Number Ten needs its own lawyer, says leading QC – BBC News

Posted June 6th, 2012 in attorney general, government departments, legal services, news by sally

“A former legal adviser at the Foreign Office has said that legal issues are not addressed as effectively as they might be at the heart of government because the Prime Minister does not have a lawyer among his immediate circle of advisers.”

Full story

BBC News, 5th June 2012

Source: www.bbc.co.uk

GMC investigators to spot underperforming doctors – The Guardian

Posted June 6th, 2012 in complaints, doctors, health, investigatory powers, negligence, news by sally

“The medical regulator is to deploy new regional officers to take a lead in investigating concerns about NHS doctors and GPs before official complaints are made, in an effort to spot earlier those medics who are not up to the job.”

Full story

The Guardian, 5th June 2012

Source: www.guardian.co.uk

Man cleared of Bedford lake murder wins libel against police – BBC News

Posted June 1st, 2012 in defamation, murder, news, police by sally

“The boyfriend of a woman found dead in a lake in Bedford has won a libel action against police who claimed he probably killed her.”

Full story

BBC News, 1st June 2012

Source: www.bbc.co.uk

Law Society responds to training review – Law Society’s Gazette

Posted June 1st, 2012 in legal education, news, solicitors by sally

“Bottlenecks in the legal training system are inevitable so long as there are more aspiring entrants to the profession than the market can employ, the Law Society points out in its first formal response to the Legal Education and Training Review (LETR). ”

Full story

Law Society’s Gazette, 31st May 2012

Source: www.lawgazette.co.uk

Consent not required for disclosure of fully anonymised personal data, ICO says – OUT-LAW.com

Posted June 1st, 2012 in anonymity, consent, data protection, news by sally

“Organisations that properly anonymise personally identifying information do not have to comply with data protection laws in order to disclose the altered information, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 31st May 2012

Source: www.out-law.com

Payments to funded unapproved retirement benefit schemes attract NI contributions as earnings, court says – OUT-LAW.com

Posted June 1st, 2012 in national insurance, news, pensions by sally

“Payments made by an employer for the benefit of an employee into a funded unapproved retirement benefit scheme (FURBS) are classed as ‘earnings’ on which the employer must pay national insurance contributions (NICs), the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 31st May 2012

Source: www.out-law.com

BAILII: Recent Decisions

Posted June 1st, 2012 in law reports by sally

Court of Appeal (Civil Division)

Thomas v Jeffery & Ors [2012] EWCA Civ 693 (31 May 2012)

Cherry Tree Investments Ltd v Landmain Ltd [2012] EWCA Civ 736 (31 May 2012)

Generics (UK) Ltd v Yeda Research & Development Co Ltd & Anor [2012] EWCA Civ 726 (31 May 2012)

Patel & Ors v MRD Property Developments Ltd [2012] EWCA Civ 727 (31 May 2012)

Court of Appeal (Criminal Division)

Majeed v R. [2012] EWCA Crim 1186 (31 May 2012)

High Court( Administrative Court)

O’ Leary International Ltd v North Wales Police [2012] EWHC 1516 (Admin) (31 May 2012)

Afzal v Secretary of State for the Home Department [2012] EWHC 1487 (Admin) (31 May 2012)

Merseyside Police v Owens [2012] EWHC 1515 (Admin) (31 May 2012)

High Court (Commercial Court)

Elafonissos Fishing and Shipping Company v Aigaion Insurance Company SA [2012] EWHC 1512 (Comm) (31 May 2012)

High Court (Family Division)

DS & Ors (Children) [2012] EWHC 1442 (Fam) (31 May 2012)

High Court (Queen’s Bench Division)

Friends of Burbage School Ltd. v Woodhams [2012] EWHC 1511 (QB) (31 May 2012)

Croft (A Child) v Heart of England NHS Foundation Trust [2012] EWHC 1470 (QB) (31 May 2012)

Source: www.bailii.org

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same – WLR Daily

Posted June 1st, 2012 in appeals, civil procedure rules, costs, immigration, law reports by sally

AL (Albania) v Secretary for State the Home Department; FN (Gambia) v Same; DN(Bangladesh) v Same: [2012] EWCA Civ 710;   [2012] WLR (D)  16

“In statutory appeals to the Court of Appeal from the Upper Tribunal (Immigration and Asylum Chamber), if the appeal had been allowed by consent, with the appellant obtaining the remittal sought, or if the appeal had been resolved by the grant of a status which was not previously offered, then provided the appellant was clearly identifiable as the successful party, CPR r 44.3(2(a) would usually entitle him to his costs absent specific matters of conduct or other features making an order inappropriate. The crucial question in such cases was the identification of the successful party.”

WLR Daily, 30th May 2012

Source: www.iclr.co.uk

 

Djanogly: Red tape challenge turns to legal services – Ministry of Justice

“Justice Minister Jonathan Djanogly has launched plans to scrutinise, simplify or scrap more than 150 regulations that affect legal services, to reduce red tape and ease the burden on businesses and consumers.”

Full press release

Ministry of Justice, 31st May 2012

Source: www.justice.gov.uk

Retention of data on octogenarian protester “amply justified” – UK Human Rights Blog

“Catt v Commissioner of the Police of the Metropolis [2012] EWHC 1471. Retention of data on a national database of material relating to a protester’s attendance at demonstrations by a group that had a history of violence, criminality and disorder, did not engage Article 8 of the Human Rights Convention.”

Full story

UK Human Rights Blog, 31st May 2012

Source: www.ukhumanrightsblog.com

Bangor armed robbery trio sentenced to 26 years in jail in total – BBC News

Posted June 1st, 2012 in news, robbery, sentencing by sally

“Three Gwynedd men have been jailed for a total of 26 years for an armed robbery at a property in Bangor.”

Full story

BBC News, 31st May 2012

Source: www.bbc.co.uk

GP practice ‘offloaded vulnerable patients to save money’ – The Guardian

Posted June 1st, 2012 in budgets, care homes, complaints, disabled persons, doctors, elderly, health, news by sally

“A GP practice run by a doctor who has been of one of the most prominent supporters of Andrew Lansley’s health reforms de-registered elderly and disabled care home patients to save money, an NHS investigation has found.”

Full story

The Guardian, 31st May 2012

Source: www.guardian.co.uk

Tamil asylum seekers due for deportation given reprieve – The Independent

Posted June 1st, 2012 in asylum, deportation, human rights, injunctions, news, torture by sally

“A group of Tamil asylum seekers who were meant to have been deported back to Sri Lanka this afternoon have been given a last minute reprieve after lawyers managed to persuade a court that they were at a credible risk of torture should they be returned.”

Full story

The Independent, 31st May 2012

Source: www.independent.co.uk

Only 16% of solved crimes lead to convictions – Daily Telegraph

Posted June 1st, 2012 in crime, news, police, prosecutions, statistics by sally

“Fewer than one in five solved crimes leads to the offender receiving a  conviction in court, it has emerged as new online police maps show how offences were dealt with for the first time.”

Full story

Daily Telegraph, 31st May 2012

Source: www.telegraph.co.uk

Stephen Lawrence murder: Police inquiry ‘not corrupt’ – BBC News

Posted May 31st, 2012 in corruption, inquiries, news, police, reports by sally

“The Metropolitan Police was not corrupt in its handling of the Stephen Lawrence inquiry, an internal report says.”

Full story

BBC News, 31st May 2012

Source: www.bbc.co.uk

Nottingham detective Trevor Gray jailed for rape – BBC News

Posted May 31st, 2012 in news, police, rape, sentencing by sally

“A detective with Nottinghamshire Police has been jailed for raping a woman in her home.”

Full story

BBC News, 31st May 2012

Source; www.bbc.co.uk

 

Supreme court dismisses disabled man’s care appeal in landmark ruling – The Guardian

“Judgment establishes that councils must not take cost into account when assessing disabled people’s care needs.”

Full story

The Guardian, 31st May 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted May 31st, 2012 in law reports by sally

Supreme Court

Assange v The Swedish Prosecution Authority [2012] UKSC 22 (30 May 2012)

Court of Appeal (Civil Division)

Q- Park Ltd. & Ors v HX Investments Ltd [2012] EWCA Civ 708 (31 May 2012)

Samsung Electronics (UK) Ltd v Apple Inc [2012] EWCA Civ 729 (30 May 2012)

De Brito & Anor v Secretary of State for the Home Department [2012] EWCA Civ 709 (30 May 2012)

QEB Metallics Ltd v Peerzada & Ors [2012] EWCA Civ 728 (30 May 2012)

AL (Albania) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 710 (30 May 2012)

HM Revenue and Customs v Forde and McHugh Ltd [2012] EWCA Civ 692 (30 May 2012)

High Court (Administrative Court)

Bryant v Solicitors Regulation Authority [2012] EWHC 1475 (Admin) (30 May 2012)

Lepage, R (on the application of) v HM Assistant Deputy Coroner for Inner South London & Ors [2012] EWHC 1485 (Admin) (30 May 2012)

Gibson, R (on the application of) v Waverley Borough Council & Anor [2012] EWHC 1472 (Admin) (30 May 2012)

Patel & Ors, R (on the application of) v Upper Tribunal (Immigration & Asylum Chamber) & Ors [2012] EWHC 1416 (Admin) (30 May 2012)

Herrmann & Anor v Withers LLP [2012] EWHC 1492 (Ch) (30 May 2012)

Catt v The Commissioner of Police of the Metropolis [2012] EWHC 1471 (Admin) (30 May 2012)

High Court (Chancery Division)

Urenco UK Ltd.v Urenco UK Pension Trustee Company Ltd & Anor [2012] EWHC 1495 (Ch) (31 May 2012)

 High Court (Commercial Court)

Fortress Value Recovery Fund I LLP & Ors v Blue Skye Special Opportunities Fund LP (A Firm) & Ors [2012] EWHC 1486 (Comm) (30 May 2012)

High Court (Queen’s Bench Division)

WXY v Gewanter & Anor [2012] EWHC 1490 (QB) (30 May 2012)

WXY v Gewanter & Anor [2012] EWHC 1491 (QB) (30 May 2012)

Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2012] EWHC 1468 (QB) (30 May 2012)

Thour v The Royal Free Hampstead NHS Trust [2012] EWHC 1473 (QB) (29 May 2012)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted May 31st, 2012 in legislation by sally

The National Health Service (Pharmaceutical Services) Amendment Regulations 2012

The Buckinghamshire (Electoral Changes) Order 2012

The Hart (Electoral Changes) Order 2012

The Durham (Electoral Changes) Order 2012

The Humber Bridge Board (Membership) Order 2012

The Individual Ascertainment of Value (England) Order 2012

The Cattle Compensation (England) Order 2012

Source: www.legislation.gov.uk

Revenue and Customs Commissioners v Charman – WLR Daily

Posted May 31st, 2012 in disclosure, documents, law reports, public interest, taxation by sally

Revenue and Customs Commissioners v Charman: [2012] EWHC 1448 (Fam);  [2012] WLR (D)  165

“As a general rule documents and other evidence produced in ancillary relief proceedings were not disclosable to third parties outside the proceedings save in an exceptional case and for very good reason, unless the court gave leave. The fact that evidence might be relevant or useful was not of itself a good enough reason to undermine that rule.”

WLR Daily, 29th May 2012

Source: www.iclr.co.uk