In the matter of L and B (Children) – Supreme Court

Posted February 21st, 2013 in appeals, child abuse, judges, judgments, law reports, Supreme Court by sally

In the matter of L and B (Children) [2013] UKSC 8 | UKSC 2012/0263 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

In the matter of J (Children) – Supreme Court

In the matter of J (Children) [2013] UKSC 9 | UKSC 2012/0128 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

BAILII: Recent Decisions

Posted February 21st, 2013 in law reports by sally

Supreme Court

L and B (Children), Re [2013] UKSC 8 (20 February 2013)

J (Children), Re [2013] UKSC 9 (20 February 2013)

Sharif v The London Borough of Camden [2013] UKSC 10 (20 February 2013)

Court of Appeal (Civil Division)

Ricoh Europe Holdings BV & Ors v Spratt & Anor [2013] EWCA Civ 92 (19 February 2013)

DD v Durham County Council & Anor [2013] EWCA Civ 96 (19 February 2013)

Hawes v Burgess & Anor [2013] EWCA Civ 74 (19 February 2013)

Smeaton v Equifax Plc [2013] EWCA Civ 108 (20 February 2013)

High Court (Administrative Court)

Zeqaj v Government of Albania [2013] EWHC 261 (Admin) (20 February 2013)

Amirifard, R (on the application of) v Secretary of State for the Home Department [2013] EWHC 279 (Admin) (19 February 2013)

Tewkesbury Borough Council v Secretary of State for Communities and Local Government & Ors [2013] EWHC 286 (Admin) (20 February 2013)

High Court (Chancery Division)

Mahtani & Anor v Sippy & Ano [2013] EWHC 285 (Ch) (19 February 2013)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted February 21st, 2013 in legislation by sally

The Inspectors of Education, Children’s Services and Skills Order 2013

The Export Control (Iran Sanctions) (Amendment) Order 2013

The Control of Donations and Regulation of Loans etc. (Extension of the Prescribed Period) (Northern Ireland) Order 2013

The National Health Service (Revision of NHS Constitution—Principles) Regulations 2013

The Competition Act 1998 (Consequential Provisions) Order 2013

Source: www.legislation.gov.uk

Court of Appeal gives judgment on credit reference agencies and accuracy of personal data – Panopticon

Posted February 21st, 2013 in appeals, consumer credit, data protection, defamation, loans, news by sally

“The fourth data protection principle requires that ‘personal data shall be accurate and, where necessary, kept up to date’. It does not, however ‘impose an absolute and unqualified obligation on [data controllers] to ensure the entire accuracy of the data they maintain. Questions of reasonableness arise in the application of the fourth principle, as paragraph 7 of Part II of Schedule I spells out.’ This statement by Davis LJ (at para. 80) encapsulates the case of Smeaton v Equifax plc [2013] EWCA Civ 108, in which the Court of Appeal handed down judgment today.”

Full story

Panopticon, 20th February 2013

Source: www.panopticonblog.com

8,000 criminals given at least 11 community sentences before being jailed – Daily Telegraph

Posted February 21st, 2013 in community service, detention, news, recidivists, sentencing, statistics by sally

“Almost 8,000 criminals sent to prison last year had been given at least 11 community sentences before finally being jailed, figures showed.”

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Daily Telegraph, 21st February 2013

Source: www.telegraph.co.uk

Badmouthing the pope in heated news room does not amount to harassment – UK Human Rights Blog

Posted February 21st, 2013 in appeals, employment tribunals, harassment, news, religious discrimination by sally

“The Employment Appeal Tribunal (EAT) has found that the use of bad language was evidently merely an expression of bad temper and not intended to express hostility to the Pope or Catholicism and that it did not constitute harassment within the meaning of the Employment Equality (Religion or Belief) Regulations 2003.”

Full story

UK Human Rights Blog, 20th February 2013

Source: www.ukhumanrightsblog.com

Lawyers debate whether trial by jury is the best option – BBC News

Posted February 21st, 2013 in criminal justice, juries, news, trials by sally

“John Cooper QC and Kirsty Brimelow QC discuss whether trial by jury is the best option.”

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BBC News, 21st February 2013

Source: www.bbc.co.uk

Vicky Pryce trial: Q: ‘Can a juror come to a verdict based on a reason that was not presented in court and has no facts or evidence to support it?’ – The Independent

Posted February 21st, 2013 in juries, news, retrials by sally

” … and nine other questions posed by the jury before the judge decided to order a retrial.”

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The Independent, 21st February 2013

Source: www.independent.co.uk

Vicky Pryce faces retrial after jury ‘fails to grasp basics’ – The Guardian

“Vicky Pryce, the ex-wife of the disgraced cabinet minister Chris Huhne, faces a retrial next week over taking speeding points for him because a jury failed to reach a verdict, after suffering what the judge described as ‘absolutely fundamental deficits in understanding’.”

Full story

The Guardian, 20th February 2013

Source: www.guardian.co.uk

Damian Green: Unacceptable delays in criminal justice system – Ministry of Justice

Posted February 20th, 2013 in criminal justice, delay, magistrates, news by sally

“There are unacceptable delays in Magistrates’ Courts which slows down justice for victims, said Justice Minister Damian Green as he announced plans to modernise the system.”

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Ministry of Justice, 19th February 2013

Source: www.justice.gov.uk

Diversity Review of Complaints Processes – Bar Standards Board

Posted February 20th, 2013 in barristers, complaints, diversity, minorities, news, professional conduct by sally

“The Bar Standards Board has commissioned an external agency to review its professional conduct complaints processes. The action was taken following an internal report which showed that Black and Minority Ethnic (BME) barristers were over represented in the complaints process.”

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Bar Standards Board, 19th February 2013

Source: www.barstandardsboard.org.uk

Whistleblowing, forgotten children and the legal future of Wales –

Posted February 20th, 2013 in children, constitutional law, news, Wales, whistleblowers by sally

“Joining us this week is Theo Huckle QC, the chief legal officer of Wales who – controversially – says it’s ‘inevitable’ that Wales will become a separate legal jurisdiction. Are centuries of legal union with England really coming to an end?”

Listen

BBC Law in Action, 19th February 2013

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 20th, 2013 in legislation by sally

The Scotland Act 1998 (Modification of Schedule 5) (No. 2) Order 2013

The Water Fluoridation (Proposals and Consultation) (England) Regulations 2013

The Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2013

The Crime (International Co-operation) Act 2003 (Designation of Participating Countries) (England, Wales and Northern Ireland) Order 2013

The National Health Service Litigation Authority (Establishment and Constitution) Amendment Order 2013

The Teachers’ Pensions (Amendment) Regulations 2013

Source: www.legislation.gov.uk

Frances Andrade case: the treatment of vulnerable victims in the court system – Halsbury’s Law Exchange

Posted February 20th, 2013 in news, sexual offences, suicide, trials, victims, witnesses by sally

“The recent suicide of Frances Andrade has sparked debate once again on the treatment of victims by the court system. Mrs Andrade had, days earlier, testified at the trial of her former music teacher, accused of rape and sexual abuse of her over a period of years during her teens. She took her own life whilst the trial was still continuing, but this information was subject to a reporting injunction until the trial had concluded.”

Full story

Halsbury’s Law Exchange, 20th February 2013

Source: www.halsburyslawexchange.co.uk

Man jailed over house gas blast that killed toddler neighbour – The Guardian

Posted February 20th, 2013 in criminal damage, news, sentencing by sally

“A man who deliberately blew up his house in an explosion that killed a neighbouring toddler has been jailed for 10 years.”

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The Guardian, 19th February 2013

Source: www.guardian.co.uk

Young offenders: raising the age of criminal responsibility – Halsbury’s Law Exchange

Posted February 20th, 2013 in bills, children, criminal responsibility, news, young persons by sally

“There is a private members Bill making its way slowly through Parliament seeking a simple change in the law by replacing the word ‘ten’ with the word ‘twelve’ in s 50 of the Children and Young Persons Act 1933.”

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Halsbury’s Law Exchange, 19th February 2013

Source: www.halsburyslawexchange.co.uk

The never-ending story: publication of Legal Education and Training Review delayed again – Legal Futures

Posted February 20th, 2013 in legal education, news by sally

“Completion of the much-anticipated Legal Education and Training Review (LETR) has been delayed once again.”

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Legal Futures, 20th February 2013

Source: www.legalfutures.co.uk

Advertising bodies loosen rules on price comparisons and on displaying VAT-exclusive prices – OUT-LAW.com

Posted February 20th, 2013 in advertising, consumer protection, news, VAT by sally

Businesses will be given more freedom to compare the price of their products to those of rivals under changes made to the UK’s advertising rules.

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OUT-LAW.com, 20th February 2013

Source: www.out-law.com

Iranian torture guard refused UK citizenship – BBC News

Posted February 20th, 2013 in armed forces, citizenship, crimes against humanity, immigration, Iran, news by sally

“An Iranian army conscript has been refused UK citizenship after a judge ruled he had been too closely linked with ‘crimes against humanity’.”

Full story

BBC News, 19th February 2013

Source: www.bbc.co.uk