Anything Goes? – Criminal Law and Justice Weekly

Posted November 4th, 2013 in enforcement notices, guilty pleas, judicial review, magistrates, news, planning by sally

“Has Rahmdezfouli stemmed the march against formalism, asks Dan Bunting.”

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Criminal Law and Justice Weekly, 2nd November 2013

Source: www.criminallawandjustice.co.uk

Government launches probe into maternity discrimination at work after surge in complaints – The Independent

Posted November 4th, 2013 in news, pregnancy, sex discrimination, unfair dismissal by sally

“The Government has launched a £1m investigation into the discrimination faced by women in pregnancy and its impact on families and the economy.”

Full story

The Independent, 4th November 2013

Source: www.independent.co.uk

New disqualification rules to apply to lay employees – Bar Standards Board

Posted November 4th, 2013 in barristers, barristers' clerks, disqualification, news, professional conduct by sally

“The new Code of Conduct for barristers contains new rules that will allow the Bar Standards Board (BSB) to disqualify a lay employee working in chambers.”

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Bar Standards Board, 4th November 2013

Source: www.barstandardsboard.org.uk

Report calls for female genital mutilation to be treated as child abuse – The Guardian

Posted November 4th, 2013 in child abuse, female genital mutilation, news, reports by sally

“Thousands of girls in danger of genital mutilation are being failed by the health and justice systems, a coalition of health professionals has warned in a report that recommends aggressive steps to eradicate the practice in the UK.”

Full story

The Guardian, 4th November 2013

Source: www.guardian.co.uk

Fordent Holdings Ltd v Secretary of State for Communities and Local Government – WLR Daily

Posted November 4th, 2013 in change of use, interpretation, law reports, planning by sally

Fordent Holdings Ltd v Secretary of State for Communities and Local Government [2013] EWHC 2844 (Admin); [2013] WLR (D) 418

“A material change of use of Green Belt land was capable of falling within the scope of paragraph 81 of the National Planning Policy Framework (‘NPPF’), but would not by definition be appropriate development as a result. Rather, such a change of use would be a material consideration in determining whether there existed very special reasons for permitting otherwise inappropriate development falling outwith the terms of paragraphs 89 and 90 of the NPPF.”

WLR Daily, 26th October 2013

Source: www.iclr.co.uk

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another – WLR Daily

Posted November 4th, 2013 in carriage of goods, contracts, jurisdiction, law reports by sally

British American Tobacco Switzerland SA and others v Exel Europe Ltd and others; British American Tobacco Denmark A/S and others v Exel Europe Ltd and another [2013] EWCA Civ 1319; [2013] WLR (D) 417

“Where the English court had jurisdiction pursuant to article 31.1 of the Convention on the Contract for the International Carriage of Goods by Road (as scheduled to the Carriage of Goods by Road Act 1965) in respect of a claim by the cargo owner against the primary carrier under the contract of carriage, article 36 of the Convention permitted the cargo owner to bring proceedings in England not only against the primary carrier, but also against successive carriers, whether or not the English court would have had jurisdiction over the successive carriers individually applying the provisions of article 31.1.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority – WLR Daily

Posted November 4th, 2013 in appeals, assisted reproduction, law reports, licensing by sally

Regina (Assisted Reproduction and Gynaecology Centre and another) v Human Fertilisation and Embryology Authority [2013] EWHC 3087 (Admin); [2013] WLR (D) 416

“The Human Fertilisation and Embryology Authority, established under section 5 of the Human Fertilisation and Embryology Act 1990, did not have power to impose a condition which took effect on a licence prior to completion of the full statutory process up to and including the appeal process provided for in section 20 of the 1990 Act.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Jama v Senior Public Prosecutor, Gera, Germany – WLR Daily

Posted November 4th, 2013 in drug trafficking, EC law, extradition, law reports, warrants by sally

Jama v Senior Public Prosecutor, Gera, Germany [2013] EWHC 3276 (Admin); [2013] WLR (D) 415

“Trafficking khat, which was an offence under German law, was capable of amounting to a framework list offence of ‘illicit trafficking in narcotic drugs and psychotropic substances’ pursuant to section 64(2) of the Extradition Act 2003 and article 2(2) of Council Framework Decision 2002/583/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (‘the Framework Decision’), even though khat was not a narcotic drug or psychotropic substance prohibited by the United Nations Convention against Illicit Traffic of Narcotic Drugs and Psychotropic Substances 1988 (‘the 1988 Convention’).”

WLR Daily, 31st October 2013

Source: www.iclr.co.uk

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same – WLR Daily

Posted November 4th, 2013 in asylum, EC law, judicial review, law reports by sally

Regina (Habte) v Secretary of State for the Home Department; Regina (RH (Eritrea) and another) v Same [2013] EWHC 3295 (Admin); [2013] WLR (D) 414

“The procedural requirements to be followed when making a request to another member state pursuant to Council Regulation (EC) No 343/2003 to accept responsibility for processing an asylum claim of a third country national were those set out in the relevant European Union regulations themselves. There was no obligation to undertake additional procedural steps either as a matter of domestic public law, or on the basis that further procedural obligations ought to be implied into the provisions of the relevant EU regulations.”

WLR Daily, 30th October 2013

Source: www.iclr.co.uk

Supreme Court weighs in on patient’s best interests and the meaning of futility – UK Human Rights Blog

Posted November 4th, 2013 in appeals, hospitals, medical treatment, mental health, news by sally

“The Supreme Court has given judgment in the first case to come before it under the Mental Capacity Act 2005. The sole judgment was given by Lady Hale (Deputy President of the Court), with whom Lord Neuberger, Lord Clarke, Lord Carnwath and Lord Hughes.”

Full story

UK Human Rights Blog, 3rd November 2013

Source: www.ukhumanrightsblog.com

Visitor bond scheme to be scrapped by government – BBC News

Posted November 4th, 2013 in immigration, indemnities, news by sally

“Plans for a £3,000 ‘security bond’ for some ‘high risk’ overseas visitors to the UK are to be abandoned, the Home Office has confirmed.”

Full story

BBC News, 3rd November 2013

Source: www.bbc.co.uk

Ban court witnesses from giving evidence in veil, says Ken Clarke – The Guardian

Posted November 4th, 2013 in court dress, evidence, Islam, news, witnesses by sally

“The former justice secretary Ken Clarke has rekindled the debate about wearing veils in court by claiming that a proper trial is impossible if a defendant is ‘in a kind of bag’.”

Full story

The Guardian, 3rd November 2013

Source: www.guardian.co.uk

Special report: Haringey children’s services – ‘They said things would change after Baby Peter’ – The Independent

Posted November 4th, 2013 in child abuse, child cruelty, local government, news, social services by sally

“The council that repeatedly promised to protect its children following the deaths of Baby Peter and Victoria Climbié has launched yet another serious case review (SCR) into a child abuse case, The Independent on Sunday can reveal. The new investigation has started only a month after the publication of Haringey’s last SCR into Child T, a three-year-old who was beaten so badly with a belt, stick and cable that he was hospitalised yet was still returned to the family home, where the abuse continued. The latest investigation is the council’s sixth known SCR – investigations into serious incidents of child abuse – since the report into Baby Peter’s death was published in 2009.”

Full story

The Independent, 3rd November 2013

Source: www.independent.co.uk

Prosecute professionals who stay silent on child abuse claims – Keir Starmer – The Guardian

Posted November 4th, 2013 in child abuse, news, prosecutions, small claims, social services, teachers, witnesses by sally

“Teachers and health workers should be prosecuted for failing to alert the police to allegations of child abuse, according to the former director of public prosecutions, who is calling for an overhaul of the law to prevent more victims from slipping through the net.”

Full story

The Guardian, 4th November 2013

Source: www.guardian.co.uk

EVENT: UK Constitutional Law Group – The Future of Judicial Review: Report Launch

Posted November 4th, 2013 in Forthcoming events by sally

“Judicial review faces an uncertain future. The government’s proposed reforms in this area – not least, restricting who may bring a claim – are attracting controversy. Our new report takes a step back from the heat of that debate to illuminate the broader picture from a constitutional perspective. What are the constitutional implications of attempts by the executive to limit the ability of individuals or organisations to challenge its decisions – and the power of the courts to rule on the lawfulness of its actions? What is the impact on the rule of law and the relationship between institutions of state? What are the potential consequences of altering the constitutional balance between our judges and Parliament? And why is this issue so important to the government, to Parliament and to lawyers?”

Date: Tuesday 19th November 2013, 6.15pm

Location: The British Academy, 10-11 Carlton House Terrace, London SW1Y 5AH

Charge: See website for details

More information can be found here.

Legal aid cuts criticised by Treasury Counsel and Bar Council – BBC News

Posted November 4th, 2013 in barristers, budgets, legal aid, news by sally

“Government plans to cut legal aid in criminal cases have been criticised by an elite group of barristers used by it to prosecute the most serious crimes.”

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BBC News, 2nd November 2013

Source: www.bbc.co.uk

I swear that the current procedure for taking oaths in court needs reform – Halsbury’s Law Exchange

Posted November 4th, 2013 in Christianity, criminal procedure, Islam, magistrates, news, oaths, trials, witnesses by sally

“Do you object to swearing an oath on the Bible? Sorry, I hope that question didn’t put you off your stride when settling down to read this article. It’s the same question witnesses are asked when they’re about to give evidence in criminal trials.”

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Halsbury’s Law Exchange, 1st November 2013

Source: www.halsburyslawexchange.co.uk

Holmanleaze mosque graffiti artist spared jail – BBC News

“A man who spray painted offensive graffiti on a mosque has been ordered to carry out 270 hours of unpaid work.”

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BBC News, 1st November 2013

Source: www.bbc.co.uk

Al Quaida list and the use of prerogative powers – UK Human Rights Blog

“There was nothing unlawful in the Foreign Secretary’s decision to allow a UK resident to be added to the UN’s Consolidated List of members of Al-Quaida and its associates.”

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UK Human Rights Blog, 1st November 2013

Source: www.ukhumanrightsblog.com

MoD lawyers soar as Armed Forces’ budgets cut – Daily Telegraph

Posted November 4th, 2013 in armed forces, budgets, human rights, legal profession, news by sally

“Number of military lawyers employed by the Ministry of Defence has risen by nearly half in recent years.”

Full story

Daily Telegraph, 1st November 2013

Source: www.telegraph.co.uk