posted November 1st, 2011 in damages, defamation, media, news by sally

“The publisher of the Daily Mail has agreed to pay ‘substantial’ damages to Carole Caplin, the former lifestyle guru to Cherie Blair, over an article that falsely suggested she would disclose the Blairs’ “sex secrets” for £1m.”

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The Guardian, 1st November 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted November 1st, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Trott, R. v [2011] EWCA Crim 2395 (07 October 2011)

Williams, R v [2011] EWCA Crim 2198 (23 September 2011)

High Court (Queen’s Bench Division)

Tesla Motors Ltd & Anor v British Broadcasting Corporation [2011] EWHC 2760 (QB) (28 October 2011)

High Court (Commercial Court)

Soeximex SAS v Agrocorp International PTE Ltd [2011] EWHC 2743 (Comm) (31 October 2011)

Source: www.bailii.org

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education – WLR Daily

Posted November 1st, 2011 in appeals, disability discrimination, education, judicial review, law reports, universities by sally

Regina (Maxwell) v Office of the Independent Adjudicator for Higher Education [2011] EWCA Civ 1236; [2011] WLR (D) 307

“Although a complaint of disability discrimination was an eligible complaint to be made to the Office of the Independent Adjudicator for Higher Education (“OIA”) under the Higher Education Act 2004, the task and duty of the OIA on a complaint of disability discrimination against a higher education institution was confined to whether the conduct of the university was reasonable or not and what recommendation should be made in response to the complaint and the office was not obliged to rule whether there had been a disability discrimination.”

WLR Daily, 27th October 2011

Source: www.iclr.co.uk

Bar Council Chairman-Elect Calls for Further Modernisation of Civil Litigation – The Bar Council

Posted November 1st, 2011 in barristers, dispute resolution, news by sally

“Michael Todd QC, the Chairman-Elect of the Bar Council, which represents barristers in England and Wales, has called for further modernisation of civil litigation. Speaking at the International Bar Association’s Annual Conference in Dubai, on ‘advocacy in commercial litigation’, he said the time has come to find ways for the more efficient delivery of dispute resolution services.”

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The Bar Council, 1st November 2011

Source: www.barcouncil.org.uk