Chris Grayling: Simple cautions for serious offences to be scrapped – Ministry of Justice
“Criminals who commit serious offences will no longer receive just a ‘slap on the wrist’ Secretary of State for Justice Chris Grayling announced today in a radical overhaul of ‘simple’ cautions.”
Ministry of Justice, 30th September 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Nurse who used Facebook to blow the whistle about poor care escapes being struck off – The Guardian
“A nurse who used Facebook to raise concerns about standards at his hospital has escaped being struck off after a disciplinary panel acknowledged he was passionate about his job and capable.”
The Guardian, 1st October 2013
Source: www.guardian.co.uk
NHS £400k payout for pregnant woman’s death – Daily Telegraph
“The family of a woman who died from an ectopic pregnancy after she was twice sent home from hospital is to receive £400,000 damages from the NHS.”
Daily Telegraph, 1st October 2013
Source: www.telegraph.co.uk
Retiring magistrate warns of ‘dismay’ over soft justice – Daily Telegraph
“A magistrate who has retired after 25 years on the bench expressed his ‘dismay’ at the way courts have pandered towards rehabilitating criminals rather than punishing them.”
Daily Telegraph, 1st October 2013
Source: www.telegraph.co.uk
Owner of four dogs that killed Jade Lomas-Anderson admits cruelty – The Guardian
“Beverley Concannon faces jail after admitting animal welfare offence following dog attack on teenager in Wigan.”
The Guardian, 1st October 2013
Source: www.guardian.co.uk
EVENT: Bar Standards Board – Q&A on the Quality Assurance Scheme for Advocates (QASA)
“Soon, anyone undertaking criminal advocacy will have to be registered under the Quality Assurance Scheme for Advocates (QASA).
The Scheme will systematically assess and assure the quality of criminal advocacy in the courts in England and Wales. It will ensure that the performance of all advocates is measured against the same set of standards, regardless of an advocate’s previous education and training. It will apply to all advocates, whether they are self-employed or employed, and whether they are acting for the prosecution or defence.
This live Q&A session will provide you with an opportunity to put your questions to a panel of QASA experts.”
Date: 1st October 2013, 6.00pm
Location: Online event
Charge: Free
More information can be found here.
Recent Statutory Instruments – legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Dhall v R [2013] EWCA Crim 1610 (27 September 2013)
Farooqi & Ors, R. v [2013] EWCA Crim 1649 (30 September 2013)
High Court (Chancery Division)
Smailes & Anor v McNally & Ors [2013] EWHC 2882 (Ch) (27 September 2013)
Ipcom GmbH & Co Kg v HTC Europe Co Ltd & Ors [2013] EWHC 2880 (Ch) (26 September 2013)
Nomura International Plc, Re [2013] EWHC 2789 (Ch) (06 September 2013)
High Court (Administrative Court)
High Court (Patents Court)
Nestec S.A. & Ors v Dualit Ltd & Ors [2013] EWHC 2737 (Pat) (05 September 2013)
Source: www.bailii.org
Salzgitter Mannesmann Handel GmbH v SC Laminorul SA – WLR Daily
Salzgitter Mannesmann Handel GmbH v SC Laminorul SA (Case C-157/12); [2013] WLR (D) 362
“Article 34(4) 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 (OJ 2001 L12, p 1) was of no application to irreconcilable judgments given by courts of the same member states.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
Binns and another v Firstplus Financial Group plc – WLR Daily
Binns and another v Firstplus Financial Group plc [2013] EWHC 2436 (QB); [2013] WLR (D) 361
“Where a claimant had obtained an award pursuant to alternative dispute resolution (‘ADR’) and subsequently brought a civil claim where the only potential advantage in bringing that litigation was the possibility of an additional award in respect of legal costs, the claim was to be struck out under CPR r 3.4(2).”
WLR Daily, 24th July 2013
Source: www.iclr.co.uk
Dansk Jurist-og Økonomforbund (acting on behalf of Toftgaard) v Indenrigs-og Sundhedsministeriet (Centralorganisationernes Fællesudvalg and others intervening) – WLR Daily
“Article 6(2) of Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment applied only to retirement or invalidity benefits under an occupational social security scheme.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
HK Danmark (acting on behalf of Kristensen) v Experian A/S (Beskæftigelsesministeriet intervening) – WLR Daily
“The principle of non-discrimination on grounds of age, enshrined in article 21 of the Charter of Fundamental Rights of the European Union and given specific expression by Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, and, in particular, articles 2 and 6(1) of that Directive, did not preclude an occupational pension scheme under which an employer paid, as part of pay, pension contributions which increased with age, provided that the difference in treatment on grounds of age that arose therefrom was appropriate and necessary to achieve a legitimate aim.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
Proceedings concerning Texdata Software GmbH – WLR Daily
Proceedings concerning Texdata Software GmbH (Case C-418/11); [2013] WLR (D) 358
“National legislation prescribing the immediate imposition of a periodic penalty upon a branch of a capital company governed by the laws of another member state in consequence of the failure of that branch, within the statutory nine-month period, to disclose to the authorities of the member state concerned the documents and particulars required by articles 1 and 2 of the Eleventh Council Directive 89/666/EEC of 21 December 1989 concerning disclosure requirements in respect of branches opened in a member state by certain types of company governed by the law of another member state (OJ 1989 L395, p 36) without prior notice and without the company first having been given an opportunity to state its views on the alleged breach was not precluded by European law, provided that the domestic courts were satisfied that the system of penalties was effective, proportionate and dissuasive.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
United Kingdom v Council of the European Union – WLR Daily
United Kingdom v Council of the European Union (Case C-431/11); [2013] WLR (D) 357
“By adopting Council Decision 2011/407/EU, on the position to be taken by the European Union within the EEA Joint Committee concerning an amendment to Annex VI (social security) and Protocol 37 to the EEA Agreement, the Council of the European Union had ensured that free movement of persons was exercisable within the EEA under the same social conditions as within the Union, thereby supporting the development of the association established by the EEA Agreement between the European Union and the EFTA states and the realisation of the objectives pursued by the Agreement.”
WLR Daily, 26th September 2013
Source: www.iclr.co.uk
