Divorce battle lands pair with £1.3m legal bill – Daily Telegraph
“A husband ran up a £500,000 legal bill in a bitter divorce dispute he could not afford, the High Court ruled.”
Daily Telegraph, 5th December 2012
Source: www.telegraph.co.uk
Category: news
Internet traffic data and debt collection: privacy implications – Panopticon
“Mr Probst was a subscriber to the internet service provider (ISP) Verizon. He failed to pay his bill. A company called ‘nexnet’, the assignee of Verizon’s debt, sought to collect the sums due. In doing so, it obtained and used his internet traffic data in accordance with its ‘data protection and confidentiality agreement’ with Verizon. Disinclined to pay up, Mr Probst argued that nexnet had processed his personal data unlawfully and that the relevant terms of its agreement with Verizon purporting to sanction that processing were void. The first-instance German court agreed with him, but the appellate court did not.”
Panopticon, 5th December 2012
Source: www.panopticonblog.com
Jail sex offenders for longer, proposes review of sentencing guidelines – The Guardian
“Rapists and sex attackers should be given longer prison terms, the Sentencing Council recommends, as courts take into account gang attacks and new technologies exploited by offenders.”
The Guardian, 6th December 2012
Source: www.guardian.co.uk
Theresa May wins Abu Qatada court appeal bid – The Independent
“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”
The Independent, 5th December 2012
Source: www.independent.co.uk
Hillsborough probe bill supported in House of Commons – BBC News
“New powers to help the investigation of police officers involved in the Hillsborough disaster have been approved by MPs in the Commons.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
Sexual Offences Guidelines Consultations – Ministry of Justice
Sexual Offences Guideline: Child sex offences committed by young offenders under the age of 18
Sexual Offences Guideline: Exploitation offences
Sexual Offences Guideline: Indecent images of children
Sexual Offences Guideline: Offences against those with a mental disorder
Sexual Offences Guideline: Offences where the victim is a child
Sexual Offences Guideline: Other sexual offences
Sexual offences guideline: Rape and assault offences
Ministry of Justice, 6th December 2012
Source: www.justice.gov.uk
Addenbrooke’s Hospital payout as equipment left in patient – BBC News
“A hospital has apologised and paid £7,000 in compensation to a man who had surgical equipment left inside him following an operation.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
FCA’s temporary product ban powers “approval by another name”, says expert – OUT-LAW.com
“The Financial Services Authority (FSA) is consulting on a new power that will enable regulators to ban financial products without consultation in certain circumstances.”
OUT-LAW.com, 5th December 2012
Source: www.out-law.com
Man cleared of racial abuse after using nigger ‘as term of endearment’ – The Guardian
“A court has cleared a man who shouted the word ‘nigger’ at a black man of racial abuse, after he claimed he was a rap music fan who used the term as an endearment.”
The Guardian, 4th December 2012
Source: www.guardian.co.uk
‘Unfair’ supermarkets could face hefty fines under new watchdog – The Guardian
“Large UK supermarkets which abuse their power in the marketplace and treat suppliers ‘unfairly’ could be fined by a new watchdog under changes announced by the Department for Business.”
The Guardian, 4th December 2012
Source: www.guardian.co.uk
Man jailed over naked climb on Whitehall statue – BBC News
“A 29-year-old who stripped naked on top of a statue in central London, before breaking off its sword and biting it, has been jailed for 12 weeks.”
BBC News, 4th December 2012
Source: www.bbc.co.uk
‘Sexual predator’ Paul Taylor found guilty of 1979 murder of Sally McGrath – The Independent
“A man described as a ‘sexual predator’ has been found guilty of a 1979 murder and five attacks on other women.”
The Independent, 4th December 2012
Source: www.independent.co.uk
Jack Straw on judicial appointments: ‘Labour went too far’ – The Guardian
“Former lord chancellor admits reformed system does not allow talented women and ethnic minorities to be sought out.”
The Guardian, 4th December 2012
Source: www.guardian.co.uk
Crown court judge reprimanded for telling burglar he had ‘courage’ – The Guardian
“A crown court judge who said that burglars needed ‘a huge amount of courage’ has been formally reprimanded by the Office for Judicial Complaints.”
The Guardian, 4th December 2012
Source: www.guardian.co.uk
Consent given for change to royal succession rules – BBC New
“All Commonwealth realms have agreed to press ahead with a bill ending discrimination against women in the succession to the British throne.”
BBC News, 4th December 2012
Source: www.bbc.co.uk
Another reason to avoid the CAT – Emerson in the Court of Appeal – Competition Bulletin from Blackstone Chambers
“The famous Victorian cricketer WG Grace is reputed once to have offered the following advice:
‘When you win the toss – bat. If you are in doubt, think about it, then bat. If you have very big doubts, consult a colleague – then bat.’
The recent Emerson decision [2012] EWCA Civ 1559 is another illustration that bringing a follow on claim in the CAT rather than in the High Court is the law’s equivalent of choosing to bowl.”
Competition Bulletin from Blackstone Chambers, 4th December 2012
Source: www.competitionbulletin.com
‘Squatters are not home stealers’ – The Guardian
“On 26 September, Alex Haigh became the first person to be jailed under section 144 of the Legal Aid, Sentencing and Punishment of Offenders Act. His crime was one of which countless thousands of people could now be guilty: squatting. A 21-year-old from Plymouth, Haigh was arrested for living in a house in Pimlico that had been empty for over a year. He had come to London seeking work as a bricklayer; now he has a criminal record.”
The Guardian, 3rd December 2012
Source: www.guardian.co.uk
The inherent jurisdiction: where are we now? – Thirty Nine Essex Street
“That very significant vestiges of the High Court’s inherent jurisdiction to grant declaratory and injunctive relief have survived the implementation of the MCA 2005 is now clear. However, what is very much less clear is precisely: (1) how far the inherent jurisdiction has survived; and (2) how the High Court can or should exercise its powers under the inherent jurisdiction in respect of those who can only be afforded protection by way of its exercise. Cases decided since the beginning of the year have perhaps made the answers less rather than more clear, and this note seeks to draw together some of the threads, as much to provoke discussion as to offer solutions. It concludes with a brief discussion of the prospects for statutory reform in the area in the shape of the draft Care and Support Bill.”
Full story (PDF)
Thirty Nine Essex Street, December 2012
Source: www.39essex.com
