Final Legal Education and Training Review report delayed – Legal Futures

Posted January 14th, 2013 in consultations, legal education, news, reports by sally

“Completion of the much-anticipated Legal Education and Training Review (LETR) has been delayed, it has emerged. The academic team compiling the report after 18 months of research and consultation was meant to have delivered it by the end of 2012.”

Full story

Legal Futures, 14th January 2013

Source: www.legalfutures.co.uk

Judiciary publishes guide for self-represented litigants – Judiciary of England and Wales

Posted January 14th, 2013 in judiciary, litigants in person, press releases by sally

“A guide for self-represented litigants making applications to the Interim Applications Court of the Queen’s Bench Division of the High Court has been published by the judiciary today (Friday 11 January).”

Full press release

Judiciary of England and Wales, 11th January 2013

Source: www.judiciary.gov.uk

Identity of social workers may be published following fostering bungle – UK Human Rights Blog

“Bristol City Council v C and others [2012] EWHC 3748 (Fam). This was an application for a reporting restriction order arising out of care proceedings conducted before the Bristol Family Proceedings Court. The proceedings themselves were relatively straightforward but, in the course of the hearing, information came to light which gave rise to concerns of an ‘unusual nature’, which alerted the interest of the press.”

Full story

UK Human Rights Blog, 13th January 2013

Source: www.ukhumanrightsblog.com

Sunday working case does not establish that all religious discrimination claims will fail – OUT-LAW.com

“A tribunal’s refusal to allow the constructive dismissal claim of a Christian care worker who was required to work on Sundays does not establish that Sunday working will never amount to indirect religious discrimination, an expert has said.”

Full story

OUT-LAW.com, 14th January 2013

Source: www.out-law.com

Michael Jackson fans sentenced for Sony Music hacking – BBC News

Posted January 14th, 2013 in artistic works, computer crime, news, sentencing, suspended sentences by sally

“Two men who admitted hacking Sony Music stealing thousands of hours of music tracks including unreleased material by Michael Jackson, have been spared jail.”

Full story

BBC News, 11th January 2013

Source: www.bbc.co.uk

Jimmy Savile scandal: How will it affect future abuse cases?- BBC News

“Jimmy Savile’s ability to commit hundreds of serious sexual offences inside public institutions, ‘hiding in plain sight’ as Friday’s police and NSPCC report on his crimes puts it, seems almost incredible. And for his victims, it is indeed credibility which is the issue at the heart of this scandal.”

Full story

BBC News, 12th January 2013

Source: www.bbc.co.uk

Husband tricked into believing wife’s children were his awarded £25,000 damages – Daily Telegraph

Posted January 14th, 2013 in bereavement, damages, deceit, DNA, news, paternity by sally

“A husband has won £25,000 in damages for ‘bereavement’ after his wife tricked him into believing children whom he raised until they were teenagers were his rather than the products of affairs.”

Full story

Daily Telegraph, 13th January 2013

Source: www.telegraph.co.uk

Man who threw bottle at Usain Bolt at Olympics found guilty – The Guardian

Posted January 14th, 2013 in bail, DNA, mental health, news, public order, sport, threatening behaviour by sally

“A man who threw a plastic beer bottle at Jamaican sprinter Usain Bolt moments before the Olympic 100m final has been found guilty of public disorder at Stratford magistrates court.”

Full story

The Guardian, 11th January 2013

Source: www.guardian.co.uk

OFT to act on unfair gym membership contracts – The Guardian

Posted January 14th, 2013 in consumer protection, inquiries, news, ombudsmen, unfair contract terms by sally

“At the end of what is always the busiest month of the year for gyms, the OFT is expected to announce that it will outlaw contracts that last longer than 12 months or do not contain a get-out clause for members who, for example, lose their job or sustain an injury. The move follows a year-long investigation into a number of gym chains, believed to include LA Fitness, Fitness First and Bannatyne’s. The OFT is also understood to be looking at debt collectors that some reports say use aggressive practices in chasing money owed to gym groups.”

Full story

The Guardian, 12th January 2013

Source: www.guardian.co.uk

Flat-rate pensions plan revealed – BBC News

Posted January 14th, 2013 in contracting out, national insurance, news, pensions by sally

“Details of the government’s plans to introduce a flat-rate pension by 2017 – equivalent to £144 per week in today’s money – have emerged ahead of an official announcement next week.”

Full story

BBC News, 12th January 2013

Source: www.bbc.co.uk

Barnardo’s concern over child sex trafficking rise – BBC News

Posted January 14th, 2013 in child abuse, news, statistics, trafficking in human beings by sally

“The UK has seen an ‘alarming’ 22% year-on-year rise in children being sexually exploited, the charity Barnardo’s says.”

Full story

BBC News, 13th January 2012

Source: www.bbc.co.uk

Daughter who stole £160,000 to impress father ‘blames herself for his death’ – Daily Telegraph

Posted January 14th, 2013 in assets recovery, fraud, news, proceeds of crime, sentencing, suspended sentences, theft by sally

“A company executive who led a Walter Mitty existence by stealing £160,000 to fund a luxury lifestyle and impress her millionaire father escaped jail after a judge heard she blamed herself for her father’s death.”

Full story

Daily Telegraph, 13th January 2013

Source: www.telegraph.co.uk

Banning drugs drives a ‘rising tide’ of legal highs, peers warn – Daily Telegraph

Posted January 14th, 2013 in crime, drug offences, inquiries, news, parliament by sally

“The current classification system simply cannot keep up as a new legal high emerges every six days in the UK and young people share links to where they can be bought online and via their mobile phones, Baroness Meacher, chairwoman of the parliamentary inquiry into legal highs, said.”

Full story

Daily Telegraph, 14th January 2013

Source: www.telegraph.co.uk

Probe launched: Did drive to track illegal immigrants breach data laws? – The Independent

Posted January 11th, 2013 in data protection, immigration, news by sally

“The information watchdog has launched an investigation into a drive to track down people who are in the country illegally, which was contracted out by the UK Border Agency to private company Capita.”

Full story

The Independent, 11th January 2013

Source: www.independent.co.uk

OFT bars RBS debt collecting that puts homes at risk – Daily Telegaph

Posted January 11th, 2013 in banking, charging orders, debts, news by sally

“Regulator imposes requirements on Royal Bank of Scotland’s use of charging orders – a way of collecting unsecured debts that could see borrowers lose their homes.”

Full story

Daily Telegraph, 11th January 2013

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted January 11th, 2013 in law reports by sally

Court of Appeal (Civil Division)

B ( A Child), Re [2012] EWCA Civ 1742 (21 December 2012)

Harrison (Jamaica) v Secretary of State for the Home Department [2012] EWCA Civ 1736 (21 December 2012)

Bermondsey Village Action Group (Bvag), R (on the application of) v London Borough of Southwark & Ors [2012] EWCA Civ 1738 (21 December 2012)

Essa, R (On the Application Of) v Upper Tribunal (Immigration & Asylum Chamber) & Anor [2012] EWCA Civ 1718 (21 December 2012)

Ryder Plc v Beever [2012] EWCA Civ 1737 (21st December 2012)

Daniel v Revenue and Customs [2012] EWCA Civ 1741 (21 December 2012)

Stringfellow Restaurants Ltd v Quashie [2012] EWCA Civ 1735 (21 December 2012)

Golden Eye (International) Ltd & Ors v Telefónica UK Litd & Anor [2012] EWCA Civ 1740 (21 December 2012)

The Bampton Property Group Ltd & Ors, R (on the application of) v King (An Officer Appointed By Revenue & Customs) [2012] EWCA Civ 1744 (21 December 2012)

Court of Appeal (Criminal Division)

Mehta v R. [2012] EWCA Crim 2824 (31 December 2012)

Faraz v R. [2012] EWCA Crim 2820 (21 December 2012)

Griffiths & Ors v R. [2012] EWCA Crim 2822 (21 December 2012)

Murray & Ors, R v [2012] EWCA Crim 2823 (21 December 2012)

Caley & Ors (Guilty Pleas) v R. [2012] EWCA Crim 2821 (21 December 2012)

High Court (Administrative Court)

Pitblado & Ors v Secretary of State for Communities and Local Government & Anor (Rev 1) [2012] EWHC 3723 (Admin) (21 December 2012)

Estates And Agency Properties Ltd, R (On the Application Of) v Barking And Dagenham & Anor [2012] EWHC 3744 (Admin) (21 December 2012)

Khan, R (On the Application Of) v The Secretary of State for Foreign And Commonwealth Affairs [2012] EWHC 3728 (Admin) (21 December 2012)

Hughes v The Secretary of State for Communities And Local Government [2012] EWHC 3743 (Admin) (21 December 2012)

Coleman, R (on the application of) v London Borough of Barnet Council & Anor [2012] EWHC 3725 (Admin) (21 December 2012)

Van Der Pijl & Anor v The Crown Court At Kingston [2012] EWHC 3745 (Admin) (21 December 2012)

Cornwall Council, R (on the application of) v Wiltshire Council & Ors (Rev 1) [2012] EWHC 3739 (Admin) (21 December 2012)

Momoh, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3740 (Admin) (21 December 2012)

High Court (Chancery Division)

Konica Minolta Business Solutions (UK) v Applegate & Ors [2012] EWHC 3741 (Ch) (21 December 2012)

Thursfield v Thursfield [2012] EWHC 3742 (Ch) (21 December 2012)

Secretary of State for Business, Innovation & Skills v Potiwal (Rev 4) [2012] EWHC 3723 (Ch) (21 December 2012)

Phillips & Ors v Francis & Anor [2012] EWHC 3650 (Ch) (21 December 2012)

Ardagh Group SA v Pillar Property Group Ltd [2012] EWHC 3649 (Ch) (21 December 2012)

High Court (Commercial Court)

CHS Inc Iberica Sl & Anor v Far East Marine SA (M/V “Devon”) [2012] EWHC 3747 (Comm) (21 December 2012)

Barclays Bank Plc v Unicredit Bank AG & Anor [2012] EWHC 3655 (Comm) (21 December 2012)

Falkonera Shipping Co v Arcadia Energy Pte Ltd [2012] EWHC 3678 (Comm) (20 December 2012)

High Court (Family Division)

Bhura v Bhura [2012] EWHC 3633 (Fam)
(17 December 2012)

High Court (Patents Court)

Microsoft Corp v Motorola  Mobility LLC [2012] EWHC 3677 (Pat) (21 December 2012)

High Court (Queen’s Bench Division)

Miller v Associated Newspapers Ltd [2012] EWHC 3721 (QB) (21 December 2012)

FCL (London) Ltd v Voice [2012] EWHC 3684 (QB) (21 December 2012)

Jones & Ors v Secretary of State for Energy And Climate Change & Ors [2012] EWHC 3647 (QB) (21 December 2012)

Raggett v The Governors of Preston Catholic College [2012] EWHC 3641 (QB) (21 December 2012)

High Court (Technology and Construction Court)

Cleveland Bridge UK Ltd v Severfield – Rowen Structures Ltd [2012] EWHC 3652 (TCC) (21 December 2012)

Transport for Greater Manchester v Thales Transport & Security Ltd [2012] EWHC 3717 (TCC) (21 December 2012)

Webb Resolutions Ltd v E.Surv Ltd [2012] EWHC 3653 (TCC) (20 December 2012)

Blemain Finance Ltd v E.Surv Ltd [2012] EWHC 3654 (TCC) (20 December 2012)

Source: www.bailii.org

Konica Minolta Business Solutions (UK) Ltd v Applegate – WLR Daily

Posted January 11th, 2013 in law reports, pensions, rectification, trusts by sally

Konica Minolta Business Solutions (UK) Ltd v Applegate: [2012] EWHC 3741 (Ch);   [2013] WLR (D)  9

“When applying uniform accrual to ‘so much of any benefit’ by virtue of section 74(3) of the Pension Schemes Act 1993 one was being directed not merely to what one might call the top slice, the benefit which actually accrued at the higher rate, but that element of a benefit package which was the subject of the higher rate. In section 74(3) the ‘benefit’ referred to was the composite of the various benefits which made up long service benefit and if the exception applied it did with regard to the entirety of such a component.”

WLR Daily, 21st December 2012

Source: www.iclr.co.uk

Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC – WLR Daily

Posted January 11th, 2013 in EC law, law reports, patents by sally

Dr Reddy’s Laboratories (UK) Ltd v Warner-Lambert Company LLC: [2012] EWHC 3715 (Pat); [2013] WLR (D) 8

“Article 16(1) of Parliament and Council Regulation (EC) No 469/2009 gave a discretion to the national body (in the United Kingdom, the court) to revoke an extension to a supplementary protection certificate on the basis set out therein, but not an obligation to do so. The fact that the results of a particular study would not be available by the completion date of a paediatric investigation plan made pursuant to Parliament and Council Regulation (EC) No 1901/2006 did not render the plan unlawful and did not deprive the applicant of its right to the ‘reward’ of a paediatric extension under article 36 of that Regulation. article 45(3) of Regulation (EC) 1901/2006 was not of general application and did not apply when all the studies included in a paediatric investigation plan were initiated after that Regulation came into force.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk

Phillips and another v Francis and another – WLR Daily

Posted January 11th, 2013 in landlord & tenant, law reports, service charges by sally

Phillips and another v Francis and another: [2012] EWHC 3650 (Ch); [2013] WLR (D) 7

“On the true construction of the meaning and effect of the scheme relating to service charges imposed by sections 20 and 20ZA of the Landlord and Tenant Act 1985, as amended by the Commonhold and Leasehold Reform Act 2002, section 151 identification of one or more sets of qualifying works was not required. The emphasis in the current legislation had shifted from identifying and costing the works before they started to notifying an intention to carry out the works and limiting the amount of the individual contributions sought to pay for them after their completion.”

WLR Daily 21st December 2012

Source: www.iclr.co.uk

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd – WLR Daily

Posted January 11th, 2013 in law reports, pensions, trusts by sally

Industry-Wide Coal Staff Superannuation Scheme Co-ordinator Ltd v Industry-Wide Coal Staff Superannuation Scheme Trustees Ltd: [2012] EWHC 3712 (Ch) ; [2013] WLR (D) 6

“For the purposes of paragraph 3(7)(c) of schedule 5 to the Coal Industry Act 1994 the requirement that the rules of a new pension scheme be ‘no less advantageous’ than the previous scheme was not the same as a requirement that the rules of the new scheme be the same as the rules of the pre-existing scheme. The omission of a pro-rating provision from draft rule 33 of the Schedule to the Industry-Wide Coal Staff Superannuation Scheme Regulations 1994 (SI 1994/2973) was not a mistake in drafting and the rule fell to be construed in accordance with its express terms.”

WLR Daily, 20th December 2012

Source: www.iclr.co.uk