Leveson report: Lords unveil proposals in frustration at lack of progress – The Guardian

Posted February 5th, 2013 in arbitration, bills, defamation, media, news, parliament, reports by sally

“Frustration in the Lords at the lack of progress over the Leveson report has led four peers to table measures to introduce a low-cost arbitration service for defamation, as recommended by Lord Justice Leveson in the defamation bill.”

Full story

The Guardian, 4th February 2013

Source: www.guardian.co.uk

Woman left fighting for life after gastric bypass surgery went wrong is awarded £35,000 compensation – The Independent

Posted February 5th, 2013 in compensation, hospitals, medical treatment, news by sally

“A woman who was left fighting for her life after gastric bypass surgery went wrong has been awarded £35,000.”

Full story

The Independent, 4th February 2013

Source: www.independent.co.uk

Nathan Rawling jailed for ‘murderous’ baby attack – BBC News

Posted February 5th, 2013 in children, grievous bodily harm, news, sentencing by sally

“A man who caused a one-month-old boy life-threatening injuries including two
punctured lungs and 26 rib fractures has been jailed for 10 years.”

Full story

BBC News, 4th February 2013

Source: www.bbc.co.uk

Firkin brothers’ murder convictions questioned after witness jailed – BBC News

Posted February 5th, 2013 in evidence, murder, news, retrials, sentencing, witnesses by sally

“The conviction of Robert and Lee Firkins for one of Cornwall’s most notorious
murders has been cast into doubt, the BBC has learned.”

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BBC News, 5th February 2013

Source: www.bbc.co.uk

Cruddas wins libel payout over former Blair aide’s Twitter slurs – The Guardian

Posted February 4th, 2013 in damages, defamation, internet, news by sally

“Peter Cruddas, the former Conservative Party co-treasurer, has won £45,000 in libel damages plus costs from a former private secretary to Tony Blair who repeatedly alleged he was a criminal who flouted electoral law.”

Full story

The Guardian, 4th February 2013

Source: www.guardian.co.uk

Childless couple jailed over baby smuggled from Africa – Daily Telegraph

Posted February 4th, 2013 in child abduction, news, possession of false identity documents by sally

“A childless couple who desperately tried to start a family for more than a
decade have been jailed for smuggling in a baby from Africa.”

Full story

Daily Telegraph, 4th February 2013

Source: www.telegraph.co.uk

Essex Police sued over Lee Balkwell cement mixer death – BBC News

“Essex Police is to be sued over its investigation into the death of a man found
with multiple injuries in a cement mixer.”

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BBC News, 4th February 2013

Source: www.bbc.co.uk

Chris Huhne admits perverting the course of justice – BBC News

“Former cabinet minister Chris Huhne has admitted perverting the course of justice over claims his ex-wife took speeding points for him a decade ago. The Liberal Democrat MP, 58, changed his plea on the first day of his trial at Southwark Crown Court. He could face a prison sentence for the offence.”

Full story

BBC News. 4th February 2013

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 4th, 2013 in law reports by sally

Court of Appeal (Civil Division)

Dickinson & Ors v Tesco Plc & Ors [2013] EWCA Civ 36 (04 February 2013)

Zaki & Ors v Credit Suisse (UK) Ltd [2013] EWCA Civ 14 (01 February 2013)

High Court (Administrative Court)

MB & Ors v Secretary of State for Home Department [2013] EWHC 123 (Admin) (01 February 2013)

Ali Hussein v Secretary of State for Defence [2013] EWHC 95 (Admin) (01 February 2013)

High Court (Commercial Court)

NYK Bulkship (Atlantic) NV v Cargill International SA [2013] EWHC 30 (Comm) (01 February 2013)

High Court (Queen’s Bench Division)

Yam Seng PTE Ltd v International Trade Corporation Ltd [2013] EWHC 111 (QB) (01 February 2013)

Makudi v Baron Triesman of Tottenham in London Borough of Haringey [2013] EWHC 142 (QB) (01 February 2013)

High Court (Technology and Construction Court)

Atkins Ltd v Secretary of State for Transport [2013] EWHC 139 (TCC) (01 February 2013)

Aldersgate Estates Ltd v HAM Construction Ltd [2013] EWHC 104 (TCC) (31 January 2013)

Lazari v London & Newcastle (Camden) Ltd [2013] EWHC 97 (TCC) (31 January 2013)

Source: www.bailii.org

 

 

D and another v Refugee Applications Commissioner (Ireland) and others – WLR Daily

Posted February 4th, 2013 in appeals, asylum, EC law, immigration, law reports by sally

D and another v Refugee Applications Commissioner (Ireland) and others: (Case C-175/11);   [2013] WLR (D)  39

“Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in member states for granting and withdrawing refugee status (OJ 2005 L326, p 13) did not preclude a member state from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that Directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant. Article 39 did not preclude national legislation which allowed an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which might be the subject of an appeal to the Supreme Court (Ireland).”

WLR Daily, 31st January 2013

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 4th, 2013 in legislation by sally

The Welfare Reform Act 2012 (Commencement No.7) Order 2013

The Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted February 4th, 2013 in parliamentary papers by sally

Banking reform: a new structure for stability and growth, Cm 8545 (PDF)

Source: www.official-documents.gov.uk

Collective Actions: loss in complex cases – Competition Bulletin from Blackstone Chambers

Posted February 4th, 2013 in class actions, competition, enforcement, news by sally

“The big news from last week’s UK announcement on reforming private competition enforcement is that the government plans to introduce opt-out class actions for competition claims.”

Full story

Competition Bulletin from Blackstone Chambers, 4th February 2013

Source: www.competitionbulletin.com

Court opens way to divorces by Sharia? Hold on a minute…- UK Human Rights Blog

Posted February 4th, 2013 in arbitration, child abduction, consent orders, divorce, Judaism, news by sally

“AI v MT [2013] EWHC 100 (Fam). The Times (amongst others) today deserves a spell on the legal naughty step. Its headline announces that a judge’s decision ‘opens way to divorces by Sharia’. One might expect therefore to find that the judgment giving rise to the headline – the decision of Baker J in the Family Court in AI v MT – was about Sharia law, or otherwise had something to do with it. In fact the judgment concerned a Jewish divorce under the auspices of the Beth Din, and had nothing to do with Sharia at all.”

Full story

UK Human Rights Blog, 1st February 2013

Source: www.ukhumanrightsblog.com

Regulators warned over covert surveillance of businesses thought to be selling age-restricted products to children – OUT-LAW.com

Posted February 4th, 2013 in codes of practice, investigatory powers, news, privacy, young persons by sally

“Enforcement bodies have been warned about disproportionately invading traders’
privacy when carrying out checks over the way age-restricted products are sold.”

Full story

OUT-LAW.com, 1st February 2013

Source: www.out-law.com

Hargreaves supportive of Government copyright reforms but questions limitations to private copying exception – OUT-LAW.com

Posted February 4th, 2013 in copyright, EC law, intellectual property, news by sally

“The academic who led the most recent official review into the UK’s intellectual
property (IP) framework has questioned whether the Government’s plans to enable
individuals to make private copies of copyrighted material go far enough.”

Full story

OUT-LAW.com, 1st February 2013

Source: www.out-law.com

When a deficiency makes no difference – NearlyLegal

Posted February 4th, 2013 in homelessness, housing, local government, news by sally

“The question for the Court of Appeal in this second appeal from a homeless appeal, was ‘How should the courts deal with a plainly deficient homelessness decision when the deficiency has had no adverse consequences for the applicant?’. The issue being the effect of the lack of a ‘minded to’ letter requesting submissions under Regulation 8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999. As we’ll see, the Court of Appeal agrees on the result, but not on the way of getting to it.”

Full story

NearlyLegal, 3rd February 2013

Source: www.nearlylegal.co.uk/blog/

Undue Influence in the Family – A 2013 Update – Family Law Week

Posted February 4th, 2013 in families, loans, mortgages, news, undue influence by sally

“Luke Barnes, barrister at Three Dr Johnson’s Buildings, examines the issue of undue influence in family matters.”

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Family Law Week, 1st February 2013

Source: www.familylawweek.co.uk

Gay asylum seekers feeling increased pressure to prove sexuality, say experts – The Guardian

Posted February 4th, 2013 in asylum, evidence, homosexuality, human rights, immigration, news by sally

“Gay asylum seekers are increasingly going to extreme lengths to meet immigration officials’ demands that they prove their sexual identity or else be returned to countries where they face persecution.”

Full story

The Guardian, 3rd February 2013

Source: www.guardian.co.uk

May Lewis Cardiff lift death: Unlawful killing verdict – BBC News

“An inquest jury has returned a verdict of unlawful killing on a 96-year-old woman in a wheelchair who died in a lift shaft fall.”

Full story

BBC News, 1st February 2013

Source: www.bbc.co.uk