Jail for soldier who terrorised bus with fake gun – Daily Telegraph

Posted March 22nd, 2013 in armed forces, firearms, news, sentencing, violence by sally

“A former soldier who left bus passengers fearing for their lives after he pointed a replica gun at them has been jailed for five years.”

Full story

Daily Telegraph, 22nd March 2013

Source: www.telegraph.co.uk

Hillsborough inquest hearing date set – BBC News

Posted March 22nd, 2013 in health & safety, inquests, news, sport by sally

“A hearing to decide the date and location of a fresh inquest into the deaths of the 96 Hillsborough victims will take place next month.”

Full story

BBC News, 22nd March 2013

Source: www.bbc.co.uk

Christian B&B owners sued over refusing gay guests can now turn away homosexual couples – The Independent

“A Christian couple who broke equality laws when they refused to let a gay couple stay in a double room in their bed and breakfast will now be able to legally turn away homosexual couples after becoming a not-for-profit organisation.”

Full story

The Independent, 22nd March 2013

Source: www.independent.co.uk

‘Ex-gay’ London bus advert ban ruled lawful – BBC News

Posted March 22nd, 2013 in advertising, homosexuality, news, transport by sally

“A ban on a Christian group’s proposed bus advert suggesting gay people could be helped to change their sexuality has been ruled as lawful.”

Full story

BBC News, 22nd March 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 22nd, 2013 in law reports by sally

Court of Appeal (Criminal Division)

Nightingale, R. v – Temporary BAILII Citation Number: [2013] EWCA Crim B3 (13 March 2013)

Court of Appeal (Civil Division)

P -S (Children) [2013] EWCA Civ 223 (21 March 2013)

Whitehead v Bruce & Ors [2013] EWCA Civ 229 (21 March 2013)

Nelson’s Yard Management Company & Ors v Eziefula [2013] EWCA Civ 235 (21 March 2013)

High Court (Queen’s Bench Division)

Chandra & Anor v Brooke North & Anor (Rev 3) [2013] EWHC 417 (QB) (08 March 2013)

Serious Organised Crime Agency v Azam & Ors [2013] EWHC 627 (QB) (21 March 2013)

High Court (Family Division)

Arif v Anwar & Anor [2013] EWHC 624 (Fam) (21 March 2013)

High Court (Administrative Court)

Buckinghamshire County Council & Ors, R (on the application of) v Secretary of State for Transport [2013] EWHC 481 (Admin) (15 March 2013)

McDaid v Nursing & Midwifery Council [2013] EWHC 586 (Admin) (21 March 2013)

High Court (Commercial Court)

Versloot Dredging BV v HDI Gerling Industrie Versicherung Ag & Ors [2013] EWHC 581 (Comm) (08 February 2013)

Griffon Shipping LLC v Firodi Shipping Ltd [2013] EWHC 593 (Comm) (21 March 2013)

High Court (Patents Court)

Glaxosmithkline Biologicals SA v Comptroller-General of Patents, Designs and Trade Marks [2013] EWHC 619 (Pat) (21 March 2013)

Source: www.bailii.org

Intestacy and Family Provision Claims on Death – Law Commission

Posted March 22nd, 2013 in intestacy, Law Commission, news, reports, trusts by sally

“Government has accepted, in part, the recommendations we made in our report Intestacy and Family Provision Claims on Death.”

Intestacy and Family Provision Claims on Death

Law Commission, 21st March 2013

Source: www.lawcommission.justice.gov.uk

Command Papers – official-documents.gov.uk

Posted March 22nd, 2013 in parliamentary papers by sally

The work of the UK Border Agency (April – June 2012), Cm 8591 (PDF)

The Supplementary List of Ratifications, Accessions, Withdrawals, etc., Cm 8589 (PDF)

Convention on the Law of the Non-Navigational Uses of International Watercourses , Cm 8590 (PDF)

The Government’s Response to the Health Select Committee’s Eighth Report of Session 2012-13 on the National Institute for Health and Clinical Excellence, Cm 8568 (PDF)

Source: www.official-documents.gov.uk

Hayes v Willoughby – WLR Daily

Posted March 22nd, 2013 in crime, defences, harassment, law reports, Supreme Court by sally

Hayes v Willoughby [2013] UKSC 17; [2013] WLR (D) 110

Where a person whose conduct would amount to harrassment of another within section 1(1) of the Protection from Harassment Act 1997 sought to rely on the defence under section 1(3)(a) of the Act of having acted for the purpose of preventing or detecting crime, he had to show that he had thought rationally about the material suggesting the possibility of criminality and had formed the view that the conduct said to constitute harassment was appropriate for the purpose of preventing or detecting it.

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

No consultation on principle of criminal legal aid tendering – LAG News Blog

Posted March 22nd, 2013 in consultations, criminal justice, legal aid, news, tenders by sally

“It was clear from the meeting of the All Party Parliamentary Group on Legal Aid yesterday evening that there is a wide gulf between legal aid practitioners and the government on the issue of competitive tendering for criminal legal aid services. Members of the audience, many of whom were solicitors and barristers specialising in criminal work, were shocked to hear Dr Elizabeth Gibby, the senior official at the Ministry of Justice responsible for the policy, declare that the consultation on competitive tendering planned for next month ‘will be on the model only and not the principle’.”

Full story

LAG News Blog, 21st March 2013

Source: www.legalactiongroupnews.org.uk

Bank Mellat (Appellant) v HM Treasury (Respondent) – Supreme Court

“Lord Neuberger, President of the Supreme Court, made the following statement in open court this afternoon:

‘Yesterday morning, having heard full argument on the issue the previous day, we decided, for reasons to be given later – and, it should be added, by a majority of six to three – that we had power to consider the closed judgment of Mr Justice Mitting (‘the closed judgment’) in this case. This would involve part of this hearing being conducted in private without Bank Mellat or its representatives being present. We also indicated that, on the basis of the arguments we had so far heard, we were not persuaded that it was necessary to take such a course.'”

Full story

Supreme Court, 21st March 2013

Source: www.supremecourt.gov.uk

Historical first as Supreme Court boots Iranian bank out of secret hearing – UK Human Rights Blog

“Extraordinary developments in the Supreme Court today as the court, for the first time in its history, conducted a secret hearing during which one of the parties, an Iranian Bank, was not allowed to take part. Full background to the case, Bank Mellat (Appellant) v HM Treasury (Respondent) is here.”

Full story

UK Human Rights Blog, 21st March 2013

Source: www.ukhumanrightsblog.com

IPCC submits file to prosecutors over death of man after arrest – The Guardian

Posted March 22nd, 2013 in complaints, death in custody, news, police by sally

“The police watchdog has sent a file to the Crown Prosecution Service regarding the death of a man who was restrained and arrested by police officers in a city centre.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 22nd, 2013 in legislation by sally

The Police and Justice Act 2006 (Commencement No. 16) Order 2013

The Education (Inspectors of Education and Training in Wales) Order 2013

The Hinkley Point C (Nuclear Generating Station) Order 2013

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2013

The Housing Benefit (Amendment) Regulations 2013

The Rent Officers (Housing Benefit Functions) Amendment Order 2013

The Damages-Based Agreements Regulations 2013

The Civil Legal Aid (Costs) Regulations 2013

The Legal Aid (Information about Financial Resources) Regulations 2013

The Health and Safety (Sharp Instruments in Healthcare) Regulations 2013

The Health Education England (Establishment and Constitution) Amendment Order 2013

The Financial Services Act 2012 (Commencement No. 3) Order 2013

The Pollution Prevention and Control (Designation of the Industrial Emissions Directive) (Offshore) Order 2013

Source: www.legislation.gov.uk

Plight of women in jail tackled with new policy on sentencing – The Independent

Posted March 22nd, 2013 in detention, news, rehabilitation, sentencing, women by sally

“Courts will be encouraged to hand more community sentences to women offenders – backed by curfews, tagging and unpaid work – in an attempt to reduce the female prison population.”

Full story

The Independent, 21st March 2013

Source: www.independent.co.uk

Supreme Court sits in secret for first time in history – The Independent

“The highest court in the land controversially sat in secret for the first time in its history today but insisted it had reached the decision with ‘great reluctance’.”

Full story

The Independent, 21st March 2013

Source: www.independent.co.uk

Lords plan parliamentary ‘ping pong’ to win battle over secret courts – The Guardian

Posted March 21st, 2013 in bills, closed material, news, parliament, private hearings by sally

“Peers intend to change justice and security bill as it shuttles between houses of parliament, government is warned.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk

Norfolk rapist who held Cambridge woman hostage gets life – BBC News

Posted March 21st, 2013 in assault, domestic violence, kidnapping, news, rape, sentencing by sally

“A man who beat and raped his girlfriend and kept her hostage in his Norfolk flat for two weeks has been jailed for life.”

Full story

BBC News, 21st March 2013

Source: www.bbc.co.uk

Probation officers face social media gag as outsourcing row rumbles on – The Guardian

Posted March 21st, 2013 in civil servants, freedom of expression, internet, news, probation by sally

“The justice secretary, Chris Grayling, has issued instructions that probation officers face the risk of disciplinary action if they publicly criticise on Twitter or other social media his plans to outsource 70% of their work with offenders.”

Full story

The Guardian, 21st March 2013

Source: www.guardian.co.uk

Helen Fenwick: The Report of the Bill of Rights Commission: disappointing Conservative expectations or fulfilling them? – UK Constitution Law Group

“The Commission delivered its Report – A UK Bill of Rights? – The Choice Before Us – to the Government in December 2012. It is an odd document, dominated by the lack of agreement in the Commission as to the role that any human rights’ instrument in Britain should play. That was unsurprising since at the inception of the Commission the Coalition partners appeared to want it to play two different roles – defending or attacking the HRA. From the very outset the Commission and the idea of a Bill of Rights (BoR) was relied upon by Cameron and other senior Conservatives to allay anger in the Conservative party, and among some voters, directed at decisions made under the Human Rights Act. David Cameron announced the Commission’s inception in March 2011 at Prime Ministers’ Questions as a reaction to criticism of the decision of the Supreme Court that sex offenders should be able to challenge their inclusion on the Sex Offenders’ register. He indicated that a BoR would address the concerns expressed (17.3.11; see the Telegraph in relation to R and Thompson v SSHD). The idea that a BoR could right the wrongs of the HRA – would provide a panacea for the HRA’s ills – had apparently been embedded in the Conservative party psyche for some years: David Cameron in a speech to the Centre for Policy Studies in 2006 Balancing freedom and security – A modern British Bill of Rights said that the HRA should be repealed: ‘….The Human Rights Act has a damaging impact on our ability to protect our society against terrorism…. . I am today committing my Party to work towards the production of a Modern Bill of Rights’. In contrast, the 2010 Liberal Democrat election manifesto promised to ‘Ensure that everyone has the same protections under the law by protecting the Human Rights Act.'”

Full story

UK Constitution Law Group, 21st March 2013

Source: www.ukconstitutionllaw.org

Man sued council for £33,000 after slipping on some berries – Daily Telegraph

Posted March 21st, 2013 in compensation, local government, news, personal injuries by sally

“A man successfully sued his town council for nearly £33,000 after slipping on some berries while walking through a churchyard and breaking a bone.”

Full story

Daily Telegraph, 21st March 2013

Source: www.telegraph.co.uk