O(B) v Director of the Serious Fraud Office – WLR Daily

O(B) v Director of the Serious Fraud Office: [2012] EWCA Crim 901;  [2012] WLR (D)  133

“In contempt of court cases, there was a right of appeal to the Supreme Court from the Court of Appeal, Criminal Division, by the route of rectification of section 378 and paragraph 45(2) of Schedule 16 to the Armed Forces Act 2006 which had deleted the reference to the Court of Appeal, Criminal Division and inserted no new reference. The substance of the provision Parliament would have made had the drafting error been noticed, occasioned no difficulty. All that would have been required was the insertion of express wording following ‘Court of Appeal’ in section 13(2)(c) of the Administration of Justice Act 1960 (as amended) making it plain that ‘Court of Appeal’ encompassed both civil and criminal divisions. The rectification preserved an important right of appeal and avoided an outcome which had no rational justification.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2) – WLR Daily

Posted May 4th, 2012 in bailment, charterparties, indemnities, law reports, remuneration by sally

ENE Kos 1 Ltd v Petroleo Brasileiro SA (No 2): [2012] UKSC 17;  [2012] WLR (D)  132

“Following the valid withdrawal, under a time charter, of a vessel with cargo onboard because of non-payment of hire, the shipowners were entitled to be paid the market rate of hire for the period from the notice of withdrawal until the charterers had removed their cargo.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

SAS Institute Inc v World Programming Ltd – WLR Daily

Posted May 4th, 2012 in computer programs, copyright, EC law, law reports by sally

SAS Institute Inc v World Programming Ltd: (Case C-406/10);  [2012] WLR (D)  131

“The functionality of a computer program, the programming language and the format of data files used in a computer program in order to exploit certain of its functions did not constitute a form of expression of that program within the meaning of article 1(2) of Council Directive 91/250/EEC on the legal protection of computer programs (OJ 1991 L122, p 42) and, as such, were not protected by copyright in computer programs for the purposes of that Directive.”

WLR Daily, 2nd May 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted May 4th, 2012 in legislation by sally

The Digital Economy Act 2010 (Appointed Day No.2) Order 2012

The Care Quality Commission (Registration and Membership) (Amendment) Regulations 2012

The Milford Haven Port Authority (Constitution) Harbour Revision Order 2012

The Education Act 2011 (Abolition of the GTCE Consequential Amendments and Revocations) Order 2012

Source: www.legislation.gov.uk

Command Papers – official-documents.gov.uk

Posted May 4th, 2012 in parliamentary papers by sally

Agreement between the government of the United Kingdom of Great Britain and Northern Ireland and the government of the Republic of Turkey on military cooperation: London, 23 November 2011, Cm 8344 (PDF)

Source: www.official-documents.gov.uk

People smugglers jailed – UK Border Agency

Posted May 4th, 2012 in press releases, sentencing, trafficking in human beings by sally

“Two men who attempted to smuggle 9 Kuwaitis into the UK have been jailed for 11 years.”

Full press release

UK Border Agency, 1st May 2012

Source: www.ukba.homeoffice.gov.uk

37 years for £4.9m drug smugglers – Home Office

Posted May 4th, 2012 in drug trafficking, press releases, sentencing by sally

“Two men have been jailed for a total of 37 years after being found guilty of smuggling drugs with an estimated street value of £4.9 million.”

Full press release

Home Office, 2nd May 2012

Source: www.homeoffice.gov.uk

When does an expert report constitute “independent evidence” of torture? – UK Human Rights Blog

Posted May 4th, 2012 in evidence, expert witnesses, news, torture by sally

“Whether expert evidence relied upon by an asylum seeker amounted to ‘independent evidence’ of torture was the key issue before the Court of Appeal in this case . The issue arose in the context of AM’s claim against the Home Office for wrongful imprisonment contrary to the UK Border Agency’s Enforcement Instructions and Guidance. The Guidance, which contains the policy of the Agency on detentions (amongst other things), says that where there is ‘independent evidence’ that a person has been tortured, that person is suitable for detention only in ‘very exceptional circumstances’.”

Full story

Source: www.ukhumanrightsblog.com

Battle of the bus lanes: Addison Lee injuncted by High Court – UK Human Rights Blog

Posted May 4th, 2012 in freedom of expression, injunctions, news, taxis, transport by sally

“Transport for London (TfL) have succeeded in their High Court application for an injunction restraining Addison Lee Taxis from encouraging drivers to use London bus lanes. Mr Justice Eder ruled that the injunction would not breach Addison Lee Chairman John Griffin’s free expression rights.”

Full story

UK Human Rights Blog, 3rd May 2012

Source: www.ukhumanrightsblog.com

 

Sex abuser Clifford Lown jailed after filming rape – BBC News

Posted May 4th, 2012 in child abuse, news, rape, sentencing by sally

“A man who filmed himself raping a woman he had abused when she was a child has been jailed for 20 years.”

Full story

BBC News, 3rd May 2012

Source: www.bbc.co.uk

Businesses ‘should help prisoners get work’ – BBC News

Posted May 4th, 2012 in imprisonment, news, rehabilitation by sally

“Major employers should give prisoners work experience placements and training and help more ex-offenders get work, Ken Clarke has said.”

Full story

BBC News, 4th May 2012

Source: www.bbc.co.uk

Internet pornography: government to consult on protecting children – The Guardian

Posted May 4th, 2012 in children, internet, news, pornography by sally

“The government is to consult on tough measures to protect children from internet pornography. Under plans being draw up by Downing Street, it would be up to customers to ‘opt-in’ to receive adult content online when they take out a broadband contract.”

Full story

The Guardian, 4th May 2012

Source: www.guardian.co.uk

Teenager convicted for harassing Pagan – Daily Telegraph

“The 16-year-old, who cannot be identified for legal reasons, consistently provoked the female member of staff over her beliefs in what is understood to be the first case of its kind. A court heard how the defendant discovered through friends that his victim was a Pagan – a legally recognised religion – and then ‘jumped on the bandwagon’. He pleaded guilty to religiously aggravated harassment over a period.”

Full story

Daily Telegraph, 3rd May 2012

Source: www.telegraph.co.uk

Politicians should have thick skins, judge rules in ‘bitchy’ councillor case – Daily Telegraph

Posted May 4th, 2012 in freedom of expression, internet, local government, news by sally

“People have a right to lampoon and criticise politicians and public officials under the Human Rights Act, the High Court has ruled.”

Full story

Daily Telegraph, 4th May 2012

Source: www.telegraph.co.uk

Protection of Freedoms Act comes into force and lays out new laws on DNA retention and surveillance cameras – OUT-LAW.com

Posted May 3rd, 2012 in closed circuit television, DNA, fingerprints, legislation, news by sally

“A new code of practice on public surveillance using CCTV systems and automatic number plate recognition (ANPR) technology will be introduced by new laws recently enacted.”

Full story

OUT-LAW.com, 3rd May 2012

Source: www.out-law.com

Plea bargaining: eBay justice – Halsbury’s Law Exchange

Posted May 3rd, 2012 in bribery, corruption, criminal justice, news, plea bargaining by sally

“In 2009, Zoe Pemberton, then aged ten, put her grandmother up for auction on eBay ostensibly as a joke. As part of the description she described her grandmother as ‘annoying and moaning a lot’. She also said that she was ‘cuddly’ and ‘likes word searches’. The public bid up to £20,000 until the lot was taken down. If you believe that our criminal justice system is the grandma of every common law system of the world then it seems that she is about to be auctioned off. News is that the Government intends to consult on a new plea bargaining system after big business suggested that the UK should copy the US. At the same time, amongst lawyers and commentators, opinion of the US plea bargaining system is at an all time low.”

Full story

Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk

Protester barred from all Jubilee and Games events – BBC News

Posted May 3rd, 2012 in ASBOs, news, public order, sport by sally

“A man barred from protesting at the site of an Olympic basketball training facility has been ordered by a court to stay away from all Games venues.”

Full story

BBC News, 3rd May 2012

Source: www.bbc.co.uk

Strasbourg judges have got it wrong in case of man’s mistreatment in custody – The Guardian

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“Judgment in MS v UK from European court leaves publicly funded authorities threatened with litigation from all sides.”

Full story

The Guardian, 3rd May 2012

Source: www.guardian.co.uk

Mentally ill man’s detention in police cell breached his human rights – Daily Telegraph

Posted May 3rd, 2012 in detention, human rights, mental health, news by sally

“A violent mentally ill man who was kept in a police cell for more than three days without medical treatment suffered ‘inhuman or degrading treatment’, European human rights judges have ruled.”

Full story

Daily Telegraph, 3rd May 2012

Source: www.telegraph.co.uk

The ECHR and democratic legitimacy – Halsbury’s Law Exchange

Posted May 3rd, 2012 in courts, human rights, news, treaties by sally

“Two interesting articles on the UK Human Rights Blog recently raised once again the question of the legitimacy of the European Court of Human Rights (ECHR).”

Full story

Halsbury’s Law Exchange, 3rd May 2012

Source: www.halsburyslawexchange.co.uk