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

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158; [2012] WLR (D) 355 – WLR Daily

Posted November 30th, 2012 in committals, Crown Court, law reports, magistrates, sentencing by sally

Regina v Bateman; Regina v Doyle: [2012] EWCA Crim 2158;   [2012] WLR (D)  355

“Where an offender was committed to the Crown Court by the magistrates’ court under paragraph 11(2)(a) of Schedule 12 to the Criminal Justice Act 2003 to be dealt with in respect of the commission of an offence committed during the operational period of a suspended sentence imposed by the Crown Court, the Crown Court’s sentencing powers in relation to other offences in respect of which the offender was committed under section 6(2) of the Powers of Criminal Courts (Sentencing) Act 2000 were limited by section 7(1) of the 2000 Act to those of the magistrates’ court.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Emerson Electric Co and others v Morgan Crucible Co plc and others – WLR Daily

Posted November 30th, 2012 in competition, law reports, subsidiary companies, tribunals by sally

Emerson Electric Co and others v Morgan Crucible Co plc and others: [2012] EWCA Civ 1559;   [2012] WLR (D)  354

“The fact that a European parent company had been found guilty of infringing European competition law did not give the Competition Appeal Tribunal jurisdiction to hear a follow-on claim for damages brought under section 47A of the Competition Act 1998 against an English subsidiary which had not been an addressee to the European Commission’s decision on infringement.”

WLR Daily, 28th November 2012

Source: www.iclr.co.uk

Turner v East Midlands Trains Ltd – WLR Daily

Posted November 30th, 2012 in human rights, law reports, proportionality, tribunals, unfair dismissal by sally

Turner v East Midlands Trains Ltd: [2012] EWCA Civ 1470;   [2012] WLR (D)  353

“The procedures in section 98 of the Employment Rights Act 1996 whereby an employment tribunal had to consider whether in an unfair dismissal case the employer acted fairly within a range of reasonable responses open to the reasonable employer did not fall short of the procedural safeguards required by article 8 of the European Convention.”

WLR Daily, 16th November 2012

Source: www.iclr.co.uk

Regina v Abbas and another – WLR Daily

Posted November 30th, 2012 in evidence, firearms, joint enterprise, juries, law reports by sally

Regina v Abbas and another: [2012] EWCA Crim 2517;   [2012] WLR (D)  352

“Where the Crown alleged that the defendant was part of a joint enterprise involving the possession of an imitation firearm, proof of which depended upon the drawing of an inference, it was incumbent on a judge in summing up to identify the evidence of primary fact upon the basis of which, if it was accepted, a jury might infer knowledge and thus possession by the defendant as well as the principal.”

WLR Daily, 27th November 2012

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted November 30th, 2012 in parliamentary papers by sally

Memorandum to the Home Affairs Committee and Justice Committee: post-legislative scrutiny of the Serious Crime Act 2007, Cm 8502 (PDF)

Source: www.official-documents.gov,uk

More protection for homeowners – Ministry of Justice

Posted November 30th, 2012 in bills, burglary, press releases, prosecutions by sally

“This week the Justice Secretary Chris Grayling will bring forward legislation to give householders even greater protection from burglars, via amendments to the Crime and Courts Bill.”

Full press release

Ministry of Justice, 27th November 2012

Source: www.justice.gov.uk