Boy wins Birmingham Magistrates’ Court cell ruling – BBC News

Posted May 7th, 2013 in children, detention, learning difficulties, news, young offenders by sally

“Child protection rules were breached when a teenager with learning difficulties was held in a court cell for adults, the High Court has ruled.”

Full story

BBC News, 4th May 2013

Source: www.bbc.co.uk

Probation privatisation plan prompts fears over mentally ill offenders – The Guardian

Posted May 7th, 2013 in mental health, news, probation, release on licence by sally

“Government plans to allow private companies to run parts of the probation service, to be unveiled on Wednesday, have sparked concerns about the future supervision of offenders with serious mental health issues.”

Full story

The Guardian, 5th May 2013

Source: www.guardian.co.uk

Sex in prisons: Campaigners warn of culture of denial over sexual relationships between inmates as new commission publishes report – The Independent

Posted May 7th, 2013 in HIV, news, prisons, reports by sally

“The first Commission into Sex in Prisons has drawn attention to a rarely reported issue.”

Full story

The Independent, 6th May 2013

Source: www.independent.co.uk

Queen’s speech: consumer bill of rights to cover faulty apps or downloads – The Guardian

Posted May 7th, 2013 in bills, consumer protection, internet, news, parliament, speeches by sally

“Consumer rights covering products such as cars and white goods are to be extended to apps and music downloads in a consumer bill of rights to be unveiled in the Queen’s speech on Wednesday.”

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The Guardian, 6th May 2013

Source: www.guardian.co.uk

Roxie Jo-Anne Archer death: Man jailed for life for toddler murder – BBC News

Posted May 3rd, 2013 in children, murder, news, sentencing by sally

“A man has been jailed for life for beating a two-year-old girl to death while
her mother was in New York celebrating her 21st birthday.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

North Yorkshire PC Matthew Fisher jailed for sex assaults – BBC News

“A North Yorkshire police officer has been jailed for sexually assaulting two women while on duty.

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

Should parliament give itself more powers? – The Guardian

“Should parliament give itself more powers? That’s the intriguing question posed by a paper to be published next week by the Constitution Society, an educational charity established five years ago.”

Full story

The Guardian, 2nd May 2013

Source: www.guardian.co.uk

Met Police pay libel damages to riots ‘Good Samaritan’ – BBC News

Posted May 3rd, 2013 in complaints, damages, defamation, news, police, public order by sally

“The Metropolitan Police is to pay substantial damages to a man who was wrongly
pictured in ‘wanted’ posters following the London riots in 2011.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

‘Secret justice’ message from leading judges – BBC News

Posted May 3rd, 2013 in civil justice, contempt of court, judges, news, practice directions by sally

“Leading judges have issued a strongly-worded message against secret justice to
protect a ‘fundamental principle’ of the court system in England and Wales.”

Full story

BBC News, 3rd May 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 3rd, 2013 in law reports by sally

Court of Appeal (Civil Division)

HTC Europe Co Ltd v Apple Inc [2013] EWCA Civ 451 (03 May 2013)

Henley & Anor v Cohen [2013] EWCA Civ 480 (02 May 2013)

National Merchant Buying Society Ltd v Bellamy & Anor [2013] EWCA Civ 452 (02 May 2013)

Heron v TNT (UK) Ltd & Anor [2013] EWCA Civ 469 (02 May 2013)

Court of Appeal (Criminal Division)

AJR v R. [2013] EWCA Crim 591 (01 May 2013)

High Court (Administrative Court)

Belbin v Lille Court of First Instance, France [2013] EWHC 1099 (Admin) (02 May 2013)

Margate Town Centre Regeneration Company Ltd & Ors v Secretary of State for Communities and Local Government & Anor [2013] EWHC 973 (Admin) (02 May 2013)

FH (Iran), R (on the application of) v Secretary of State for the Home Department [2013] EWHC 1092 (Admin) (01 May 2013)

High Court (Queen’s Bench Division)

Collins v Secretary of State for Business Innovation and Skills [2013] EWHC 1117 (QB) (02 May 2013)

Source: www.bailii.org

Regina v Radjpaul – WLR Daily

Posted May 3rd, 2013 in appeals, harassment, insanity, law reports, reasons by sally

Regina v Radjpaul: [2013] EWCA Crim 591;   [2013] WLR (D)  160

“A special verdict of not guilty by reason of insanity was an acquittal for the purposes of imposing a restraining order upon a defendant, pursuant to section 5A of the Protection from Harassment Act 1997.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

JD Wetherspoon plc v Harris and others – WLR Daily

Posted May 3rd, 2013 in admissibility, evidence, law reports, summary judgments, witnesses by sally

JD Wetherspoon plc v Harris and others: [2013] EWHC 1088 (Ch);   [2013] WLR (D)  159

“It was not appropriate to apply for summary judgment after the exchange of witness statements in proceedings alleging fraud and dishonesty where the applications were based on a particular interpretation of facts and on the inferences to be drawn from established facts. Paragraphs in a witness statement containing a recitation of facts based on documents, commentary on those documents, argument, submissions and expressions of opinion, made by a witness who had had no prior involvement with the subject matter of the proceedings were abusive and should be struck out.”

WLR Daily, 1st May 2013

Source: www.iclr.co.uk

Coombs v North Dorset NHS Primary Care Trust and another – WLR Daily

Posted May 3rd, 2013 in appeals, costs, detention, hospitals, law reports, mental health by sally

Coombs v North Dorset NHS Primary Care Trust and another: [2013] EWCA Civ 471;   [2013] WLR (D)  158

“There was nothing inherent in the structure or wording of the Mental Health Act 1983 or the National Health Service Act 2006, and nothing by way of public policy, to exclude the possibility of a person detained under a provision of the 1983 Act from paying or contributing to the cost of his treatment or care.”

WLR Daily, 30th April 2013

Source: www.iclr.co.uk

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening) – WLR Daily

Regina (HC) v Secretary of State for the Home Department and another (Coram Children’s Legal Centre and another intervening): [2013] EWHC 982 (Admin);   [2013] WLR (D)  157

“It was contrary to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and consequently unlawful, for the Secretary of State for the Home Department to direct, as she had done through Code C of the Code of Practice under the Police and Criminal Evidence Act 1984 (‘PACE Code C’), that 17-year-olds might be treated as adults when in police detention.”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Attrill and others v Dresdner Kleinwort Ltd and another – WLR Daily

Posted May 3rd, 2013 in appeals, contract of employment, law reports, remuneration by sally

Attrill and others v Dresdner Kleinwort Ltd and another: [2013] EWCA Civ 394;   [2013] WLR (D)  156

“A unilateral promise to pay discretionary bonuses introduced into a pre-existing contractual relationship was legally binding.”

WLR Daily, 26th April 2013

Source: www.iclr.co.uk

Enterprise and Regulatory Reform Act 2013 – legislation.gov.uk

Full text of Act

Source: www.legislation.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 3rd, 2013 in legislation by sally

The General Osteopathic Council (Application for Registration and Fees) (Amendment) Rules Order of Council 2013

The Renewable Heat Incentive Scheme (Amendment) Regulations 2013

The Electricity (Exemption from the Requirement for a Generation Licence) (Baillie) Order 2013

Source: www.legislation.gov.uk

Barristers to have tools to compete with solicitors as BSB seeks approval for liberalisation – Legal Futures

“An end to the bans on self-employed barristers conducting litigation and sharing premises or forming associations with non-barristers is in sight as the Bar Standards Board (BSB) laid out the first stage of its major liberalisation programme.”

Full story

Legal Futures, 3rd May 2013

Source: www.legalfutures.co.uk

Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012 – Judiciary of England and Wales

Posted May 3rd, 2013 in children, families, family courts, international law, reports, treaties by sally

“Annual Report of the Office of the Head of International Family Justice for England and Wales: 2012.”

Full report

Judiciary of England and Wales, 1st May 2013

Source: www.judiciary.gov.uk

To fight or not to fight: pharmaceutical patent settlements – Competition Bulletin from Blackstone Chambers

Posted May 3rd, 2013 in agreements, competition, medicines, news, patents by sally

“On 19 April 2013, the OFT announced that it had issued a Statement of Objections following its investigation into patent litigation settlement agreements (PLSAs) in the pharmaceutical sector.”

Full story

Competition Bulletin from Blackstone Chambers, 3rd May 2013

Source: www.competitionbulletin.com