Huge spike in use of controversial new ‘deprivation of liberty’ orders despite critics arguing they are not fit for purpose – The Independent

Posted July 19th, 2012 in freedom of movement, mental health, news by sally

” More than 11,000 people were deprived of their liberty last year using controversial new legislation that critics have argued is ‘not fit for purpose’.”

Full story

The Independent, 18th July 2012

Source: www.independent.co.uk

Healthcare company pays out over death of BBC reporter’s father – Daily Telegraph

Posted July 19th, 2012 in compensation, hospitals, negligence, news by sally

“A private healthcare company was ordered to pay out nearly £130,000 after the elderly father of BBC health correspondent Fergus Walsh died due to neglect when he was allowed to fall from a hospital balcony.”

Full story

Daily Telegraph, 18th July 2012

Source: www.telegraph.co.uk

Police face inquiry over couple lost in landslide – Daily Telegraph

Posted July 19th, 2012 in complaints, news, police by sally

“The police are to be investigated after a couple’s bodies lay buried beneath a landslide for ten days, it emerged.”

Full story

Daily Telegraph, 18th July 2012

Source: www.telegraph.co.uk

Supreme court strikes down Home Office’s back-door changes to immigration rules – The Guardian

Posted July 18th, 2012 in families, human rights, immigration, news, Supreme Court by sally

“Just over a week since far-reaching new immigration rules took effect – which will permanently separate many British citizens or settled residents from their non-European spouses, children and ageing relatives – the home secretary has suffered a severe defeat in the supreme court. In the case of Alvi [2012] UKSC 33, handed down today, the court struck down a previous attempt by the Home Office to introduce substantive immigration requirements through the back door of policy, guidance or instructions, rather than in the body of the immigration rules themselves.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Hans Rausing charged with highly unusual offence – The Guardian

Posted July 18th, 2012 in burials and cremation, news, preventing lawful & decent burial by sally

“Common law offence of preventing lawful and decent burial was last reported in 1986.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Relief Healthcare fined for selling unapproved beds – The Independent

Posted July 18th, 2012 in consumer protection, elderly, fines, guilty pleas, news by sally

” A company has been fined more than £10,000 for selling unapproved beds to vulnerable elderly people, a regulator has said.”

Full story

The Independent, 18th July 2012

Source: www.independent.co.uk

UK Coal fined over miner Ian Cameron’s death – BBC News

Posted July 18th, 2012 in costs, guilty pleas, health & safety, industrial injuries, news by sally

“UK Coal has been fined £200,000 after it pleaded guilty to health and safety breaches over the death of a miner at a North Yorkshire pit.”

Full story

BBC News, 18th July 2012

Source: www.bbc.co.uk

Community policeman jailed for raping teenager – Daily Telegraph

Posted July 18th, 2012 in community support officers, news, rape, sentencing by sally

“A community policeman who raped a teenage girl after spiking her drink with a sleeping pill has been jailed for six-and-a-half years.”

Full story

Daily Telegraph, 18th July 2012

Source: www.telegraph.co.uk

Virtual courts: more speed, less justice? – The Guardian

Posted July 18th, 2012 in courts, criminal justice, legal services, news, video recordings by sally

“No one wants delay or waste in the criminal justice system, but the plans for virtual and flexible courts don’t look fair or efficient.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Andrew Gilligan wins apology over Ken Livingstone claims – The Guardian

Posted July 18th, 2012 in damages, defamation, media, news, publishing by sally

“Andrew Gilligan has won a high court apology and damages from the publisher of Ken Livingstone’s autobiography over false allegations he was ‘shown the door’ by the London Evening Standard.”

Full story

The Guardian, 18th July 2012

Source: www.guardian.co.uk

Newspapers guilty of contempt in Levi Bellfield case – BBC News

Posted July 18th, 2012 in contempt of court, kidnapping, media, news by sally

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

Full story

BBC News, 18th July 2012

Source: www.bbc.co.uk

Protesters lose royal wedding High Court case – The Independent

” Royal wedding protesters have lost their High Court claim that they were the victims of unlawful searches and arrests.”

Full story

The Independent, 18th July 2012

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted July 18th, 2012 in law reports by sally

High Court (Queen’s Bench Division)

Swift v Secretary of State for Justice [2012] EWHC 2000 (QB) (18 July 2012)

Vava & Ors v Anglo American South Africa Ltd [2012] EWHC 1969 (QB) (16 July 2012)

Source: www.bailii.org

International Leisure Ltd and another v First National Trustee Co UK Ltd and others – WLR Daily

Posted July 18th, 2012 in administrators, company law, compensation, law reports, striking out by sally

International Leisure Ltd and another v First National Trustee Co UK Ltd and others: [2012] EWHC 1971 (Ch);  [2012] WLR (D)  208

“The rule against reflective loss and the extent to which a shareholder could sue for loss primarily suffered by and primarily belonging to a company did not extend to loss suffered by holders of a debenture.”

WLR Daily, 16th July 2012

Source: www.iclr.co.uk

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same – WLR Daily

Posted July 18th, 2012 in appeals, asylum, Iraq, judicial review, law reports, stay of proceedings by sally

Regina (SG ( Iraq)) v Secretary of State for the Home Department: Regina (OR ( Iraq)) Same: [2012] EWCA Civ 940;  [2012] WLR (D)  207

“A claimant affected by, but not party to, a country guidance determination which was under appeal to the Court of Appeal was not entitled to an automatic stay of removal pending the outcome of the appeal. It was in the court’s discretion to grant a stay, but the court should not stay removal pending the decision of the Court of Appeal unless the claimant had adduced a clear and coherent body of evidence that the findings of the tribunal were in error.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Adedoyin v Secretary of State for the Home Department – WLR Daily

Posted July 18th, 2012 in appeals, immigration, law reports, tribunals by sally

Adedoyin v Secretary of State for the Home Department: [2012] EWCA civ 939;  [2012] WLR (D)  206

“Where the Upper Tribunal had properly directed itself as to its approach on an appeal from a determination of the First–tier Tribunal and had arrived at a conclusion which was open to it, the decision of the Upper Tribunal contained no material error of law and so the Court of Appeal should not allow an appeal from that decision, even if the court might have been more (or less) generous in its approach to the determination of the First-tier Tribunal.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Leach v Office of Communications – WLR Daily

Leach v Office of Communications: [2012] EWCA Civ 959;  [2012] WLR (D)  205

“The trust placed by an employer in an employee was at the core of their relationship. The employment tribunal had been entitled to find that, where the employer had received an unproved and untested allegation of an overseas child sex offence against the employee, who had not disclosed it to the employer prior to his appointment, the resulting breakdown of trust had constituted ‘some other substantial reason’ within the meaning of section 98(1)(b) of the Employment Rights Act 1996 summarily to dismiss the employee in order to prevent the employer’s reputation being damaged.”

WLR Daily, 13th July 2012

Source: www.iclr.co.uk

Supply and Appropriation (Main Estimates) Act 2012 – legislation.gov.uk

Posted July 18th, 2012 in appropriation, legislation by sally

Supply and Appropriation (Main Estimates) Act 2012 published

Full text of Act

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted July 18th, 2012 in parliamentary papers by sally

Post Legislative Assessment of the Vehicle Registration Marks Act 2007, Cm 8385 (PDF)

 Memorandum to Northern Ireland Affairs Committee: post legislative scrutiny Northern Ireland (St Andrews Agreement) Act 2007 [and the] Justice and Security (Northern Ireland) Act 2007, Cm 8400 (PDF)

Government response to the consultation: improving transfers and dealing with small pension pots, Cm 8402 (PDF)

Source: www.official-documents.gov.uk

Insanity and Automatism – Law Commission

Posted July 18th, 2012 in automatism, consultations, defences, insanity, mental health, press releases by sally

“The Defences of Insanity and Automatism – Law Commissioner Professor David Ormerod says, ‘To produce meaningful reform proposals and be confident they will work in practice we need evidence of their current use and any problems they pose.  Our scoping paper asks questions to provide that information.’ ”

Full press release

Law Commission, 18th July 2012

Source: www.lawcommission.justice.gov.uk