Toughening up prisoner privileges – Ministry of Justice

Posted May 1st, 2013 in news, prisons, rehabilitation by sally

“Significant reforms are being made to toughen up the Incentives and Earned Privileges (IEP) scheme in male adult prisons throughout England and Wales.”

Full story

Ministry of Justice, 30th April 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Ban on images of Jon Venables and Robert Thompson – Attorney General’s Office

Posted May 1st, 2013 in anonymity, injunctions, news, photography, suspended sentences by sally

“Before Jon Venables and Robert Thompson were released from custody, a court ruled that their identities should remain secret. The court granted an injunction which prevents the media or individuals from publishing images which claim to be of Venables and Thompson (whether or not it is them). The injunction is worldwide and applies equally to the internet, social media and mainstream media.”

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Attorney General’s Office, 30th April 2013

Source: www.gov.uk/ago

Photographers’ anger at law change over ‘orphan works’ – BBC News

Posted May 1st, 2013 in copyright, internet, news, photography by sally

“Photography groups have reacted angrily to new legislation passed in Parliament over the use of copyrighted material when the owner cannot be contacted.”

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BBC News, 29th April 2013

Source: www.bbc.co.uk

Overseas child abductions on the rise – The Guardian

“Cross-border legal disputes involving child abduction and custody rows have more than doubled in the past two years, according to the judicial office specialising in international family cases.”

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The Guardian, 1st May 2013

Source: www.guardian.co.uk

Exeter lawyer’s anti-legal aid tendering petition signed by 24,000 – BBC News

Posted May 1st, 2013 in competition, criminal justice, fees, legal aid, news, tenders by sally

“A petition against proposed changes to criminal legal aid set up by an Exeter-based solicitor has attracted more than 24,000 signatures.”

Full story

BBC News, 30th April 2013

Source: www.bbc.co.uk

No duty to consult employees unaffected by a TUPE transfer, says EAT – OUT-LAW.com

Posted May 1st, 2013 in employment tribunals, news, transfer of undertakings by sally

“There is no requirement for employers to consult with employees working in a part of the business that will not be transferred to a new owner under TUPE laws, the Employment Appeal Tribunal (EAT) has ruled.”

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OUT-LAW.com, 30th April 2013

Source: www.out-law.com

Article 8 and enhanced criminal record certificates –

Posted May 1st, 2013 in criminal records, disclosure, human rights, news, police, teachers by sally

“There have been a number of Panopticon posts about the lawfulness of disclosures in enhanced criminal record certificates. The latest decision is that of Mr Justice Stuart-Smith in R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin).”

Full story

Panopticon, 30th April 2013

Source: www.panopticonblog.com

‘Drunk and jealous’ woman found guilty of family fire murders – The Independent

Posted May 1st, 2013 in arson, murder, news, sentencing by sally

“A ‘drunk and jealous’ woman has been found guilty of murdering five members of the same family, including three young children, in a blaze following a row about a pram.”

Full story

The Independent, 30th April 2013

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted April 30th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Astrazeneca AB v Hexal AG & Ors [2013] EWCA Civ 454 (30 April 2013)

The Royal Bank of Scotland Plc v Highland Financial Partners LP & Ors [2013] EWCA Civ 472 (30 April 2013)

Williams v Williams (The Estate of) [2013] EWCA Civ 455 (30 April 2013)

Carter & Anor v Lifeplan Products Ltd [2013] EWCA Civ 453 (29 April 2013)

Devon CC v TR [2013] EWCA Civ 418 (30 April 2013)

High Court (Administrative Court)

Nash, R (on the application of) v Capita Plc & Ors [2013] EWHC 1067 (Admin) (29 April 2013)

High Court (Chancery Division)

Di Marco v Morshead Mansions Ltd [2013] EWHC 1068 (Ch) (30 April 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 30th, 2013 in legislation by sally

The Nitrate Pollution Prevention (Amendment) and Water Resources (Control of Pollution) (Silage, Slurry and Agricultural Fuel Oil) (England) (Amendment) Regulations 2013

The Mobile Homes (Selling and Gifting) (England) Regulations 2013

The Apprenticeships, Skills, Children and Learning Act 2009 (Commencement No. 6) Order 2013

Source: www.legislation.gov.uk

Tour Report #21: Podcast with Michael Turner QC, Chairman of The Criminal Bar Association, on the legal aid reforms – Charon QC

Posted April 30th, 2013 in barristers, judiciary, law firms, legal aid, legal profession, news by sally

“Michael Turner QC has robust views on the proposed reforms which will have a considerable impact on access to justice, the profession, the public and have a devastating effect on the very cornerstone of our democracy.”

Podcast

Charon QC, 30th April 2013

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Regulatory dilemmas – NearlyLegal

Posted April 30th, 2013 in consultations, housing, news, regulations by sally

“The Regulatory Committee of the HCA has published Protecting Social Housing Assets in a More Diverse Sector, which is styled as a discussion paper, but which also contains some thought-provoking questions about how regulation can and should work in a much diversified, increasingly risky and entrepreneurial social housing domain. We are working in an environment which is almost unrecognisable from what it was in the 1990s and perhaps even just a few years ago. This creates regulatory dilemmas about how best to protect assets in the most proportionate manner (a familiar dilemma, and one which does not seem to have been particularly affected by the financial crash, one might think).”

Full story

NearlyLegal, 30th April 2013

Source: www.nearlylegal.co.uk

Dappy loses appeal against conviction – The Guardian

Posted April 30th, 2013 in affray, appeals, assault, news by sally

“N-Dubz rapper Dappy, who was found guilty of assault and affray, has lost a challenge against his conviction.”

Full story

The Guardian, 30th April 2013

Source: www.guardian.co.uk

Michelle Mills jailed for Edward Miller’s murder in Scalford – BBC News

Posted April 30th, 2013 in domestic violence, murder, news, sentencing by sally

“A mother-of-two who portrayed herself as a ‘fearful victim’ of domestic violence has been given a life sentence for stabbing her boyfriend to death.”

Full story

BBC News, 30th April 2013

Source: www.bbc.co.uk

Mediation and alternative dispute resolution – OUP Blog

“Why compromise? Increasingly in civil litigation there are no winners — not even the lawyers, following the review and implementation of Sir Rupert Jackson’s report into costs. The question is rapidly being re-phrased as ‘Why litigate?'”

Full story

OUP Blog, 27th April 2013

Source: www.blog.oup.com

Court agrees Facebook and Twitter users breached injunction – Attorney General’s Office

Posted April 30th, 2013 in contempt of court, injunctions, internet, news, photography by sally

“Two men who published photographs on Twitter and Facebook said to show the killers of James Bulger have admitted being in contempt of court.”

Full story

Attorney General’s Office,

Source: www.gov.uk/ago

Defamation Act becomes law, establishes new statutory defences against libel – OUT-LAW.com

Posted April 30th, 2013 in bills, defamation, defences, legislation, news, public interest by sally

“Changes to libel laws in England and Wales have been implemented after the Defamation Bill received Royal Assent late last week.”

Full story

OUT-LAW.com, 29th April 2013

Source: www.out-law.com

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others – WLR Daily

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367; [2013] WLR (D) 154

“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii – WLR Daily

Asociaţia ACCEPT v Consiliul Naţional pentru Combaterea Discriminǎrii (Case C-81/12); [2013] WLR (D) 153

“Homophobic statements made by a person perceived as playing a leading role in a football club but who did not have legal capacity to bind it in recruitment matters were capable of constituting ‘facts from which it may be presumed that there has been … discrimination’ pursuant to articles 2(2) and 10(1) of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (OJ 2000 L303, p16).”

WLR Daily, 25th April 2013

Source: www.iclr.co.uk

Verma v Barts and The London NHS Trust (NHS Employers intervening) – WLR Daily

Verma v Barts and The London NHS Trust (NHS Employers intervening) [2013] UKSC 20; [2013] WLR (D) 152

“Where a part-time locum doctor, as a step towards achieving a consultant’s post, took a one-year full time training post at a lower rate of pay but under the relevant NHS terms and conditions was entitled to pay protection, that entitlement was not limited to preserving her previous annual earnings but required her employer to pay all her new full-time hours at an hourly-rate equivalent to her previous part-time work.”

WLR Daily, 24th April 2013

Source: www.iclr.co.uk