Ash and Cancer Research win ban on ads attacking plain cigarette packs – The Guardian

Posted March 13th, 2013 in advertising, children, health, news, smoking by sally

“Anti-smoking campaigners have won a battle against Gallaher, which markets brands including Benson & Hedges, Camel and Silk Cut, after the advertising watchdog banned the tobacco giant’s national advertising campaign attacking proposals for plain cigarette packaging.”

Full story

the Guardian, 13th March 2013

Source: www.guardian.co.uk

Setting a trap for the European Court of Human Rights over foreign criminals – UK Human Rights Blog

Posted March 13th, 2013 in amendments, deportation, families, human rights, news by sally

“Dominic Raab MP has tabled an amendment to the Crime and Courts Bill which if passed would stop foreign criminals from using Article 8 of the European Convention on Human Rights (the right respect for private and family life) to prevent their deportation. The amendment has significant support.”

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UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

M25 road rage killer Kenneth Noye fails in attempt to have minimum jail term cut – The Independent

Posted March 13th, 2013 in appeals, murder, news, sentencing by sally

“A ‘professional criminal’ given a life sentence for a road rage murder on an M25 slip road today (12 March) failed in a bid to get his 16-year minimum jail term cut by the Court of Appeal.”

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The Independent, 12th March 2013

Source: www.independent.co.uk

The strange status of 16-year-olds – BBC News

Posted March 13th, 2013 in news, young persons by sally

“The age of 18 is widely accepted as the start of adulthood but those one or two years younger occupy a strange twilight zone where they are given many freedoms and responsibilities but denied others.”

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BBC News, 13th March 2013

Source: www.bbc.co.uk

Under the spotlight: perverting the course of justice and wasting police time in cases involving allegedly false rape and domestic violence allegations – Crown Prosecution Service

“The first ever study by the Crown Prosecution Service into so-called false allegations of rape and domestic violence is being published today by the Director of Public Prosecutions.”

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Crown Prosecution Service, 12th March 2013

Source: www.cps.gov.uk

HarperCollins sued by former death row prisoner over ditched book – The Guardian

Posted March 13th, 2013 in contracts, loss of chance, news, publishing by sally

“Nick Yarris, who was wrongfully convicted and sentenced to death for murder, sues publisher over abandoned life story.”

Full story

The Guardian, 12th March 2013

Source: www.guardian.co.uk

Disabled people in legal bid to save living fund – BBC News

“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”

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BBC News, 13th March 2013

Source: www.bbc.co.uk

British soldier Michael Maguire was unlawfully killed, inquest rules – The Guardian

Posted March 13th, 2013 in armed forces, firearms, health & safety, inquests, news, unlawful killing by sally

“A soldier was unlawfully killed when he was hit in the head by a machine-gun bullet as he rested in a supposedly safe area next to a firing range, an inquest jury has ruled.”

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The Guardian, 13th March 2013

Source: www.guardian.co.uk

Historic Royal Charter on press regulation close to being agreed – The Independent

Posted March 13th, 2013 in charters, defamation, freedom of expression, media, news, regulations by sally

“The three leading political parties were last night close to signing up to a historic Royal Charter to implement the recommendations of Lord Justice Leveson on reforming regulation of the press.”

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The Independent, 12th March 2013

Source: www.independent.co.uk

Rape investigations ‘undermined by belief that false accusations are rife’ – The Guardian

Posted March 13th, 2013 in news, prosecutions, rape, victims, wasting police time by sally

“A ‘misplaced belief’ that false accusations of rape or domestic violence are commonplace may be undermining police and prosecutors’ efforts to investigate such crimes, the director of public prosecutions has warned.”

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The Guardian, 13th March 2013

Source: www.guardian.co.uk

Defence lawyers exploit the weakness of sex abuse victims, says police chief Sir Peter Fahy – The Independent

Posted March 12th, 2013 in cross-examination, news, sexual offences, victims, witnesses by sally

“One of Britain’s most senior police officers has accused defence lawyers of ‘exploiting’ the weakness of sex abuse victims making prosecutors reluctant to bring cases to court.”

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The Independent, 12th March 2013

Source: www.independent.co.uk

Disclosure of ill-treatment allegations would breach nurse’s human rights, rules High Court – UK Human Rights Blog

Posted March 12th, 2013 in disclosure, human rights, judicial review, news, nurses, proportionality, vetting by sally

“This was an application for judicial review, and a claim under the Human Rights Act 1998, in respect of the defendant’s decision to disclose allegations of neglect and ill-treatment of care home residents in an Enhanced Criminal Records Certificate dated 12th October 2012.”

Full story

UK Human Rights Blog, 12th March 2013

Source: www.ukhumanrightsblog.com

BAILII: Recent Decisions

Posted March 12th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Christou & Anor v London Borough of Haringey [2013] EWCA Civ 178 (12 March 2013)

High Court (Queen’s Bench Division)

AJ Building and Plastering Ltd v Turner & Ors [2013] EWHC 484 (QB) (11 March 2013)

High Court (Chancery Division)

Schrader v Schrader [2013] EWHC 466 (Ch) (11 March 2013)

Kloosman v Aylen & Ors [2013] EWHC 435 (Ch) (08 March 2013)

High Court (Administrative Court)

Z, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 498 (Admin) (12 March 2013)

High Court (Patents Court)

Nokia Oyj (Nokia Corporation) v Ipcom GmbH & Co Kg & Anor [2013] EWHC 407 (Pat) (14 February 2013)

Source: www.bailii.org

Philippe Sands quits Lib Dems in protest at support for secret courts – The Guardian

Posted March 12th, 2013 in bills, closed material, news, political parties, private hearings by sally

“The prominent international lawyer Prof Philippe Sands QC has resigned from the Liberal Democrats in protest at the leadership’s support for expanding the use of secret courts.”

Full story

The Guardian, 11th March 2013

Source: www.guardian.co.uk

Related link: I’m leaving the Liberal Democrats too

Let’s rip up the Human Rights Act – Hardwicke Chambers

Posted March 12th, 2013 in human rights, legislation, news, repeals by sally

“UK justice secretary Chris Grayling’s call for the repeal of the Human Rights Act 1998 has led to claims that he is betraying British values, and damaging Britain’s reputation abroad. But it is time for a grown-up debate about what, exactly, this piece of legislation has done to enhance our civil liberties and fundamental freedoms.”

Full story

Hardwick Chambers, 11th March 2013

Source: www.hardwicke.co.uk

Jackson and the occupational hazards of commoditised litigation: a practical view from the Bar – Littleton Chambers

Posted March 12th, 2013 in costs, insurance, news, trials, witnesses by sally

“In his monthly column, James Bickford Smith considers two judgments that illustrate the hazards of the commoditised litigation that will be transformed, for better or worse, by the Jackson  reforms.”

Full story (PDF)

Littleton Chambers, 6th March 2013

Source: www.littletonchambers.com

Baby P social workers lose court appeal against sacking – BBC News

Posted March 12th, 2013 in appeals, news, social services, unfair dismissal by sally

“Two of Baby P’s social workers have lost their appeal against a tribunal ruling that found they were fairly sacked by Haringey Council.”

Full story

BBC News, 12th March 2013

Source: www.bbc.co.uk

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police – WLR Daily

Posted March 12th, 2013 in appeals, costs, law reports, police, sport by sally

Leeds United Football Club Ltd v Chief Constable of the West Yorkshire Police [2013] EWCA Civ 115; [2013] WLR (D) 95

“The provision of public order policing and crowd control, both before and after football matches, on land not owned, possessed or controlled by a football club did not constitute ‘special police services’ within the meaning of section 25(1) of the Police Act 1996, and therefore the police were not entitled to charge the football club for the cost of doing so.”

WLR Daily, 7th March 2013

Source: www.iclr.co.uk

Daejan Investments Ltd v Benson and others – WLR Daily

Daejan Investments Ltd v Benson and others [2013] UKSC 14; [2013] WLR (D) 94

“Where a landlord’s failure to consult fully with tenants before carrying out major repairs to a block of flats would preclude recovery from the tenants of the full cost of the works unless a leasehold valuation tribunal granted a dispensation under section 20ZA(1) of the Landlord and Tenant Act 1985 from the relevant consultation requirement, dispensation was not to be refused as a punitive measure solely because a landlord had breached the consultation requirements in the Service Charges (Consultation Requirements) (England) Regulations (SI 2003/1987)) but rather the tribunal could grant the dispensation on terms which reflected the actual prejudice which the tenants had suffered.”

WLR Daily, 6th March 2013

Source: www.iclr.co.uk

Westfields Construction Ltd v Lewis – WLR Daily

Posted March 12th, 2013 in construction industry, contracts, jurisdiction, law reports by sally

Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC); [2013] WLR (D) 93

“Occupation of a property was an ongoing process and could not be tested by reference to a single snapshot in time in determining whether a property owner was a ‘residential occupier’ for the purposes of section 106 of the Housing Grants, Construction and Regeneration Act 1996.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk