“The Guardian analyses the controversial clauses that have sparked a heated debate over the cross-party plan for a new press regulation regime.”
The Guardian, 22nd March 2013
Source: www.guardian.co.uk
“This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a Mr Williams by Cotswold District Council from way back in 2008 although the result here was different (see ‘Recount Your Storeys’ (2009) 12 JHL 1).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
“News that Oxford Brookes University is discontinuing its legal practice course (LPC) because a drop in applications means it is no longer viable has sent a shock wave through the legal education market, as we await publication of the much-anticipated Legal Education and Training Review (LETR).”
Law Society’s Gazette, 25th March 2013
Source: www.lawgazette.co.uk
The Application of the Amendments to the Civil Procedure Rules (PDF)
Speech by Master of the Rolls
District Judges’ Annual Seminar, 22nd March 2013
Source: www.judiciary.gov.uk
“In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was ‘in the teeth’ of the medical evidence. How could the case have got this far, one might well ask? At heart in this case, there is something interesting about the reception by homelessness officers about medical evidence (see comments at the end). The final point by way of introduction is a hat-tip to Debra Wilson at Anthony Gold who, I’m told, took Mr El-Dinnaoui’s appeal pro bono (and won).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
“This month we saw eight-month sentences handed out to Chris Huhne and his ex-wife Vicky Pryce for perverting the course of justice. Both had been warned to ‘be under no illusion as to the likely sentence’ – the judicial way of saying, ‘expect a custodial sentence’. Of course, the lawyers would tell you that this was inevitable as the courts treat such crimes severely.”
Halsbury’s Law Exchange, 22nd March 2013
Source: www.halsburyslawexchange.co.uk
“In May 2012, the Home Secretary announced a review of the Public Sector Equality Duty (PSED), which came into force a year earlier in April 2011, as an outcome of the Red Tape Challenge. The review is focusing in particular on levels of understanding of the PSED and guidance, the costs and benefits of the duty, how organisations are managing legal risk and ensuring compliance with the duty and what changes, if any, would secure better equality outcomes. It is being overseen by a steering group, appointed by Government Ministers, largely drawn from public authorities.”
UK Human Rights Blog, 22nd March 2013
Source: www.ukhumanrightsblog.com
“Legal protections preventing the inclusion of unfair contract terms in consumer contracts should be extended to apply to less formal notices, such as those included as part of software end user licence agreements (EULA), law reform bodies have said.”
OUT-LAW.com, 25th March 2013
Source: www.out-law.com
“On 21st March 2013 the House of Commons Justice Committee published a report (HC 962) on the functions, powers and resources of the Information Commissioner. It is essential reading for anyone interested in understanding the current role and future prospects of the Information Commissioner’s Office (ICO).”
Panopticon, 25th March 2013
Source: www.panopticonblog.com
“Today we will see the beginning of the end of the passage of the Justice and Security Bill through Parliament: the process commonly known as parliamentary ‘ping-pong’.”
UK Human Rights Blog, 26th March 2013
Source: www.ukhumanrightsblog.com
“Female offenders should receive more targeted support to break the cycle of crime and abuse many of them face, Justice Minister Helen Grant said today.”
Ministry of Justice, 22nd March 2013
Source: www.justice.gov.uk
“Deirdre Fottrell, barrister of Coram Chambers, reviews recent cases involving human rights issues which are of significance to family lawyers.”
Family Law Week, 22nd March 2013
Source: www.familylawweek.co.uk
“The courts are ‘very aware’ of the dangers of feeding media perceptions of a compensation culture, the Master of the Rolls has said.”
Litigation Futures, 25th March 2013
Source: www.litigationfutures.com
“An inquest jury has criticised procedures and practice at the UK’s biggest jail following the death of a prisoner, jailed for stealing a gingerbread man in the 2011 riots.”
The Guardian, 26th March 2013
Source: www.guardian.co.uk
Taylor and another v A Novo (UK) Ltd [2013] EWCA Civ 194; [2013] WLR (D) 119
“A person who suffered psychiatric illness (post-traumatic stress disorder), after witnessing the sudden collapse and death of her mother who had been injured at work by the admitted negligence of the defendant employer some three weeks earlier, did not have a right of action as a secondary victim for damages against the defendant, since there was an insufficient relationship of proximity between the person suffering the psychiatric illness and the defendant.”
WLR Daily, 18th March 2013
Source: www.iclr.co.uk
Swift v Secretary of State for Justice [2013] EWCA Civ 193; [2013] WLR (D) 118
“The exclusion of a person, cohabiting for less than two years with another who had subsequently died, from the classes of family members entitled to claim damages for loss of dependency under the Fatal Accidents Act 1976, as amended, was a proportionate means of pursuing the legitimate legislative aim of confining the right to recovery to those who had relationships of some degree of permanence and dependence. Accordingly, section 1(3)(b) of the 1976 Act, as substituted by section 3(1) of the Administration of Justice Act 1982, was not incompatible with article 14, in conjunction with article 8, of the Convention for the Protection of Human Rights and Fundamental Freedoms, and the choice made by the legislature was not manifestly without foundation and was one Parliament was entitled to make. And even if the section amounted to an interference with the right to respect for family life in breach of article 8.1, the interference was justified under article 8.2.”
WLR Daily, 18th March 2013
Source: www.iclr.co.uk
Regina v Hampshire County Council [2013] WLR (D) 117
“There was no reason to stay confiscation proceedings where a trademark offence had been committed, because trademark offences were lifestyle, repeat offences, which did real damage to those entitled to the profits of a trademark and deprived the manufacturers of the legitimate fruits of the research and development of their product and it was proceeds which mattered rather than blame.”
WLR Daily, 20th March 2013
Source: www.iclr.co.uk
Regina v Mahmood [2013] EWCA Crim 325; [2013] WLR (D) 116
“When calculating the expenditure incurred during a conspiracy, the statutory assumption in section 10(4) of the Proceeds of Crime Act 2002 did not mean that each conspirator was treated as having incurred all of the expenditure and evidence was required about the particular conspirator who had incurred it.”
WLR Daily, 22nd March 2013
Source: www.iclr.co.uk
“When a member state, pursuant to article 4(2)(b) of Council Directive 85/337/EEC, with regard to projects falling within the scope of the discretion under Annex II whether to carry out an environmental assessment (‘EA’), established a threshold which was incompatible with the obligations laid down in articles 2(1) and 4(3) of that directive, the provisions of articles 2(1) and 4(2)(a) and (3) of the directive had direct effect, which meant that the competent national authorities had to ensure that it was first examined whether the projects concerned were likely to have significant effects on the environment and, if so, that an assessment of those effects was then undertaken.”
WLR Daily, 21st March 2013
Source: www.iclr.co.uk
An unintended escape of sewage amounted to a “deposit” for the purpose of an offence under section 33(1)(a) of the Environmental Protection Act 1990.
WLR Daily, 20th March 2013
Source: www.iclr.co.uk
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