“Where the Common Law fears to tread – Annual Lecture for ALBA 2012 by Lord Dyson, Master of the Rolls.”
Judiciary of England and Wales, 9th November 2012
Source: www.judiciary.gov.uk
“Victims of domestic violence and abuse aged 16 and 17 will be recognised under a new cross-government definition, deputy prime minister Nick Clegg announced today (Wednesday 19 September 2012).”
Home Office, 5th November 2012
Source: www.homeoffice.gov.uk
“What should Ofcom do when mobile network operators (‘MNOs’) spot a loophole in the regulator’s price control mechanism and proceed to ‘game’ the system over several years, increasing their revenues by many millions of pounds?”
Competition Bulletin from Blackstone Chambers, 6th November 2012
Source: www.competitionbulletin.com
“Judges at the High Court today jailed a juror for four months for contempt of court, after he admitted discussing the trial with two of the defendants while it was still ongoing.”
Attorney General’s Office, 8th November 2012
Source: www.attorneygeneral.gov.uk
“Smith & Ors v The Ministry of Defence [2012] EWCA Civ 1365
Last month, the Court of Appeal decided that the negligence claims of the families of five British soldiers killed on duty in Iraq could go ahead. It would be for the High Court to decide on the facts whether decisions made about troops’ equipment and training fell within the long-standing doctrine of ‘combat immunity’. The appellants were however unsuccessful in arguing that the Human Rights Act 1998 (HRA) applied.“
UK Human Rights Blog, 9th November 2012
Source: www.ukhumanrightsblog.com
“The ‘personal data’ provisions under s. 40(2) FOIA and regulation 13 EIR can often be very difficult to apply, particularly in light of the Durant ‘notions of assistance’, namely biographical significance and focus. It is correspondingly difficult to predict how such arguments will fare before the Tribunal. Two recent cases offer good illustrations. Both saw the Tribunal order disclosure of property-related personal data which was deemed to be of ‘low inherent sensitivity.’ ”
Panopticon, 8th November 2012
Source: www.panopticonblog.com
“Businesses do not have a general claim of ownership over the content in staff emails, a High Court judge has said.”
OUT-LAW.com, 8th November 2012
Source: www.out-law.com
“A stamp duty land tax (SDLT) avoidance scheme which involved the interaction of the sub-sale and the partnership rules was effective, according to the Upper Tribunal.”
OUT-LAW.com, 8th November 2012
Source: www.out-law.com
“The Court of Appeal has handed down judgement in a case that will probably come to characterise the operation of Article 8 in the daily life of the County Courts.”
NearlyLegal, 9th November 2012
Source: www.nearlylegal.co.uk/blog/
“The Law Society has hit back at claims that the current system of legal education and training is unfit for purpose. In a critical response to a discussion paper published by the cross-professional Legal Education and Training Review (LETR), the Society says it is ‘not aware of clear evidence that the current system is broken’.”
Law Society’s Gazette, 8th November 2012
Source: www.lawgazette.co.uk
“A biker who reached speeds of 144mph (232km/h) on an A-road in North Yorkshire has been banned from riding for six months.”
BBC News, 8th November 2012
Source: www.bbc.co.uk
“A group of care homes has won a legal challenge against their local council, after accusing it of setting care fees too low and putting elderly and frail people at serious risk.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“A man jailed for beating up a friend he saw embracing his wife has been freed on appeal – after she belatedly confessed to the affair.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“Personal injury lawyer says bill making workers prove company negligence favours insurance industry at expense of taxpayer.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
“Former News of the World editor Andy Coulson has challenged a high court ruling that News International is not liable to pay his legal fees over the phone-hacking scandal. Lawyers for Coulson told the court of appeal in London on Thursday that criminal charges relating to his time as editor of the Sunday tabloid were ‘absolutely essential’ to the meaning of a key clause in his contract with News International.”
The Guardian, 8th November 2012
Source: www.guardian.co.uk
“A woman who fatally stabbed her husband with a pair of scissors in a row about tidying their house has been jailed.”
BBC News, 8th November 2012
Source: www.bbc.co.uk
“The son of Islamic cleric Abu Hamza al-Masri has been jailed for 11 years over an armed raid on a Norfolk jewellers.”
BBC News, 8th November 2012
Source: www.bbc.co.uk
“A multi-millionaire estate owner from an ‘illustrious family’ has been ordered to pay his ex-wife £8.7m after falling in love with a penniless young singer, as a judge ruled the ‘lady of the manor’ should be kept in the luxury she had expected since birth.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“The Commons home affairs select committee said the growing number of immigration cases — which includes almost 174,000 missing illegal immigrants — is equivalent of the population of Iceland. Mismanagement by the UK Border Agency could lead to tens of thousands more illegal immigrants being granted an ‘effective amnesty’ as officials write off their cases, the MPs said.”
Daily Telegraph, 8th November 2012
Source: www.telegraph.co.uk
“Before the new immigration rules were introduced in July, cases involving Article 8 ECHR ordinarily required a two-stage assessment: (1) first to assess whether the decision appealed against was in accordance with the immigration rules; (2) second to assess whether the decision was contrary to the appellant’s Article 8 rights. In immigration decisions, there was no doubt that human rights were rooted in primary legislation: s.84(1)(c) and (g) of the Nationality, Immigration and Asylum Act 2002, the ‘2002 Act’) allows an appeal to be brought against a decision which unlawful under section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Human Rights Convention) as being incompatible with the appellant’s Convention rights. In addition to this, there is s.33(2) of the UK Borders Act 2007 which provides, as one of the statutory exceptions to the automatic deportation regime, ‘…where removal of the foreign criminal in pursuance of a deportation order would breach (a) a person’s Convention rights’.”
UK Human Rights Blog, 8th November 2012
Source: www.ukhumanrightsblog.com
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