“The worst serial offenders are being let off with cautions at a record rate as thousands avoid tough penalties every year, the Daily Telegraph can disclose.”
Daily Telegraph, 6th January 2013
Source: www.telegraph.co.uk
“The failure to punish anyone for carrying out female genital mutilation (FGM) in almost a decade since Labour introduced a new law designed to stamp out the practice is forcing prosecutors to seek alternative methods to tackle the problem. The Government was facing growing criticism from campaigners after an Independent on Sunday investigation into the horrifying practice known as ‘cutting’, in which the genitals of women and girls are severed by unqualified people in the belief it will preserve the girl’s virginity.”
The Independent, 6th January 2013
Source: www.independent.co.uk
“City law firms are exploring ways to remove barriers that prevent students from lower-income backgrounds pursuing a career in law.”
The Guardian, 5th January 2013
Source: www.guardian.co.uk
There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 2pm on 21st December. We will resume posting on 7th January 2013.
Happy Christmas!
“The High Court has rejected an attempt by a Pakistani man to force the UK government to reveal if it is providing intelligence for US drone strikes.”
BBC News, 21st December 2012
Source: www.bbc.co.uk
“The Environment Agency was established under the Environment Act 1995 and plays a central role in ensuring that environmental laws are complied with. Presently, it is the principal environmental regulatory body in England and Wales, although this will change as from 1 April 2013, when the Natural Resources Body for Wales commences operating. Thereafter, that body will perform the functions previously performed by Environment Agency Wales, the Countryside Council for Wales and the Forestry Commission Wales.”
Halsbury’s Law exchange, 20th December 2012
Source: www.halsburyslawexchange.co.uk
“A High Court judge has dismissed a challenge to the Secretary of State’s refusal of developer Larkfleet Limited’s plans to build a 1,000-home urban extension to the north of Grantham in South Kesteven.”
OUT-LAW.com, 20th December 2012
Source: www.out-law.com
“Members of the public faced with the prospect of bringing a claim for defamation
or breach of privacy against a large media organisation will in the future be
protected against having to pay the other side’s costs if the case is lost, the
Government has announced.”
OUT-LAW.com, 20th December 2012
Source: www.out-law.com
“Don’t be fooled! We have been led to believe there was a two-way split on the government-appointed Bill of Rights Commission, which published its report on Tuesday, but the split was at least three-way. The Commissioners tell us that ‘it [was] not always easy to disentangle in the opinions expressed to [them] what are tactical positions rather than fundamental beliefs’. The same must surely be said of the report’s seven ‘majority’ authors.”
UK Human Rights Blog, 20th December 2012
Source: www.ukhumanrightsblog.com
“In a judgment handed down this afternoon, the Competition Appeal Tribunal largely upheld Tesco’s appeal against the OFT’s decision that it had participated in unlawful agreements relating to the price of cheese: see Tesco Stores Ltd v Office of Fair Trading [2012] CAT 31.”
Competition Bulletin from Blackstone Chambers, 21st December 2012
Source: www.competitionbulletin.com
“On its proper interpretation, article 12(1)(a) of Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise needed international protection, and the content of the protection granted, the cessation of protection or assistance from organs or agencies of the United Nations other than the High Commission for Refugees ‘for any reason’ included the situation in which a person who, after actually availing himself of such protection or assistance, had ceased to receive it for a reason beyond his control and independent of his volition. Where the competent authorities of the member state responsible for examining the application for asylum established that the condition relating to the cessation of the protection or assistance provided by the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) was satisfied, the fact that that person was ipso facto ‘entitled to the benefits of [the] Directive’ meant that that member state must recognise him as a refugee within the meaning of article 2(c) of the Directive and that person must automatically be granted refugee status, provided always that he was not caught by article 12(1)(b) or (2) and (3) of the Directive.”
Source: www.iclr.co.uk
Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389
“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Leno Merken BV v Hageldruis Beheer BV: (Case C-149/11); [2012] WLR (D) 388
“The territorial borders of the member states should be disregarded in the assessment of whether a trade mark had been put to ‘genuine use in the Community’ within the meaning of article 15(1) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community Trade Mark (OJ 2009 L78, p 1).”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
Regina v Clift; Regina v Harrison: [2012] EWCA Crim 2750; [2012] WLR (D) 387
“Where a defendant had been convicted of causing grievous bodily harm with intent and the victim subsequently died as a result of that harm, the defendant could not automatically be convicted of the victim’s murder. However, pursuant to section 74(3) of the Police and Criminal Evidence Act 1984, the earlier conviction would be admissible of the fact that the defendant had committed the offence, and if the conviction was proved the burden would then shift to the defendant to prove on the balance of probabilities that he was not guilty of murder.”
WLR Daily, 18th December 2012
Source: www.iclr.co.uk
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