Child Sexual Exploitation Inquiry interim report – The Office of the Children’s Commissioner
The Office of the Children’s Commissioner, November 2012
Source: www.childrenscommissioner.gov.uk
Equalities: Two Years after the Equality Act 2010 – 11 KBW
“The introduction of the Equality Act 2010 was a landmark in non-discrimination law, bringing together (and making some amendments to) a myriad of different statutory regimes covering various types of protected characteristics. However, such is the nature of litigation, that very little appellate case law has, as yet, had cause to consider the provisions of the Equality Act in any detail. As a result, the very substantial developments which have taken or are taking place recently in the equalities field have tended to arise out of the previous legal regimes, or related regimes such as the European Convention on Human Rights.”
Full story (PDF)
11 KBW, 20th November 2012
Source: www.11kbw.com
Down the rabbit-hole: costs, the Comms Act and the Competition Commission – Competition Bulletin from Blackstone Chambers
“Where an appeal to the Tribunal under section 192 of the Communications Act 2003 gives rise to specified ‘price control matters’, the CAT must hive them off for determination by the Competition Commission: see section 193(1) and SI 2004/2068. The CAT is then bound by section 193(6) to follow the Commission’s determination, except ‘to the extent that the Tribunal decides, applying the principles applicable on an application for judicial review, that the determination of the Competition Commission is a determination that would fall to be set aside on such an application’: section 193(7).”
Competition Bulletin from Blackstone Chambers, 27th November 2012
Source: www.competitionbulletin.com
Crown Prosecution Service v Eastenders Cash and Carry plc and others – WLR Daily
“Where restraint orders under the Proceeds of Crime Act 2002 were later set aside, the remuneration and expenses of the management receiver appointed under those orders were not recoverable either out of the assets of the companies to which the restraint orders related or from the Crown Prosecution Service.”
WLR Daily, 23rd November 2012
Source: www.iclr.co.uk
Appleyard v Wewelwala – WLR Daily
Appleyard v Wewelwala [2012] EWHC 3302 (Ch); [2012] WLR (D) 345
“The court’s inherent jurisdiction to direct payment of the trustee in bankruptcy’s expenses extended to cases where the bankruptcy order was set aside on appeal. A trustee who had acted properly and innocently of any wrongdoing could expect to obtain payment of his reasonable expenses”
WLR Daily, 23rd November 2012
Source: www.iclr.co.uk
Chief Justice of the Cayman Islands v Governor of the Cayman Islands and another – WLR Daily
“It would be inappropriate for the Judicial Committee of the Privy Council substantively to consider issues raised in a petition referred by Her Majesty under section 4 of the Judicial Committee Act 1833, when those issues could be raised by way of ordinary proceedings in the first instance courts of the territory in which the issues arose.”
WLR Daily, 15th November 2012
Source: www.iclr.co.uk
Errant councillors and the new standards regime – 11 KBW
“Up and down the country, local authorities have been putting in place new standards arrangements so as to comply with the Localism Act 2011 (‘the 2011 Act’) and the regulations made thereunder. The first hearings for dealing with allegedly errant councillors under the new standards regime are taking place.”
11 KBW, 20th November 2012
Source: www.11kbw.com
Update on Freedom of Information – 11 KBW
“This paper focuses on developments in the case law concerning freedom of information over roughly the last 12 months. The number of cases concerning freedom of information being decided has continued to grow at an exponential rate (in part due to successful efforts by the Information Commissioner (‘the IC’) to get on top of the case backlog faced by his office). The Information Rights Tribunal (‘the Tribunal’) website contains the outcomes of over 220 appeals since the beginning of 2012 alone – and the vast majority of these are substantive decisions. There have also been seven Upper Tribunal (‘UT’) decisions, and one decision each from the Court of Appeal and the Supreme Court.”
Full story (PDF)
11 KBW, 20th November 2012
Source: www.11kbw.com
Tying ourselves into (Gordian) knots? – Thirty Nine Essex Street
“This paper seeks to take a step back from the intricacies of the DOLS regime that we have learned to know and, at best (I sense) tolerate since it was introduced in April 2009. Rather, it seeks to re examine the fundamental question of what constitutes a deprivation of liberty for purposes of Article 5(1) ECHR in the context of those without capacity to determine their own residence and care/treatment arrangements.”
Full story (PDF)
Thirty Nine Essex Street, November 2012
Source: www.39essex.com
Recent Statutory Instruments – legislation.gov.uk
The Welfare of Wild Animals in Travelling Circuses (England) Regulations 2012
The Plant Health (England) (Amendment) Order 2012
The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) (Amendment) Order 2012
The Council Tax Reduction Schemes (Default Scheme) (England) Regulations 2012
The Armed Forces Act 2011 (Commencement No. 2) Order 2012
The Bank Levy: International Tax Enforcement Arrangements (Federal Republic of Germany) Order 2012
The Terrorism Act 2000 (Proscribed Organisations) (Amendment) (No.2) Order 2012
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Crown Prosecution Service v The Eastenders Group & Anor [2012] EWCA Crim 2436 (23 November 2012)
Court of Appeal (Civil Division)
Crown Prosecution Service & Anor v Gohil [2012] EWCA Civ 1550 (26 November 2012)
Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1504 (23 November 2012)
High Court (Queen’s Bench Division)
Nemeti & Ors v Sabre Insurance Company Ltd [2012] EWHC 3355 (QB) (23 November 2012)
High Court (Chancery Division)
TAG Capital Ventures Ltd v Potter [2012] EWHC 3323 (Ch) (23 November 2012)
Templeton Insurance Ltd & Anor v Brunswick & Ors (No 4) [2012] EWHC 3319 (Ch) (23 November 2012)
High Court (Technology and Construction Court)
Fairstar Heavy Transport NV v Adkins [2012] EWHC 3294 (TCC) (23 November 2012)
High Court (Patents Court)
High Court (Commercial Court)
Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)
Source: www.bailii.org
Family Mediation – The option of first resort for separating couples? – Family Law Week
“Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.”
Family Law Week, 26th November 2012
Source: www.familylawweek.co.uk
Admission of hearsay evidence: the six principle questions – Halsbury’s Law Exchange
“In R v Riat the Court of Appeal provided valuable guidance concerning the approach that the domestic courts should adopt when hearsay evidence is tendered in criminal proceedings.”
Halsbury’s Law Exchange, 26th November 2012
Source: www.halsburyslawexchange.co.uk
Secret Courts remixed: any better than the original? – UK Human Rights Blog
“This coming Wednesday sees the end of the first stage of the Justice and Security Bill’s passage into law. The Bill which would introduce Closed Material Procedures (CMP) – where one side of a case is excluded with his legal team and represented by a security cleared special advocate in cases involving national security – has become widely known as the Secret Courts Bill. Its progress has been closely scrutinised in this blog over the past six months.”
UK Human Rights Blog, 26th November 2012
Source: www.ukhumanrightsblog.com
Dead soldier’s fiancée wins right to paternity test – The Independent
“A teenage mother has won the right to have her dead fiancé’s DNA tested to prove that he fathered their child before he was killed on military service in Afghanistan.”
The Independent, 27th November 2012
Source: www.independent.co.uk
Do the new stalking laws show we are taking this crime seriously? – The Guardian
“All too often victims of stalking are not believed or their fears are brushed off – which in turn makes them less likely to come forward.”
The Guardian, 26th November 2012
Source: www.guardian.co.uk
Criminal compensation – claims for minor injuries cut – BBC News
“Violent crime victims who suffer minor injuries will not get compensation under changes which have come into effect in England, Wales and Scotland.”
BBC News, 27th November 2012
Source: www.bbc.co.uk
College of Law to become the UK’s first for-profit university – OUT-LAW.com
“The privately-owned College of Law has been granted university status and will be renamed ‘The University of Law’, it has announced.”
OUT-LAW.com, 26th November 2012
Source: www.out-law.com
Judge considers his verdict in women’s legal action over undercover officers – The Guardian
“Judge is considering whether the case of the women who say they were duped into forming long-lasting sexual relationships with undercover officers should be heard in High Court.”
The Guardian, 26th November 2012
Source: www.guardian.co.uk
