Regina (Patel) v General Medical Council – WLR Daily

Posted April 3rd, 2013 in appeals, doctors, education, judicial review, law reports, universities by sally

Regina (Patel) v General Medical Council [2013] EWCA Civ 1938; [2013] WLR (D) 128

“A professional medical body with responsibility for registering doctors was not entitled to defeat the legitimate expectation of registration of a British resident who had undertaken a long course of study by distance learning at an overseas university, relying on e-mail assurances from the defendant body that he would be entitled to register his medical qualification once awarded on completion of all the clinical requirements. The decision to refuse him registration because the criteria for accepting overseas qualifications had since changed could not stand.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Regina (Dowsett) v Secretary of State for Justice – WLR Daily

Posted April 3rd, 2013 in appeals, human rights, law reports, prisons, religious discrimination, sex discrimination by sally

Regina (Dowsett) v Secretary of State for Justice [2013] EWHC 687 (Admin); [2013] WLR (D) 126

“The Secretary of State’s policy that male prisoners could not normally object to “rub-down” searches being conducted by a female prison officer except on genuine religious or cultural grounds was not discriminatory on grounds of sex or lack of religion. The exceptions to the policy were a proportionate way of dealing with genuine objections by male prisoners to being searched by female officers and the width of the exceptions to the policy did not lead to an unacceptable risk of unlawful decision-making.”

WLR Daily, 27th March 2013

Source: www.iclr.co.uk

Cautions for serious and repeat offenders under review – Ministry of Justice

Posted April 3rd, 2013 in cautions, courts, news, police, recidivists by sally

“Serious and repeat criminals should not expect to escape with a caution, Secretary of State for Justice Chris Grayling announced today with the launch of a Government review into cautions. ”

Full story

Ministry of Justice, 3rd April 2013

Source: www.justice.gov.uk

Command Papers – official-documents.gov.uk

Posted April 3rd, 2013 in parliamentary papers by sally

CONTEST: The United Kingdom’s Strategy for Countering Terrorism, Cm 8583 (PDF)

Patients First and Foremost: The Initial Government Response to the Report of The Mid Staffordshire NHS Foundation Trust Public Inquiry, Cm 8576 (PDF)

Source: www.official-documents.gov.uk

Police cautions to be reviewed by government – The Guardian

Posted April 3rd, 2013 in cautions, courts, news, police, recidivists by sally

“The government is launching a review of the use of police cautions in England and Wales, amid fears that they are being used to punish serious offences that should be dealt with by the courts.”

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The Guardian, 3rd April 2013

Source: www.guardian.co.uk

Craig Prescott: The Union, Constitutional Change and Constitutional Conventions (and English Regionalism?) – UK Constitutional Law Group

Posted April 3rd, 2013 in constitutional law, constitutional reform, devolution, news, public interest, reports by sally

“Last week, the House of Commons Political and Constitutional Reform Committee published their report, Do We Need A Constitutional Convention For the UK? (HC 2012-13 371). It is an interesting document, mainly because its very existence shows that the idea of a constitutional convention is becoming more mainstream within Westminster. But the report raises many questions, not all of which are fully answered. The central thrust of the report is that considering the raft of changes made to the constitution since 1997, particularly devolution, ‘it is time to conduct a comprehensive review so that the Union can work well in the future’ (para 111), and that this review should take the form of a ‘constitutional convention to look at the formal constitutional structure of the UK’.”

Full story

UK Constitutional Law Group, 3rd April 2013

Source: www.ukconstitutionallaw.org

New regulatory regime in place in financial services sector – OUT-LAW.com

Posted April 3rd, 2013 in banking, financial regulation, insurance, news, regulations by sally

“A new system of regulation will oversee businesses in the financial services sector after reforms to the previous regime took effect on Monday.”

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OUT-LAW.com, 2nd April 2013

Source: www.out-law.com

Google facing legal threat from six European countries over privacy – The Guardian

Posted April 3rd, 2013 in data protection, EC law, internet, news, privacy by sally

“Google could face fines from six European countries’ privacy regulators, including the UK and Germany, after refusing to reverse changes to its privacy policies made in March 2012.”

Full story

The Guardian, 2nd April 2013

Source: www.guardian.co.uk

SAS sniper Danny Nightingale retrial to be challenged – BBC News

Posted April 3rd, 2013 in armed forces, firearms, news, public interest, retrials by sally

“Lawyers for an SAS sniper are to challenge whether it is in the public interest to retry him for illegally possessing a pistol and ammunition.”

Full story

BBC News, 2nd April 2013

Source: www.bbc.co.uk

Mick and Mairead Philpott convicted of manslaughter over Derby house fire – The Guardian

Posted April 3rd, 2013 in arson, conspiracy, families, homicide, news by sally

“The parents accused of killing six children in a house fire have been convicted of their manslaughter.”

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The Guardian, 2nd April 2013

Source: www.guardian.co.uk

Improving the Code of Practice for Victims of Crime – Ministry of Justice

Posted April 3rd, 2013 in codes of practice, consultations, criminal justice, news, victims by sally

“This consultation sets out the Government’s plans to reform the Victims’ Code to give victims clearer entitlements from criminal justice agencies and to better tailor service to individual need. It is aimed at all criminal justice agencies, victims of crime and businesses.”

Full story

Ministry of Justice, 29th March 2013

Source: www.justice.gov.uk

SSE fined record £10.5m by Ofgem over ‘prolonged and extensive’ mis-selling – The Guardian

Posted April 3rd, 2013 in energy, fines, news, unfair commercial practices, utilities by sally

“The utility giant SSE is to be fined £10.5m for ‘prolonged and extensive’ mis-selling in what will be the largest ever penalty imposed on an energy provider.”

Full story

The Guardian, 3rd April 2013

Source: www.guardian.co.uk

Undertaker who murdered wife and disposed of body given life sentence – The Independent

Posted April 3rd, 2013 in burials and cremation, murder, news, sentencing by sally

“An undertaker who was today found guilty of killing his wife in their bungalow and disposing of her body has been given a life sentence, of which he must serve a minimum of 17 years.”

Full story

The Independent, 2nd April 2013

Source: www.independent.co.uk

Police officer guilty of selling seized drugs back to dealers for profit – The Guardian

Posted April 3rd, 2013 in conspiracy, drug offences, misfeasance in public office, money laundering, news, police, theft by sally

“A corrupt detective has been found guilty of stealing large amounts of seized drugs and selling them back to drug dealers in a plot that made him and his brother around £600,000.”

Full story

The Guardian, 2nd April 2013

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 2nd, 2013 in law reports by sally

High Court (Administrative Court)

Ighalo v The Solicitors Regulation Authority [2013] EWHC 661 (Admin) (26 March 2013)

Nagre, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 720 (Admin) (28 March 2013)

Copson, R (on the application of) v Dorset Healthcare University NHS Foundation Trust [2013] EWHC 732 (Admin) (28 March 2013)

High Court (Queen’s Bench Division)

St Edmundsbury Borough Council & Anor v Reynolds & Ors [2013] EWHC 737 (QB) (28 March 2013)

High Court (Family Division)

LA v DG & Ors [2013] EWHC 734 (Fam) (01 February 2013)

High Court (Commercial Court)

Deutsche Bank AG & Ors v Unitech Global Ltd & Ors [2013] EWHC 471 (Comm) (28 February 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted April 2nd, 2013 in legislation by sally

The Council Tax (Additional Provisions for Discount Disregards) (Amendment) (England) Regulations 2013

The Careers Guidance in Schools Regulations 2013

The Guardian’s Allowance Up-rating Regulations 2013

The Social Security (Contributions) (Amendment) Regulations 2013

The National Health Service (Primary Dental Services) (Miscellaneous Amendments to Charges) Regulations 2013

The Localism Act 2011 (Commencement No. 2 and Transitional Provisions) Order 2013

The Personal Injuries (Civilians) Scheme (Amendment) Order 2013

The Guardian’s Allowance Up-rating Order 2013

The Bank of England (Call Notice) (Benchmark Rate of Interest) Order 2013

The Enterprise Act 2002 (Part 8 Domestic Infringements) Order 2013

The Tax Credits Up-rating, etc. Regulations 2013

The Finance Act 2012, Schedule 22 (Reduction of Supplementary Charge for Certain Oil Fields) (Appointed Day) Order 2013

The Civil Proceedings Fees (Amendment) Order 2013

The Recovery of Costs Insurance Premiums in Clinical Negligence Proceedings (No. 2) Regulations 2013

The European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2013

The Scotland Act 2012 (Consequential Provisions) Order 2013

The Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

No QOCS here: A Guide to the CPR Amendments you may have missed – Zenith Chambers

Posted April 2nd, 2013 in budgets, case management, civil procedure rules, costs, disclosure, evidence, news, part 36 offers by sally

“In all of the furore surrounding LASPO and the very real concerns about funding, it seems that very little attention has been paid to the significant changes to the CPR which will come into force on 1st April 2013. This is not an article about funding, legal aid, CFAs, DBAs, or even QOCS. Instead it is intended to provide an overview and guidance on the amendments being made to the CPR.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

Police officer to sue garage owner after tripping on kerb – The Guardian

Posted April 2nd, 2013 in compensation, news, personal injuries, police by sally

“Police Federation says PC Kelly Jones will press ahead with lawsuit after injuring leg and wrist at petrol station.”

Full story

The Guardian, 2nd April 2013

Source: www.guardian.co.uk

One into Two will go – but only if it’s done reasonably and proportionately – Zenith Chambers

Posted April 2nd, 2013 in appeals, housing, local government, news, Supreme Court by sally

“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk

Bedroom Tax, Spare Room Subsidy, or Big Headache – any solutions? – Zenith Chambers

Posted April 2nd, 2013 in benefits, housing, news, social security by sally

“The Regulations applying the Government’s ‘social sector under-occupancy penalty’ (a politically neutral description at least) are in force from 01/04/13. Broadly, social housing tenants of working age will see a deduction of 14% or 25% of the eligible rent component from their housing benefit, if the HB authority finds they have one or two spare bedrooms respectively.”

Full story (PDF)

Zenith Chambers, 28th March 2013

Source: www.zenithchambers.co.uk