East Yorkshire mother jailed for child cruelty – BBC News
“A woman who ‘blighted’ the lives of her children by subjecting them to five years of cruelty has been jailed.”
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
“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.”
The Guardian,
Source: www.guardian.co.uk
Are you fit for “fitness to plead”? – One Inner Temple Lane
“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.”
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.”
One Inner Temple Lane, 1st May 2012
Source: www.1itl.com
Securing Commons – The Right and the Just? De-mystifying Commons Registration – Hardwicke Chambers
“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.”
Hardwicke Chambers, 2nd May 2012
Source: www.hardwicke.co.uk
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.”
Ministry of Justice, 8th May 2012
Source: www.justice.gov.uk
Recent Statutory Instruments – legislation.gov.uk
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
High Court (Chancery Division)
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
“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.”
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.”
UK Human Rights Blog, 7th May 2012
Source: www.ukhumanrightsblog.com
Drug-drivers to face jail time under new law – The Guardian
“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.”
The Guardian, 7th May 2012
Source: www.guardian.co.uk
Magistrates should use online crime maps ahead of sentencing – Daily Telegraph
“Magistrates say they should be able to use new online crime maps to give tougher sentences for offenders who are blighting a neighbourhood.”
Daily Telegraph, 5th May 2012
Source: www.telegraph.co.uk
Jeremy Bamber lawyers challenge refusal of appeal – The Guardian
“Lawyers acting for the convicted murderer Jeremy Bamber have issued a legal challenge to the Criminal Cases Review Commission (CCRC) following its decision not to refer his case back to the court of appeal. They say the commission has acted ‘unlawfully, overstepped its powers and usurped the function of the appeal court’.”
The Guardian, 7th May 2012
Source: www.guardian.co.uk
Suing the corporate soul; parent company down for asbestosis – UK Human Rights Blog
“This may sound like a rather dreary topic, but the problem is vitally important for the proper reach of environmental and personal injury law. Some may have seen from my post on the Erika disaster the difficult issues which can arise when a multi–national (in that case, Total) does business through a number of corporate entities, particularly where they are domiciled in different countries. But the present case is a good example where liabilities are not confined to the party directly responsible for the injury or disaster. Good thing, too, for this claimant, who stood to gain nothing from his former employer, a company now dissolved, or indeed its insurers.”
UK Human Rights Blog, 4th May 2012
Source: www.ukhumanrightsblog.com
