Current Awareness

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same

Posted October 23rd, 2012 in appeals, armed forces, human rights, law reports, negligence, treaties by sally

Smith and others v Ministry of Defence; Ellis and another v Same; Allbutt and others v Same [2012] EWCA Civ 1365; [2012] WLR (D) 281

“Claims arising from the deaths of soldiers on active service abroad alleging breach of the right to life in article 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms fell outside the United Kingdom’s jurisdiction under the Convention. However claims in negligence for failing to provide safe equipment and technology to serving soldiers who suffered death or injury were justiciable.”

WLR Daily, 19th October 2012

Source: www.iclr.co.uk

Government of the United States of America v Nolan (Case C-583/10) – WLR Daily

Posted October 23rd, 2012 in armed forces, EC law, jurisdiction, law reports, recusal, redundancy by sally

Government of the United States of America v Nolan (Case C-583/10); [2012] WLR (D) 280

“Since civilian employees at a military base were covered by the exemption from the provisions of Council Directive 98/59/EC provided by article 1(2)(b), the Court of Justice of the European Union did not have jurisdiction, on a reference in proceedings concerning dismissals resulting from a strategic decision concerning the closure of a military base, to give an interpretation of the provisions of that Directove, even though domestic law implemented it.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Regina v Williams (Orette) – WLR Daily

Posted October 23rd, 2012 in appeals, firearms, law reports by sally

Regina v Williams (Orette) [2012] EWCA Crim 2162; [2012] WLR (D) 279

“As a matter of ordinary interpretation, section 1(5) of the Firearms Act 1982 imposed a reverse, legal, burden on a defendant to show that he did not know and had no reason to suspect that the imitation firearm in his possession was readily convertible into a prohibited firearm. That derogation from the presumption of innocence was justified because it was reasonable and proportionate and balanced the importance of what was at stake for the public with the maintenance of the normal rights of the defendant.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

‘Unacceptable force’ used by G4S staff deporting pregnant woman – The Guardian

Posted October 23rd, 2012 in deportation, families, immigration, news, reports by sally

“A pregnant woman in a wheelchair was tipped up and had her feet held by staff from G4S, the firm behind the Olympics security shambles, as she was forcibly removed from the country. The disclosure comes in the first report into conditions at a new centre designed to hold families facing deportation from the UK.”

Full story

The Guardian, 23rd October 2012

Source: www.guardian.co.uk

‘What were they thinking?’: Paedophile spared jail went on to rape child – Daily Telegraph

Posted October 23rd, 2012 in incitement, indecent photographs of children, news, rape, recidivists, sexual offences by sally

“A senior judge yesterday criticised fellow members of the judiciary after a convicted paedophile who was spared jail advertised himself as a babysitter online and went on to rape a child.”

Full story

Daily Telegraph, 23rd October 2012

Source: www.telegraph.co.uk

Hillsborough: new chief coroner hints at inquest role – BBC News

Posted October 23rd, 2012 in coroners, health & safety, inquests, news, police, sport by sally

“For more than 700 years, coroners have investigated sudden and unexpected deaths in their own areas of England and Wales without the sort of hierarchy that governs other judicial officers. But last month the first chief coroner started work, with a brief to ensure that coroners are better trained and organised.”

Full story

BBC News, 23rd October 2012

Source: www.bbc.co.uk

Chris Grayling puts ‘punishment backing into community sentencing’ – The Guardian

Posted October 23rd, 2012 in community service, electronic monitoring, news, rehabilitation, sentencing by sally

“Tougher community sentences, which almost all include an element of punishment and could see more convicted offenders wearing GPS tags to monitor their location, will be announced on Tuesday.”

Full story

The Guardian, 23rd October 2012

Source: www.guardian.co.uk

CPO over unoccupied property can be made even when dwelling not ’empty’, says court – OUT-LAW.com

Posted October 22nd, 2012 in compulsory purchase, empty dwelling management orders, housing, local government, news by sally

“A local housing authority may make a compulsory purchase order (CPO) over an unoccupied house even where the house is not ’empty’ for the purposes of the empty dwellings management orders (EDMO) regime, a High Court judge has ruled.”

Full story

OUT-LAW.com, 22nd October 2012

Source: www.out-law.com

Frankie Boyle wins more than £50,000 libel damages from Daily Mirror – The Guardian

Posted October 22nd, 2012 in damages, defamation, media, news, racism by sally

“The comedian Frankie Boyle has been awarded £54,650 in damages after a high court jury found that he had been libelled by the Daily Mirror.”

Full story

The Guardian, 22nd October 2012

Source: www.guardian.co.uk

Levi Bellfield contempt fine for Daily Mail and Daily Mirror – BBC News

Posted October 22nd, 2012 in contempt of court, fines, media, news by sally

“Two national newspapers found guilty of contempt of court over their coverage of Levi Bellfield’s conviction for the murder of Milly Dowler have been fined.”

Full story

BBC News, 22nd October 2012

Source: www.bbc.co.uk

Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11) – WLR Daily

Posted October 22nd, 2012 in EC law, fixed-term contracts, law reports by sally

Valenza v Autorità Garante della Concorrenza e del Mercato (Joined Cases C-302/11–C-305/11); [2012] WLR (D) 278

“Clause 4 of the framework agreement on fixed-term work concluded on 18 March 1999, annexed to Council Directive 1999/70/EC, precluded national legislation which completely prohibited periods of service completed by a fixed term worker for a public authority being taken into account in order to determine the length of service of that worker upon his recruitment on a permanent basis by that same authority as a career civil servant under a stabilisation procedure specific to his employment relationship, unless that prohibition was justified on ‘objective grounds’ for the purposes of clause 4(1) and/or (4). The mere fact that the fixed term worker completed those periods of service on the basis of a fixed term employment contract or relationship did not constitute such an objective ground.”

WLR Daily, 18th October 2012

Source: www.iclr.co.uk

Companies should consider intention behind allowances after Supreme Court ruling on holiday pay says expert – OUT-LAW.com

Posted October 22nd, 2012 in employment tribunals, holiday pay, news, Supreme Court by sally

“Employers must consider the intention behind payments made on top of an employee’s basic pay following the Supreme Court’s ruling that pilots should be paid their ‘normal remuneration’ during their four weeks’ statutory annual leave, an expert has said.”

Full story

OUT-LAW.com, 22nd October 2012

Source: www.out-law.com

Community justice: The power of the panel – BBC News

Posted October 22nd, 2012 in budgets, courts, news, restorative justice, volunteers by sally

“John Gallagher describes a neighbour dispute which had run for seven years and descended into an anti-social behaviour case.

It was finally brought to an end in a guildhall in South Somerset through a community justice panel.”

Full story

BBC News, 20th October 2012

Source: www.bbc.co.uk

In the Name of God: deciding a child’s education and Re G (Children) – Family Law Week

Posted October 22nd, 2012 in children, education, Judaism, news, parental rights by sally

“Karwan Eskerie, barrister, of 1 Crown Office Row considers Munby J’s judgment in Re G (Children) where the court had to decide between the ultra orthodox Jewish parents’ conflicting wishes for their child’s education.”

Full story

Family Law Week, 21st October 2012

Source: www.familylawweek.com

Consultation launches on how best to record crime outcomes – Home Office

Posted October 22nd, 2012 in consultations, news, police, statistics by sally

“The government is seeking views on whether the way crime outcomes are recorded should be broadened to better reflect the work police officers do.”

Full story

Home Office, 19th October 2012

Source: www.homeoffice.gov.uk

Lord Erskine and Trial by Jury – Lecture by Lord Neuberger

Posted October 22nd, 2012 in advocacy, juries, legal history, news, trials by sally

Lord Erskine and Trial by Jury (PDF)

Lecture by Lord Neuberger

Seckford Lecture, 18th October 2012

Source: www.supremecourt.gov.uk

No Direction Home? Financial Remedies and the Medium Asset case – Family Law Week

Posted October 22nd, 2012 in child support, divorce, family courts, news by sally

“Alexander Chandler, barrister, 1 Garden Court examines the principles the courts will apply in medium asset cases and offers practical guidance to those faced with the challenge of ‘stretching’ limited assets.”

Full story

Family Law Week, 21st October 2012

Source: www.familylawweek.com