Regina v Austin (Herbert) – WLR Daily

Posted July 1st, 2013 in abuse of process, appeals, conspiracy, Crown, disclosure, evidence, judiciary, law reports, proceeds of crime, public interest immunity by sally

Regina v Austin (Herbert): [2013] EWCA Crim 1028;   [2013] WLR (D)  257

“It was the Crown’s responsibility to carry out the duties of disclosure. Judicial involvement could only properly be triggered by an application under the Criminal Procedure and Investigations Act 1996 by the prosecutor or by the defence. There was no provision for a trial judge to superintend the decisions of disclosure made by the prosecution on his own motion by inspecting unused material himself.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker – WLR Daily

Posted July 1st, 2013 in EC law, interpretation, law reports, trade marks by sally

Malaysia Dairy Industries Pte Ltd v Ankenævnet for Patenter og Varemærker: (Case C-320/12); [2013] WLR (D) 258

“The concept of ‘bad faith’ within article 4(4)(g) of Parliament and Council Directive 2008/95/EC of 22 October 2008 (to approximate the laws of the member states relating to trade marks) was an autonomous concept of European Union law which had to be given a uniform interpretation within the Union. The fact that the applicant for a trade mark registration knew or should have known that a third party was using a mark abroad at the time of filing his application, which was liable to be confused with his mark, was not sufficient, in itself, to permit the conclusion that the applicant was acting in bad faith. Member states were not permitted to introduce a system of specific protection of foreign marks which differed from the system established by article 4(4)(g) and which was based on the fact that the person making the application for registration of a mark knew or should have known of a foreign mark.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

 

Regina v McNally – WLR Daily

Posted July 1st, 2013 in appeals, consent, law reports, rape, sexual offences, young offenders by sally

Regina v McNally: [2013] EWCA Crim 1051;   [2013] WLR (D)  256

“Consent to sexual penetration could be vitiated by a deception by the defendant as to gender because vitiating deceptions were not limited to deceptions relating to features of the offence.”

WLR Daily, 27th June 2013

Source: www.iclr.co.uk

RM (Zimbabwe) v Secretary of State for the Home Department – WLR Daily

Posted July 1st, 2013 in EC law, families, freedom of movement, law reports, married persons, retirement by sally

RM (Zimbabwe) v Secretary of State for the Home Department: [2013] EWCA Civ 775;   [2013] WLR (D)  259

“On a true construction of article 17(3) of Parliament and Council Directive 2004/38/EC, the Zimbabwean widow of a Spanish national had acquired the right of permanent residence in the United Kingdom on the ground that her late husband had, before the date of their marriage, ‘acquired himself the right of permanent residence … on the basis of paragraph 1’ of article 17, viz having retired from work due to permanent incapacity. It was not a requirement that a family member seeking to rely on such a right had to be a family member prior to, or as at the date of, the European Union member’s own acquisition of permanent residence on which reliance was now placed.”

WLR Daily, 28th June 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 1st, 2013 in legislation by sally

The Licensing Act 2003 (Descriptions of Entertainment) (Amendment) Order 2013

The Property Misdescriptions Act 1991 (Repeal) Order 2013

The Children, Schools and Families Act 2010 (Commencement No. 4) Order 2013

The Education (Designated Institutions) (England) Order 2013

The Civil Procedure (Amendment No. 5) Rules 2013

The Electricity Generating Stations (Variation of Consents) (England and Wales) Regulations 2013

The Fixed Penalty (Amendment) Order 2013

The Football Spectators (Seating) Order 2013

The Superannuation (Specification of Employments and Offices) Regulations 2013

Source: www.legislation.gov.uk

Immigration Rule changes – UK Border Agency

Posted July 1st, 2013 in documents, families, immigration, legal education, press releases, time limits by sally

“As previously announced a number of minor changes to the Immigration Rules come into effect today, Monday 1 July 2013.”

Full press release

Uk Border Agency, 30th June 2013

Soruce: www.ukba.homeoffice.gov.uk

Man jailed over passport fraud – Home Office

Posted July 1st, 2013 in Afghanistan, fraud, immigration, money laundering, passports, press releases, sentencing by sally

“A man who attempted to help illegal immigrants get into the UK with British passports has been jailed for nearly four years.”

Full story

Home Office, 28th June 2013

Source: www.gov.uk/home-office

Anthony Still convicted of blackmailing businessman – Crown Prosecution Service

Posted July 1st, 2013 in anonymity, blackmail, police, press releases, sentencing, victims by sally

“Anthony Still has been convicted at Chelmsford Crown Court of blackmailing a businessman who paid him £600,000 to stop him revealing details about a secret affair. The businessman, known in court as ‘Barnaby’, decided he could no longer go on paying and went to the police last year. Still was jailed for 11 years.”

Full press release

Crown Prosecution Service, 28th June 2013

Source: www.cps.gov.uk

Father and Son Haulage Firm Owners Sentenced for Manslaughter of driver – Crown Prosecution Service

Posted July 1st, 2013 in duty of care, health & safety, homicide, negligence, press releases, sentencing, tax evasion by sally

“A father and son have today (Friday 28 June) been sentenced to a total of 11 years in prison at St. Albans Crown Court after being found guilty of the manslaughter – on the basis of gross negligence – of Stephen Kenyon, a driver employed at their haulage firm.”

Full press release

Crown Prosecution Service, 28th June 2013

Source: www.cps.gov.uk

The mechanics of Deferred Prosecution Agreements in the UK – Speech by Oliver Heald QC MP

Posted July 1st, 2013 in bills, consultations, corruption, courts, deferred prosecution agreements, prosecutions, speeches by sally

“Speech to the C5 7th Advanced Forum on Anti Corruption on the role of prosecutors and the court.”

Full speech

Attorney-Geberal’s Office, 28th June 2013

Source: www.gov.uk/ago

RIPA: hacked voicemails and undercover officers – Panopticon

Posted July 1st, 2013 in appeals, conspiracy, human rights, interception, investigatory powers, jurisdiction, media, news, police, privacy, telecommunications by sally

“The Regulation of Investigatory Powers Act 2000 (RIPA) has featured prominently in the news in recent weeks, both as regards undercover police officers/’covert human intelligence sources’ and as regards the phone-hacking scandal.”

Full story

Panopticon, 28th June 2013

Source: www.panopticonblog.com

Bar gets into shape for ABSs – Law Society’s Gazette

Posted July 1st, 2013 in alternative business structures, barristers, legal services, licensing, news, Solicitors Regulation Authority by sally

“The Bar Standards Board is simplifying criteria for approving new business entities, ahead of an application to become a licensing authority for alternative business structures.”

Full story

Law Soceity’s Gazette, 28th June 2013

Source: www.lawgazette.co.uk

Ofcom to investigate BT for over-charging Anytime customers – The Guardian

Posted July 1st, 2013 in consumer protection, news, ombudsmen, telecommunications by sally

“BT has been accused of over-charging its customers – possibly by millions of pounds – after adding an extra 1p to the cost of calls to mobiles for some customers on its most popular package.”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk

Five guilty of painter’s murder in Holloway estate – BBC News

Posted July 1st, 2013 in conspiracy, gangs, grievous bodily harm, murder, news, sentencing by sally

“Five gang members, including a 15-year-old boy, have been jailed for murdering a painter and decorator in London.”

Full story

BBC News, 28th June 2013

Source: www.bbc.co.uk

Mid Wales MP wants 19th Century child neglect law changes – BBC News

Posted July 1st, 2013 in bills, child neglect, legislation, mental health, news, psychiatric damage by sally

“A mid Wales MP is bidding to change child neglect laws that date back to the 19th Century, which he claims are now ‘nonsense’. Ceredigion MP Mark Williams wants criminal legislation based on 1868 poor laws to be updated to include emotional and psychological abuse.”

Full story

BBC News, 30th June 2013

Source: www.bbc.co.uk

Courtroom treatment of vulnerable victims faces review – The Guardian

Posted July 1st, 2013 in barristers, child abuse, cross-examination, evidence, news, sexual offences, trials, victims by sally

“An investigation is being launched into aggressive courtroom cross-examination of vulnerable victims in the wake of high-profile child sex abuse cases, Damian Green has confirmed. The justice minister said work would be carried out over the summer to find ways to curb hostile practices after a growing number of cases in which witnesses were left ‘deeply traumatised.'”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk

Calls for police ethics crackdown and positive discrimination in recruitment – The Guardian

Posted July 1st, 2013 in codes of practice, diversity, equality, fines, inquiries, news, penalties, police, remuneration by sally

“An investigation by the home affairs select committee into the standards of police leadership in England and Wales, after a series of scandals involving the most senior officers, found a patchwork of training, standards and accountability countrywide.”

Full story

The Guardian, 1st July 2013

Source: www.guardian.co.uk

EU referendum law hits trouble – Daily Telegraph

Posted July 1st, 2013 in bills, EC law, news, referendums by sally

“An official House of Commons analysis says a series of further Parliamentary votes will be required in 2016 to enshrine a future referendum in law. It warns that the legislation being debated in Parliament this week – if passed – could have little legal relevance as it could be ignored by a future government.”

Full story

Daily Telegraph, 1st July 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Sex offence claims rise in wake of Savile scandal – Daily Telegraph

Posted July 1st, 2013 in child abuse, cross-examination, news, police, sexual offences, statistics, victims by sally

“Reports of sex offences overall, both historic and current, has also increased, with one police force seeing allegations almost double since last October, when the Savile affair first emerged.”

Full story

Daily Telegraph, 1st July 2013

Source: www.telegraph.co.uk

The Daily Telegraph have recently introduced a limited paywall. Users will be permitted to view 20 Daily Telegraph articles per month for free, after which they will need to pay a subscription fee to access content.

Banks obliged to cancel recurring payments – The Guardian

Posted June 28th, 2013 in banking, compensation, complaints, consumer protection, financial regulation, news by sally

“Banks will be required to cancel continuous payments often used by gyms and payday lenders when asked to do so by customers, following an investigation by the Financial Conduct Authority (FCA).”

Full story

The Guardian, 28th June 2013

Source: www.guardian.co.uk