Jeremy Clarkson cleared by Ofcom over Elephant Man comment – The Guardian

Posted May 8th, 2012 in complaints, media, news by sally

“Ofcom has cleared Jeremy Clarkson’s comparison of a Japanese car to the Elephant Man of breaching the broadcasting code, despite more than 40 complaints that it was offensive to people suffering from facial disfigurement.”

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The Guardian, 8th May 2012

Source: www.guardian.co.uk

Employment tribunals cannot apportion liability in discrimination claims where more than one party is at fault – OUT-LAW.com

Posted May 8th, 2012 in appeals, compensation, employment tribunals, news, sex discrimination by sally

“Employment tribunals do not have the jurisdiction to apportion liability for compensation in discrimination claims where more than one party is at fault, the Employment Appeals Tribunal (EAT) has ruled.”

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The Guardian, 8th May 2012

Source: www.guardian.co.uk

Channel 4 under Ofcom investigation over Prometheus exclusive – The Guardian

Posted May 8th, 2012 in advertising, codes of practice, media, news by sally

“Channel 4 is under investigation by Ofcom over its exclusive airing of the film trailer for Ridley Scott’s sci-fi film Prometheus.”

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The Guardian, 8th May 2012

Source: www.guardian.co.uk

East Yorkshire mother jailed for child cruelty – BBC News

Posted May 8th, 2012 in child cruelty, news, sentencing by sally

“A woman who ‘blighted’ the lives of her children by subjecting them to five years of cruelty has been jailed.”

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BBC News, 8th May 2012

Source: www.bbc.co.uk

Phone hacking: Andy Coulson wins leave to appeal over ruling on legal fees – The Guardian

Posted May 8th, 2012 in appeals, fees, interception, news, telecommunications by sally

“Former News of the World editor Andy Coulson has won permission to appeal against a high court ruling that News International is not liable to pay his potential legal fees over the phone-hacking scandal.”

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The Guardian,

Source: www.guardian.co.uk

Classifieds

Posted May 8th, 2012 in news by sally

Recently added:

Are you fit for “fitness to plead”? – One Inner Temple Lane

Posted May 8th, 2012 in fitness to plead, learning difficulties, mental health, news by sally

“The concept of ‘fitness to plead’ is often a source of confusion. It is not solely a consideration of whether the defendant is actually capable of being arraigned on the indictment. The question to be addressed is whether a defendant is fit to enter a plea and stand trial. A person may have sufficient capacity to deny the allegation that is made and yet be unable to undergo the entire trial process. The defence should not overlook the possible benefits, where properly available, to a defendant of a finding of unfitness to plead. Where the issue of fitness to plead is raised it must be determined by a Judge. The defendant ought not to be arraigned before this issue is determined. If a defendant is found unfit to plead there is a further hearing before a jury to determine whether or not he did the act or acts alleged. If unsure, the defendant will be acquitted and so he will have the advantage of challenging the Crown’s evidence. If the finding is adverse to the defendant then the Judge has the power to make a hospital order (with or without restriction), a supervision order or an absolute discharge. The defendant can be diverted from the prison system in this way.”

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One Inner Temple Lane, 1st May 2012

Source: www.1itl.com

The vexatious allegation – One Inner Temple Lane

“False reports to the police are rare. Most complaints are truthful and accurate and amount to a proper grievance. However, there are some that are either false or wild exaggerations of the truth. There are yet more that may well be true but amount only to such a trivial complaint that a reasonable person would not think it worthy of the attention of the authorities. The subject of such reporting has hitherto had limited redress in law. Unless the Crown were wiling to prosecute the accuser the chances of retribution were small. The case of Waxman has brought to notice an area of civil redress.”

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One Inner Temple Lane, 1st May 2012

Source: www.1itl.com

Securing Commons – The Right and the Just? De-mystifying Commons Registration – Hardwicke Chambers

Posted May 8th, 2012 in appeals, commons, footpaths, news by sally

“In the recent decision in Taylor v Betterment Properties Ltd [2012] EWCA Civ 250, the Court of Appeal has provided useful guidance on two questions arising under the Commons Registration Act 1965 and potentially of wider implication.”

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Hardwicke Chambers, 2nd May 2012

Source: www.hardwicke.co.uk

Local Government Law Update – 11 KBW

Posted May 8th, 2012 in local government, news, professional conduct by sally

Local Government Law Update (PDF)

11 KBW, 4th May 2012

Source: www.11kbw.com

Djanogly: Justice supports business – Ministry of Justice

“Justice Minister Jonathan Djanogly met today with business leaders to launch ‘Justice for Business: Supporting Business and Promoting Growth,’ a new paper outlining how the Government’s ambitious reform programme is making the justice system more effective, less costly and better for business.”

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Ministry of Justice, 8th May 2012

Source: www.justice.gov.uk

Regulators agree to share more information – Bar Standards Board

“Regulators from across the legal, accountancy, financial and property sectors have signed a formal agreement that will allow even greater sharing of information.”

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Bar Standards Board, 4th May 2012

Source: www.barstandardsboard.org.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 8th, 2012 in legislation by sally

The Apprenticeships (Alternative English Completion Conditions) Regulations 2012

The Sixth Form College Corporations (Publication of Proposals) (England) Regulations 2012

The Offender Management Act 2007 (Establishment of Probation Trusts) (Amendment) Order 2012

The Public Bodies (Abolition of Courts Boards) Order 2012

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted May 8th, 2012 in law reports by sally

High Court (Chancery Division)

Alfa Laval Tumba AB & Anor v Separator Spares International Ltd & Anor [2012] EWHC 1155 (Ch) (04 May 2012)

High Court (Family Division)

AV v RM [2012] EWHC 1173 (Fam) (21 March 2012)

High Court (Administrative Court)

Nunn v Suffolk Constabulary & Anor [2012] EWHC 1186 (Admin) (04 May 2012)

Source: www.bailii.org

Magistrates to sit in community centres in plan to speed up justice – Daily Telegraph

Posted May 8th, 2012 in courts, guilty pleas, magistrates, news, summary judgments by sally

“Ministers are to announce plans to allow magistrates to sit on their own in community centres or police stations in a bid to speed up justice.”

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Daily Telegraph, 8th May 2012

Source: www.telegraph.co.uk

Censure of councillor for “sarcastic, lampooning and disrespectful” blog breached his free speech rights – UK Human Rights Blog

“The decision to censure a Welsh councillor for comments on his blog was a disproportionate interference with his right to freedom of expression, the High Court has ruled. This right requires a broad interpretation of what counts as ‘political speech’ – even when the speech is sarcastic and mocking.”

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UK Human Rights Blog, 7th May 2012

Source: www.ukhumanrightsblog.com

Drug-drivers to face jail time under new law – The Guardian

Posted May 8th, 2012 in bills, careless driving, drug abuse, drug offences, news by sally

“Drivers found to have taken drugs face a prison sentence of up to six months and a fine of up to £5,000 under new legislation, ministers reveal on Monday.”

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The Guardian, 7th May 2012

Source: www.guardian.co.uk