Regina (Purnell) v South Western Magistrates’ Court – WLR Daily

Posted February 21st, 2013 in enforcement, fines, law reports, news, proportionality by sally

Regina (Purnell) v South Western Magistrates’ Court [2013] EWHC 64 (Admin); [2013] WLR (D) 61

Courts had to inquire closely before making an order for the payment of a fine at any enforcement hearing as to whether there were any outstanding fines and make clear the serious consequences to the offender or defaulter in not providing accurate information.

WLR Daily, 23rd February 2013

Source: www.iclr.co.uk

Regina (KA) v Essex County Council – WLR Daily

Posted February 21st, 2013 in children, human rights, immigration, law reports, local government by sally

Regina (KA) v Essex County Council [2013] EWHC 43 (Admin); [2013] WLR (D) 60

Where an illegal entrant had been refused leave to remain but nevertheless had a substantive claim under the Convention for the Protection of Human Rights and Fundamental Freedoms, for example to a family or private life in this country, that would found an appeal against removal directions if made, it was necessary in for a local authority to consider whether, on the facts, support should be provided under the Children Act 1989 in order to avoid a breach of those rights as part of the procedural protection afforded by the Convention.

WLR Daily, 18th January 2013

Source: www.iclr.co.uk

Moore v British Waterways Board – WLR Daily

Posted February 21st, 2013 in appeals, canals, law reports, notification, rights of way by sally

Moore v British Waterways Board [2013] EWCA Civ 73; [2013] WLR (D) 59

“At common law a riparian owner who did not own the river bed had no right to moor vessels there permanently. However, absence of a right to moor did not necessarily mean that a vessel was moored ‘without lawful authority’ within section 8 of the British Waterways Act 1983, which empowered the British Waterways Board to remove a vessel.”

WLR Daily, 14th Febraury 2013

Source: www.iclr.co.uk

Szpak v Secretary of State for Work and Pensions – WLR Daily

Posted February 21st, 2013 in appeals, immigration, law reports, migrant workers, news, social security by sally

Szpak v Secretary of State for Work and Pensions [2013] EWCA Civ 46; [2013] WLR (D) 58

“Where a foreign national working in the United Kingdom applied late to be registered under the Accession (Immigration and Worker Registration) Regulations 2004 and his worker registration certificate was issued three months after commencing employment and covering only nine months of employment the certificate did not have retrospective effect so as to qualify him, under regulation 2(4), to claim the benefit as ‘legally working’ in the United Kingdom for 12 months for an ‘authorised employer’.”

WLR Daily, 13th February 2013

Source: www.iclr.co.uk

Regina (Children’s Rights Alliance for England) v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily

Regina (Children’s Rights Alliance for England) v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2013] EWCA Civ 34; [2013] WLR (D) 57

The constitutional right of access to the courts was properly to be understood as a duty owed by the state not to place obstacles in the way of access to justice, and did not entail a positive duty to seek out and notify individuals with potential claims against the state; nor was there anything in the Strasbourg jurisprudence on articles 3, 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to justify the imposition of such a duty.

WLR Daily, 6th February 2013

Source: www.iclr.co.uk

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) – Supreme Court

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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.”

Full story

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