SodaStream to seek legal advice after ad ban appeal fails – The Guardian

Posted December 4th, 2012 in advertising, appeals, news by sally

“SodaStream is to seek legal advice after failing to get its £11m ad campaign on UK television, with the regulator understood to have rejected its appeal against a ruling it ‘denigrates’ the bottled drinks industry.”

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The Guardian, 4th December 2012

Source: www.guardian.co.uk

School teaching assistant Emma Webb jailed for pupil sex offences – BBC News

Posted December 4th, 2012 in news, school children, sentencing, sexual grooming, sexual offences, teachers by sally

“A school teaching assistant who had sex with teenage pupils after grooming them on Facebook and sending them indecent text messages has been jailed.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

Abu Qatada appeal launched by home secretary – The Guardian

Posted December 4th, 2012 in appeals, deportation, evidence, immigration, news, terrorism, torture, tribunals by sally

“The home secretary has launched a legal challenge against the decision to allow the radical preacher Abu Qatada to stay in the UK.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Ashfield teenage prisoners to begin legal battle – BBC News

Posted December 4th, 2012 in detention, judicial review, news, prisons, punishment, young offenders by sally

“Seven teenagers who claim they were punished unlawfully will begin a legal battle against a Bristol prison later.”

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BBC News, 4th December 2012

Source: www.bbc.co.uk

Norwich Castle rhino horn theft bid: Man jailed – BBC News

Posted December 3rd, 2012 in attempts, news, sentencing, theft by sally

“A 29-year-old man from east London has been jailed for 18 months over the attempted theft of a rhino horn from Norwich Castle Museum.”

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BBC News, 3rd December 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 3rd, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Mengi v Hermitage [2012] EWHC 3445 (QB) (30 November 2012)

High Court (Chancery Division)

Chauvidul- AW v Phongphongsavat & Anor [2012] EWHC 3224 (Ch) (23 November 2012)

Arnold v Britton & Ors [2012] EWHC 3451 (Ch) (03 December 2012)

Source: www.bailii.org

Leveson isn’t a threat to human rights – not adopting his proposals would be – The Guardian

Posted December 3rd, 2012 in freedom of expression, human rights, media, news, privacy, reports by sally

“Comments attributed to Shami Chakrabarti of Liberty are the kind of nonsense that give human rights a bad name.”

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The Guardian, 3rd December 2012

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted December 3rd, 2012 in parliamentary papers by sally

Government Response to the House of Commons Energy and Climate Change Select Committee Report into the draft Energy Bill, Cm 8504 (PDF)

Electricity Demand Reduction: Consultation on options to encourage permanent reductions in electricity use, Cm 8492 (PDF)

Annual Energy Statement 2012, Cm 8456 (PDF)

Energy Security Strategy, Cm 8466 (PDF)

Electricity Market Reform: policy overview, Cm 8498 (PDF)

Government Response to the Justice Committee’s Report: Post-legislative scrutiny of the Freedom of Information Act 2000, Cm 8505 (PDF)

Source: www.official-documents.gov.uk

The 1996 Hague Convention: The Fourth Dimension – Family Law Week

Posted December 3rd, 2012 in child abduction, EC law, human rights, news, parental responsibility, treaties by sally

“Eleri Jones barrister at 1 Garden Court, and Anne-Marie Hutchinson OBE and Richard Kwan both of Dawson Cornwell solicitors consider the impact of the 1996 Hague Convention in England and Wales.”

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Family Law Week, 30th November 2012

Source: www.familylawweek.co.uk

Couple sue for IVF in landmark ‘age discrimination’ case – Daily Telegraph

Posted December 3rd, 2012 in age discrimination, assisted reproduction, health, medical treatment, news by sally

“A childless couple who have been refused NHS fertility treatment are suing Jeremy Hunt, the Health Secretary, for age discrimination in a landmark legal case.”

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Daily Telegraph, 1st December 2012

Source: www.telegraph.co.uk

New code of practice for disclosure of datasets under FOI proposed – OUT-LAW.com

Posted December 3rd, 2012 in codes of practice, disclosure, freedom of information, news by sally

“Public authorities required to disclose ‘datasets’ in order to comply with a freedom of information (FOI) request should have to make sure the information is ‘machine readable’ and accompanied by explanatory material, the Government has proposed.”

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OUT-LAW.com, 3rd December 2012

Source: www.out-law.com

Regina v Nursing – WLR Daily

Posted December 3rd, 2012 in appeals, crime, law reports, mental health, negligence, wilful neglect by sally

Regina v Nursing [2012] EWCA Crim 2521; [2012] WLR (D) 360

“The offence of wilfully neglecting a person who lacked capacity, contrary to section 44(2) of the Mental Capacity Act 2005, was not legally uncertain. Neglect was not wilful if a defendant’s acts or omissions were or might have been motivated by the wish or sense of obligation to respect the autonomy of the person concerned.”

WLR Daily, 30th November 2012

Source: www.iclr.co.uk

M v Minister for Justice, Equality and Law Reform, Ireland and another – WLR Daily

Posted December 3rd, 2012 in asylum, EC law, judicial review, law reports, refugees by sally

M v Minister for Justice, Equality and Law Reform, Ireland and another (Case C-277/11); [2012] WLR (D) 359

“The co-operation requirement in the second sentence of article 4(1) 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 need international protection and the content of the protection granted, did not require a competent national authority to inform an applicant, whose application for refugee status had already been rejected, of its intention to refuse, and its reasons for refusing, a request for subsidiary protection before adopting such a decision in order to enable the applicant to make known his views in that regard.”

WLR Daily, 22nd December 2012

Source: www.iclr.co.uk

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) – WLR Daily

Posted December 3rd, 2012 in appeals, landlord & tenant, law reports, leases, notification by sally

Wildsmith and others v Arrowgate Ltd (Landgate (New Homes) Ltd intervening) [2012] EWHC 3315 (Ch); [2012] WLR (D) 358

“A notice served under section 27 of the Landlord and Tenant Act 1987 had to spell out exactly what the applicants were complaining about and why they contended it was an appropriate case for the making of an acquisition order under section 29 of the Act.”

WLR Daily, 22nd November 2012

Source: www.iclr.co.uk

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.”

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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.”

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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.”

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The Bar Council, 30th November 2012

Source: www.barcouncil.org.uk