Regina (L) v West London Mental Health NHS Trust – WLR Daily

Posted December 3rd, 2012 in detention, duty of care, hospitals, law reports, mental health by sally

Regina (L) v West London Mental Health NHS Trust [2012] EWHC 3200 (Admin); [2012] WLR (D) 357

“The common law duty to act fairly was engaged when a decision was made as to whether to transfer a patient detained under the Mental Health Act 1983 from a medium to a high security hospital.”

WLR Daily, 13th November 2012

Source: www.iclr.co.uk

Econord SpA v Comune di Cagno and others – WLR Daily

Posted December 3rd, 2012 in contracts, EC law, law reports, local government, public procurement, tenders by sally

Econord SpA v Comune di Cagno and others (Joined Cases C-182/11 and C-183/11); [2012] WLR (D) 356

“The condition established by the case law of the Court of Justice European Union (Teckal Srl v Comune di Viano (Case C-107/98) [1999] ECR I-8121 and Parking Brixen GmbH v Gemeinde Brixen (Case C-485/03) [2005] ECR I-8585) to the effect that, in order to be exempted from their obligation to initiate a public tendering procedure and instead to make an in-house award of a contract to a jointly owned municipal company, public authorities had to jointly exercise over that entity control similar to the control they exercised over their own departments, was fulfilled where each of those authorities not only held capital in that entity, but also played a role in its managing bodies.”

WLR Daily, 29th November 2012

Source: www.iclr.co.uk

Spotlight On Reform – Speech by Mr. Justice Ryder

Posted December 3rd, 2012 in case management, children, delay, family courts, news, speeches by sally

Spotlight On Reform (PDF)

Speech by Mr. Justice Ryder

The Association of Lawyers For Children National Conference, 16th November 2012

Source: www.judiciary.gov.uk

The press: To legislate or not to legislate? – The Independent

Posted December 3rd, 2012 in media, news by sally

“Any statutory regulation would ignore a fundamental problem with our prurient society.”

Full story

The Independent, 2nd December 2012

Source: www.independent.co.uk

New sentences and criminal offences come into effect – Ministry of Justice

“From 3 December 2012 new offences of aggravated knife possession come into force. Anyone who uses a knife or offensive weapon to threaten and endanger others will face a mandatory custodial sentence, Justice Secretary Chris Grayling said today.”

Full story

Ministry of Justice, 2nd December 2012

Source: www.justice.gov.uk

2013/14 Budget Proposals: Consultation with the Profession – The Bar Council

Posted December 3rd, 2012 in barristers, budgets, consultations, news by sally

“The Treasurer is inviting the practising Bar to review the Bar Council’s Budget Proposals for 2013/14 and the associated ramifications for the Practising Certificate Fee (PCF). Individuals, chambers, employers, SBAs, Circuits and Bar Council committees are all urged to take this opportunity to comment on the proposals.”

Full story

The Bar Council, 30th November 2012

Source: www.barcouncil.org.uk

Repeat rapists to face life sentences – Daily Telegraph

Posted December 3rd, 2012 in news, rape, recidivists, sentencing, terrorism by sally

“Criminals who commit a second serious sexual or violent offence will be given automatic life sentences under a new ‘two strikes and you’re out’ law from tomorrow.”

Full story

Daily Telegraph, 2nd December 2012

Source: www.telegraph.co.uk

Care home regulation criticised by Norman Lamb – BBC News

Posted December 3rd, 2012 in care homes, consultations, news by sally

“Regulation of the care sector is not fit for purpose, care minister Norman Lamb has said as he unveiled proposals on English care homes for consultation.”

Full story

BBC News, 1st December 2012

Source: www.bbc.co.uk

Voluntary code for third-party funders is “fit for purpose”, says author – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, news, third parties by sally

“A code of conduct for third-party litigation funders is “working well” one year on from its adoption and there are no plans to replace it with a system of mandatory regulation, according to one of its authors.”

Full story

OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Barristers threaten strike action over legal aid reforms – Daily Telegraph

Posted December 3rd, 2012 in barristers, industrial action, legal aid, news by sally

“Barristers will be forced to take strike action for the first time if the Government pushes ahead with its proposed reform of the legal aid system, the new head of the Criminal Bar Association has said.”

Full story

Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

Internet surveillance will save lives, says Theresa May – Daily Telegraph

“Lives will be saved by new internet powers allowing security services and police to snoop on emails, web visits and social networking sites, Home Secretary Theresa May has said.”

Full story

Daily Telegraph, 3rd December 2012

Source: www.telegraph.co.uk

Criminal records of striking miners ‘should be erased’ – The Guardian

Posted December 3rd, 2012 in criminal records, industrial action, inquiries, miners, news, public order by sally

“Calls to erase the criminal records of the estimated 7,000 men detained and ‘falsely charged’ during the miners’ strike have been made by campaigners demanding a fresh inquiry into the policing of the dispute.”

Full story

The Guardian, 1st December 2012

Source: www.guardian.co.uk

Scrap metal cash payments banned – BBC News

Posted December 3rd, 2012 in legislation, news, theft, waste by sally

“Cash payments for metal at recycling yards in England and Wales are no longer legal under new laws aimed at reducing cable theft.”

Full story

BBC News, 3rd December 2012

Source: www.bbc.co.uk

Leveson report ignores the impact of the internet – The Guardian

Posted December 3rd, 2012 in internet, media, news, reports by sally

“The judge’s mammoth publication fails to grasp the impact of smartphones, Twitter and even drones on how news is made.”

Full story

The Guardian, 2nd December 2012

Source: www.guardian.co.uk

Tougher prison sentences for violent crime in force – BBC News

Posted December 3rd, 2012 in crime, detention, news, offensive weapons, recidivists, sentencing by sally

“A raft of new criminal offences have come into force in England and Wales, as well as tougher prison sentences for violent crimes.”

Full story

BBC News, 3rd December 2012

Source: www.bbc.co.uk

Major legal battle to stop HS2 set to commence – Daily Telegraph

Posted December 3rd, 2012 in appeals, consultations, environmental protection, judicial review, news, railways by sally

“A major legal battle to stop the Government’s HS2 rail project is to begin in what campaigners think is their best chance of derailing the £32 billion scheme.”

Full story

Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

Commission to examine effect of legal aid cuts as demand for service surges – The Guardian

Posted December 3rd, 2012 in citizens advice bureaux, civil justice, legal aid, legal services, news by sally

“An independent commission is being launched on Monday to examine how to cope with deep cuts to legal aid at a time of complex benefits reforms. The Low Commission, named after its chairman, Lord Low, will hold its first public meeting this week as law centres and Citizens Advice centres across the UK begin turning away those seeking advice.”

Full story

The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Bar Council launches new online pupillage application system – Legal Week

Posted November 30th, 2012 in internet, news, pupillage by sally

“The Bar Council is launching a new online pupillage application system which will allow chambers to tailor applications for the first time.”

Full story

Legal Week, 27th November 2012

Source: www.legalweek.net

 

Recent Statutory Instruments – legislation.gov.uk

Posted November 30th, 2012 in legislation by sally

The Regulated Covered Bonds (Amendment) Regulations 2012

The Community Infrastructure Levy (Amendment) Regulations 2012

The Police (Descriptions of Service) Order 2012

The Occupational Pensions (Revaluation) Order 2012

The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment (No. 2) Order 2012

The Electricity (Exemption from the Requirement for a Generation Licence) (Covanta Ince Park Limited) (England and Wales) Order 2012

The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012

The Council Tax (Exempt Dwellings) (England) (Amendment) Order 2012

The Council Tax (Prescribed Classes of Dwellings) (England) (Amendment) Regulations 2012

The Product Safety Amendment and Revocation Regulations 2012

The Rehabilitation Courses (Relevant Drink Offences) Regulations 2012

The Road Safety Act 2006 (Commencement No.9 and Transitional Provisions) Order 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted November 30th, 2012 in law reports by sally

Court of Appeal (Civil Division)

K (Children), Re [2012] EWCA Civ 1549 (29 November 2012)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Ors [2012] EWCA Civ 1569 (29 November 2012)

Birmingham City Council v Ashton [2012] EWCA Civ 1557 (29 November 2012)

Court of Appeal (Criminal Division)

Ligaya Nursing v R [2012] EWCA Crim 2521 (30 November 2012)

Ravjani & Ors, R. v [2012] EWCA Crim 2519 (29 November 2012)

Shabir, R. v [2012] EWCA Crim 2564 (29 November 2012)

High Court (Administrative Court)

Omar, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3448 (Admin) (30 November 2012)

Patel v Solicitors Regulation Authority [2012] EWHC 3373 (Admin) (29 November 2012)

High Court (Chancery Division)

Royal Westminster Investments SA & Ors v Varma [2012] EWHC 3439 (Ch) (30 November 2012)

Sycamore Bidco Ltd v Breslin & Anor [2012] EWHC 3443 (Ch) (30 November 2012)

Omega Engineering Incorporated v Omega S.A. (Omega AG) (Omega Ltd.) [2012] EWHC 3440 (Ch) (30 November 2012)

Cometson & Anor v Merthyr Tydfil County Borough Council & Anor [2012] EWHC 3446 (Ch) (30 November 2012)

High Court (Patents Court)

Actavis Group HF v Eli Lilly & Company [2012] EWHC 3316 (Pat) (27 November 2012)

High Court (Queen’s Bench Division)

Hussain v King Edward VII Hospital [2012] EWHC 3441 (QB) (30 November 2012)

O’Dwyer v ITV Plc [2012] EWHC 3321 (QB) (30 November 2012)

Harries v Stevenson [2012] EWHC 3447 (QB) (30 November 2012)

Light On Line Ltd & Anor v Zumtobel Lighting Ltd [2012] EWHC 3376 (QB) (29 November 2012)

High Court (Technology and Construction Court)

Mueller Europe Ltd v Central Roofing (South Wales) Ltd [2012] EWHC 3417 (TCC) (30 November 2012)

Constance Long Term Holdings Ltd v Cavendish (Duke Of Westminster) [2012] EWHC 3434 (TCC) (29 November 2012)

Source: www.bailii.org