Hostility to the European Court and the risks of contagion – Philip Leach and Alice Donald – UK Human Rights Blog

Posted November 22nd, 2013 in courts, human rights, judiciary, news, treaties by sally

‘The relationship between the UK and the European Court remains turbulent and fractious. The Court has been the subject of significant criticism, notably from some politicians and commentators in the UK, relating to its supposed interference in domestic, sovereign questions and the quality of its judges. Some commentators, such as Michael Pinto-Duschinsky and the MP Nick Herbert have advocated withdrawal from the jurisdiction of the Court.’

Full story

UK Human Rights Blog, 21st November 2013

Source: www.ukhumanrightsblog.com

EU Controversy, Churchill and the Charter – The Human Rights Roundup – UK Human Rights Blog

Posted November 22nd, 2013 in charters, EC law, human rights, international law, news, terrorism by sally

‘This week, Chris Grayling and the Court of Justice go head to head over the domestic status of the Charter of Fundamental Rights, while the ghost of Winston Churchill comes back to haunt the “United States of Europe” debate. Meanwhile, Theresa May’s plans to deprive terrorist suspects of their British citizenship are under fire, while calls for press accountability are repeated.’

Full story

UK Human Rights Blog, 20th November 2013

Source: www.ukhumanrightsblog.com

The Upper Tribunal’s first consideration of monetary penalty notices by Julian Milford – Panopticon

Posted November 22nd, 2013 in appeals, data protection, fines, hospitals, news, penalties, tribunals by sally

‘Upper Tribunal has just issued judgment in Central London Community Healthcare NHS Trust v Information Commissioner [2013] UKUT 0551. This significant decision is the first time the Upper Tribunal has considered an appeal against a monetary penalty notice (“MPN”), issued by the Commissioner under section 55A Data Protection Act 1998 (“DPA”).’

Full story

Panopticon, 21st November 2013

Source: www.panopticonblog.com

Court of Appeal backs parallel UK and EPO patent proceedings but alters guidelines for future cases – OUT-LAW.com

‘A dispute over the alleged infringement of a standard-essential mobile technology European patent will be ruled on by the High Court despite there being ongoing proceedings before the European Patent Office (EPO) about whether the patent is valid.’

Full story

OUT-LAW.com, 21st November 2013

Source: www.out-law.com

Who’s right about the EU Charter of Fundamental Rights? – Head of Legal

Posted November 22nd, 2013 in charters, constitutional law, EC law, human rights, international law, news by sally

‘Confusion abounds about the EU Charter of Fundamental Rights following Mr Justice Mostyn’s recent judgment in R (AB) v Home Secretary (in which he appeared to say the Charter puts into UK law all sorts of new rights British governments had wanted to exclude) and Tuesday’s reaction by the Lord Chancellor Chris Grayling (who, it’s reported, is urgently trying to clarify whether the Charter ”applies in the UK”).’

Full story

Head of Legal, 21st November 2013

Source: www.headoflegal.com

Recent Statutory Instruments – legislation.gov.uk

Posted November 22nd, 2013 in legislation by sally

The Animal By-Products (Enforcement) (England) Regulations 2013

The Child Maintenance and Other Payments Act 2008 (Commencement No. 12 and Savings Provisions) and the Welfare Reform Act 2012 (Commencement No. 15) Order 2013

The Spirit Drinks (Costs of Verification) Regulations 2013

Source: www.legislation.gov.uk

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening) – WLR Daily

Ministry of Justice, Republic of Lithuania v Bucnys (Antonov intervening); Sakalis v Ministry of Justice, Republic of Lithuania (Same intervening); Lavrov v Ministry of Justice, Estonia (Same intervening): [2013] UKSC 71;   [2013] WLR (D)  446

‘A European arrest warrant issued by a government ministry in respect of a convicted person with a view to his or her arrest and extradition could be regarded as issued by a judicial authority for the purposes of Council Framework Decision 2002/584/JHA— and Part 1 of the Extradition Act 2003 which gave effect to it in the United Kingdom— if the ministry had only issued the warrant at the request of and by way of endorsement of a decision that the issue of such a warrant was appropriate made by the court responsible for the sentence or some other person or body properly regarded as a judicial authority responsible for its execution. A ministry which had power to issue an European arrest warrant of its own motion and had done so, or which had issued a warrant at the request of a non-judicial authority, including an executive agency such as a prison department, could not be regarded as a judicial authority for those purposes.’

WLR Daily, 20th November 2013

Source: www.iclr.co.uk

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre

Posted November 22nd, 2013 in advertising, appeals, Christianity, law reports, media by sally

Regina (London Christian Radio Ltd and another) v Radio Advertising Clearance Centre:[2013] EWCA Civ 1495;   [2013] WLR (D)  445

‘The words “an advertisement which is directed towards a political end”, in section 321(2)(b) of the Communications Act 2003, invited attention to the subject-matter of the advertisement, and not the motives and intentions of the advertiser unless those intentions were expressed or were implicit in the language of the advertisement itself. An objective examination of the text of the advertisement alone was required, and the word “political” should not be given a narrow and artificially restrictive interpretation given the wide scope of the examples provided in section 321(3).’

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

 

General Dental Council v Fajemisin – WLR Daily

Posted November 22nd, 2013 in dentists, disciplinary procedures, jurisdiction, law reports by sally

General Dental Council v Fajemisin: [2013] EWHC 3501 (Admin);   [2013] WLR (D)  447

“In addition to cases in which a previous decision could be revisited under the equivalent of the slip rule, a public body had jurisdiction to revisit a decision which had been made in ignorance of the true facts when the factual basis on which it had proceeded had amounted to a fundamental mistake of fact. That power existed irrespective of whether the decision fell to be classified as judicial or administrative in nature.”

WLR Daily, 19th November 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted November 22nd, 2013 in law reports by sally

Court of Appeal (Civil Division)

AS (Afghanistan) v Secretary of State for the Home Department [2013] EWCA Civ 1469 (21 November 2013)

C (A Child), Re [2013] EWCA Civ 1412 (21 November 2013)

SAS Institute Inc v World Programming Ltd [2013] EWCA Civ 1482 (21 November 2013)

L, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1481 (21 November 2013)

D, Re (Leave To Oppose Making of Adoption Order) (Rev 1) [2013] EWCA Civ 1480 (21 November 2013)

Hunt, R (on the application of) v North Somerset Council [2013] EWCA Civ 1483 (21 November 2013)

IPCom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWCA Civ 1496 (21 November 2013)

Ignaoua, R (on the application of) v Secretary of State for the Home Department [2013] EWCA Civ 1498 (21 November 2013)

Court of Appeal (Criminal Division)

Wells v R [2013] EWCA Crim 2043 (19 November 2013)

High Court (Commercial Court)

LNOC Ltd v Watford Association Football Club Ltd [2013] EWHC 3615 (Comm) (21 November 2013)

BAT Industries Plc v Windward Prospects Ltd [2013] EWHC 3612 (Comm) (21 November 2013)

Credit Suisse AG v Up Energy Group Ltd [2013] EWHC 3611 (Comm) (21 November 2013)

High Court (Queen’s Bench Division)

New Century Media Ltd v Makhlay [2013] EWHC 3556 (QB) (21 November 2013)

Douglas v The Ministry of Justice [2013] EWHC 3640 (QB) (21 November 2013)

Source: www.bailii.org

Watchdog demands GCHQ report on NSA’s UK data storage – The Guardian

‘The watchdog tasked with scrutinising the work of Britain’s intelligence agencies is to demand an urgent report from GCHQ about revelations that the phone, internet and email records of British citizens have been analysed and stored by America’s National Security Agency.’

Full story

The Guardian, 21st November 2013

Source: www.guardian.co.uk

Manchester Debenhams boy rapist has jail term cut – BBC News

Posted November 22nd, 2013 in joint enterprise, news, rape, sentencing by sally

‘One of two men jailed for raping a 14-year-old boy in the toilet of a central Manchester department store has had his prison sentence cut.’

Full story

BBC News, 21st November 2013

Source: www.bbc.co.uk

Hunger striker Isa Muazu loses release bid – The Independent

Posted November 22nd, 2013 in appeals, demonstrations, detention, immigration, news by sally

‘A hunger striker who is “near death” has failed to win temporary freedom pending his appeal court challenge to being held in an immigration detention centre.’

Full story

The Independent, 21st November 2013

Source: www.independent.co.uk

Stalking laws ‘not being implemented’ – BBC News

Posted November 22nd, 2013 in crime, criminal justice, news, stalking by sally

‘The MP who chaired an inquiry that led to stalking being made a specific criminal offence has warned the new laws are not being implemented.’

Full story

BBC News, 21st November 2013

Source: www.bbc.co.uk

CQC report says hospital care has not improved since Mid Staffs scandal – The Guardian

Posted November 22nd, 2013 in elderly, health, hospitals, news, quality assurance, reports by sally

‘Hospitals have made no improvement in patient safety or treating the ill with dignity and respect despite the concerns triggered by the Mid Staffordshire scandal, according to the independent healthcare regulator. The Care Quality Commission (CQC) also found no improvement in hospitals monitoring and assessment of the quality of care they are providing.’

Full story

The Guardian, 21st November 2013

Source: www.guardian.co.uk

‘Reform court process for children and sex attack victims’, says former senior judge – Daily Telegraph

Posted November 22nd, 2013 in children, courts, evidence, news, sexual offences, victims, witnesses by sally

‘Radical reforms to the way children and adult sex abuse victims give evidence in court have been floated by the former Lord Chief Justice.
Lord Judge, who stepped down as England and Wales’ most senior judge at the end of September, said there could be a “powerful case” to end the way in which rape and other sex crimes victims currently give evidence.’

Full story

Daily Telegraph, 21st November 2013

Source: www.telegraph.co.uk

London slaves: the day they escaped suburban ‘jail’ after 30 years – Daily Telgraph

Posted November 22nd, 2013 in news, trafficking in human beings, women by sally

‘It was, in the words of one charity boss, “just an ordinary house in an ordinary street”. Yet behind its doors, unbeknown to neighbours going about their daily lives, the elderly home owners were allegedly keeping three women as slaves in conditions that belonged to the pre-Victorian age.’

Full story

Daily Telegraph, 21st November 2013

Source: www.telegraph.co.uk

Paddling pool victim seeks millions – Daily Telegraph

“Student Andrew Risk, who was paralysed after diving into 2ft of water, sues Rose Bruford drama school for ‘failing to control high jinx at summer ball’.”

Full story

Daily Telegraph, 20th November 2013

Source: www.telegraph.co.uk

Podcast 224: Dexter Dias QC on female genital mutilation and human rights – Charon QC

Posted November 21st, 2013 in barristers, crime, female genital mutilation, human rights, news, prisons, women by sally

“Dexter Dias QC talks to me about the legal and moral issues involved in female genital mutilation and the increasing prison population in the USA and UK.”

Podcast

Charon QC, 20th November 2013

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

BAILII: Recent Decisions

Posted November 21st, 2013 in law reports by sally

Supreme Court

Bucnys v Ministry of Justice [2013] UKSC 71 (20 November 2013)

Patel & Ors v Secretary of State for the Home Department [2013] UKSC 72 (20 November 2013)

Court of Appeal (Criminal Division)

Fields & Ors v R. [2013] EWCA Crim 2042 (14 November 2013)

Court of Appeal (Civil Division)

Lanfear v Chandler [2013] EWCA Civ 1497 (20 November 2013)

Salat v Barutis [2013] EWCA Civ 1499 (20 November 2013)

Deutsche Bahn AG & Ors v Morgan Advanced Materials Plc & Ors [2013] EWCA Civ 1484 (20 November 2013)

High Court (Queen’s Bench Division)

GH Cornish LLP & Ors v Smith [2013] EWHC 3563 (QB) (20 November 2013)

High Court (Chancery Division)

Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd & Anor [2013] EWHC 3624 (Ch) (20 November 2013)

Pennyfeathers Ltd & Ors v Pennyfeathers Property Company Ltd & Ors [2013] EWHC 3530 (Ch) (19 November 2013)

High Court (Administrative Court)

Obi v The Solicitors Regulation Authority [2013] EWHC 3578 (Admin) (20 November 2013)

Arshad v Court of Magistrates Malta [2013] EWHC 3619 (Admin) (20 November 2013)

High Court (Family Division)

G v B (Rev 1) [2013] EWHC 3414 (Fam) (07 November 2013)

High Court (Technology and Construction Court)

Westshield Ltd v Whitehoue & Anor [2013] 3576 EWHC (TCC) (18 November 2013)

High Court (Commercial Court)

Kazakhstan Kagazy Plc & Ors v Zhunus & Ors [2013] EWHC 3618 (Comm) (20 November 2013)

Transition Feeds LLP v Itochu Europe Plc [2013] EWHC 3629 (Comm) (15 November 2013)

Source: www.bailii.org