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
Various Claimants v Catholic Child Welfare Society and others – WLR Daily
Various Claimants v Catholic Child Welfare Society and others: [2012] UKSC 56; [2012] WLR (D) 335
“A lay Catholic teaching order whose brother members were assigned by it to teach at various schools was jointly vicariously liable with the school management body for acts of physical and sexual abuse committed by the brothers while employed by the school management body at a residential school.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
Samin v Westminster City Council – WLR Daily
Samin v Westminster City Council: [2012] EWCA Civ 1468; [2012] WLR (D) 336
“A migrant worker from another EU member state who could not establish that he was temporarily unable to work as a result of illness or accident within regulation 6(2)(a) of the Immigration (European Economic Area) Regulations 2006 was not entitled to housing provision from a local authority as a homeless person under Part VII of the Housing Act 1996.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
Shagroon v Sharbatly – WLR Daily
Shagroon v Sharbatly: [2012] EWCA Civ 1507; [2012] WLR (D) 337
“An English court would not recognise an overseas divorce, even if it was recognised by the country where the divorce had taken place, if the marriage performed between the parties was not recognised or recognisable in English law within the meaning of the Marriage Acts 1949 to 1986. Therefore, an English court had no jurisdiction to entertain a financial relief claim made under section 12 of the Matrimonial and Family Proceedings Act 1984 by a party to such a marriage.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
Regina v Oakes; Regina v Restivo; Regina v Roberts; Regina v Stapleton – WLR Daily
“The provisions of Schedule 21 to the Criminal Justice Act 2003, which enabled the court in a case of exceptional seriousness to sentence an offender to life imprisonment with a whole life term as the specified minimum sentence, were not incompatible with and did not contravene article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms provided the judge specifying the minimum term was satisfied that, taking into account all the aggravating and mitigating factors, the element of just punishment and retribution required the imposition of a whole life order.”
WLR Daily, 21st November 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Land Charges Fees (Amendment) Rules 2012
The Criminal Justice Act 2003 (Commencement No. 30 and Consequential Amendment) Order 2012
The Inheritance Tax (Market Makers and Discount Houses) Regulations 2012
The Income Tax (Purchased Life Annuities) (Amendment) Regulations 2012
The Crime (Sentences) Act 1997 (Commencement No. 5) Order 2012
The Official Secrets Act 1989 (Prescription) (Amendment) Order 2012
The Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012
The Land Charges (Amendment) Rules 2012
Source: www.legislation.gov.uk
A View Across The System: London Common Law and Commercial Bar Association – Speech by Lord Justice Gross
“” It is a pleasure to be here this evening to deliver the LCLCBA’s annual lecture. It is some time now since I was the chairman of the Association and I am glad to see that under the chairmanship of Michael Kent QC it continues to go from strength to strength. The role played in the development of the profession, and the interests of their members, of specialist Bar Associations, such as the LCLCBA is of immense importance and will continue to be so. I should emphasise that the views I express are my own; I do not purport to speak for the judiciary more generally…”
Judiciary of England and Wales, 22nd November 2012
Source: www.judiciary.gov.uk
Flexible changes to Immigration Rules for the brightest and best – Home Office
“Changes to the Immigration Rules, which will ensure the UK remains the destination of choice for exceptional overseas talent, have been published today.”
Home Office, 22nd November 2012
Source: www.homeoffice.gov.uk
“Murder most foul”: whole life imprisonment not a human rights breach – UK Human Rights Blog
“Oakes and others v R [2012] EWCA Crim 2435 – the imposition of whole life orders for extremely serious crimes does not violate the prohibition on inhuman and degrading treatment under Article 3.”
UK Human Rights Blog, 22nd November 2012
Sooure: www.ukhumanrightsblog.com
New anonymisation code sets out how to manage privacy risks and maintain transparency – Information Commissioner’s Office
“The Information Commissioner’s Office (ICO) has today published its data protection code of practice on managing the risks related to anonymisation. The code explains how to protect the privacy rights of individuals while providing rich sources of data.”
Information Commissioner’s Office, 20th November 2012
Source: www.ico.gov.uk
ISPs will first determine whether public Wi-Fi providers are subject to anti-piracy code, Ofcom says – OUT-LAW.com
“Internet service providers (ISPs) will decide whether libraries, cafes and other public Wi-Fi network providers should be served with letters warning them that their service is being used to infringe copyright, Ofcom’s head of copyright has said.”
OUT-LAW.com, 22nd November 2012
Source: www.out-law.com
RFU plans tough sanctions against ticket resellers after Supreme Court dismisses privacy concerns around disclosure – OUT-LAW.com
“A website operator must disclose the names and addresses of people who used the site to trade rugby tickets after the Supreme Court said that doing so would not be a disproportionate infringement of those individuals’ privacy rights.”
OUT-LAW.com, 22nd November 2012
Source: www.out-law.com
Online behavioural advertising transparency and opt out requirements to be set out in UK advertising rules – OUT-LAW.com
“Behavioural advertising networks will be subject to UK advertising rules from February next year, the advertising regulator has said.”
OUT-LAW.com, 22nd November 2012
Source: www.out-law.com
Deja Vu All Over Again (and again) – NearlyLegal
“In Samin v Westminster CC [2012] EWCA Civ 1468, the Court of Appeal had to decide what was meant by someone being ‘temporarily unable to work’ so as to determine if Mr Samin retained his status as a ‘worker’ under the Immigration (European Economic Area) Regulations 2006.”
NearlyLegal, 22nd November 2012
Source: www.nearlylegal.co.uk/blog/
Female genital mutilation – time for a prosecution – Halsbury’s Law Exchange
“There has been legislation in this country to criminalise female genital mutilation (FGM) for a long time and not one successful prosecution. The three cases referred to the CPS in the last two years had significant evidential difficulties and there was no realistic prospect of conviction.”
Halsbury’s Law Exchange, 19th November 2012
Source: www.halsburyslawexchange.co.uk
Children’s experience of parental separation: research challenges law change proposal – Family Law week
“Government plans to amend the 1989 Children Act by introducing a presumption of shared parenting are well-intentioned but misguided, say the authors of new research into childhood experience of family break-ups.”
Family Law Week, 22nd November 2012
Source: www.familylawweek.co.uk
Association of Lawyers for Children – Annual Conference Keynote Speech by The Hon Mr Justice Ryder
“The Honourable Mr Justice Ryder delivered the keynote speech in Bristol at the annual conference on Friday 16 November 2012.”
Association of Lawyers for Children, 16th November 2012
Source: www.alc.org.uk
