Current Awareness

“Where a witness statement casting doubt on the veracity of the evidence given by the sole witness to a crime was not used at trial because of a failure by the prosecution to disclose it on time, or owing to incompetence of defence counsel, those failing were not enough without more to justify a finding that there had been a miscarriage of justice. The appellant had to show that, had the evidence been used, it might reasonably have affected the decision of the jury to convict.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Vehicle Control Services Ltd v Revenue and Customs Comrs – WLR Daily

Posted March 19th, 2013 in appeals, damages, HM Revenue & Customs, law reports, parking, VAT by sally

Vehicle Control Services Ltd v Revenue and Customs Comrs: [2013] EWCA Civ 186; [2013] WLR (D) 105

“A taxpayer company which entered into a contract with owners or lawful occupiers of car parks or land to provide parking control services, and levied parking penalty charges on motorists for breach of the particular car park’s rules by issuing a charge notice against a motorist in breach, was entitled to claim that the charges amounted to damages for breach of contract made between the taxpayer and the motorist or damages for trespass; and the taxpayer was therefore not liable to pay VAT on those charges.”

WLR Daily, 13th March 2013

Source: www.iclr.co.uk

Leth v Republic of Austria – WLR Daily

Posted March 19th, 2013 in airports, compensation, EC law, environmental protection, housing, law reports by sally

Leth v Republic of Austria: (Case C-420/11); [2013] WLR (D) 106

“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

R (McGetrick) v Parole Board and another – WLR Daily

Posted March 19th, 2013 in appeals, evidence, law reports, parole, release on licence by sally

R (McGetrick) v Parole Board and another: [2013] EWCA Civ 182; [2013] WLR (D) 107

“The Parole Board had power to make an interlocutory direction requiring that evidence submitted by the Secretary of State be excluded from the final dossier of material taken into account by the panel deciding on whether to release a prisoner on licence.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening) – WLR Daily

Posted March 19th, 2013 in appeals, criminal records, demonstrations, human rights, law reports, police by sally

Regina (Catt) v Association of Chief Police Officers of England, Wales and Northern Ireland and another (Equality and Human Rights Commission and others intervening): Regina (T) v Comr of Police of the Metropolis (Secretary of State for the Home Department intervening): [2013] EWCA Civ 192; [2013] WLR (D) 108

“The retention by the police of personal information on an individual stored on a police national database, or the issue of a warning notice against a person accused of harassment and its retention in police records, involved an interference with a person’s right to respect for his private and family life, within the meaning of article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and such retention would breach the right unless justified.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 19th, 2013 in legislation by sally

The Education (Student Loans) (Repayment) (Amendment) Regulations 2013

The Companies Act 2006 (Amendment of Part 25) Regulations 2013

The National Employment Savings Trust (Amendment) Order 2013

The Health and Social Care Act 2012 (Consequential Amendments) Order 2013

The National Health Service Trusts (Establishment) Amendment Order 2013

The Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2013

The Pensions Act 2011 (Commencement No. 4) Order 2013

The Guaranteed Minimum Pensions Increase Order 2013

The Patents (Convention Countries) (Amendment) Order 2013

The Copyright and Performances (Application to Other Countries) Order 2013

The Income Tax (Pay As You Earn) (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted March 19th, 2013 in parliamentary papers by sally

Government’s response to the Heseltine review Cm 8587 (PDF)

Source: www.official-documents.gov.uk

Should the Decision of the Foreign Secretary be Justiciable? – Louise Christian

Posted March 19th, 2013 in detention, human rights, ministers' powers and duties, news, prisons, speeches, terrorism by sally

Should the Decision of the Foreign Secretary be Justiciable?

Louise Christian, Senior Consultant and Head of Public Law, Christian Khan Solicitors

Inner Temple Reader’s Lecture Series, 18th February 2013

Source: www.innertemple.org.uk

Damages for death and human rights – UK Human Rights Blog

Posted March 19th, 2013 in accidents, appeals, cohabitation, damages, declarations of incompatibility, families, human rights, news by sally

“Swift v. Secretary of State for Justice, Court of Appeal, 18 February 2013. Ms Swift lost her live-in partner in an accident at work caused by negligence. She was pregnant with her partner’s child, but had only been living with him for 6 months. Had she been with him for 2 years, she could have claimed damages for his death under section 1(3) of the Fatal Accidents Act – set out at [1] of the CA judgment. She would then have been a ‘dependant’ as defined under the FAA. So she argued that her rights under Articles 8 (family) and 14 (discrimination) of the ECHR were not properly respected by the law governing damages for the death of a relative – there was no justification for this stark cut-off – 1 year 11 months no claim, 2 years a claim. The judge refused to grant a declaration of incompatibility between the ECHR and the Fatal Accidents Act, and the Court of Appeal has just upheld his decision.”

Full story

UK Human Rights Blog, 18th March 2013

Source: www.ukhumanrightsblog.com

Covert recordings may be admissible in Employment Tribunals – Technology Law Update

Posted March 19th, 2013 in admissibility, employment tribunals, evidence, news, video recordings by sally

“As technology becomes more sophisticated, so do the challenges faced by employers. A seemingly common query relates to the legality of covert recordings made by employees of face to face meetings with managers or colleagues on smart phones or tablets.”

Full story

Technology Law Update, 15th March 2013

Source: www.technology-law-blog.co.uk

Court of Appeal rules on damages for frustration at DPA breach – Panopticon

Posted March 19th, 2013 in appeals, damages, data protection, news by sally

“On a day in which the remedying of privacy breaches of the kind considered by Leveson LJ dominated parliamentary debate, the Court of Appeal (Arden LJ, Lloyd LJ and Ryder J) delivered an interesting judgment on remedies for privacy breaches of the data protection variety.”

Full story

Panopticon, 18th March 2013

Source: www.panopticonblog.com

Barnet council faces high court review of budget cuts – The Guardian

Posted March 19th, 2013 in budgets, disabled persons, judicial review, local government, news by sally

“The ‘easyCouncil’ model of no-frills local services faces a high court challenge today, with locals from the London Borough of Barnet, including the disabled resident Maria Nash who is bringing the action, calling for a £320m privatisation deal to be scrapped.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

Black belt judo instructor fraudulently claimed £18,000 in disability benefits – Daily Telegraph

Posted March 19th, 2013 in benefits, disabled persons, fraud, news, social security by sally

“David Roberts, 48, falsely claimed more than £18,000 disability living allowance. He claimed he was in severe discomfort after walking a few steps, needed help getting dressed and getting in and out of bed. But the sensei and black belt judo and martial arts instructor was filmed by Department of Work and Pensions investigators throwing adults over his shoulder and holding opponents in leg and arm locks, in Runcorn, Cheshire.”

Full story

Daily Telegraph, 18th March 2013

Source: www.telegraph.co.uk

Gagged NHS whistleblowers will be allowed to speak out, Sir David Nicholson says – Daily Telegraph

Posted March 19th, 2013 in compromise, contracts, health, news, select committees, whistleblowers by sally

“Hundreds of whistleblowers are now free to come forward with damaging
disclosures about the NHS after their gagging orders were retrospectively
lifted, Sir David Nicholson has told MPs.”

Full story

Daily Telegraph, 18th March 2013

Soruce: www.telegraph.co.uk

Sky News reporter cleared over canoe man email hacking – The Guardian

Posted March 19th, 2013 in electronic mail, interception, media, news, public interest by sally

“Sky News correspondent Gerard Tubb will not face prosecution for hacking the email account of ‘canoe man’ John Darwin, the Crown Prosecution Service (CPS) has announced.”

Full story

The Guardian, 18th March 2013

Source: www.guardian.co.uk

Bloggers may face libel fines under press regulation deal – The Guardian

Posted March 19th, 2013 in bills, defamation, fines, internet, news, publishing by sally

“Bloggers could face high fines for libel under the new Leveson deal with exemplary damages imposed if they don’t sign up to the new regulator, it was claimed on Tuesday.”

Full story

The Guardian, 19th March 2013

Source: www.guardian.co.uk

‘Cash-for-crash’ scam in Durham ‘put car insurance up by £100’ – BBC News

Posted March 19th, 2013 in fraud, gangs, insurance, news, sentencing by sally

“A ‘crash-for-cash’ scam run by a 60-strong gang swindled so much money car insurance firms raised bills of people in the area by about £100 a year. The fraud in County Durham involved faking accidents and making false whiplash compensation claims. The 60 either admitted or were found guilty during hearings held at Newcastle Crown Court since last March.”

Full story

BBC News, 18th March 2013

Source: www.bbc.co.uk

Unfair terms in consumer contracts – Law Commission

Posted March 19th, 2013 in consumer protection, contracts, Law Commission, reports, unfair contract terms by sally

“The Law Commission and the Scottish Law Commission have today recommended reforms to provide better protection for consumers from unfair charges in small print.”

Full report

Law Commission, 19th March 2013

Source: www.justice.gov.uk/lawcommission

Law commissions urge tougher action on hidden charges – BBC News

Posted March 19th, 2013 in consumer protection, contracts, fees, Law Commission, news, reports, unfair contract terms by sally

“Consumers need more protection against hidden charges often tucked away in the
small print, according to two bodies responsible for promoting law reform.”

Full story

BBC News, 19th March 2013

Source: www.bbc.co.uk