SB v Independent Safeguarding Authority (Royal College of Nursing intervening) – WLR Daily

Posted July 20th, 2012 in child abuse, law reports, proportionality, tribunals, vetting by sally

SB v Independent Safeguarding Authority (Royal College of Nursing intervening): [2012] EWCA Civ 978;  [2012] WLR (D)  215

“The Upper Tribunal (Administrative Appeals Chamber) was empowered under section 4(3) of the Safeguarding Vulnerable Groups Act 2006 to determine whether a decision by the Independent Safeguarding Authority that it was appropriate to include an individual on a barred list was proportionate and rational. In assessing proportionality the tribunal was required to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation. The tribunal also had to address as a material consideration the issue of public confidence in the statutory scheme and in the list.”

WLR Daily, 18th July 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 20th, 2012 in legislation by sally

The Finance Act 2012 (Enterprise Investment Scheme) (Appointed Day) Order 2012

The Fire and Rescue Authorities (National Framework) (England) Order 2012

The Savings Certificates (Amendment) Regulations 2012

The Registered Pension Schemes (Authorised Payments) (Amendment) (No.2) Regulations 2012

The Surrey (Electoral Changes) Order 2012

The Allocation of Housing (Qualification Criteria for Armed Forces) (England) Regulations 2012

The Ipswich Barrier Order 2012

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2012

The Copyright (Repeal of the Copyright Act 1911) (Jersey) Order 2012

Source: www.legislation.gov.uk

 

Command Papers – official-documents.gov.uk

Posted July 20th, 2012 in parliamentary papers by sally

Memorandum: post legislative scrutiny Rating (Empty Properties) Act 2007, Cm 8411 (PDF)

Source: www.official-documents.gov.uk

Speedy copyright law change process is extended to regulations carrying 10 year jail term – OUT-LAW.com

Posted July 20th, 2012 in copyright, news, parliament, penalties, regulations by sally

“It will be possible to use a speeded up Parliamentary approval process for changing parts of copyright law that carry penalties of up to 10 years in jail under a proposed new law, the Intellectual Property Office (IPO) has said.”

Full story

OUT-LAW.com, 19th July 2012

Source: www.out-law.com

Type of interest due on overpaid tax is at discretion of national governments, ECJ says – OUT-LAW.com

Posted July 20th, 2012 in EC law, interest, news, repayment, VAT by sally

“It is for European member states to determine how interest should be calculated on repayments of overpaid tax, the European Court of Justice (ECJ) has ruled.”

Full  story

OUT-LAW.com, 19th July 2012

Source: www.out-law.com

Doctors to be re-assessed every five years – Daily Telegraph

Posted July 20th, 2012 in doctors, news, quality assurance by sally

“Family doctors will be reassessed to ensure they remain competent every five years from December, the medical watchdog said yesterday.”

Full story

Daily Telegraph, 20th July 2012

Source: www.telegraph.co.uk

DPP invites responses to proposed new Code for Crown Prosecutors – Crown Prosecution Service

“Keir Starmer QC, Director of Public Prosecutions, has today launched a consultation on a proposed new edition of the Code for Crown Prosecutors (the Code). The Code is the overarching document that all prosecutors follow in deciding whether or not a suspect should be charged.”

Full press release

Crown Prosecution Service, 19th July 2012

Source: www.cps.gov.uk

Criminals could avoid court in legal shake-up – Daily Telegraph

“Criminals arrested for offences such as minor assaults, theft and fraud could escape prosecution in the biggest shake-up of charging guidelines for 20 years.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

OFT to get immediate powers to close rogue lenders – The Guardian

Posted July 20th, 2012 in consumer credit, consumer protection, news by sally

“The Office of Fair Trading will be able to clamp down on rogue companies by suspending or revoking their consumer credit licences with immediate effect under new legislation announced by the government.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

BBC lawyers consider formal appeal over court ban on riots drama – The Guardian

Posted July 20th, 2012 in appeals, BBC, injunctions, media, news, violent disorder by sally

“Lawyers for the BBC are considering making a formal appeal against a court order that has banned the corporation from showing a dramatised film about the experiences of rioters who took part in last summer’s disorder.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Urinating in lay-by is acceptable, rules judge – Daily Telegraph

Posted July 20th, 2012 in injunctions, news, nuisance, roads by sally

“John Pusey and his wife Cherry spent 10 years trying to stop passing motorists using the bottom of their garden as a public convenience. But while the high court agreed it was annoying – the judges ruled the ‘comfort breaks’ did not amount to a ‘nuisance.’  They rejected the couple’s claim to close down the lay-by by the side of the road, leaving them with a six figure legal bill.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Ian Tomlinson: what jury didn’t know about Pc Simon Harwood – Daily Telegraph

Posted July 20th, 2012 in complaints, disciplinary procedures, news, police by sally

“PC Simon Harwood has a disciplinary record littered with complaints of aggressive behaviour and misconduct and once admitted being sent into ‘red mist mode’, it can be disclosed today.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

Riots murder trial: Senior officer ‘lied under oath’ – BBC News

Posted July 20th, 2012 in murder, news, perjury, police, violent disorder by sally

“A trial of eight men accused of murder during the Birmingham riots almost collapsed when a judge declared a police officer had ‘invented a story.’ ”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

 

Hertfordshire NHS Trust fined over care home death – BBC News

Posted July 20th, 2012 in care homes, care workers, health & safety, homicide, mental health, news by sally

“An NHS trust has been fined £150,000 and told to pay £326,345 costs over the killing of a female care worker at a residential home in Bedfordshire.”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

Police officer Simon Harwood cleared of killing Ian Tomlinson – Daily Telegraph

Posted July 19th, 2012 in demonstrations, homicide, news, police, trials by sally

“Police officer Simon Harwood was today cleared of killing newspaper seller Ian Tomlinson during the G20 protests in London in 2009. Concerns about the Pc’s alleged previous ‘heavy handed policing’ were only disclosed after acquittal.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

One Judge down. Who is next in line to be lord chief justice? – The Guardian

Posted July 19th, 2012 in judiciary, news by sally

“An unusually large number of senior judges are due to retire in the next year or so. Who might replace them?”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Lawyers must do better – The Guardian

Posted July 19th, 2012 in fees, insurance, law firms, legal profession, news by sally

“Legal insurance and conditional and fixed-fee arrangements aren’t serving people’s best interests.”

Full story

The Guardian, 19th July 2012

Source: www.guardian.co.uk

Oldham wife Shasta Khan guilty of Jewish jihad plan – BBC News

Posted July 19th, 2012 in explosives, news, terrorism by sally

“A woman from Oldham has been found guilty of helping her husband plan a terrorist attack in an attempt to carry out ‘jihad at home’.”

Full story

BBC News, 19th July 2012

Source: www.bbc.co.uk

Jeremy Bamber granted appeal in European court – Daily Telegraph

Posted July 19th, 2012 in appeals, human rights, murder, news, sentencing by sally

“Jeremy Bamber, who murdered five members of his family, have been granted an appeal by the Grand Chamber of Europe’s human rights court.”

Full story

Daily Telegraph, 19th July 2012

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 19th, 2012 in law reports by sally

Supreme Court

The Health and Safety Executive v Wolverhampton City Council [2012] UKSC 34 (18 July 2012)

Munir & Anor, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 32 (18 July 2012)

Alvi, R (on the application of) v Secretary of State for the Home Department [2012] UKSC 33 (18 July 2012)

Court of Appeal (Civil Division)

Horn & Ors v Commercial Acceptances Ltd [2012] EWCA Civ 958 (19 July 2012)

Maidment v Attwood & Ors [2012] EWCA Civ 998 (19 July 2012)

L-B (Children) [2012] EWCA Civ 984 (18 July 2012)

Arif v Zar & Anor [2012] EWCA Civ 986 (18 July 2012)

Berent v Family Mosaic Housing & Anor [2012] EWCA Civ 961 (18 July 2012)

Independent Safeguarding Authority v SB & Anor [2012] EWCA Civ 977 (18 July 2012)

Selwood v Durham County Council & Ors [2012] EWCA Civ 979 (18th July 2012)

Royal Borough of Windsor & Maidenhead v Smith [2012] EWCA Civ 997 (18 July 2012)

High Court (Administrative Court)

Kotegaonkar v Secretary of State for Environment, Food and Rural Affairs & Anor [2012] EWHC 1976 (Admin) (19 July 2012)

Hakemi & Ors v Secretary of State for the Home Department [2012] EWHC 1967 (Admin) (19 July 2012)

Secretary of State for the Home Department v AY [2012] EWHC 2054 (Admin) (19 July 2012)

Preston City Council v Oyston Angel Charity [2012] EWHC 2005 (Admin) (19 July 2012)

Bass & Anor v Solicitors Regulation Authority [2012] EWHC 2012 (Admin) (18 July 2012)

PNH (Properties) Ltd v Secretary of State for Communities and Local Government [2012] EWHC 1998 (Admin) (18 July 2012)

Hicks & Ors, R (on the application of) v Commissioner of Police for the Metropolis [2012] EWHC 1947 (Admin) (18 July 2012)

Hunt v North Somerset Council [2012] EWHC 1928 (Admin) (18 July 2012)

HM Attorney General v Associated Newspapers Ltd & Anor [2012] EWHC 2029 (Admin) (18 July 2012)

High Court (Commercial Court)

DGM Commodities Corp v Sea Metropolitan SA [2012] EWHC 1984 (Comm) (18 July 2012)

High Court (Technology and Construction Court)

Walter Lilly & Company Ltd v MacKay & Anor [2012] EWHC 1972 (TCC) (17 July 2012)

Source: www.bailii.org