Second consultation paper – Ministry of Justice

Posted July 12th, 2012 in constitutional reform, consultations, human rights, news by sally

“The Commission on a UK Bill of Rights has today (11 July) published a second Consultation Paper.”

Full story

Ministry of Justice, 11th July 2012

Source: www.justice.gov.uk

Badger cull ruled legal – The Guardian

Posted July 12th, 2012 in animals, environmental protection, judicial review, news by sally

“The government’s controversial plan to allow the killing of thousands of badgers has been ruled legal by a high court judge. The Badger Trust had argued that neither science nor the law justified the cull.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

Draft legislation reforming the Children’s Commissioner’s role published – Family Law Week

Posted July 12th, 2012 in bills, children, news by sally

“Children’s Minister Sarah Teather has published draft clauses for forthcoming legislation to strengthen the role of the Office of the Children’s Commissioner. It follows an independent review of the role, which reported in December 2010.”

Full story

Family Law Week, 11th July 2012

Source: www.familylawweek.co.uk

In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry – WLR Daily

Posted July 12th, 2012 in disqualification, fraud, law reports, liquidators, winding up by sally

In re Asegaai Consultants Ltd and other companies; Wood and another v Mistry [2012] EWHC 1899 (Ch); [2012] WLR (D) 198

“The court would not exercise its discretion under section 4(1)(b) of the Company Directors Disqualification Act 1986 to make a disqualification order against a liquidator who had been guilty of any fraud in relation to the company or of any breach of his duty as such liquidator unless serious misconduct had been established. Where a liquidator applied pursuant to section 16(2) of the Act for a disqualification order under section 4 it was not a prerequisite that the liquidator should have a financial interest in the order being made.”

WLR Daily, 10th July 2012

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted July 12th, 2012 in parliamentary papers by sally

The Government response to the seventh report from the Scottish Affairs Committee session 2010-12, HC 1117, Cm 8361 (PDF)

Memorandum to the Environment, Food and Rural Affairs Select Committee: Post-Legislative Assessment of the Clean Neighbourhoods and Environment Act 2005, Cm 8394 (PDF)

Bereavement Benefit for the 21st Century, Cm 8371 (PDF)

Draft Care and Support Bill, Cm 8386 (PDF)

Caring for our future: reforming care and support, Cm 8378 (PDF)

Reforming the law for adult care and support, Cm 8379 (PDF)

Government response to the House of Commons Health Committee Report on Social Care, Cm 8380 (PDF)

Caring for our future: progress report on funding reform, Cm 8381 (PDF)

Source: www.official-documents.gov.uk

Second time lucky? Bill of Rights Commission consults… again – UK Human Rights Blog

Posted July 12th, 2012 in constitutional reform, consultations, human rights, news by sally

“Last year, the troubled Commission on a Bill of Rights consulted the public on whether the UK needed a new human rights instrument. Many, including me, commented that the consultation document was a little sparse on detail. In any event, the consultation closed in November 2011.”

Full story

UK Human Rights Blog, 11th July 2012

Source: www.ukhumanrightsblog.com

Lord Neuberger to be announced as supreme court president – The Guardian

Posted July 12th, 2012 in judges, news, Supreme Court by sally

“The master of the rolls, expected to succeed Lord Phillips as UK’s most senior judge, hides a razor-sharp intellect behind an easy-going manner.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 12th, 2012 in law reports by sally

Supreme Court

G Hamilton (Tullochgribban Mains) Ltd v The Highland Council & Anor[2012] UKSC 31 (11 July 2012)

ANS & Anor v ML [2012] UKSC 30 (11 July 2012)

Court of Appeal (Criminal Division)

BA, R v [2012] EWCA Crim 1529 (11 July 2012)

Court of Appeal (Civil Division)

Keay & Anor v Morris Homes (West Midlands) Ltd [2012] EWCA Civ 900 (11 July 2012)

Holmes & Anor v Evans & Anor [2012] EWCA Civ 941 (11 July 2012)

BA & Ors v Secretary of State for the Home Department [2012] EWCA Civ 944 (11 July 2012)

SS (Sri Lanka) v Secretary of State for the Home Department [2012] EWCA Civ 945 (11 July 2012)

Schofield v HM Revenue and Customs [2012] EWCA Civ 927 (11 July 2012)

Waite v Paccar Financial Plc [2012] EWCA civ 901 (10 July 2012)

High Court (Family Division)

W v H [2012] EWHC 1103 (Fam) (02 May 2012)

C, Re [2012] EWHC 907 (Fam) (22 March 2012)

High Court (Administrative Court)

Harrow Community Support Ltd v The Secretary of State for Defence [2012] EWHC 1921 (Admin) (10 July 2012)

Eventech Ltd v The Parking Adjudicator & Anor [2012] EWHC 1903 (Admin) (11 July 2012)

Waghorn v Care Quality Commission [2012] EWHC 1816 (Admin) (11 July 2012)

High Court (Commercial Court)

Taokas Navigation SA v Komrowski Bulk Shipping KG (GmbH & Co) & Ors [2012] EWHC 1888 (Comm) (11 July 2012)

High Court (Patents Court)

Generics [uk] Ltd (t/a Mylan) v Yeda Research and Development Co Ltd & Anor [2012] EWHC 1848 (Pat) (11 July 2012)

Source: www.bailii.org

Badger cull ruling due in high court – The Guardian

Posted July 12th, 2012 in animals, environmental protection, judicial review, news by sally

“The high court will rule on Thursday on whether farmers and landowners can legally cull thousands of badgers to tackle tuberculosis in cattle.”

Full story

The Guardian, 12th July 2012

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 12th, 2012 in legislation by sally

The Occupational and Personal Pension Schemes (Prescribed Bodies) Regulations 2012

The Whole of Government Accounts (Designation of Bodies) Order 2012

The Income Tax (Exemption of Minor Benefits) (Amendment) Regulations 2012

The Treaty of Lisbon (Changes in Terminology or Numbering) Order 2012

The Serious Organised Crime and Police Act 2005 (Designated Sites under Section 128) (Amendment) Order 2012

The Local Government Officers (Political Restrictions) (Amendment) (England) Regulations 2012

The Payment Services Regulations 2012

The INSPIRE (Amendment) Regulations 2012

The Merchant Shipping (Accident Reporting and Investigation) Regulations 2012

The Syria (Restrictive Measures) (Overseas Territories) Order 2012

The Iran (Restrictive Measures) (Overseas Territories) Order 2012

The Office of Qualifications and Examinations Regulation (Determination of Turnover for Monetary Penalties) Order 2012

Source: www.legislation.gov.uk

Views sought on Government’s ‘communications data’ surveillance plans – OUT-LAW.com

“A Parliamentary committee is seeking views on Government plans to expand existing laws on communications surveillance.”

Full story

OUT-LAW.com, 11th July 2012

Source: www.out-law.com

Justice for murdered rape victims: the DPP changes policy on rape counts left on file – Halsbury’s Law Exchange

Posted July 12th, 2012 in families, murder, news, rape, victims by sally

“Last week Kier Starmer QC, the Director of Public Prosecutions (DPP), announced that cases of rape linked to murder should be prosecuted rather than being left on file.”

Full story

Halsbury’s Law Exchange, 11th July 2012

Source: www.halsburyslawexchange.co.uk

“It’s make or break for the criminal bar”: interview with John Cooper QC – Head of Legal

Posted July 12th, 2012 in barristers, legal aid, podcasts, quality assurance by sally

“I spoke to John Cooper QC today at his chambers to ask him why he’s standing for Vice-Chair of the Criminal Bar Association, and why in his manifesto he raises the prospect of potential industrial action by barristers in response to government policies on criminal legal aid.”

Podcast

Head of Legal, 11th July 2012

Source: www.headoflegal.com

‘Human right to benefits’ could be included in law reform – Daily Telegraph

“Every Briton could have a guaranteed entitlement to welfare benefits in a ‘far-reaching’ expansion of human rights proposed by the body that was intended by David Cameron to rein in the law.”

Full story

Daily Telegraph, 11th July 2012

Source: www.telegraph.co.uk

Addison Lee taxi firm fails to overturn London bus lane ban – The Guardian

Posted July 11th, 2012 in competition, judicial review, news, road traffic, taxis, transport by tracey

“The Addison Lee taxi company is to take its battle to use London’s bus lanes to a higher court after it lost a judicial review of a ban on the tactic. The taxi firm, headed by millionaire Conservative party donor John Griffin, was hoping to overturn an April ruling in the high court that prevented its drivers from using bus lanes restricted to London buses and licensed black taxis.”

Full story

The Guardian, 11th July 2012

Source: www.guardian.co.uk

Four found guilty of forcing vulnerable men into servitude – The Guardian

Posted July 11th, 2012 in assault, forced labour, news, travellers by tracey

“Four members of Traveller family convicted of controlling, exploiting, verbally abusing and beating men for financial gain.”

Full story

The Guardian, 11th July 2012

Source: www.guardian.co.uk

London 2012: Missile tower block tenants drop legal bid – BBC News

Posted July 11th, 2012 in defence, injunctions, news, sport, terrorism, weapons by tracey

“Residents of a tower block in east London where surface-to-air missiles are being stationed for the Olympics have dropped their legal case.”

Full story

BBC News, 11th July 2012

Source: www.bbc.co.uk

Casey Kearney murder: Hannah Bonser found guilty – The Guardian

Posted July 11th, 2012 in diminished responsibility, mental health, murder, news, sentencing by tracey

“A woman with a history of mental health problems has been found guilty of murdering a 13-year-old girl in a park in a random and motiveless attack. Hannah Bonser, 26, stabbed Casey Kearney in an unprovoked attack in Elmfield Park, Doncaster, South Yorkshire, in February this year. She will be sentenced on Wednesday afternoon. Despite her mental health problems, a jury at Sheffield crown court rejected Bonser’s claim that she was guilty only of manslaughter due to diminished responsibility.”

Full story

The Guardian, 11th July 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 11th, 2012 in law reports by tracey

High Court (Administrative Court)

MK & Anor v Secretary of State for the Home Department & Anor [2012] EWHC 1896 (Admin) (10 July 2012)

High Court (Chancery Division)

Wood & Anor v Mistry [2012] EWHC 1899 (Ch) (10 July 2012)

BXL Services, Re [2012] EWHC 1877 (Ch) (10 July 2012)

 

JSC BTA Bank v Solodchenko & Ors [2012] EWHC 1891 (Ch) (10 July 2012)

 

Stevens v Hamed [2012] EWHC 1871 (Ch) (6 July 2012)

High Court (Queen’s Bench Division) Decisions

Platform Funding Ltd v Anderson & Associates Ltd [2012] EWHC 1853 (QB) (10 July 2012)

Hannon v Hillingdon Homes Ltd [2012] EWHC 1437 (QB) (09 July 2012)

Source: www.bailii.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 11th, 2012 in legislation by tracey

The Authorised Investment Funds (Tax) (Amendment) Regulations 2012

The Protection of Wrecks (Designation) (England) Order 2012

The International Recovery of Maintenance (Hague Convention 2007) (Rules of Court) Regulations 2012

The Video Recordings (Labelling) Regulations 2012

The Digital Economy Act 2010 (Appointed Day No.3) Order 2012

The Easton and Otley College (Government) Regulations 2012

The Digital Economy Act 2010 (Transitional Provision) Regulations 2012

The School Staffing (England) (Amendment) Regulations 2012

Source: www.legislation.gov.uk