Cracking the Electronic Communications Code – Law Commission

Posted February 28th, 2013 in electronic mail, internet, Law Commission, news, reports, telecommunications by sally

“In a report published today the Law Commission is recommending reforms that will bring the Electronic Communications Code up to date with modern technology while continuing to balance the rights of landowners and the public demand for modern communications services.”

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Law Commission, 28th February 2013

Source: www.lawcommission.justice.gov.uk

Command Papers – official-documents.gov.uk

Posted February 28th, 2013 in parliamentary papers by sally

Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Georgia concerning Air Services, Cm 8575 (PDF)

Source: www.official-documents.gov.uk

Queens Counsel in England and Wales 2013 – Ministry of Justice

Posted February 28th, 2013 in news, queen's counsel by sally

“Her Majesty the Queen has approved the appointment of 84 new Queen’s Counsel. The full list in seniority order is available below.”

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Ministry of Justice, 27th February 2013

Source: www.justice.gov.uk

High Court challenge over banned ‘ex-gay’ bus advert – BBC News

“A ban on a bus advert claiming gay people can be “cured” is to be challenged in the High Court.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 28th, 2013 in law reports by sally

Supreme Court

The Financial Services Authority (FSA) v Sinaloa Gold plc & Ors [2013] UKSC 11 (27 February 2013)

Davies & Anor (t/a All Stars Nursery) v The Scottish Commission for the Regulation of Care (Scotland) [2013] UKSC 12 (27 February 2013)

Heritable Bank plc, Administrators of v The Winding-Up Board of Landsbanki Islands HF [2013] UKSC 13 (27 February 2013)

Court of Appeal (Criminal Division)

Clarke & Anor, R v [2013] EWCA Crim 162 (26 February 2013)

Court of Appeal (Civil Division)

Davies v Sandwell Metropolitan Borough Council [2013] EWCA Civ 135 (26 February 2013)

Attwood & Ors v Maidment [2013] EWCA Civ 119 (26 February 2013)

Thomas v Curley [2013] EWCA Civ 117 (26 February 2013)

Omar & Ors, R (on the applicatiom of) v Secretary of State for Foreign & Commonwealth Affairs [2013] EWCA Civ 118 (27 February 2013)

High Court (Queen’s Bench Division)

Uren v Corporate Leisure (UK) Ltd & Anor [2013] EWHC 353 (QB) (26 February 2013)

High Court (Chancery Division)

Universal Project Management Services Ltd v Fort Gilkicker Ltd & Ors [2013] EWHC 348 (Ch) (26 February 2013)

High Court (Administrative Court)

Zacchaeus 2000 Trust, R (on the application of) v Secretary of State for Work and Pensions [2013] EWHC 233 (Admin) (15 February 2013)

High Court (Commercial Court)

Novasen SA v Alimenta SA [2013] EWHC 345 (Comm) (27 February 2013)

Source: www.bailii.org

Review of published evidence on the equality of pay in legal services – Legal Services Board

Posted February 28th, 2013 in diversity, equal pay, legal services, news, reports by sally

“Studies of earnings in the legal profession have consistently shown that women earn less than men and that individuals from Black and Minority Ethnic (BME) groups earn less than their white colleagues. This is confirmed in a review by the Legal Services Board (LSB) of the quantitative data available on the earnings of legal professionals in England and Wales. The LSB published the Review of published evidence on the equality of pay in legal services on 28 February 2013.”

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Legal Services Board, 28th February 2013

Source: www.legalservicesboard.org.uk

Sun cleared of subterfuge over article on Norfolk Broads deaths – The Guardian

Posted February 28th, 2013 in complaints, evidence, media, news, police by sally

“The Sun did not breach rules on subterfuge when it obtained details of a police evidence list at the scene of the Norfolk Broads deaths, the press watchdog has ruled.”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk

Melloni v Ministerio Fiscal – WLR Daily

Posted February 28th, 2013 in EC law, human rights, law reports, warrants by sally

Melloni v Ministerio Fiscal (Case C-399/11); [2013] WLR (D) 83

“Article 4a(1) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states (as amended by Council Framework Decision 2009/299/JHA of 26 February 2009) precluded the executing judicial authorities, in the circumstances specified in that provision, from making the execution of a European arrest warrant, issued for the purposes of executing a sentence, conditional upon the conviction rendered in absentia being open to review in the issuing member state. Article 4a(1) of Framework Decision 2002/584 was compatible with the requirements under articles 47 and 48(2) of the Charter of Fundamental Rights of the European Union. Article 53 of the Charter did not allow a member state to make the surrender of a person convicted in absentia conditional upon the conviction being open to review in the issuing member state, in order to avoid an adverse effect on the right to a fair trial and the rights of the defence guaranteed by its constitution.”

WLR Daily, 26th February 2013

Source: www.iclr.co.uk

Universal Project Management Services Ltd v Fort Gilkicker Ltd and others – WLR Daily

Universal Project Management Services Ltd v Fort Gilkicker Ltd and others [2013] EWHC 348 (Ch); [2013] WLR (D) 82

“English common law recognised multiple derivative actions before the coming into force of the Companies Act 2006 and they had survived the coming into force of that Act.”

WLR Daily, 26th February 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 28th, 2013 in legislation by sally

The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2013

The National Health Service (Clinical Commissioning Groups— Disapplication of Responsibility) Regulations 2013

The National Health Service (Pharmaceutical and Local Pharmaceutical Services) Regulations 2013

The Welfare Reform Act 2012 (Commencement No.8 and Savings and Transitional Provisions) Order 2013

The Late Payment of Commercial Debts Regulations 2013

The Controlled Drugs (Supervision of Management and Use) Regulations 2013

The National Health Service (Primary Ophthalmic Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

The Trial of Pyx Order 1975

The Trial of Pyx (Amendment) Order 1983

The Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2013

The Environmental Permitting (England and Wales) (Amendment) Regulations 2013

The National Savings Stock Register (Amendment) Regulations 2013

The Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) (Amendment) Regulations 2013

The Profits from Patents (EEA Rights) Order 2013

The Payment to Treasury of Penalties (Enforcement Costs) Order 2013

The National Health Service (Primary Dental Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

The National Health Service (Primary Medical Services) (Miscellaneous Amendments and Transitional Provisions) Regulations 2013

The National Health Service (Performers Lists) (England) Regulations 2013

The Financial Services and Markets Act 2000 (Qualifying EU Provisions) Order 2013

Source: www.legislation.gov.uk

Justice ministry under pressure to curb attacks on family court judges – The Guardian

Posted February 28th, 2013 in assault, family courts, harassment, judges, news by sally

“Judges dealing with sensitive issues – including child custody – in the family courts have had hate mail sent to their homes, been physically attacked and been victims of attempted assaults in court buildings, according to information obtained by the Guardian.”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) – Supreme Court

Posted February 28th, 2013 in appeals, banking, cross-claims, insolvency, law reports, Scotland, Supreme Court by sally

Joint Administrators of Heritable Bank plc (Respondent) v The Winding-Up Board of Landsbanki Islands HF (Appellant) (Scotland) [2013] UKSC 13 | UKSC 2011/0234 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) – Supreme Court

Posted February 28th, 2013 in appeals, children, law reports, Scotland, social services, Supreme Court by sally

Davies and another t/a All Stars Nursery (Appellants) v. The Scottish Commission for the Regulation of Care (Scotland) (Respondent) [2013] UKSC 12 | UKSC 2012/0048 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) – Supreme Court

The Financial Services Authority (a company limited by guarantee) (Respondent) v Sinaloa Gold plc and others (Respondents) and Barclays Bank plc (Appellant) [2013] UKSC 11 | UKSC 2011/0244 (YouTube)

Supreme Court, 27th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Attack of the Clones: Supreme Court keeps its white male first eleven – UK Human Rights Blog

Posted February 28th, 2013 in courts, diversity, judges, news, Supreme Court by sally

“Baroness Helena Kennedy has argued that judges have a tendency to clone themselves when choosing successors. It is hard to avoid that impression in the Supreme Court, which kept its white male first eleven in place yesterday by appointing three new justices: Lord Justice Hughes, Lord Justice Toulson and Lord Hodge. The sole woman amongst 12 justices of our highest appeal court remains Lady Hale. There are no black or Asian judges, not have there ever been.”

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UK Human Rights Blog, 27th February 2013

Source: www.ukhumanrightsblog.com

Divorce costs warning issued to lawyers – The Guardian

Posted February 28th, 2013 in costs, divorce, families, legal ombudsman, legal services, news by sally

“Some solicitors are failing to advise divorcees to settle courtroom battles before costs rise out of control because of the ’emotional rawness’ of those involved, according to the legal ombudsman.”

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The Guardian, 28th February 2013

Source: www.guardian.co.uk

Tamil deportations from UK blocked by London High Court – BBC News

Posted February 28th, 2013 in asylum, deportation, news, torture by sally

“The High Court in London has blocked the deportation of a group of failed Tamil asylum seekers scheduled to be sent back to Sri Lanka on Thursday.”

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BBC News, 28th February 2013

Source: www.bbc.co.uk

Three men convicted of sex-trafficking 13-year-old girl – The Guardian

Posted February 28th, 2013 in children, drug offences, news, rape, sexual offences, trafficking in human beings by sally

“Three men have been convicting of abducting a 13-year-old girl and forcing her to become their sex slave.”

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The Guardian, 17th February 2013

Source: www.guardian.co.uk

‘Risk-Assessed’ supervision consultation launched – Bar Standards Board

Posted February 28th, 2013 in barristers, consultations, news, quality assurance by sally

“Sets of chambers and barristers have the opportunity to influence how they are supervised by the Bar Standards Board (BSB) by taking part in a consultation exercise launched today.”

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Bar Standards Board, 26th February 2013

Source: www.barstandardsboard.org.uk

UK files on murdered spy Litvinenko must stay secret, rules coroner – The Guardian

Posted February 28th, 2013 in confidentiality, disclosure, documents, inquests, intelligence services, murder, news by sally

“Media groups have expressed disappointment after a coroner ruled that secret government files on the murdered Russian spy Alexander Litvinenko would be examined in private.”

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The Guardian, 27th February 2013

Source: www.guardian.co.uk