Coroners inquest enough to satisfy Article 2 in mental health suicide case – UK Human Rights Blog

Posted October 22nd, 2013 in human rights, inquests, mental health, news, suicide by sally

“R (Antoniou) v (1) Central and North West London NHS Foundation Trust; (2) Secretary of State for Health; (3) NHS England [2013] EWHC 3055 (Admin).Where a patient, detained in hospital under Section 3 of the Mental Health Act 1983, takes their own life, Article 2 imposes procedural obligations on the State to investigate the circumstances of the death. These obligations are fulfilled by a coroner’s inquest. Unlike in prison and police station deaths, there need not be any independent investigation system prior to the inquest stage, and nor does Article 2 require one.”

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UK Human Rights Blog, 22nd October 2013

Source: www.ukhumanrightsblog.com

Penalties, PECR and PPI – Panopticon

Posted October 22nd, 2013 in appeals, data protection, EC law, insurance, news, penalties, telecommunications, tribunals by sally

“Niebel v Information Commissioner is the first Tribunal decision about penalties under the Privacy and Electronic Communications (EC Directive) Regulations 2003 (‘PECR’). Mr.Niebel successfully appealed against a penalty of £300,000.”

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Panopticon, 22nd October 2013

Source: www.panopticonblog.com

Pension liberation schemes were “occupational”, High Court rules, as HMRC tightens procedures – OUT-LAW.com

Posted October 22nd, 2013 in HM Revenue & Customs, news, pensions by sally

“A number of pension schemes which allowed members to access their savings before the minimum retirement age should be classed as ‘occupational’ schemes, the High Court has ruled.”

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OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

Meaning of personal data should not be derived solely from Durant case, says High Court judge – OUT-LAW.com

Posted October 22nd, 2013 in data protection, EC law, judgments, news by sally

“UK organisations looking to understand whether information they hold constitutes ‘personal data’ must not look solely at how the term was interpreted by the Court of Appeal in 2003, a High Court judge has ruled.”

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OUT-LAW.com, 22nd October 2013

Source: www.out-law.com

A Rough Guide to the Civil Appeal System in England and Wales – Garden Court Chambers Blog

Posted October 22nd, 2013 in appeals, civil justice, courts, judicial review, news, Supreme Court, tribunals by sally

“As part of a recent EU project, Marc Willers has produced this rough guide to the Civil Appeal System in England and Wales.”

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Garden Court Chambers Blog, 22nd October 2013

Source: www.gclaw.wordpress.com

Recent Statutory Instruments – legislation.gov.uk

Posted October 22nd, 2013 in legislation by sally

The Plant Health (Forestry) (Amendment) (England and Scotland) Order 2013

The Personal Independence Payment (Transitional Provisions) (Amendment) (No. 2) Regulations 2013

The Plant Health (England) (Amendment) (No.3) Order 2013

The Mid Staffordshire NHS Foundation Trust (Trust Special Administrators Extension of Time)(No. 2) Order 2013

The Providers of Social Work Services (England) Regulations 2013

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) Regulations 2013

The Children and Young Persons Act 2008 (Commencement No. 5) (England) Order 2013

The Civil Enforcement of Parking Contraventions Designation Order 2013

The Transport for Greater Manchester (Light Rapid Transit System) (Second City Crossing) Order 2013

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Codes A, B, C, E, F and H) Order 2013

The National Health Service (Licence Exemptions, etc.) Regulations 2013

Source: www.legislation.gov.uk

Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another – WLR Daily

Posted October 22nd, 2013 in appeals, declarations of incompatibility, elections, human rights, law reports, prisons, Supreme Court by sally

Regina (Chester) v Secretary of State for Justice and another; McGeoch v Lord President of the Council and another: [2013] UKSC 63;   [2013] WLR (D)  392

“The statutory blanket ban on convicted prisoners voting was incompatible with article 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. However, where a declaration of incompatibility had already been made in other proceedings and the matter was under active consideration by Parliament, a further declaration of incompatibility, being a discretionary remedy, was not appropriate.”

WLR Daily, 16th October 2013

Source: www.iclr.co.uk

Schwarz v Stadt Bochum – WLR Daily

Posted October 22nd, 2013 in EC law, fingerprints, law reports, news, passports, proportionality by sally

Schwarz v Stadt Bochum: (Case C‑291/12);   [2013] WLR (D)  386

“Article 1(2) of Council Regulation (EC) No 2252/2004 of 13 December 2004 on standards for security features and biometrics in passports and travel documents issued by member states, as amended, which obliged national authorities to take fingerprints of persons applying for passports, was validly adopted and was proportionate to the aim of protecting against the fraudulent use of passports.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

Emrek v Sabranovic – WLR Daily

Posted October 22nd, 2013 in conflict of laws, consumer protection, EC law, foreign jurisdictions, law reports, sale of goods by sally

Emrek v Sabranovic: (Case C-218/12);   [2013] WLR (D)  390

“Article 15(1)(c) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters did not require the existence of a causal link between the means employed to direct the commercial or professional activity to the member state of the consumer’s domicile. However, the existence of such a causal link constituted evidence of the connection between the contract and such activity.”

WLR Daily, 17th October 2013

Source: www.iclr.co.uk

Mittal v Mittal – WLR Daily

Posted October 22nd, 2013 in appeals, conflict of laws, divorce, foreign jurisdictions, law reports, stay of proceedings by sally

Mittal v Mittal: [2013] EWCA Civ ;   [2013] WLR (D)  391

“Paragraph 9 of Schedule 1 to the Domicile and Matrimonial Proceedings Act 1973 gave the courts of England and Wales jurisdiction to stay matrimonial proceedings in favour of competing prior proceedings in a non-member state.”

WLR Daily, 18th October 2013

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2013 in law reports by sally

Court of Appeal (Civil Division)

Mittal v Mittal [2013] EWCA Civ 1255 (18 October 2013)

Sarjantson v Humberside Police [2013] EWCA Civ 1252 (18 October 2013)

C (A Child) [2013] EWCA Civ 1257 (18 October 2013)

High Court (Administrative Court)

Gleeson Developments Ltd., R (on the application of) v Secretary of State for Communities and Local Government & Anor [2013] EWHC 3166 (Admin) (21 October 2013)

SA v London Borough of Camden & Ors [2013] EWHC 3152 (Admin) (18 October 2013)

The Plantagenet Alliance Ltd, R (on the application of) v Secretary of State for Justice (Rev 1) [2013] EWHC 3164 (Admin) (18 October 2013)

Muhammad & Ors, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 3157 (Admin) (17 October 2013)

High Court (Chancery Division)

PI Consulting (Trustee Services) Ltd v The Pensions Regulator & Ors [2013] EWHC 3181 (Ch) (21 October 2013)

Bentine v Bentine [2013] EWHC 3098 (Ch) (17 October 2013)

High Court (Commercial Court)

Madoff Securities International Ltd v Raven & Ors [2013] EWHC 3147 (Comm) (18 October 2013)

The London Steam Ship Owners Mutual Insurance Association Ltd v The Kingdom of Spain [2013] EWHC 2840 (Comm) (17 October 2013)

High Court (Queen’s Bench Division)

Davison v Leitch [2013] EWHC 3092 (QB) (18 October 2013)

High Court (Technology and Construction Court)

Glendalough Associated SA v Harris Calnan Construction Co Ltd [2013] EWHC 3142 (TCC) (21 October 2013)

Arroyo & Ors v Equion Energia Ltd [2013] EWHC 3173 (TCC) (18 October 2013)

Arroyo & Ors v Equion Energia Ltd [2013] EWHC 3150 (TCC) (18 October 2013)

Co-Operative Group Ltd v Birse Developments Ltd [2013] EWHC 3145 (TCC) (17 October 2013)

Source: www.bailii.org

 

Regulators reject plans for a legal education training council – Law Society’s Gazette

Posted October 22nd, 2013 in legal education, news, Solicitors Regulation Authority by sally

“Regulators have rejected plans for a legal education council as a ‘distracting talking shop’. The council was proposed in the report of the Legal Education and Training Review in June.”

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Law Society’s Gazette, 21st October 2013

Source: www.lawgazette.co.uk

Alcohol Testing – What are the options? – Family Law Week

Posted October 22nd, 2013 in alcohol abuse, evidence, news by sally

“Julie Stather, barrister, of 42 Bedford Row and Farooq Ahmed, barrister, of 7 Bedford Row consider the advantages and disadvantages of the various methods available for alcohol testing.”

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Family Law Week, 20th October 2013

Source: www.familylawweek.co.uk

Dentist who submitted claims for dead patients struck off – Daily Telegraph

Posted October 22nd, 2013 in dentists, disqualification, fraud, news, perverting the course of justice, professional conduct, sentencing by sally

“A dentist jailed for conning the NHS out of more than £1.3 million to fund her ‘globe trotting’ lifestyle and taste for designer shoes has been struck off by the dental regulator.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Unison to challenge employment tribunal fees in High Court – Daily Telegraph

Posted October 22nd, 2013 in employment tribunals, fees, human rights, news, trade unions, tribunals by sally

“The union is bringing a legal challenge over the introduction of fees for employment tribunals to the High Court tomorrow.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Devout beekeepers win right to refuse switchover to online VAT returns – The Independent

Posted October 22nd, 2013 in documents, internet, news, religious discrimination, taxation, tribunals, VAT by sally

“Two devoutly religious beekeepers who reject modern technology have won the right not to fill in their VAT returns online after claiming it breached their human rights.”

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The Independent, 21st October 2013

Source: www.independent.co.uk

Triple killer escapes whole life tariff because of European ruling – Daily Telegraph

Posted October 22nd, 2013 in human rights, murder, news, sentencing by sally

“A triple killer, who slashed a pensioner’s throat when he tried to stop him robbing a neighbour, has avoided a whole life prison sentence after the judge said such a punishment was illegal under European law.”

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Daily Telegraph, 21st October 2013

Source: www.telegraph.co.uk

Government urges court to reject Libya rendition case – BBC News

Posted October 22nd, 2013 in intelligence services, ministers' powers and duties, news, rendition by sally

“The UK government is trying to prevent a former Libyan dissident and his wife seeking damages over its alleged role in their rendition to Tripoli in 2004.”

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BBC News, 21st October 2013

Source: www.bbc.co.uk

‘Owning a £2m apartment doesn’t mean I’m rich…’: Court dismisses banker’s claim that he cannot afford to pay ex-wife’s legal fees – The Independent

Posted October 22nd, 2013 in appeals, costs, divorce, news by sally

“The spending power of former City trader, Yan Assoun, 43, was described by a family judge three months ago as ‘beyond the wildest dreams’ of his estranged wife. But with his bitter divorce battle now in the Appeal Court, he insisted: ‘I don’t have any money’.”

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The Independent, 22nd October 2013

Source: www.independent.co.uk

Ministry fined after Cardiff prisoner details emailed to families – BBC News

Posted October 22nd, 2013 in data protection, fines, government departments, news, prisons by sally

“The Ministry of Justice has been fined £140,000 after the details of more than 1,000 inmates at Cardiff prison were emailed to three prisoners’ families.”

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BBC News, 22nd October 2013

Source: www.bbc.co.uk