Prisoner votes: Strasbourg should give way to national independence – The Guardian

Posted October 30th, 2012 in constitutional law, courts, elections, human rights, news, parliament, prisons by sally

“The constitutional crisis predicted for years by Professor Vernon Bogdanor is upon us. He warned that the human rights reforms of the 1990s created a potential conflict between the sovereignty of parliament and the rule of law. ‘What happens if there is a clash between the two principles?’ he asked in his Magna Carta lecture of 2006. A very senior judge to whom he had posed the conundrum had replied ‘That is a question that ought not to be asked.'”

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The Guardian, 29th October 2012

Source: www.guardian.co.uk

Ryan Coleman-Farrow jailed for faking rape case records – BBC News

Posted October 30th, 2012 in case management, misfeasance in public office, news, police, rape, sentencing by sally

“A former Metropolitan Police detective constable who specialised in rape cases has been sentenced to 16 months in prison for faking police records.”

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BBC News, 29th October 2012

Source: www.bbc.co.uk

More offenders to meet their victims under plan to expand restorative justice – Daily Telegraph

Posted October 30th, 2012 in bills, news, restorative justice, victims by sally

“More offenders will have to meet their victims and apologise before being sentenced under a rapid expansion of restorative justice unveiled on Tuesday.”

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Daily Telegraph, 30th October 2012

Source: www.telegraph.co.uk

Child benefit cuts ‘may be illegal’ – Daily Telegraph

Posted October 30th, 2012 in benefits, children, illegality, news by sally

“Cutting child benefit for middle-class parents breaks European laws by discriminating against Britons and is open to legal challenge, ministers have been told.”

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Daily Telegraph, 29th October 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 30th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Dixon, R. v [2012] EWCA Crim 2163 (05 October 2012)

Ferriter, R. v [2012] EWCA Crim 2211 (03 October 2012)

Matthews, R. v [2012] EWCA Crim 2154 (27 September 2012)

Williamson, R. v [2012] EWCA Crim 2114 (02 August 2012)

Court of Appeal (Civil Division)

Whiston, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1374 (25 October 2012)

Davies & Ors v Secretary of State for Energy and Climate Change [2012] EWCA Civ 1380 (25 October 2012)

Preston, R (on the application of) v The Lord President of the Council [2012] EWCA Civ 1378 (25 October 2012)

Brown v London Borough of Richmond Upon Thames [2012] EWCA Civ 1384 (26 October 2012)

Donovan v London Borough of Barking & Dagenham [2012] EWCA Civ 1375 (26 October 2012)

AA, R (on the application of) v Secretary of State for the Home Department [2012] EWCA Civ 1383 (26 October 2012)

Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 (26 October 2012)

The Trade Mark Licensing Co Ltd & Anor v Leofelis SA & Ors [2012] EWCA Civ 1366 (26 October 2012)

ZA & Anor v NA [2012] EWCA Civ 1396 (26 October 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 29th, 2012 in legislation by sally

The Inspectors of Education, Children’s Services and Skills Order 2012

The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2012

The Police Act 1997 (Criminal Records) (Amendment No. 3) Regulations 2012

The Zootechnical Standards (England) Regulations 2012

The Crime and Disorder (Formulation and Implementation of Strategy) (Amendment) Regulations 2012

The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Revocation) Order 2012

The Police Reform and Social Responsibility Act 2011 (Commencement No. 6) Order 2012

The Police Act 1997 (Criminal Records and Registration) (Jersey) (Amendment No. 2) Regulations 2012

The Police Act 1997 (Criminal Records and Registration) (Isle of Man) (Amendment No. 2) Regulations 2012

The Police Act 1997 (Criminal Records and Registration) (Guernsey) (Amendment No. 2) Regulations 2012

Source: www.legislation.gov.uk

Withdrawn, dismissed or discontinued – the extent of consent – NearlyLegal

Posted October 29th, 2012 in appeals, consent orders, landlord & tenant, news, receivers, trespass by sally

“A case perhaps best filed under the ‘Ooops’ category, which only took a trip to the Court of Appeal to sort out.”

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NearlyLegal, 25th October 2012

Source: www.nearlylegal.co.uk

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10) – WLR Daily

Posted October 29th, 2012 in aircraft, carriage by air, compensation, delay, EC law, international law, law reports by sally

Nelson and others v Deutsche Lufthansa AG Regina (TUI Travel plc and others) v Civil Aviation Authority (Joined Cases C-581/10–C-629/10); [2012] WLR (D) 293

“Passengers whose flights were delayed were entitled, under certain circumstances, to compensation pursuant to article 5 to 7 of Parliament and Council Regulation (EC) No 261/2004 of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91.”

WLR Daily, 23rd October 2012

Source: www.iclr.co.uk

Folien Fischer AG and another v Ritrama SpA (Case C-133/11) – WLR Daily

Posted October 29th, 2012 in competition, conflict of laws, EC law, jurisdiction, law reports by sally

Folien Fischer AG and another v Ritrama SpA (Case C-133/11); [2012] WLR (D) 292

“An action for a negative declaration seeking to establish the absence of liability in tort, delict, or quasi-delict fell within the scope of article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (OJ 2001 L12, p 1).”

WLR Daily, 25th October 2012

Source: www.iclr.co.uk

Market impacts of the Legal Services Act 2007 – Legal Services Board

Posted October 29th, 2012 in legal services, Legal Services Board, markets, news, statistics by sally

Market impacts of the Legal Services Act 2007 – Baseline Report (Final) 2012 (PDF)

Legal Services Board, 25th October 2012

Source: www.legalservicesboard.org.uk

Parliament and the judiciary – Speech by the Attorney General Dominic Grieve QC MP

Posted October 29th, 2012 in human rights, judiciary, parliament, parliamentary privilege, speeches by sally

Parliament and the judiciary

Speech by the Attorney General Dominic Grieve QC MP

BPP Law School, 25th October 2012

Source: www.attorneygeneral.gov.uk

Winterbourne View abusers sentenced – Crown Prosecution Service

Posted October 29th, 2012 in abuse of position of trust, care homes, care workers, news, sentencing by sally

“11 people have been sentenced for ill-treating patients at the Winterbourne View care home near Bristol.”

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Crown Prosecution Service, 26th October 2012

Source: http://blog.cps.gov.uk

Gay sperm donor told to pay child maintenance for ‘his’ two children – The Guardian

Posted October 29th, 2012 in artificial insemination, child support, news, paternity by sally

“A gay man from Essex who donated his sperm to enable a lesbian couple to have two children, but who was never named on their birth certificate and had no role in their upbringing, is being forced by the Child Support Agency to pay for their support – 13 years after the first child was born.”

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The Guardian, 26th October 2012

Source: www.guardian.co.uk

Supreme Court ruling on foreign insolvency judgments “goes against global nature of business” says expert – OUT-LAW.com

Posted October 29th, 2012 in appeals, enforcement, foreign jurisdictions, insolvency, news, Supreme Court by sally

“Insolvency cases should not be treated differently to other cases when it comes to deciding what foreign judgments can be enforced in the UK, the Supreme Court has said.”

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OUT-LAW.com, 26th October 2012

Source: www.out-law.com

Ad watchdog to launch crackdown on misleading internet ads – Daily Telegraph

Posted October 29th, 2012 in advertising, complaints, consumer protection, internet, news, ombudsmen by sally

“The advertising watchdog will launch a crackdown next year on businesses that run misleading internet ads that rip off consumers.”

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Daily Telegraph, 27th October 2012

Source: www.telegraph.co.uk

Last quango in Paris? Why the fate of the EHRC is important for all of us – UK Human Rights Blog

Posted October 29th, 2012 in bills, human rights, jurisdiction, news by sally

“In its foreign policy, the UK Government is a keen advocate of national human rights institutions (NHRI’s). The Brighton Declaration, drafted by the UK, encourages Council of Europe States to consider ‘the establishment, if they have not already done so, of an independent National Human Rights Institution’. In June 2012 the UK signed a UN General Assembly resolution ‘Reaffirming the important role that such national institutions play and will continue to play.’”

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UK Human Rights Blog, 28th October 2012

Source: www.ukhumanrightsblog.com

Prisoners to launch legal action on voting rights – The Guardian

Posted October 29th, 2012 in compensation, elections, human rights, news, prisons by sally

“Prisoners denied the right to vote are to start legal proceedings for compensation immediately in wake of the declaration by David Cameron that he will not change the law despite a ruling by the European court of human rights and the views of his senior law officer Dominic Grieve.”

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The Guardian, 28th October 2012

Source: www.guardian.co.uk

Right to Manage – the Court of Appeal speaks – NearlyLegal

Posted October 29th, 2012 in appeals, housing, landlord & tenant, leases, news, service charges by sally

“Gala Unity Ltd v Ariadne Road RTM Co Ltd [2012] EWCA Civ 1372 is important for those doing long leasehold work. I’m not entirely sure it’s right (or, perhaps a better way of putting it, I’m not sure it’s a good decision, it may be right within the statutory framework), but I’ll save that for the end. Since this is the first Right to Manage case to reach the Court of Appeal, I’ll set out some of the relevant background.”

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NearlyLegal, 27th October 2012

Source: www.nearlylegal.co.uk

Government orders building standards review – The Guardian

Posted October 29th, 2012 in budgets, construction industry, health & safety, housing, local government, news, regulations by sally

“Regulations covering building standards, including fire safety and wheelchair access, could be torn up in a government plan to cut costs for the construction industry and boost the economy.”

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The Guardian, 26th October 2012

Source: www.guardian.co.uk

BCL No.2: The Supreme Court addresses time limits in follow-on claims – Competition Bulletin from Blackstone Chambers

Posted October 29th, 2012 in appeals, competition, damages, news, Supreme Court, time limits by sally

“The White Paper which first proposed follow-on damages claims promised a ‘swift’ and ‘streamlined’ procedure. The idea was that when a regulator had made an infringement finding, there would be a simple way for victims to claim damages without having to prove the infringement afresh.”

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Competition Bulletin from Blackstone Chambers, 28th October 2012

Source: www.competitionbulletin.com