Abusive tweeter John Graham Kerlen avoids jail – The Independent

Posted May 10th, 2012 in community service, costs, internet, news, restraining orders by sally

“A blogger who called a councillor a ‘c***’ on Twitter and invited people to put excrement through his letter box avoided a jail sentence today.”

Full story

The Independent, 9th May 2012

Source: www.independent.co.uk

Civil court system faces ‘meltdown’ – Law Society’s Gazette

Posted May 10th, 2012 in civil justice, courts, family courts, news by sally

“The civil and family court system is facing the prospect of chaos as the government prepares to cut face-to-face counter services and problems persist at the Salford civil claims centre, lawyers have warned.”

Full story

Law Society’s Gazette, 10th May 2012

Source: www.lawgazette.co.uk

Abu Qatada deportation appeal rejected by human rights court – The Guardian

Posted May 10th, 2012 in appeals, deportation, human rights, news, terrorism by sally

“The home secretary, Theresa May, is to make a renewed attempt to deport Abu Qatada after judges at the European court of human rights rejected his appeal to the Strasbourg court.”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 10th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Helena Partnerships Ltd v HM Revenue and Customs [2012] EWCA Civ 569 (09 May 2012)

Barker v Hambleton District Council [2012] EWCA Civ 610 (09 May 2012)

London Borough of Enfield v Outdoor Plus Ltd & Anor [2012] EWCA Civ 608 (09 May 2012)

Slater v Stephen Mark St Patrick Condappa [2012] EWCA Civ 598 (09 May 2012)

Owen Ernest Wood & Ors v Hudson Industrial Services Ltd [2012] EWCA Civ 599 (09 May 2012)

LE (Jamaica), R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 597 (09 May 2012)

Scottish Widows Fund and Life Assurance Society v BGC International [2012] EWCA Civ 607 (09 May 2012)

High Court (Queen’s Bench Division)

Zhang v Homerton University Hospitals NHS Foundation Trust [2012] EWHC 1208 (QB) (09 May 2012)

Cornish v General Medical Council [2012] EWHC 1196 (QB) (09 May 2012)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2012] EWHC 1189 (QB) (09 May 2012)

High Court (Chancery Division)

Workman & Anor v Tag Capital Ventures Ltd (Rev 1) [2012] EWHC 1171 (Ch) (08 May 2012)

Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) (09 May 2012)

High Court (Administrative Court)

London Borough of Harrow v Ayiku [2012] EWHC 1200 (Admin) (09 May 2012)

Source: www.bailii.org

Anaesthetist who took drugs before going into the operating theatre loses appeal – Daily Telegraph

“A hospital doctor who took handfuls of pain killers and injected himself with drugs before work each morning was rightly struck off for his ‘blatant disregard for patient safety’, the High Court has ruled.”

Full story

Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

Advance decisions: a rare and welcome judicial look – Halsbury’s Law Exchange

Posted May 10th, 2012 in health, mental health, news by sally

“The Mental Capacity Act 2005 contains detailed provision for advance decisions – otherwise known as advance directives: see ss 24, 25 and 26. These are statements made by a person when capacitous, which may apply when the person loses capacity. If they are ‘valid and applicable’ they have the same effect as if made by that person capacitously. A competent patient has the right to refuse even life-sustaining treatment.”

Full story

Halsbury’s Law Exchange, 9th May 2012

Source: www.halsburyslawexchange.co.uk

Rochdale gang jailed for total of 77 years for sexually exploiting young girls – The Guardian

Posted May 10th, 2012 in news, rape, sentencing, sexual offences, trafficking in human beings by sally

“Nine men have received heavy jail sentences at Liverpool crown court for their part in a child sexual exploitation gang that groomed young vulnerable girls in Rochdale.”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

Prisoners launch High Court challenge to keep more of their wages – Daily Telegraph

Posted May 10th, 2012 in employment, news, prisons, rehabilitation, remuneration, victims by sally

“Prisoners who take jobs outside jail have launched a High Court challenge to keep a great share of their wages, claiming too much goes to victim support.”

Full story

Daily Telegraph, 9th May 2012

Source: www.telegraph.co.uk

Should we outlaw genetic discrimination? – UK Human Rights Blog

“Earlier this month the Association of British Insurers announced the latest extension on the moratorium on the use of genetic test results for insurance purposes. But is this ‘Concordat’ sufficient protection? Genetic technologies are becoming increasingly available and profound questions are arising in relation to life and health insurance and employability as genetic screening becomes cheaper and widespread.”

Full story

UK Human Rights Blog, 9th May 2012

Source: www.ukhumanrightsblog.com

Justice system criticised as Spectator faces £5,000 fine over article that jeopardised Stephen Lawrence trial – The Independent

Posted May 10th, 2012 in contempt of court, fines, media, news, reporting restrictions by sally

“The father of Stephen Lawrence renewed his criticisms of the criminal justice system today after it emerged that the Spectator magazine faces a maximum £5,000 fine over an article written by Rod Liddle that jeopardised the trial of two of the black teenager’s racist killers.”

Full story

The Independent, 9th May 2012

Source: www.independent.co.uk

Parents reunited with baby after court rules fractures were caused by rickets – The Guardian

Posted May 10th, 2012 in child abuse, health, miscarriage of justice, news by sally

“A couple accused of abusing their baby after 17 fractures were discovered have welcomed a court ruling which found that the fractures were not caused by abuse but by the bone-weakening disease rickets.”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

Televising trials: What can be learned from US? – BBC News

Posted May 10th, 2012 in courts, media, news, witnesses by sally

“Television cameras are to be allowed to film courts in England and Wales for the first time, it has been announced in the Queen’s Speech. What can be learned from the experience in the United States and Scotland?”

Full story

BBC News, 10th May 2012

Source: www.bbc.co.uk

New Bill will reform libel laws – The Independent

Posted May 10th, 2012 in bills, defamation, freedom of expression, news by sally

“A Bill to protect freedom of speech and reform the libel laws is to be introduced into Parliament, it was announced in the Queen’s Speech.”

Full story

The Independent, 9th May 2012

Source: www.independent.co.uk

Queen’s speech puts ‘growth, justice and constitutional reform’ at its heart – The Guardian

Posted May 10th, 2012 in bills, constitutional reform, news, parliament, speeches by sally

“Lords reform takes centre stage in legislative agenda, alongside measures to support families, change employment law and reform pensions”

Full story

The Guardian, 9th May 2012

Source: www.guardian.co.uk

Related link: Queen’s speech 2012 – full text

US self-defence expert banned from entering UK – BBC News

Posted May 9th, 2012 in immigration, news, self-defence, violence by sally

“An American expert in violent self-defence has been excluded from entering the UK by the Home Office.”

Full story

BBC News, 9th May 2012

Source: www.bbc.co.uk

Taking Control – The Bar Council

Posted May 9th, 2012 in advocacy, barristers, legal education, news, quality assurance by sally

“Lawyers worldwide look to the UK as leading the common law world in terms of its jurisprudence; the challenges to this position; the Bar must fend off consultation fatigue and become part of the debate; education, training and the quality assurance scheme for advocates”

Full story (PDF)

The Bar Council, May 2012

Source: www.barcouncil.org.uk

Finance & Divorce April Update 2012 – Family Law Week

Posted May 9th, 2012 in divorce, families, family courts, news by sally

“Joanna Grandfield, Associate (barrister), Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse the latest key financial remedies cases.”

Full story

Family Law Week, 8th May 2012

Source: www.familylawweek.com

Migrationsverket v Kastrati and Others – WLR Daily

Posted May 9th, 2012 in asylum, EC law, law reports, visas by sally

Migrationsverket v Kastrati and Others (Case C-620/10); [2012] WLR (D) 139

“The withdrawal of an asylum application which occurred before the requested member state had agreed to take charge of the asylum seeker, had the effect that Council Regulation (EC) No 343/2003 which established the criteria and mechanisms for determining the member state responsible for examining an asylum application would no longer be applicable. In such circumstances, it was for the member state within the territory of which the application was lodged to take the decisions required as a result of that withdrawal and to discontinue the examination of the application, with a record of the information relating to it being placed in the applicant’s file.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Posted May 9th, 2012 in damages, ex turpi causa, injunctions, law reports, patents by sally

Les Laboratoires Servier and another v Apotex Inc and others [2012] EWCA Civ 593; [2012] WLR (D) 138

“The court was able to take into account a wide range of considerations in order to ensure that the ex turpi causa defence only applied where it was a just and proportionate response to the illegality in question. Although a party claiming compensation on a cross-undertaking in damages for lost sales of products the manufacture of which infringed a foreign patent was relying on an unlawful act sufficiently causative of its claim to engage the defence in principle, the defence did not apply where the party had believed reasonably and in good faith that the patent was invalid, and the illegality was recognised by making a deduction in the assessment of damages for the amount which the foreign court would have awarded in patent infringement proceedings.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk

Neidel v Stadt Frankfurt am Main – WLR Daily

Posted May 9th, 2012 in EC law, holiday pay, law reports, pensions, working time by sally

Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137

“The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.”

WLR Daily, 3rd May 2012

Source: www.iclr.co.uk