Are whole-life prison sentences an infringement of human rights? – The Guardian
“As three British lifers launch an appeal at the European court, we weigh the evidence.”
The Guardian, 5th December 2012
Source: www.guardian.co.uk
Abid Naseer loses extradition appeal – BBC News
“A UK-based terror suspect has failed in his bid to stop his extradition to the US after the European Court of Human Rights threw his case out.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
Thieves sell £500,000 Henry Moore sculpture as scrap for just £46 – Daily Telegraph
“Two thieves who stole a £500,000 sculpture by Henry Moore and sold it as scrap for just £46 have been jailed for a year.”
Daily Telegraph, 5th December 2012
Source: www.telegraph.co.uk
Gove challenged over exam changes by watchdog Ofqual – BBC News
“England’s exams regulator Ofqual has told the Education Secretary Michael Gove it has concerns over some of the changes he is bringing in to England’s exams system.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
Divorce battle lands pair with £1.3m legal bill – Daily Telegraph
“A husband ran up a £500,000 legal bill in a bitter divorce dispute he could not afford, the High Court ruled.”
Daily Telegraph, 5th December 2012
Source: www.telegraph.co.uk
Internet traffic data and debt collection: privacy implications – Panopticon
“Mr Probst was a subscriber to the internet service provider (ISP) Verizon. He failed to pay his bill. A company called ‘nexnet’, the assignee of Verizon’s debt, sought to collect the sums due. In doing so, it obtained and used his internet traffic data in accordance with its ‘data protection and confidentiality agreement’ with Verizon. Disinclined to pay up, Mr Probst argued that nexnet had processed his personal data unlawfully and that the relevant terms of its agreement with Verizon purporting to sanction that processing were void. The first-instance German court agreed with him, but the appellate court did not.”
Panopticon, 5th December 2012
Source: www.panopticonblog.com
Jail sex offenders for longer, proposes review of sentencing guidelines – The Guardian
“Rapists and sex attackers should be given longer prison terms, the Sentencing Council recommends, as courts take into account gang attacks and new technologies exploited by offenders.”
The Guardian, 6th December 2012
Source: www.guardian.co.uk
Theresa May wins Abu Qatada court appeal bid – The Independent
“Home Secretary Theresa May has been granted permission to appeal against the decision to allow radical preacher Abu Qatada to stay in the UK, court officials said today.”
The Independent, 5th December 2012
Source: www.independent.co.uk
Hillsborough probe bill supported in House of Commons – BBC News
“New powers to help the investigation of police officers involved in the Hillsborough disaster have been approved by MPs in the Commons.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
Sexual Offences Guidelines Consultations – Ministry of Justice
Sexual Offences Guideline: Child sex offences committed by young offenders under the age of 18
Sexual Offences Guideline: Exploitation offences
Sexual Offences Guideline: Indecent images of children
Sexual Offences Guideline: Offences against those with a mental disorder
Sexual Offences Guideline: Offences where the victim is a child
Sexual Offences Guideline: Other sexual offences
Sexual offences guideline: Rape and assault offences
Ministry of Justice, 6th December 2012
Source: www.justice.gov.uk
Addenbrooke’s Hospital payout as equipment left in patient – BBC News
“A hospital has apologised and paid £7,000 in compensation to a man who had surgical equipment left inside him following an operation.”
BBC News, 5th December 2012
Source: www.bbc.co.uk
JSC BTA Bank v Ablyazov (No 8) – WLR Daily
JSC BTA Bank v Ablyazov (No 8) [2012] EWCA Civ 1551; [2012] WLR (D) 366
“Where a judge had heard pretrial evidence on an application for committal or in litigation commencing with a freezing order in the nature of cross-examination of a principal litigant or important potential witness and had come to some conclusions about it, he was judging the matter before him, as he was required by his office to do. If he did so fairly and judicially no fair-minded and informed observer would consider that there was any possibility of apparent bias.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
M v Scottish Ministers – WLR Daily
M v Scottish Ministers [2012] UKSC 58; [2012] WLR (D) 365
“It had been unlawful for the Scottish Ministers to fail to make the necessary regulations defining a who was a ‘qualifying patient’ detained at a ‘qualifying hospital’ and thus entitled to apply for a declaration from the Mental Health Tribunal for Scotland that he was a person detained under conditions of excessive security pursuant to section 268 of the Mental Health (Care and Treatment) (Scotland) Act 2003 which came into force on 1 May 2006 pursuant to section 333(2) of that Act.”
WLR Daily, 28th November 2012
Source: www.iclr.co.uk
In re K (Children) (Direction to Investigate: Jurisdiction) – WLR Daily
In re K (Children) (Direction to Investigate: Jurisdiction) [2012] EWCA Civ 1549; [2012] WLR (D) 364
“In family proceedings the court had jurisdiction to make more than one order under section 37 of the Children Act 1989 directing a local authority to investigate a child’s circumstances and consider issuing care proceedings. Where a judge was satisfied that the local authority either had not complied with the initial section 37 direction or had conducted an investigation which failed to a significant degree to engage with the court’s concerns, the court could extend or renew its section 37 direction.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
Regina v Smith (Mark) – WLR Daily
Regina v Smith (Mark) [2012] EWCA Crim 2566; [2012] WLR (D) 362
“The court had to identify the potential victim in a restraining order under section 5A of the Protection from Harassment Act 1997 to reflect the underlying purpose of the provision to protect that person or class of persons from an acquitted defendant and could only impose an order if satisfied that the defendant was likely to pursue a course of conduct which amounted to harassment within the meaning of section 1 of the Act.”
WLR Daily, 29th November 2012
Source: www.iclr.co.uk
Regina (Tajik) v City of Westminster Magistrates’ Court and another – WLR Daily
“While there was nothing in section 118 of the Extradition Act 2003 to delay its operation pending the Secretary of State’s consideration of medical evidence after the conclusion of extradition statutory process, continued extra-statutory consideration of a case by the Secretary of State could be valid subject to the court’s judgment as to whether reasonable cause had been shown for delay following the conclusion of the appeal process.”
WLR Daily, 27th November 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Civil Partnership Act 2004 (Overseas Relationships) Order 2012
The Education (Independent School Standards) (England) (Amendment) Regulations 2012
The Child Support Management of Payments and Arrears (Amendment) Regulations 2012
The Income Tax (Professional Fees) Order 2012
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
J.OC, R v [2012] EWCA Crim 2458 (2 November 2012)
Smith v R. [2012] EWCA Crim 2566 (29 November 2012)
Court of Appeal (Civil Division)
Secret Hotels2 Ltd v Revenue and Customs [2012] EWCA Civ 1571 (03 December 2012)
Okoro & Anor v Taylor Woodrow Construction Ltd & Ors [2012] EWCA Civ 1590 (04 December 2012)
Tweedie & Anor v Souglides [2012] EWCA Civ 1546 (04 December 2012)
Davies v Watkins [2012] EWCA Civ 1570 (04 December 2012)
Brown & Ors v Innovatorone Plc & Ors [2012] EWCA Civ 1587 (04 December 2012)
High Court (Chancery Division)
Slocom Trading Ltd & Anor v Tatik Inc & Ors [2012] EWHC 3464 (Ch) (04 December 2012)
High Court (Administrative Court)
High Court (Family Court)
J (Habitual Residence), Re [2012] EWHC 3364 (Fam) (03 December 2012)
I (Habitual Residence), Re [2012] EWHC 3363 (Fam) (03 December 2012)
Source: www.bailii.org
FCA’s temporary product ban powers “approval by another name”, says expert – OUT-LAW.com
“The Financial Services Authority (FSA) is consulting on a new power that will enable regulators to ban financial products without consultation in certain circumstances.”
OUT-LAW.com, 5th December 2012
Source: www.out-law.com
