“The Commission today publishes a landmark review of how well public authorities deliver human rights protection and promotion in England and Wales. It is the second report in the ‘How Fair is Britain?’ series.”
Equality and Human Rights Commission, 5th March 2012
Source: www.equalityhumanrights.com
Related link: Human Rights Review 2012
“Keir Starmer QC, the Director of Public Prosecutions (DPP), has today issued Crown Prosecution Service prosecutors with new guidance on dealing with people who may have committed an offence during a protest or demonstration.”
Crown Prosecution Service, 6th March 2012
Source: www.cps.gov.uk
“Google was not responsible for allegedly defamatory comments posted on its blogging platform because it could not be said to be a publisher of the information, the High Court has ruled.”
OUT-LAW.com, 5th March 2012
Source: www.out-law.com
“Much of the criticism directed toward the European Court of Human Rights over the last year or so, in this country at least, has been that it is too ready to overrule decisions made by the competent United Kingdom national authorities. It is said that British courts have already addressed the relevant human rights arguments under the Human Rights Act, so it is quite wrong that Strasbourg should now ‘overrule’ them.”
UK Human Rights Blog, 6th March 2012
Source: www.ukhumanrightsblog.com
“It is a typical day of employment tribunal hearings – but the rules are set to change as the government considers an overhaul of proceedings in these courts.”
BBC News, 5th March 2012
Source: www.bbc.co.uk
“Kenneth Clarke has attempted to quell growing concerns over proposals to hold more court hearings in secret by saying the measure will only apply to a ‘tiny’ number of civil cases in ‘very limited circumstances’.”
The Independent, 6th March 2012
Source: www.independent.co.uk
“A review of EU action over time in creating a competitive, internal market in gas and electricity.”
Full story (PDF)
Thirty Nine Essex Street, 25th January 2012
Source: www.39essex.com
“Those of us who act as mediators in property matters have been conscious for some time of the particular suitability of mediation as a forum in which to resolve disputes over property rights. The flexibility and breadth of the mediation process enable the parties to look beyond the strict legal principles with which a Court would be concerned and to identify and address as well the more esoteric and human issues which often lie just beneath the surface in cases involving land.”
Hardwicke Chambers, 2nd March 2012
Source: www.hardwicke.co.uk
“A serious case review into the murder of a Polish teenager in Leeds by a violent sex offender says police and public protection agencies failed to act effectively.”
BBC News, 6th March 2012
Source: www.bbc.co.uk
Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59
“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”
WLR Daily, 2nd March 2012
Source: www.iclr.co.uk
O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58
“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
Football Dataco Ltd and Others v Yahoo! UK Ltd and Others (Case C-604/10); [2012] WLR (D) 57
“A ‘database’ within the meaning of article 1(2) of Directive 96/9/EC was protected by the copyright laid down by article 3(1) of the Directive provided that the selection or arrangement of the data which it contained amounted to an original expression of the creative freedom of its author, which was a matter for the national court to determine.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
“For the purposes of quashing an acquittal on the ground that there was new evidence not adduced before the court in the proceedings in which the person was acquitted, evidence which had been available to be used in those proceedings but had not been used might be new evidence for those purposes.”
WLR Daily, 29th February 2012
Source: www.iclr.co.uk
“Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves.”
Full story (PDF)
No. 5 Chambers, 1st March 2012
Source: www.no5.com
“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”
Full story (PDF)
Byrom Street Chambers, 23rd February 2012
Source: www.byromstreet.com
“People who mask their faces to conceal their identity or carry anything that could be used as a weapon during protests should be pursued more vigorously by the law in the event of disorder, according to fresh guidance from the Crown Prosecution Service.”
The Guardian, 6th March 2012
Source: www.guardian.co.uk
“A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled ‘Age and Employment’ is now available.”
Cloisters, 22nd February 2012
Source: www.cloisters.com
“Video hearings are being extended in a number of courts across the country as part of an initiative involving police and courts staff working together. Assistant Chief Constable Ruth Purdie from Cheshire Police explains the benefits of these new ‘virtual courts’ for the justice system.”
Ministry of Justice, 27th February 2012
Source: www.justice.gov.uk
“Government attempts to save £350m by limiting the availability of legal aid have suffered a succession of defeats in the House of Lords.”
The Guardian, 5th March 2012
Source: www.guardian.co.uk
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