Tough action on stalking – Home Office
“Victims will have extra protection as stalking becomes a specific criminal offence for the first time.”
Home Office, 26th November 2012
Source: www.homeoffice.gov.uk
In re Press Association – WLR Daily
In re Press Association [2012] EWCA Crim 2434; [2012] WLR (D) 343
“The court did not have the power under section 4(2) of the Contempt of Court Act 1981 nor under section 1(2) of the Sexual Offences (Amendment) Act 1992 to make an order anonymising the name of a defendant. It was for those responsible for decisions relating to publication to ensure that the provisions which protected the public identification of a complainant in sexual cases were obeyed and they did so, not because there were enjoined to do so by judicial order, but because it was a statutory requirement.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
The Rugby Football Union v Consolidated Information Services Ltd (formerly Viagogo Ltd) (in liquidation) – WLR Daily
“When exercising its discretion as to whether to grant an order for the disclosure of information, which included the disclosure of personal data about identifiable individuals, the court was not confined to weighing the impact of the disclosure on the individuals concerned against the value to the claimant of obtaining the information, but was entitled have regard to other relevant factors including the strong public interest in allowing a claimant to vindicate his legal rights and whether the making of the order would deter similar wrongdoing in the future.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
Attorney General v National Assembly for Wales Commission and others – WLR Daily
“Provisions in the Local Government Byelaws (Wales) Bill, which were necessary to give effect to the Bill but raised no separate issue of principle, were incidental to or consequential to the Bill’s primary purpose of removing the requirement for the confirmation of byelaws by the Welsh Ministers as part of the overall streamlining and modernising of the way in which byelaws were made in Wales and, on a true construction, were within the legislative competence of the National Assembly for Wales.”
WLR Daily, November 2012
Source: www.iclr.co.uk
Bank Handlowy w Warszawie SA and another v Christianapol sp z oo – WLR Daily
Bank Handlowy w Warszawie SA and another v Christianapol sp z oo (Case C-116/11); [2012] WLR (D) 340
“On the proper interpretation of Council Regulation (EC) No 1346/2000, it was for the national law of the member state in which insolvency proceedings had been opened to determine at which moment the closure of those proceedings occurred. Where proceedings had a protective purpose, it was permissible to open secondary insolvency proceedings in the member state in which the debtor had an establishment. The court before which an application to have secondary insolvency proceedings opened had been made, could not examine the insolvency of a debtor against which main proceedings had been opened in another member state, even where the latter proceedings had a protective purpose.”
WLR Daily, 22nd November 2012
Source: www.iclr.co.uk
Moreno v Instituto Nacional de la Seguridad Social (INSS) and another – WLR Daily
“Article 4 of Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security precluded legislation of a member state which required a proportionally greater contribution period from part-time workers, the vast majority of whom were women, than from full-time workers for the former to qualify, if appropriate, for a contributory retirement pension in an amount reduced in proportion to the part-time nature of their work.”
WLR Daily, 22nd November 2012
Source: www.iclr.co.uk
Domestic violence accounts for 10% of emergency calls, data shows – The Guardian
“One in 10 emergency calls to police are categorised as domestic violence related, rising in some areas to a fifth of all 999 alerts.”
The Guardian, 24th November 2012
Source: www.guardian.co.uk
Divorcing parents turn to ‘brainwashing’ children in custody battles – Daily Telegraph
“Warring parents are increasingly attempting to ‘brainwash’ their children to get the upper hand in custody disputes, according to lawyers.”
Daily Telegraph, 24th November 2012
Source: www.telegraph.co.uk
Former spy Mark Kennedy sues police for ‘failing to stop him falling in love’ – The Guardian
“A former spy is suing the Metropolitan police for failing to ‘protect’ him from falling in love with one of the environmental activists whose movement he infiltrated.”
The Guardian, 25th November 2012
Source: www.guardian.co.uk
Rich crooks net vast legal aid sums – BBC News
“Dozens of super-rich criminals – some worth tens of millions – have received vast sums in legal aid despite their illicit fortunes, an investigation has revealed.”
BBC News, 26th November 2012
Source: www.bbc.co.uk
Plan to allow ‘disproportionate force’ against burglars included in crime bill – The Guardian
“The justice secretary’s promise to give householders the right to deploy ‘disproportionate force’ in defending their homes will be incorporated into a parliamentary bill this week.”
The Guardian, 25th November 2012
Source: www.guardian.co.uk
PCC chair says he has widespread media backing for self-regulation plan – The Guardian
“The head of the Press Complaints Commission (PCC), Lord Hunt, has said there is widespread agreement within the media for a proposed new self-regulation body he is arguing should be introduced in the wake of the Leveson report into press standards, which is published on Thursday.”
The Guardian, 26th December 2012
Source: www.guardian.co.uk
Prison mentors: ‘I’ve been in trouble almost all the time’ – BBC News
“The government wants to give more prisoners on sentences of less than 12 months a mentor – who may themselves be an ex-offender – to try to cut reoffending.”
BBC News, 26th November 2012
Source: www.bbc.co.uk
New laws designed to give extra protection to victims of stalking come into force – The Independent
“Two specific criminal offences of stalking have come into force in England and Wales for the first time.”
The Independent, 26th November 2012
Source: www.independent.co.uk
UBS fined £30m over rogue trader – The Guardian
“UBS has been fined £30m by the UK’s Financial Services Authority – and could see its investment banking activities hampered by the Swiss regulator – after the former trader Kweku Adoboli was jailed for fraud.”
The Guardian, 26th November 2012
Source: www.guardian.co.uk
Man jailed for five years after threatening neighbour with sex aid – Daily Telegraph
“A man who threatened his neighbour with a sexual aid tucked into his trousers has been jailed for five years after police mistook it for a firearm.”
Daily Telegraph, 23rd November 2012
Source: www.telegraph.co.uk
Father jailed after refusing to move from his own land – Daily Telegraph
“A working father who refused to leave his family-owned land in the ‘millionaires’ row’ of a picturesque village while he sought permission for a £32,000 eco-house has been jailed.”
Daily Telegraph, 23rd November 2012
Source: www.telegraph.co.uk
Peter Cole jailed for Ambrose Skingle Theydon Bois death – BBC News
“An elderly man who lied about his failing eyesight has been jailed after he killed a pedestrian.”
BBC News, 23rd November 2012
Source: www.bbc.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
High Court (Chancery Division)
Arrowgame Ltd v Maxwell Brent Wildsmith & Ors [2012] EWHC 3315 (Ch) (22 November 2012)
High Court (Commercial Court)
Terna Bahrain Holding Company Wll v Al Shamsi & Ors [2012] EWHC 3283 (Comm) (22 November 2012)
High Court (Queen’s Bench Division)
London Borough of Richmond Upon Thames v Kubicek [2012] EWCA 3292 (QB) (23 November 2012)
Source: www.bailii.org
Regina (BB (Algeria)) v Special Immigration Appeals Commission and another – WLR Daily
“The decision to deport an individual and the grant of conditional bail pending deportation did not involve a determination of civil rights within the meaning of article 6 of the Convention for the Protections of Human Rights and Fundamental Freedoms, and accordingly the fair trial provisions in article 6 had no application to that decision. Where bail conditions interfered with an individual’s article 8 rights to protection of private and family life but did not amount to deprivation of liberty, the individual had to be able to make an effective challenge to the decision but was not without more entitled to the disclosure of information relating to the national security case against him.”
WLR Daily, 19th November 2012
Source: www.iclr.co.uk
