In re A (A Child) (Family Proceedings: Disclosure of Information) – WLR Daily

Posted December 14th, 2012 in child abuse, contact orders, disclosure, human rights, law reports, parental rights, public interest immunity by sally

In re A (A Child) (Family Proceedings: Disclosure of Information): [2012] UKSC 60; [2012] WLR (D) 378

“The identity of a third party and the allegations of sexual abuse which she made in confidence against the father of a child who was the subject of contact proceedings would be disclosed in those proceedings since to do so would not violate her right to protection from inhuman or degrading treatment under article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms, and would be a proportionate interference with her right to respect for her private life under article 8, since it was justified by the need to protect the parents’ and child’s rights to a fair trial and respect for their family life, guaranteed by articles 6 and 8 of the Convention.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

Brown-Quinn and another v Equity Syndicate Management Ltd and another – WLR Daily

Posted December 14th, 2012 in contracts, costs, fees, insurance, law reports, remuneration, solicitors by sally

Brown-Quinn and another v Equity Syndicate Management Ltd and another: [2012] EWCA Civ 1633; [2012] WLR (D) 377

“A legal expenses insurer could seek to limit the level of costs and expenses payable under an insurance policy in respect of a solicitor’s services for which it was liable to the insured provided that the freedom to choose a lawyer guaranteed by Council Directive 87/344/EEC, as transposed into English law by regulation 6 of the Insurance Companies (Legal Expenses Insurance) Regulations 1990, was not rendered meaningless.”

WLR Daily, 12th December 2012

Source: www.iclr.co.uk

Nottinghamshire County Council v Suffolk County Council – WLR Daily

Posted December 14th, 2012 in care orders, guardianship, law reports, local government, parental responsibility, placement orders, residence orders by sally

Nottinghamshire County Council v Suffolk County Council: [2012] EWCA Civ 1640; [2012] WLR (D) 376

“The local authority responsible for providing financial and other support for a child under the Children Act 1989 was any authority which looked after the child or, if the child was not a looked after child, the local authority in whose area the child was living.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Abbey Forwarding Ltd (in liquidation) and another v Hone and others – WLR Daily

Posted December 14th, 2012 in amendments, judgments, jurisdiction, law reports by sally

Abbey Forwarding Ltd (in liquidation) and another v Hone and others: [2012] EWHC 3525 (Ch);   [2012] WLR (D)  375

“There was no general bar in principle to the award of general damages for emotional distress where a freezing order was wrongly obtained but any such award would be sensitive to the facts of a particular case.”

WLR Daily, 11th December 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 14th, 2012 in legislation by sally

The Family Procedure (Amendment) (No.5) Rules 2012

Source: www.legislation.gov.uk

Insurers celebrate ruling on BTE non-panel rates – Litigation Futures

Posted December 14th, 2012 in costs, fees, insurance, news by sally

“Legal expenses insurers have welcomed this week’s Court of Appeal ruling about the rates they have to pay non-panel firms.”

Full story

Litigation Futures, 14th December 2012

Source: www.legalfutures.co.uk

Hold the front page: News-gathering in a time of change – Judiciary of England and Wales

Posted December 14th, 2012 in injunctions, media, privacy, prosecutions, speeches by sally

” ‘Hold the front page: news-gathering in a time of change,’ speech by Lord Justice Leveson, University of Melbourne, Australia, 12 December 2012.”

Full speech

Judiciary of England and Wales, 12th December 2012

Source: www.judiciary.gov.uk

Victims to be given back their voice – Home Office

Posted December 14th, 2012 in criminal justice, press releases, punishment, restorative justice, victims by sally

“Victims of antisocial behaviour and low level crime will be able to have their say on out-of-court punishments of offenders, the Home Office announced today.”

Full press release

Home Office, 13th December 2012

Source: www.homeoffice.gov.uk

Home Secretary Speech on ‘An Immigration System that Works in the National Interest’ – Speech given by Theresa May

Posted December 14th, 2012 in immigration, speeches by sally

“Speech given by Theresa May on ‘An Immigration System that Works in the National Interest’. The Speech was delivered on 12 December 2012.”

Full speech

Home Office, 12th December 2012

www.homeoffice.gov.uk

“Engaged and in control”: Chairman-Elect Maura McGowan QC’s inaugural speech to Bar Council – The Bar Council

Posted December 14th, 2012 in barristers, legal services, rule of law, speeches by sally

“Engaged and in control: Chairman-Elect Maura McGowan QC’s inaugural speech to Bar Council, delivered on 10 December 2012.”

Full speech

The Bar Council, 12th December 2012

Source: www.barcouncil.org.uk

Quicker, costlier and less appealing: plans for Judicial Review reform revealed – UK Human Rights Blog

Posted December 14th, 2012 in consultations, judicial review, news by sally

“The Government has revealed its plans to reform Judicial Review, and has opened a public consultation which closes on 24 January 2013.”

Full story

UK Human Rights Blog, 13th December 2012

Source: www.ukhumanrightsblog.com

From base pairs to the bedside: medical confidentiality in a changing world – UK Human Rights Blog

Posted December 14th, 2012 in confidentiality, data protection, human rights, medical records, news, privacy by sally

“This week David Cameron announced plans to introduce whole genome mapping for cancer patients and those with rare diseases within the NHS.”

Full story

UK Human Rights Blog, 12th December 2012

www.ukhumanrightsblog.com

Supreme Court: Articles 3, 6 and 8 ECHR in child protection PII case – Panopticon

Posted December 14th, 2012 in child abuse, contact orders, disclosure, human rights, news, parental rights, public interest immunity by sally

“There have been a number of important privacy judgments in recent weeks, particularly concerning Article 8 ECHR in cases with child protection elements.”

Full story

Panopticon, 13th December 2012

www.panopticonblog.com

Universities and requests for lecturers’ private research: when will it be “held” by the University? – Panopticon

Posted December 14th, 2012 in electronic mail, freedom of information, news, universities by sally

“The First-Tier Tribunal’s decision of 13 December 2012 in Montague v (1) Information Commissioner (2) Liverpool John Moores University EA/2012/0109 will be of interest to academic institutions, and any other public bodies whose employees have research interests not necessarily connected with their job. Anya Proops of 11KBW appeared for the University.”

Full story

Panopticon, 13th December 2012

www.panopticonblog.com

Police mistakes in the Halliwell case: is it time for a change of PACE? – Halsbury’s Law Exchange

Posted December 14th, 2012 in evidence, murder, news, police, prosecutions, sub judice by sally

“The story of what has happened to Detective Superintendent Fulcher would drive anyone to despair for the sanity of our legal system,” reflected a journalist in the Daily Telegraph in October. Certainly, there have been plenty of calls for reform of the Police and Criminal Evidence Act 1984 following the debacle over Christopher Halliwell, who abducted and killed a young clubber, but escaped prosecution for the murder of a second victim, despite having confessed and taken the police to where she was buried.”

Full story

Halsbury’s Law Exchange, 13th December 2012

Source: www.halsburyslawexchange.co.uk

Press regulations and prank calls: Rumpole and the Regulator – Halsbury’s Law Exchange

Posted December 14th, 2012 in freedom of expression, media, news, telecommunications by sally

“This week headlines have been dominated by the recommendations from the Leveson Inquiry; and the two Australian DJs, whose prank call to the hospital treating the Duchess of Cambridge led to the nurse who took the call taking her own life. Yet again, we are asking questions about press freedom and whether we should be drafting new regulations.”

Full Story

Halsbury’s Law Exchange, 13th December

Source: www.halsburyslawexchange.co.uk

The duty of fidelity and penalty clauses; Imam-Sadeque –v- BlueBay Asset Management (Services) Ltd [2012] EWHC 3511 (QB) – Employment Law Blog

Posted December 14th, 2012 in compromise, contract of employment, news, penalties, shareholders by sally

“In Imam-Sadeque –v- Bluebay Asset Management (Services) Ltd Popplewell J had to consider the scope of an employee’s duty of fidelity.”

Full story

Employment Law Blog, 13th December 2012

Source: www.employment11kbw.com

Unvisited: Looked after children and the role of the Independent Visitor – Family Law Week

Posted December 14th, 2012 in care orders, children, local government, news, social services by sally

“Noel Arnold, Head of Legal Practice at the Coram Children’s Legal Centre, considers the importance of Independent Visitors for looked after children and clarifies confusions in the current arrangements.”

Full story

Family Law Week, 13th December 2012

Source: www.familylawweek.co.uk

Finance and Divorce December Update – Family Law Week

Posted December 14th, 2012 in divorce, financial provision, news by sally

“Anna Heenan, solicitor and David Salter, Joint Head of Family Law at Mills & Reeve LLP analyse November’s financial remedies and divorce news and cases.”

Full story

Family Law Week, 13th December 2012

Source: www.familylawweek.co.uk

Disabled man takes government to court over benefit test – The Guardian

Posted December 14th, 2012 in benefits, disabled persons, judicial review, news by sally

“A disabled man who was incorrectly found fit for work under the government’s disability benefit assessment is launching a legal action against the government and Atos, the private company performing the tests.”

Full story

The Guardian, 13th December 2012

Source: www.guardian.co.uk