Regulation fees paid by claims management companies – Ministry of Justice
“This consultation invites views on the fees for applications for authorisation and annual fees for the regulation year 1 April 2014 to 31 March 2015 for claims management companies.”
Ministry of Justice, 15th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Clampdown on cautions for repeat offenders – Ministry of Justice
“Criminals should no longer be able to receive a second caution for the same, or similar, offence committed in a two year period Justice Secretary Chris Grayling said today.”
Ministry of Justice, 14th November 2013
Source: www.gov.uk/government/organisations/ministry-of-justice
Government response and progress update to Equality and Human Rights Commission report ‘Hidden in Plain Sight’ – Home Office
“In July 2012, the government published its response to the EHRC recommendations from its inquiry into disability related harassment. Our response set out our commitment to tackle disability related harassment and how we planned to take forward work to address the issues identified, including through ‘Challenge it, Report it, Stop it’, the government’s plan to tackle hate crime. This update provides an overview of the government’s specific achievements to address hate crime and disability-related harassment to date. Over the last year we have made significant progress in a number of areas to identify gaps and improve our response to disability equality, change negative attitudes and provide support for disabled people and disabled people’s organisations.”
Home Office, 14th November 2013
Source: www.gov.uk/home-office
Confidentiality of medical information after patient’s death: two new Upper Tribunal decisions – Panopticon
“The absolute exemption at section 41 extends to information obtained by the public authority the disclosure of which would give to an actionable breach of confidence. Does the obligation of confidence survive the death of the confider? If so, would a breach of that obligation be actionable, even if it is not clear exactly who could bring such an action? These issues arise most notably in the context of medical records. The Upper Tribunal has had something to say on this in two recent decisions.”
Panopticon, 14th November 2013
Source: www.panopticonblog.com
Restrictions placed on supply of drugs were not anti-competitive, rules Court of Appeal – OUT-LAW.com
“A pharmaceuticals company did not act in breach of UK competition rules when it placed restrictions on its supply of a drug to one of its customers, the Court of Appeal has ruled.”
OUT-LAW.com, 14th November 2013
Source: www.out-law.com
High Court allows eviction of fracking protestors, but council must find “appropriate” alternative space – OUT-LAW.com
“The High Court has granted a possession order to West Sussex County Council, allowing it to remove anti-fracking protestors from where they have camped alongside a busy main road.”
OUT-LAW.com, 14th November 2013
Source: www.out-law.com
Recent Statutory Instruments – legislation.gov.uk
The Housing (Right to Transfer from a Local Authority Landlord) (England) Regulations 2013
The Health and Social Care Act 2012 (Commencement No. 6) Order 2013
The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013
The Central Rating List (England) (Amendment) (No. 2) Regulations 2013
Source: www.legislation.gov.uk
Moss v The Queen – WLR Daily
Moss v The Queen: [2013] UKPC 32; [2013] WLR (D) 434
“A criminal court normally had a duty to give a convicted defendant the opportunity to make representations before sentence upon him was passed, however little there might appear to be available to be said on his behalf, and an omission to do so was a serious breach of procedural fairness. The Privy Council so held in allowing an appeal by the defendant, Dominique Moss, against a sentence of 25 years’ imprisonment imposed by the Court of Appeal of the Commonwealth of The Bahamas (Hall CJ, Ganpatsingh and Osadebay JJA) on 28 October 2004 when it had allowed his appeal against his conviction for murder on 6 April 2004 (Isaacs J and a jury) and substituted a conviction for manslaughter.”
WLR Daily, 13th November 2013
Source: www.iclr.co.uk
Federal Republic of Germany v Puid – WLR Daily
Federal Republic of Germany v Puid: Case C-4/11; [2013] WLR (D) 435
“Where member states could not be unaware that systemic deficiencies in the asylum procedure and in the conditions for the reception of asylum seekers existed in the member state initially identified as responsible for examining an asylum application, the member state which was determining the member state responsible was required not to transfer the asylum seeker to the initial member state and, subject to the exercise of the right itself to examine the application, to establish whether another member state could be identified as responsible in accordance with one of the criteria set out in Chapter III of Council Regulation (EC) No 343/2003.”
WLR Daily, 14th November 2013
Source: www.iclr.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Lemas & Anor v Williams [2013] EWCA Civ 1433 (14 November 2013)
Ansari v Knowles & Ors [2013] EWCA Civ 1448 (14 November 2013)
TFL Management Services Ltd v Lloyds Bank Plc [2013] EWCA Civ 1415 (14 November 2013)
Court of Appeal (Criminal Division)
Hollier & Anor, R. v [2013] EWCA Crim 2041 (14 November 2013)
High Court (Administrative Court)
Hayden, R (on the application of) v Kelly [2013] EWHC 3527 (Admin) (14 November 2013)
Hussein v The General Medical Council [2013] EWHC 3535 (Admin) (14 November 2013)
High Court (Chancery Division)
Bank St Petersburg & Anor v Savelyev & Anor [2013] EWHC 3529 (Ch) (14 November 2013)
High Court (Family Division)
K (A Child: Wardship: Publicity), Re (No 2) [2013 EWHC B21 (Fam) (08 November 2013)
Source: www.bailii.org
Scandal cancer trust placed in special measures – Daily Telegraph
“An inquest heard how a policewoman died at Colchester Hospital University NHS Foundation Trust, just hours after childbirth, after staff failed to replace lost blood, which triggered a cardiac arrest. The case of Diane Patt, 34, follows an inquest earlier this year into the death of a baby, whose skull was crushed by excessive use of forceps. Yesterday regulators placed the trust in special measures, after inspectors found that staff were put under pressure to falsify data, leaving some patients waiting months for urgent cancer treatment.”
Daily Telegraph, 14th December 2013
Source: www.telegraph.co.uk
Concern over mental health detentions by police in Wales – BBC News
“Calls have been made for a reduction in the number of people taken into police custody with mental health problems.”
BBC News, 15th November 2013
Source: www.bbc.co.uk
Man detained under Mental Health Act by Surrey police dies in hospital – The Guardian
“IPCC investigates Surrey force after man, 33, arrested in Stanwell on suspicion of drugs-related offence, dies.”
The Guardian, 14th November 2013
Source: www.guardian.co.uk
Teacher Zahid Akram jailed for child photo blackmail – BBC News
“A science teacher who blackmailed girls into sending him sexually explicit photos of themselves has been jailed for six years.”
BBC news, 14th November 2013
Source: www.bbc.co.uk
Minister faces legal challenge over Prince Philip Hospital shake-up – BBC News
“Health Minister Mark Drakeford faces a legal challenge over his decision to give the go-ahead to change the way urgent care is delivered at Llanelli’s Prince Philip Hospital.”
BBC News, 14th November 2013
Source: www.bc.co.uk
Lesbian couple ‘refused IVF’ take legal action – Daily Telegraph
“A lesbian couple who claim they were turned down for fertility treatment because of their sexuality are taking legal action against the NHS.”
Daily Telegraph, 14th November 2013
Source: www.telegraph.co.uk
