Current Awareness

“The Law Society was today granted permission to intervene in the judicial review of the Legal Services Board’s approval of the Quality Assurance Scheme for Advocates.”

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Law Society’s Gazette, 23rd October 2013

Source: www.lawgazette.co.uk

Ofcom upholds Lord McAlpine complaints – BBC News

Posted October 24th, 2013 in complaints, defamation, media, news by sally

“Broadcasting watchdog Ofcom has upheld complaints against episodes of Newsnight and This Morning which led to Lord McAlpine being wrongly implicated in child sex abuse allegations.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

Richard III on the move again – pitched into the current judicial review debate – UK Human Rights Blog

Posted October 24th, 2013 in burials and cremation, costs, judicial review, news, protective costs orders, royal family by sally

“The Plantagenet Alliance Ltd (R o.t.a) v. Secretary of State for Justice and others, Haddon-Cave J, 18 October 2013 (PCO), and on permission, 15 August 2013. I posted here on the original judgment giving the Plantagenet Alliance permission to seek judicial review of the Secretary of State’s decision to re-bury Richard III in Leicester. At the time, the judge had made a full Protective Costs Order in favour of the Alliance, so that it would not have to pay costs if it lost. The judge had also ordered what he envisaged to be a short hearing to determine in what sum the Alliance’s costs should be capped. if it won.”

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UK Human Rights Blog, 23rd October 2013

Source: www.ukhumanrightsblog.com

Amelia Bowmar death: Darryl Elliott jailed for life – BBC News

Posted October 24th, 2013 in child abuse, murder, news, sentencing by sally

“A father-of-two who murdered his partner’s young daughter has been jailed for life.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

Christian seeks landmark ruling over Sunday shifts – Daily Telegraph

Posted October 24th, 2013 in appeals, carers, Christianity, employment, local government, news, religious discrimination, Sunday trading by sally

“Celestina Mba, a Christian care worker, asks the Court of Appeal to rule that she should not be forced by an employer to work on Sundays.”

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Daily Telegraph, 23rd October 2013

Source: www.telegraph.co.uk

Press curbs ‘will damage Queen’s standing’ – Daily Telegraph

Posted October 24th, 2013 in charters, freedom of expression, media, news, Privy Council by sally

“Politicians’ ‘repressive’ plans to regulate the press will undermine the country’s international standing and the reputation of the Queen, free speech groups have warned.”

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Daily Telegraph, 23rd October 2013

Source: www.telegraph.co.uk

New code of police ethics follows Plebgate – The Guardian

Posted October 24th, 2013 in codes of practice, news, police, professional conduct, select committees by sally

“A tough new code of ethics for the police service will be heralded by the home secretary after three officers at the centre of allegations that they lied to discredit Andrew Mitchell refused repeatedly to apologise to him during an interrogation by MPs.”

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The Guardian, 23rd October 2013

Source: www.guardian.co.uk

Institutions still not safe from child sex abusers – National Crime Agency

Posted October 24th, 2013 in child abuse, news, reports, sexual offences, victims by sally

“Organisations are at risk of being ‘complacent’ about tackling abuse because of a tendency to concentrate on historic cases, the new law enforcement agency has concluded in its first major report.”

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National Crime Agency, 24th October 2013

Source: www.nationalcrimeagency.gov.uk

Eccles couple sentenced for trafficking servant girl – BBC News

Posted October 23rd, 2013 in benefits, community service, fraud, immigration, news, rape, sentencing, trafficking in human beings by sally

“A couple who trafficked a 10-year-old girl to the UK who was repeatedly raped and kept as a servant for nearly a decade have been jailed.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

Annie Woodland wins landmark case over near drowning – BBC News

Posted October 23rd, 2013 in appeals, compensation, duty of care, health & safety, local government, negligence, news, personal injuries, school children, Supreme Court by sally

“A woman who almost drowned in a school swimming lesson 13 years ago has won a landmark case at the Supreme Court.”

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BBC News, 23rd October 2013

Source: www.bbc.co.uk

Sarjantson and another v Chief Constable of Humberside Police – WLR Daily

Posted October 23rd, 2013 in appeals, assault, delay, duty of care, human rights, law reports, negligence, police, statutory duty, victims by sally

Sarjantson and another v Chief Constable of Humberside Police: [2013] EWCA Civ 1252; [2013] WLR (D) 393

“The positive duty on the state (the police) to avert a real and immediate risk to life or injury, pursuant to articles 2 and 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, was not limited to identified or identifiable persons. It was sufficient that such potential victims were known or should be known to exist; and it made no difference that the risk arose during an incident which had already commenced.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Glendalough Associated SA v Harris Calnan Construction Co Ltd – WLR Daily

Posted October 23rd, 2013 in construction industry, contracts, damages, delay, law reports, tenders by sally

Glendalough Associated SA v Harris Calnan Construction Co Ltd: [2013] EWHC 3142 (TCC); [2013] WLR (D) 397

“Where, in adjudication proceedings brought pursuant to the Housing Grants, Construction and Regeneration Act 1996, the referring party did not assert in terms that the agreement in question was made otherwise than in writing, section 107(5) of the Act was not engaged.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk

In re C (A Child)(Care Plan: Adoption) – WLR Daily

Posted October 23rd, 2013 in adoption, care orders, children, guardianship, law reports, local government by sally

In re C (A Child)(Care Plan: Adoption): [2013] EWCA Civ 1257; [2013] WLR (D) 394

“Where the court was hearing applications for both a care order and a placement for adoption order, the court should avoid a linear approach of considering and rejecting options in turn, and instead engage in a holistic evaluation of the central question of the welfare of the child by reference to the considerations in section 1 of the Adoption and Children Act 2002, rather than the provisions in section 1 of the Children Act 1989.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

Zulhayir v JJ Food Service Ltd – WLR Daily

Posted October 23rd, 2013 in appeals, complaints, disability discrimination, employment, employment tribunals, law reports, unfair dismissal by sally

Zulhayir v JJ Food Service Ltd: [2013] EWCA Civ 1226; [2013] WLR (D) 396

“For an appeal to succeed on the ground of perversity an overwhelming case had to be made out that the court or tribunal below had reached a decision which no reasonable tribunal, on a proper appreciation of the evidence and the law, would have reached.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another – WLR Daily

Posted October 23rd, 2013 in appeals, judicial review, jurisdiction, law reports, planning by sally

Regina (Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and another: [2013] EWHC 3166 (Admin); [2013] WLR (D) 395

“Service on the relevant interested parties of a direction by the Secretary State to recover jurisdiction over a planning appeal pursuant to paragraph 3 of Schedule 6 to the Town and Country Planning Act 1990 was not required before such a direction would be deemed effective, the making of the direction and its service being two separate and distinct actions under the scheme of the legislation.”

WLR Daily, 21st October 2013

Source: www.iclr.co.uk