Re-offending rates reach record level – BBC News
“A record number of offenders sentenced for serious crimes had committed previous offences, according to figures for 2011.”
BBC News, 24th May 2012
Source: www.bbc.co.uk
Regina (Eastenders Cash & Carry plc and another) v Revenue and Customs Commissioners (No 2) – WLR Daily
“The protection against costs provided to HM Revenue and Customs by section 144(2) of the Customs and Excise Management Act 1979, in respect of proceedings brought against them on account of the seizure or detention of any thing on reasonable grounds, applied to claims for judicial review.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
Pomiechowski v District Court of Legunica, Poland; Lukaszewski v District Court in Torun, Poland; Rozanski v Regional Court 3 Penal Department, Poland; Regina (Halligen) v Secretary of State for the Home Department – WLR Daily
“When a notice of appeal against an extradition decision had an irregularity which could be cured by amendment and the circumstances merited that, the court had jurisdiction to permit the amendment and hear the appeal. A British citizen against whom an extradition order was made was entitled to a fair determination of his common law right to remain within the jurisdiction of the United Kingdom. A statutory provision which impaired his right of appeal against an extradition decision had to be read with the qualification that the court had a discretion in exceptional circumstances to extend the time for the filing of a notice of appeal.”
WLR Daily, 23rd May 2012
Source: www.iclr.co.uk
I v Oberbürgermeisterin der Stadt Remscheid – WLR Daily
I v Oberbürgermeisterin der Stadt Remscheid (Case C-348/09); [2012] WLR (D) 157
“An individual who had committed an offence, including those referred to in article 83(1)FEU of the FEU Treaty, such as the sexual exploitation of children, could be regarded as constituting a particularly serious threat to one of the fundamental interests of society and therefore could be excluded from a host member state on ‘imperative ground[s] of public security’ pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
Regina (Horne and another) v Central Criminal Court – WLR Daily
Regina (Horne and another) v Central Criminal Court [2012] EWHC 1350 (Admin); [2012] WLR (D) 156
“A ‘confiscation investigation’ within Part 8 of the Proceeds of Crime Act 2002 could take place after a confiscation order had been made. Therefore a judge could have jurisdiction to issue a search warrant or disclosure order, pursuant to sections 352 and 357 respectively of the 2002 Act, provided they were limited to investigating the extent or whereabouts of property obtained as a result of or in connection with the commission of an offence.”
WLR Daily, 22nd May 2012
Source: www.iclr.co.uk
Time extended for appeals under Extradition Act – UK Human Rights Blog
“The Supreme Court has ruled that there should be a discretion in exceptional circumstances for judges to extend time for service of appeals against extradition, where the statutory time limits would otherwise operate to prevent an appeal in a manner conflicting with the right of access to an appeal process under Article 6(1) of the Human Rights Convention.”
UK Human Rights Blog, 23rd May 2012
Source: www.ukhumanrightsblog.com
UK to resist giving prisoners the vote despite European court ruling – The Guardian
“David Cameron believes he will be able to resist implementing a ruling from the European court of human rights that prisoners must be granted the right to vote during his time in Downing Street.”
The Guardian, 23rd May 2012
Source: www.guardian.co.uk
‘Work to rule’ blow to troubled civil courts service – Law Society’s Gazette
“New evidence of a civil courts service reaching breaking point has emerged with staff working to rule and one county court asking law firms not to increase its ‘already vast workload’ by chasing work in arrears.”
Law Society’s Gazette, 24th May 2012
Source: www.lawgazette.co.uk
A 3 minute law degree? Clever but no mention of Eddie Stobart barristers – The Guardian
“Students deciding whether to shell out for a law degree will be greatly helped by initiatives like Birkbeck’s taster.”
The Guardian, 23rd May 2012
Source: www.guardian.co.uk
SARs ruling brings relief to law firms – Law Society’s Gazette
“A Court of Appeal ruling on anti-money-laundering obligations will bring relief for businesses, including law firms, and remind lawyers of the importance of having appropriate systems to evidence concerns leading to suspicious activity reports (SARs).”
Law Society’s Gazette, 24th May 2012
Source: www.lawgazette.co.uk
Ken Clarke: popular press to blame for thousands of criminals being in jail needlessly – Daily Telegraph
“Justice Secretary Ken Clarke has blamed the popular press for putting thousands of criminals in jail who do not need to be there.”
Daily Telegraph, 23rd May 2012
Source: www.telegraph.co.uk
Farepak victims await directors ruling – The Guardian
“Victims of the collapse of Christmas hamper firm Farepak could be a step closer to justice as the company’s directors face a judge in London’s high court.”
The Guardian, 24th May 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Lukaszewski v The District Court in Torun, Poland [2012] UKSC 20 (23 May 2012)
NJDB v JEG & Anor (Scotland) [2012] UKSC 21 (23 May 2012)
Court of Appeal (Criminal Division)
Channer & Anor, Re [2012] EWCA Crim 1119 (23 May 2012)
Sule v R [2012] EWCA Crim 1130 (23 May 2012)
Court of Appeal (Civil Division)
Eastenders Cash & Carry Plc & Anor v HM Revenue & Customs [2012] EWCA Civ 689 (22 May 2012)
High Court (Chancery Division)
Bradbury v British Broadcasting Corporation [2012] EWHC 1369 (Ch) (23 May 2012)
High Court (Technology and Construction Court)
Phaestos Ltd & Anor v Ho & Ors [2012] EWHC 1375 (TCC) (23 May 2012)
Source: www.bailii.org
Why no public appointment hearings for UK’s new European Court of Human Rights judge? – UK Human Rights Blog
“The Guardian reported yesterday that ‘MPs aiming to claw back powers from Europe have secretly interviewed candidates to become Britain’s next judge at the European court of human rights’. Oliver Heald MP said that a group of MPs from the three main political parties met the 3 candidates, Raquel Agnello QC, Paul Mahoney and Ben Emmerson QC. The aim is ‘to improve democratic accountability’.”
UK Human Rights Blog, 23rd May 2012
Source: www.ukhumanrightsblog.com
Wikileaks: UK Supreme Court to decide on Julian Assange – BBC News
“A decision on whether Wikileaks founder Julian Assange should be extradited to Sweden will be given next Wednesday, the UK Supreme Court has said.”
BBC News, 23rd May 2012
Source: www.bbc.co.uk
Pair jailed for rape of Luton schoolgirl have their sentences doubled – BBC News
“Two men who raped an 11-year-old girl in Luton have had their ‘unduly lenient’ sentences more than doubled.”
BBC News, 23rd May 2012
Source: www.bbc.co.uk
Improving Judicial Diversity – Speech by Lord Justice Goldring, Senior Presiding Judge
Improving Judicial Diversity (PDF)
Speech by Lord Justice Goldring, Senior Presiding Judge
Westminster Legal Policy Forum, 23rd May 2012
Source: www.judiciary.gov.uk
Mediation a success in civil justice system – Ministry of Justice
“Bill Wood, who is the acting Chair of the Civil Mediation Council, talks about the success of mediation in the civil justice system.”
Ministry of Justice, 23rd May 2012
Source: www.justice.gov.uk
Recent Statutory Instruments – legislation.gov.uk
The Income Tax (Limits for Enterprise Management Incentives) Order 2012
The Income Tax (Entertainers and Sportsmen) (Amendment) Regulations 2012
The Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012
The Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2012
The Misuse of Drugs (Designation) (Amendment No.2) (England, Wales and Scotland) Order 2012
The Misuse of Drugs (Amendment No.3) (England, Wales and Scotland) Regulations 2012
The Local Authorities (Capital Finance and Accounting) (England) (Amendment) (No.3) Regulations 2012
Source: www.legislation.gov.uk
European Court of Human Rights retreats but doesn’t surrender on prisoner votes – UK Human Rights
“The Grand Chamber of the European Court of Human Rights has ruled that states must allow for at least some prisoners to vote, but that states have a wide discretion as to deciding which prisoners. This amounts to a retreat on prisoner votes, but certainly no surrender. As I predicted, the court reaffirmed the principles set out in Hirst No. 2, that an automatic and indiscriminate bans breach the European Convention on Human Rights, but also reaffirmed that it was up to states to decide how to remove those indiscriminate bans.”
UK Human Rights Blog, 22nd May 2012
Source: www.ukhumanrightsblog.com
