New proposals to streamline employment law – Department for Buiness,Innovation and Skills

Posted September 14th, 2012 in employment, press releases, small businesses by sally

“Vince Cable announces measures to give firms more flexibility and confidence in managing their workforce and to reduce employment law red tape.”

Full press release

Department for Buiness,Innovation and Skills, 14th September 2012

Sorce: www.bis.gov.uk

Tamils to be deported despite clear torture evidence – The Guardian

Posted September 14th, 2012 in asylum, deportation, news, Sri Lanka, torture by sally

“The UK is to go ahead with a mass removal of Tamils to Sri Lanka next week despite mounting evidence from human rights group that many of them could be tortured on their return.”

Full story

The Guardian, 14th September 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted September 14th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Starbucks (HK) Ltd. v British Sky Broadcasting Group Plc & Ors [2012] EWCA Civ 1201 (13 September 2012)

KME Yorkshire Ltd & Ors v Toshiba Carrier UK Ltd & Ors [2012] EWCA Civ 1190 (13 September 2012)

Source: www.bailii.org

Secretary of State for Work and Pensions v Czop and another – WLR Daily

Posted September 14th, 2012 in carers, EC law, families, freedom of movement, law reports, social security by sally

Secretary of State for Work and Pensions v Czop and another: (Joined Cases C-147/11 and C-148/11);   [2012] WLR (D)  264

“Article 12 of Council Regulation (EEC) No 1612/68 on freedom of movement for workers within the Community conferred on the person who was the primary carer of a migrant worker’s or former migrant worker’s child who was attending educational courses in the host member state a right of residence in that state, although the provision could not be interpreted as conferring such a right on the person who was the primary carer of the child of a self-employed person. Article 16(1) of Parliament and Council Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the member states meant that a European Union citizen who was a national of a member state which had recently acceded to the European Union could, pursuant to that provision, rely on a right of permanent residence where he or she had resided in the host member state for a continuous period of more than five years, part of which had been completed before the accession of the former state to the European Union, provided that the residence was in accordance with the conditions laid down in article 7(1) of Directive 2004/38.”

WLR Daily, 6th September 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted September 14th, 2012 in legislation by sally

The Controlled Waste (England and Wales) (Amendment) Regulations 2012

The Shropshire Community Health National Health Service Trust (Establishment) Amendment Order 2012

Source: www.legislation.gov.uk

Insurance fraud register launched to aid crackdown on fake claims – OUT-LAW.com

Posted September 14th, 2012 in data protection, fraud, insurance, news by sally

“Individuals that make false insurance claims will have their details added and stored on a new ‘Insurance Fraud Register’ (IFR) for five years in a bid by the insurance industry to crackdown on fraudsters.”

Full story

OUT-LAW.com, 13th September 2012

Source: www.out-law.com

ICO’s ‘pragmatic’ view of outsourcing rules on sensitive personal data processing may be without legal basis, claim experts – OUT-LAW.com

Posted September 14th, 2012 in consent, data protection, medical records, news by sally

“The view of the Information Commissioner’s Office (ICO) that businesses do not require individuals’ ‘explicit consent’ in order to contract others to process their sensitive personal data is in contrast with the wording of data protection law, according to two experts.”

Full story

OUT-LAW.com, 14th September 2012

Source: www.out-law.com

Sir Bill Callaghan: ‘Rumours of legal aid’s death much exaggerated’ –

Posted September 14th, 2012 in budgets, legal aid, news by sally

” ‘There is still a lot of money going into legal aid,’ insisted Sir Bill Callaghan, the chair of the Legal Services Commission yesterday at the international research conference held by the Legal Services Research Centre.”

Full story

LegalVoice, 13th September 2012

Source: www.legalvoice.org.uk

Forced Marriage and the Criminal Law – Family Law Week

Posted September 14th, 2012 in consultations, forced marriages, news, prosecutions, women by sally

“Charlotte Rachael Proudman, barrister, provides an overview of the Government’s proposed changes to the law intended to combat forced marriage.”

Full story

Family Law Week, 13th September 2012

Source: www.familylawweek.co.uk

CPS publishes advice on prosecuting journalists over illicit newsgathering – The Guardian

Posted September 14th, 2012 in freedom of expression, media, news, prosecutions, public interest by sally

“The Crown Prosecution Service has published its final guidelines on the prosecution of journalists over illicit newsgathering methods, with so-called ‘fishing expeditions’ to face closer scrutiny.”

Full story

The Guardian, 13th September 2012

Source: www.guardian.co.uk

Hillsborough: South Yorkshire Police consider IPCC referral – BBC News

Posted September 14th, 2012 in complaints, inquests, inquiries, news, police, prosecutions, sport by sally

“South Yorkshire Police is reopening investigations into the force’s conduct over the 1989 Hillsborough disaster. The force is considering referring itself to the Independent Police Complaints Commission (IPCC).”

Full story

BBC News, 14th September 2012

Source: www.bbc.co.uk

Payout for sacked workers may be cut – Daily Telegraph

Posted September 14th, 2012 in compensation, consultations, news, unfair dismissal by sally

“Ministers will today announce a consultation on reducing the upper limit on compensation payments for unfair dismissal from its current level of more than £72,000.”

Full story

Daily Telegraph, 13th September 2012

Source: www.telegraph.co.uk

‘Stop and detain’ counter-terrorism powers may be scaled back – The Guardian

Posted September 13th, 2012 in consultations, immigration, news, stop and search, terrorism by sally

“Moves to scale back the most widely drawn counter-terrorism powers left in the police ‘stop and search’ armoury have been initiated by the home secretary, Theresa May.”

Full story

The Guardian, 13th September 2012

Source: www.guardian.co.uk

Consultation on schedule 7 powers launched – Home Office

Posted September 13th, 2012 in consultations, immigration, press releases, stop and search, terrorism by sally

“The public are being asked for their views on the operation of important border security powers in a consultation launched by the home office today.”

Full press release

Home Office, 13th September 2012

Source: www.homeoffice.gov.uk

The unwritten rules of clerking – Legal Week

Posted September 13th, 2012 in barristers' clerks, legal profession, news by sally

“I have been extremely fortunate in my career to work for some excellent senior clerks. They have all had their own styles and idiosyncrasies which must in some way have molded my own brand of clerking. They all had two things in common; they needed a steady supply of hot beverages to get them through the day and they all adhered to The Rules.”

Full story

Legal Week, 12th September 2012

Source: www.legalweek.com

Criminal bar chief: unity can help resist ‘extinction’ – Law Society’s Gazette

Posted September 13th, 2012 in barristers, fees, legal profession, news, solicitors by sally

“Criminal solicitors and barristers should stand ‘shoulder to shoulder’ to oppose further fee cuts or risk ‘virtual extinction’ within five years, the new chair of the Criminal Bar Association (CBA) has warned.”

Full story

Law Society’s Gazette, 13th September 2012

Source: www.lawgazette.co.uk

Late LSC fees ‘drive barristers out of practice’ – Law Society’s Gazette

Posted September 13th, 2012 in barristers, fees, legal aid, news by sally

“Late payment of fees by the Legal Services Commission (LSC) is driving barristers out of private practice, it has been alleged.”

Full story

Law Society’s Gazette, 13th September 2012

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted September 13th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Rubenstein v HSBC Bank Plc [2012] EWCA Civ 1184 (12 September 2012)

NM, R (on the application of) v Secretary of State for Justice [2012] EWCA Civ 1182 (12 September 2012)

KA (Turkey) v Secretary of State for the Home Department [2012] EWCA Civ 1183 (12 September 2012)

High Court (Administrative Court)

General Medical Council v Srinivas [2012] EWHC 2513 (Admin) (11 September 2012)

Source: www.bailii.org

 

Recent Statutory Instruments – legislation.gov.uk

Posted September 13th, 2012 in legislation by sally

The Network Rail (Ipswich Chord) Order 2012

The Feed-in Tariffs (Specified Maximum Capacity and Functions) (Amendment No. 3) Order 2012

Source: www.legislation.gov.uk

In re Proceedings against Lopes Da Silva Jorge – WLR Daily

Posted September 13th, 2012 in detention, drug trafficking, EC law, law reports, sentencing, warrants by sally

In re  Proceedings against Lopes Da Silva Jorge: (Case C-42/11);   [2012] WLR (D)  263

“Article 4(6) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between member states and article 18FEU meant that, although a member state might, in transposing article 4(6), decide to limit the situations in which an executing judicial authority might refuse to surrender a person who fell within the scope of that provision, it could not automatically and absolutely exclude from its scope the nationals of other member states staying or resident in its territory irrespective of their connections with it. The national court was required, taking into consideration the whole body of domestic law and applying the interpretative methods recognised by it, to interpret that law, so far as possible, in the light of the wording and the purpose of Framework Decision 2002/584, with a view to ensuring that the Framework Decision was fully effective and achieved an outcome consistent with the objective pursued by it.”

WLR Daily, 5th September 2012

Source: www.iclr.co.uk