Update on recent Tribunal decisions part 1: the evolving approach to vexatiousness and manifest unreasonableness – Panopticon

Posted November 5th, 2012 in disclosure, freedom of information, investigatory powers, news, reasons by sally

“In recent months, the major information law issues have involved the government’s vetoing disclosure of the Prince Charles ‘black spider’ letters, its response to the draft new EU Data Protection Regulation, a number of Article 8 decisions concerning police and criminal records and changes to RIPA. On this last point, note that as of last Thursday, local authorities require a magistrate’s approval for authorising directed surveillance.”

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Panopticon, 4th November 2012

Source: www.panopticonblog.com

Civil liberties stance over secret courts plan too simplistic, says Ken Clarke – The Guardian

Posted November 5th, 2012 in bills, closed material, human rights, intelligence services, news by sally

“Civil liberties groups are being too ‘simplistic’ and purist in their opposition to the government’s justice and security bill, Ken Clarke has said.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Noisy neighbours may be protected by new law to stop council snooping – The Guardian

Posted November 5th, 2012 in complaints, environmental health, investigatory powers, local government, news, noise, privacy by sally

“A new law to stop councils using counter-terrorism powers to snoop on people is thwarting efforts to tackle noisy neighbours, according to environmental health experts.”

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The Guardian, 4th November 2012

Source: www.guardian.co.uk

Liverpool Care Pathway: Relatives ‘must be informed’ – BBC News

Posted November 5th, 2012 in consultations, families, medical treatment, news by sally

“Relatives of terminally-ill patients would have to be consulted before a decision to withdraw food or water is taken, under new government proposals.”

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BBC News, 3rd November 2012

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 5th, 2012 in law reports by sally

High Court (Chancery Division)

Neumans LLP (a firm) v Andronikou & Ors [2012] EWHC 3088 (Ch) (02 November 2012)

Starbucks (HK) Ltd & Ors v British Sky Broadcasting Group Plc & Ors [2012] EWHC 3074 (Ch) (02 November 2012)

High Court (Administrative Court)

Duthie v The Nursing and Midwifery Council [2012] EWHC 3021 (Admin) (31 October 2012)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 3091 (Admin) (02 November 2012)

Krzeminsksi v District Court In Bydgoszcz, Poland [2012] EWHC 3072 (Admin) (02 November 2012)

Drew v Regional Court Kielce Poland [2012] EWHC 3073 (Admin) (02 November 2012)

High Court (Commercial Court)

Graiseley Properties Ltd & Ors v Barclays Bank Plc [2012] EWHC 3093 (Comm) (29 October 2012)

E-Nik Ltd v Department for Communities And Local Government [2012] EWHC 3027 (Comm) (02 November 2012)

High Court (Technology and Construction Court)

Turville Heath Inc v Chartis Insurance UK Ltd [2012] EWHC 3019 (TCC) (01 November 2012)

Fairstar Heavy Transport NV v Adkins & Anor [2012] EWHC 2952 (TCC) (01 November 2012)

High Court (Patents Court)

Samsung Electronics Co Ltd v (Apple Retail UK Ltd [2012] EWHC 2277 (Pat) (30 July 2012)

Source: www.bailii.org

TUPE service provision rules should be given literal interpretation, Court of Appeal says – OUT-LAW.com

Posted November 5th, 2012 in appeals, employment, news, transfer of undertakings by sally

“The Court of Appeal has confirmed that employees of a service provider cannot take advantage of certain legal protections when the client they provide services to changes at the same time as the company that they work for.”

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OUT-LAW.com, 2nd November 2012

Source: www.out-law.com

Upper Tribunal confirms illegality of Catholic Charity’s ban on same-sex couple adoption – UK Human Rights Blog

Posted November 5th, 2012 in adoption, appeals, budgets, charities, Christianity, news, sexual orientation discrimination by sally

“A private adoption agency could not justify its exclusion of same-sex prospective parents by arguing that this policy would keep open a source of funding that would otherwise dry up and reduce the number of adoption placements.”

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UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

Asil Nadir ordered to pay back £5m or face six more years in jail – The Guardian

Posted November 5th, 2012 in bail, compensation, news, theft by sally

“Disgraced tycoon Asil Nadir has been ordered to pay back £5m of the money he stole from his Polly Peck business empire or face a further six years in jail.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Matthew Higgins: Guilty of hacking at Eirias High School – BBC News

Posted November 5th, 2012 in computer crime, internet, news, school children by sally

“A sixth form pupil accused of hacking into his school computer system and attempting to do it again two months later has been found guilty.”

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BBC News, 2nd November 2012

Source: www.bbc.co.uk

The dissenting voices in Rahmatullah: no time for political sensitivities – UK Human Rights Blog

Posted November 5th, 2012 in appeals, detention, habeas corpus, judgments, judiciary, news, Supreme Court by sally

“Only a few weeks after giving the Birkenhead lecture entitled ‘Dissenting judgments – self indulgence or self sacrifice?’ (See David Hart QC’s previous post), Lord Kerr delivered the leading judgment of the Supreme Court in the case of Rahmatullah. Given that the issue of a man’s liberty was at stake, it could be no real surprise for Lord Kerr or anyone else that there were two dissenting judgments in the cross-appeal provided by Lord Carnwath and Lady Hale. They made clear that in their view the UK should have done more to secure the release of detainee Yunis Rahmatullah and in doing so raised questions as to the proper limits of judicial intervention into the ‘forbidden area’ of foreign policy.”

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UK Human Rights Blog, 3rd November 2012

Source: www.ukhumanrightsblog.com

BSkyB wins high court trademark battle over Now TV name – The Guardian

Posted November 5th, 2012 in internet, media, news, trade marks by sally

“BSkyB has won a high court trademark battle over the name of its new internet TV service, Now TV.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Apparent Bias – Employment Law Blog

Posted November 5th, 2012 in bias, employment tribunals, news, race discrimination by sally

“In Bhardwaj v First Division Association and others, UKEAT/ 0157 & 0158/11/2T, Judgment on 1 November 2012, the EAT (Wilkie J presiding) held that, although one of the circumstances complained of may have required the ET members to have recused themselves on grounds of ‘apparent bias’, had such an application been made, in fact, the agreement of the parties, including the Appellant, that the hearing should continue, notwithstanding the revelation of those circumstances, was effective to act as a waiver of any such ‘apparent bias’ and so the hearing of the claims by the ET, as then constituted, was lawful and effective.”

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Employment Law Blog, 2nd November 2012

Source: www.employment11kbw.com

Ash dieback: government faces legal action over slow response – The Guardian

Posted November 5th, 2012 in customs and excise, environmental protection, news, trees by sally

“A plant nursery forced to destroy 50,000 ash trees is suing the government for failing to block imports of the tree sooner.”

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The Guardian, 5th November 2012

Source: www.guardian.co.uk

Workers’ rights on health and safety to be scaled down – The Independent

Posted November 5th, 2012 in bills, employment, health & safety, negligence, news, personal injuries, strict liability by sally

“Injured workers will be forced to prove that their employer was directly to blame for their accident before they are eligible for compensation under tough new legislation which critics allege will scale back workers’ rights to those of ‘Victorian times’.”

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The Independent, 3rd November 2012

Source: www.independent.co.uk

High Court blocks UK detainee transfers in Afghanistan – BBC News

Posted November 5th, 2012 in Afghanistan, detention, human rights, judicial review, news, torture, transfer of prisoners by sally

“The UK government has been blocked from resuming the transfer of detainees caught in Afghanistan by UK forces to the Afghan authorities.”

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BBC News, 2nd November 2012

Source: www.bbc.co.uk

Related link: Document released in court by MoD

Bilston Community College falls foul of ‘ever-changing’ UKBA regulations – The Guardian

Posted November 5th, 2012 in education, immigration, licensing, news, sponsored immigrants by sally

“Bilston is the latest institution to have its licence to sponsor overseas students withdrawn.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Man who hid 14 million cigarettes in refrigerated lorries carrying fruit and vegetables is jailed – The Independent

Posted November 5th, 2012 in confiscation, customs and excise, news, sentencing, tax evasion, VAT by sally

“A freight distribution manager who hid more than 14 million cigarettes in refrigerated lorries carrying fruit and vegetables, to evade an estimated £2.5 million in duty and VAT, has been jailed, according to HM Revenue and Customs (HMRC).”

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The Independent, 2nd November 2012

Source: www.independent.co.uk

Toddler’s murderer jailed for minimum of 17 years – The Guardian

Posted November 5th, 2012 in abuse of position of trust, causing death of children or vulnerable adults, murder, news, sentencing by sally

“A man was jailed for a minimum of 17 years on Friday after being found guilty of the murder of a two-year-old boy.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Stephen Farrow jailed for life for murders of vicar and retired teacher – The Guardian

Posted November 5th, 2012 in burglary, diminished responsibility, DNA, murder, news, sentencing by sally

“A man who fatally stabbed a retired teacher and a vicar at their homes in attacks six weeks apart has been jailed for life and told he will never be released.”

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The Guardian, 2nd November 2012

Source: www.guardian.co.uk

Freedom of expression: why are there greater restrictions online? – Halsbury’s Law Exchange

Posted November 2nd, 2012 in freedom of expression, internet, news, public order by sally

“When you are speaking to someone face to face you are free to say something grossly offensive to them, or even to shout it out so that anyone within earshot can hear. It’s not a crime. Section 5 of the Public Order Act 1986 states that it doesn’t matter whether you let loose your volley of invective in front of someone who is likely to be insulted by it, or even offended by it, provided they are not likely to have been caused harassment, alarm or distress.”

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Halsbury’s Law Exchange, 2nd November 2012

Source: www.halsburyslawexchange.com