Current Awareness

In re H (Children) (Custody Rights: Jurisdiction) – WLR Daily

Posted July 31st, 2014 in appeals, children, EC law, jurisdiction, law reports, parental responsibility, regulations, residence orders by michael

In re H (Children) (Custody Rights: Jurisdiction) [2014] EWCA Civ 1101; [2014] WLR (D) 343

‘There was no longer a “rule” that where two parents had parental responsibility for a child neither could unilaterally change the child’s habitual residence. The correct approach was a factual inquiry tailored to the circumstances of an individual case. Where the issue related to removal of children to a country outside the EU, jurisdiction to determine an application for their return remained with the courts of England and Wales.’

WLR Daily, 29th July 2014

Source: www.iclr.co.uk

Regina v Martin (Dwain) and Another – WLR Daily

Posted July 31st, 2014 in appeals, crime, drug offences, law reports by michael

Regina v Martin (Dwain) and Another [2014] WLR (D) 341

‘To establish an offence of being concerned in supplying controlled drugs, it was necessary to prove that the defendant had participated in the enterprise of supplying controlled drugs to another and that he had knowledge of that enterprise. An arrangement to collect and transport drugs plainly came within the meaning of the word “supply” which was a broad term.’

WLR Daily, 25th July 2014

Source: www.iclr.co.uk

Charity Commission for England and Wales v Framjee and Another – WLR Daily

Posted July 31st, 2014 in charities, Charity Commission, law reports, trusts by michael

Charity Commission for England and Wales v Framjee and another [2014] EWHC 2507 (Ch); [2014] WLR (D) 340

‘Where a charitable trust held donations intended for other charities nominated by members of the public, and there was a shortfall between the funds held by the charitable trust and the donations, it was just and appropriate to treat the unpaid charities as participants in a common misfortune brought about by the management of the donation scheme. Those charities should bear that burden equally as to the distribution of the remaining funds.’

WLR Daily, 22nd July 2014

Source: www.iclr.co.uk

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) – WLR Daily

Posted July 31st, 2014 in health, housing, law reports, local government by michael

Regina (Whapples) v Birmingham Crosscity Clinical Commissioning Group (Secretary of State for Health intervening) [2014] EWHC 2647 (Admin); [2014] WLR (D) 347

‘When considering the provision of accommodation under section 3(1) of the National Health Service Act 2006 it would usually be difficult to say, absent special circumstances, that a clinical commissioning group had acted lawfully or irrationally in deciding that the accommodation needs of an individual could and should be met through other avenues involving means-tested state provision, and not out of its own NHS budget.’

WLR Daily, 30th July 2014

Source: www.iclr.co.uk

The ‘right to be forgotten’ simply doesn’t exist – Daily Telegraph

Posted July 31st, 2014 in data protection, EC law, internet, news, privacy by michael

‘Most people have moments in their past that they would prefer not to be in the spotlight. What if, when you enter your name in Google, the first thing that comes up is a link to an episode that you would like to be forgotten. Can it be forgotten? If it can, should it be? Should you have a right to have the link deleted? And based on what procedure?’

Full story

Daily Telegraph, 31st July 2014

Source: www.telegraph.co.uk

Council chief reprimanded over use of n-word – BBC News

Posted July 31st, 2014 in local government, news, racism by michael

‘The deputy leader of Powys Council has been “severely reprimanded” for using racially offensive language at a council meeting.’

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BBC News, 31st July 2014

Source: www.bbc.co.uk

‘Sobriety tags’ to be worn by offenders of alcohol-linked crime in pilot scheme – The Guardian

Posted July 31st, 2014 in alcohol abuse, electronic monitoring, London, news, pilot schemes, rehabilitation by michael

‘People who repeatedly commit alcohol-related crime will be forced to wear ankle tags that monitor whether they are still drinking, under a year-long pilot scheme.’

Full story

The Guardian, 31st July 2014

Source: www.guardian.co.uk

Judge rules seriously ill boy, 13, can be treated against mothers beliefs – Daily Telegraph

Posted July 31st, 2014 in children, medical treatment, news by michael

‘A seriously ill teenager can be treated with blood products even though his mother is unable to consent because of her religious beliefs, a High Court judge has ruled.’

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Essex village green challenge rejected by High Court – OUT-LAW.com

Posted July 31st, 2014 in commons, land registration, news by michael

‘A legal challenge against Essex County Council’s refusal to register a piece of land as a town or village green, protecting it from development, has been rejected by the High Court.’

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OUT-LAW.com, 30th July 2014

Source: www.out-law.com

Police launch scheme for victims to choose punishment – Daily Telegraph

Posted July 31st, 2014 in community service, compensation, news, police, punishment, restorative justice, victims by michael

‘A Police and Crime Commissioner has launched scheme to allow victims to decide how criminals should be punished. ‘

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Private copying exception plans face possible legal action following parliamentary sign off – OUT-LAW.com

Posted July 31st, 2014 in artistic works, compensation, copyright, intellectual property, news, regulations by michael

‘New rights to make private copies of copyrighted works, make free use of copyrighted material in works of parody and quote extracts from copyright protected books, audio and video content will be introduced into UK law from October.’

Full story

OUT-LAW.co, 30th July 2014

Source: www.out-law.com

Parents ordered to pay £23k school fees after judge throws out race claim – Daily Telegraph

Posted July 31st, 2014 in bullying, costs, education, fees, news, racism, vegetarianism by michael

‘Parents who refused to pay their private school fees – claiming their three sons had been been bullied and racially abused at a vegetarian school – have had their complaints thrown out by a High Court judge.’

Full story

Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Illegal immigrant Mary Hounga can claim discrimination, says landmark Supreme Court ruling – Daily Telegraph

Posted July 31st, 2014 in children, immigration, news, race discrimination, Supreme Court, trafficking in human beings by michael

‘Illegal immigrants are entitled to bring court actions against their employers for discrimination, the Supreme Court has said in a landmark judgment.’

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Daily Telegraph, 30th July 2014

Source: www.telegraph.co.uk

Plans outlined to amend tax rules to enable new simplified reporting of VAT owed for supply of digital services – OUT-LAW.com

Posted July 31st, 2014 in consultations, EC law, news, regulations, taxation, VAT by michael

‘Proposed amendments to UK tax rules are being consulted on by HM Revenue & Customs (HMRC) to recognise a new simplified mechanism that is being introduced for reporting VAT owed on the supply of digital services following changes to EU laws.’

Full story

OUT-LAW.com, 30th July 2014

Source: www.out-law.com

Armed police officer charged with murder over Azelle Rodney shooting – The Independent

Posted July 31st, 2014 in anonymity, firearms, inquiries, murder, news, police, prosecutions by michael

‘A decorated former Scotland Yard marksman involved in a botched armed operation against a drugs gang was charged yesterday with murdering one of the suspects.‘

Full story

The Independent, 30th July 2014

Source: www.independent.co.uk

Masked gang jailed for family attack at wrong house – BBC News

Posted July 31st, 2014 in gangs, grievous bodily harm, news, sentencing, wounding by michael

‘An innocent family were beaten and stabbed in their own home in a scene from a “horror film” after a masked gang targeted the wrong house.’

Full story

BBC News, 30th July 2014

Source: www.bbc.co.uk

No appeal over Rolf Harris sex offences sentence – BBC News

Posted July 30th, 2014 in appeals, attorney general, child abuse, complaints, elderly, news, proportionality, sentencing, sexual offences by sally

‘Rolf Harris’s sex offences sentence will not be referred to the Court of Appeal, despite 150 complaints over its “leniency”, the attorney general’s office has said.’

Full story

BBC News, 30th July 2014

Source: www.bbc.co.uk