Regina v Burke (Michael) – WLR Daily

Posted April 25th, 2012 in appeals, fitness to plead, law reports, voyeurism by sally

Regina v Burke (Michael) [2012] EWCA Crim 770; [2012] WLR (D) 119

“Where a defendant had been charged with an offence of voyeurism but had been found to be under a disability so that he was unfit to plead or to stand trial, the ingredients of ‘the act…charged against him as the offence’, for the purposes of section 4A(2) of the Criminal Procedure (Insanity) Act 1964, included a requirement to prove that his act had been for the purpose of sexual gratification.”

WLR Daily, 20th April 2012

Source: www.iclr.co.uk

Regina (Raeside) v Luton Crown Court – WLR Daily

Posted April 25th, 2012 in detention, judges, judicial review, law reports, time limits by sally

Regina (Raeside) v Luton Crown Court [2012] WLR (D) 120

“The purpose of a custody time limit would be undermined if the court granted an extension under section 22(3) of the Prosecution of Offences Act 1985 in anything other than exceptional circumstances, and in the absence of the express consent of the defendant to the extension of that limit, the court must direct that an immediate application is made by the Crown and rigorously scrutinise the evidence to see if it is satisfied that there is good and sufficient cause.”

WLR Daily, 23rd April 2012

Source: www.iclr.co.uk

Regina v Bagnall; Regina v Sharma – WLR Daily

Posted April 25th, 2012 in appeals, confiscation, human rights, law reports, proceeds of crime by sally

Regina v Bagnall; Regina v Sharma [2012] EWCA Crim 677; [2012] WLR (D) 118

“Where, in confiscation proceedings, the Crown accused an offender of an additional specific offence for which he had not been prosecuted and adduced evidence to make that accusation good, that did not amount to the bringing of a new charge. Since the defendant was not at risk of any further conviction and there was no finding of guilt, the findings reached by the judge, applying the statutory assumptions, merely went to the amount of the order the court was obliged to make. There was no unfairness in requiring a defendant to show that the source of his assets was legitimate.”

WLR Daily, 18th April 2012

Source: www.iclr.co.uk

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH – WLR Daily

Posted April 25th, 2012 in advertising, EC law, internet, jurisdiction, law reports, trade marks by sally

Wintersteiger AG v Products 4U Sondermaschinenbau GmbH (Case C-523/10); [2012] WLR (D) 117

“Article 5(3) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters meant that an action relating to infringement of a trade mark registered in a member state because of the use, by an advertiser, of a keyword identical to that trade mark on a search engine website operating under a country-specific top-level domain of another member state could be brought before either the courts of the member state in which the trade mark was registered or the courts of the member state of the place of establishment of the advertiser.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Meister v Speech Design Carrier Systems GmbH – WLR Daily

Posted April 25th, 2012 in age discrimination, disclosure, EC law, employment, law reports, race discrimination, sex discrimination by sally

Meister v Speech Design Carrier Systems GmbH (Case C-415/10); [2012] WLR (D) 116

“European Union law did not entitle a worker who plausibly claimed to meet the requirements listed in a job advertisement and whose application was rejected to have access to information indicating whether the employer engaged another applicant at the end of the recruitment process. Nevertheless, it could not be ruled out that a refusal to grant any access to information might be one of the factors to take into account in the context of establishing facts from which it might be presumed that there had been direct or indirect discrimination.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted April 25th, 2012 in law reports by sally

Court of Appeal (Civil Division)

LW (China) v Secretary of State for the Home Department [2012] EWCA Civ 519 (24 April 2012)

High Court (Queen’s Bench Division)

Hallam Estates Ltd & Anor v Baker [2012] EWHC 1046 (QB) (24 April 2012)

High Court (Administrative Court)

Raeside, R (on the application of) v Crown Prosecution Service [2012] EWHC 1064 (Admin) (23 April 2012)

Source: www.bailii.org

Is climate change a human rights issue? – UK Human Rights Blog

Posted April 25th, 2012 in climate change, human rights, news by sally

“In his thought-provoking Guardian post Climate change is a human rights issue – and that’s how we can solve it, Olivier De Schutter, UN Special Rapporteur on the right to food, makes a case for human rights playing a radical new part in our response to climate change.”

Full story

UK Human Rights Blog, 24th April 2012

Source: www.ukhumanrightsblog.com

Six fines issued for data breaches – The Independent

Posted April 25th, 2012 in data protection, fines, freedom of information, news by sally

“Six public bodies were fined over personal data security breaches in the last year despite hundreds of reported cases, a report said today.”

Full story

The Independent, 25th April 2012

Source: www.independent.co.uk

Jeremy Hunt emails: a legal view – The Guardian

Posted April 25th, 2012 in bias, competition, electronic mail, media, news, takeovers by sally

“The emails revealed between the minister and News Corporation lobbyists suggest a risk of bias, says legal commentator.”

Full story

The Guardian, 24th April 2012

Source: www.guardian.co.uk

Asbestos exemption to ‘no-win, no-fee’ changes

Posted April 25th, 2012 in asbestos, compensation, industrial injuries, legal aid, news by sally

“Sufferers of asbestos-related cancer will initially be exempt from government changes to ‘no-win, no-fee’ rules, a justice minister has said.”

Full story

BBC News, 24th April 2012

Source: www.bbc.co.uk

Twitter users to be arrested over naming of Ched Evans rape victim – The Guardian

Posted April 25th, 2012 in contempt of court, internet, media, news by sally

“Police are planning to arrest a number of Twitter users who are alleged to have named the 19-year-old rape victim of Sheffield United footballer Ched Evans, and have launched an investigation into Sky News after it broadcast her name in a report.”

Full story

The Guardian, 24th April 2012

Source: www.guardian.co.uk

An American Model: Are we Moving Towards US Style Sentencing? – Garden Court Chambers Blog

Posted April 25th, 2012 in news, plea bargaining, sentencing, terrorism by sally

“Ali Naseem Bajwa QC considers the arguments for and against sentence discounts in terrorist cases.”

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Garden Court Chambers Blog, 24th April 2012

Source: www.gclaw.wordpress.com

Ban on Christian advertising was lawful, says court – UK Human Rights Blog

Posted April 24th, 2012 in advertising, media, news by sally

“The High Court has upheld the refusal of the broadcasting regulator to clear an advertisement for transmission on the grounds that it offended the prohibition on political advertising.”

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UK Human Rights Blog, 24th April 2012

Source: www.ukhumanrightsblog.com

Ex-soldier found guilty of rapes – The Independent

Posted April 24th, 2012 in armed forces, assault, news, rape, recidivists by sally

“A former soldier was today convicted of a string of sex attacks during which he told one victim: ‘I don’t believe this, I’m a good-looking bloke’ when she rejected his advances.”

Full story

The Independent, 24th April 2012

Source: www.independent.co.uk

Sex attack victims sue cabbie John Worboys and his insurers – BBC News

Posted April 24th, 2012 in insurance, news, taxis, victims by sally

“Women who were sexually assaulted by cabbie John Worboys are suing him and his vehicle insurers, arguing he used his taxi to attack them.”

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BBC News, 24th April 2012

Source: www.bbc.co.uk

We need a ‘beyond bars’ approach to jailing women – The Guardian

Posted April 24th, 2012 in news, prisons, sentencing, women by sally

“When women with children are sent to prison, who is being punished?”

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The Guardian, 24th April 2012

Source: www.guardian.co.uk

Two guilty of £2.3m Olympic authority fraud – BBC News

Posted April 24th, 2012 in fraud, money laundering, news, sport by sally

“Two men have been found guilty of money-laundering charges following a £2.3m fraud against the Olympic Delivery Authority (ODA), the Crown Prosecution Service has confirmed.”

Full story

BBC News, 24th April 2012

Source: www.bbc.co.uk

Naked men started flat fire in Wiccan ritual to get rid of negative vibes – Daily Telegraph

Posted April 24th, 2012 in arson, community service, news by sally

“Two naked men started fires in a flat as part of a pagan ritual to get rid of ‘negative vibes’, a court heard.”

Full story

Daily Telegraph, 24th April 2012

Source: www.telegraph.co.uk