In re W (A Child); In re H (Children) – WLR Daily

Posted October 21st, 2013 in adoption, appeals, care orders, children, codes of practice, family courts, law reports, local government, news, parental rights by sally

In re W (A Child); In re H (Children) [2013] EWCA Civ 1177; [2013] WLR (D) 384

“Guidance on how the Court of Appeal should approach applications for permission to appeal and appeals arising from decisions of family judges refusing parents leave in accordance with section 47(5) of the Adoption and Children Act 2002 to oppose the making of adoption orders in relation to their children where such decisions were delivered before the decision in In re B-S (Children) [2013] EWCA Civ 1146; [2013] WLR (D) 348.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Drug baron told to pay £185m – or face a further 10 years in jail – The Guardian

Posted October 21st, 2013 in assets recovery, drug offences, drug trafficking, homicide, news, sentencing by sally

“One of Britain’s most notorious drug smugglers has been told to pay £185m – or face another 10 years in jail. Curtis Warren, the only drug dealer to make it on to the Sunday Times Rich List, faces trial this week in Jersey where he was jailed in 2007 over a £1m cannabis-smuggling plot.”

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The Guardian, 20th October 2013

Source: www.guardian.co.uk

The latest prisoner votes judgment may be our Marbury v Madison – UK Human Rights Blog

Posted October 21st, 2013 in elections, human rights, judicial review, judiciary, news, prisons, Supreme Court by sally

“At first glance, prisoner voting proponents may interpret the Supreme Court’s R (Chester) v Justice Secretary decision (see Adam Wagner’s previous post) as a defeat for advancing prisoner voting rights in the UK. This blog post offers a different perspective. By comparing Chester to the seminal US Supreme Court case of Marbury v. Madison, we summarise that such proponents should take a step back and see the wood, rather than merely the trees. This is because Lord Mance’s Chester judgment offers human rights advocates, and therefore supporters of prisoner voting rights, an unequivocal foundation from which to defend future human rights claims.”

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UK Human Rights Blog, 20th October 2013

Source: www.ukhumanrightsblog.com

Balance of Competences Fundamental Rights Review – Ministry of Justice

Posted October 21st, 2013 in consultations, EC law, human rights, news by sally

“The Balance of Competences Review was announced by the Foreign Secretary William Hague in July 2012 to examine the balance of competences between the UK and the European Union.”

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Ministry of Justice, 21st October 2013

Source: www.consult.justice.gov.uk

High Court dismisses challenge to PCO in Richard III burial case – Litigation Futures

Posted October 21st, 2013 in Administrative Court, appeals, burials and cremation, costs, judicial review, news, protective costs orders, public interest, royal family by sally

“The High Court has comprehensively rejected the government’s bid to overturn the grant of a protective costs order (PCO) in favour of campaigners for the reburial of King Richard III in York.”

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Litigation Futures, 18th October 2013

Source: www.litigationfutures.com

Schools’ duty to safeguard children who lark around – Education Law Blog

Posted October 21st, 2013 in appeals, damages, duty of care, health & safety, news, personal injuries, school children by sally

“If you are sitting comfortably, I’ll tell you the story of the boy who tried to punch his younger brother but instead hit a water fountain and then sued his school for damages. Or rather I’ll tell you how the Court of Appeal told it in West Sussex County Council v Lewis Pierce [2013] EWCA Civ 1230.”

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Education Law Blog, 18th October 2013

Source: www.education11kbw.com

Should we have an enforceable right to food? – Professor Geraldine van Bueren Q.C. – UK Human Rights Blog

Posted October 21st, 2013 in enforcement, food, human rights, news, statutory duty by sally

“Nearly eight hundred years ago, in 1216 English law first recognized a right to food. Yet between April and September this year over 350,000 people received three days’ emergency food from the Trussell Trust food banks, triple the numbers helped in the same period last year.”

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UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

Gas company vicariously liable for database rights infringement by staff – OUT-LAW.com

Posted October 21st, 2013 in copyright, damages, database right, energy, news, privacy, vicarious liability by sally

“The market leader in the sale of liquid propane gas (LPG) in the UK has been found vicariously liable for the infringement of database rights belonging to a rival.”

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OUT-LAW.com, 18th October 2013

Source: www.out-law.com

Andrew Jaipaul murder: Allan Kalema sentenced to 14 years in prison – BBC News

Posted October 21st, 2013 in conspiracy, grievous bodily harm, murder, news, sentencing, violent disorder by sally

“A gang member has been jailed for life after a painter and decorator was stabbed 25 times in a London estate.”

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BBC News, 18th October 2013

Source: www.bbc.co.uk

Court orders MMR vaccine for children – UK Human Rights Blog

Posted October 21st, 2013 in families, local government, medical ethics, medical treatment, news, parental rights, vaccination by sally

“The High Court has ruled that two sisters must receive the MMR vaccine against their wishes and the wishes of their mother. This was an application by the father for a declaration and a specific issue order concerning his daughters both receive the MMR vaccination. This was opposed by their mother.”

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UK Human Rights Blog, 18th October 2013

Source: www.ukhumanrightsblog.com

Ofsted fairness standards graded inadequate – Halsbury’s Law Exchange

Posted October 21st, 2013 in complaints, freedom of information, human rights, injunctions, judicial review, news, ombudsmen, oral hearings, quality assurance, school children, standards by sally

“The Care Quality Commission has made headlines recently with the focus on inadequacies in its processes as a regulator and its failure to spot sub-standard and even dangerous levels of care. Its fellow regulator Ofsted, however, is more likely to be accused of being over – rather than under – zealous, but its approach has been subject to far less scrutiny.”

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Halsbury’s Law Exchange, 18th October 2013

Source: www.halsburyslawexchange.co.uk

Fraud cases up 60 per cent as criminals head online – Daily Telegrah

Posted October 21st, 2013 in fraud, internet, news, statistics by sally

“The number of frauds recorded by police has risen by nearly 60 per cent in five years, according to newly released official crime figures.”

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Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

New cookies guidance highlights intra-EU differences on data protection definitions, says expert – OUT-LAW.com

Posted October 21st, 2013 in advertising, consent, data protection, EC law, internet, interpretation, news, privacy by sally

“New guidance issued by an EU privacy advisory body on ‘cookies’ highlights a continuing lack of harmonisation on definitions central to European data protection laws, which are interpreted differently across different EU countries, an expert has said.”

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OUT-LAW.com, 17th October 2013

Source: www.out-law.com

Ruvi Ziegler: The missing right to vote: The UK Supreme Court’s judgment in Chester and McGeoch – UK Constitutional Law Group

Posted October 21st, 2013 in bills, EC law, elections, human rights, news, prisons, Supreme Court by sally

“On 16 October 2013, a seven-judge panel of the UK Supreme Court (UKSC) unanimously rejected two challenges (R (Chester) v Secretary of State for Justice and McGeoch v The Lord President of the Council & Anor and the judgment summary) brought by prisoners serving terms of life imprisonment against their disenfranchisement in UK national elections pursuant to section 3(1) of the Representation of the People Act 1983 (RPA) and in EU Parliamentary elections and UK local elections pursuant to section 8(2) of the European Parliamentary Elections Act 2002.”

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UK Constitutional Law Group, 21st October 2013

Source: www.ukconstitutionallaw.org

Prisoner becomes first inmate to be given a CRASBO – Daily Telegraph

Posted October 21st, 2013 in ASBOs, domestic violence, harassment, news, prisons, sentencing by sally

“A convicted prisoner, with a history of violence against women, has become the first person to be issued with a CRASBO while still in jail.”

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Daily Telegraph, 17th October 2013

Source: www.telegraph.co.uk

Orchid View scandal: Whistle-blowing inquiry call – BBC News

Posted October 21st, 2013 in care homes, causing death of children or vulnerable adults, inquests, inquiries, negligence, news, standards, whistleblowers by sally

“Ministers must launch an inquiry into how whistle-blowers are treated in the wake of the Orchid View care home scandal, MP Charlotte Leslie has said.”

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BBC News, 20th October 2013

Source: www.bbc.co.uk

Magistrates throw out plan to ditch Bible oath – Daily Telegraph

Posted October 21st, 2013 in Christianity, courts, evidence, magistrates, news, oaths, witnesses by sally

“Swearing on the Bible will continue to be a crucial part of giving evidence in court after magistrates threw out proposals to introduce a modernised oath.”

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Daily Telegraph, 19th October 2013

Source: www.telegraph.co.uk

Legal claims ‘could paralyse’ armed forces – BBC News

Posted October 21st, 2013 in Afghanistan, armed forces, costs, duty of care, human rights, Iraq, jurisdiction, negligence, news, prosecutions, Supreme Court by sally

“A ‘sustained legal assault’ on British forces could have ‘catastrophic consequences’ for the safety of the nation, an influential right-leaning think tank has warned.”

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BBC News, 18th October 2013

Source: www.bbc.co.uk

Private citizen wins right to prosecute Met police worker – The Independent

Posted October 21st, 2013 in complaints, Crown Prosecution Service, news, perverting the course of justice, police, private prosecutions by sally

“Scotland Yard is facing fresh embarrassment after a citizen won the right to launch what is thought to be an unprecedented private prosecution of a police employee for perverting the course of justice.”

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The Independent, 18th October 2013

Source: www.independent.co.uk

Why breaking up is getting even harder to do – BBC News

Posted October 21st, 2013 in children, dispute resolution, divorce, financial dispute resolution, legal aid, news by sally

“Dozens of centres designed to help couples split up amicably are in danger of closure.”

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BBC News, 19th October 2013

Source: www.bbc.co.uk