Sentencers and commissioners: Time for a new relationship? – Speech by Nicholas Moss JP
Sentencers and commissioners: Time for a new relationship? (PDF)
Speech by Nicholas Moss JP
Ministry of Justice, 24th April 2012
Source: www.judiciary.gov.uk
Taxis and private hire services – Law Commission
“Clearer rules governing taxis and private hire vehicles could bring stretch limousines and bicycle rickshaws into the licensing system but keep charity volunteers and childminders out of it, the Law Commission said today.”
Law Commission, 10th May 2012
Source: www.lawcommission.justice.gov.uk
Common european sales law – Ministry of Justice
“Senior representatives from business, consumer, digital and legal organisations met Lord McNally, to share their views on the proposed Common European Sales Law.”
Ministry of Justice, 9th May 2012
Source: www.justice.gov.uk
DfE sets out key features of Children and Families Bill – Family Law Week
“The Department for Education has set out the key features of the Children and Families Bill announced in the Queen’s Speech. The Bill is expected to be introduced early in 2013.”
Family Law Week, 9th May 2012
Source: www.familylawweek.com
Climate change human rights litigation: is it so radical? Nicola Peart – UK Human Rights Blog
“In the UK there are at present no rights expressly cast in terms applicable to climate change, nor have our traditional human rights been extensively interpreted as covering climate change consequences. As David Hart QC identifies in his blog, Is climate change a human rights issue?, human rights principles, to be useful for climate change litigators, have to have some democratic backing somewhere. So is there any hope, in the near future at least, of formally or even informally establishing a link between climate change and human rights in the UK? Is human rights based climate change litigation as ‘radical’ as David Hart suggests?”
UK Human Rights Blog, 9th May 2012
Source: www.ukhumanrightsblog.com
Regina (M) v Croydon London Borough Council – WLR Daily
Regina (M) v Croydon London Borough Council [2012] EWCA Civ 595; [2012] WLR (D) 141
“A claimant in the Administrative Court whose public law claim resulted in a settlement of the claim, whether before a hearing of the case or after a full hearing so that the claimant obtained all the relief sought, was entitled, just as a claimant in general civil litigation, to all of his costs unless there was good reason to the contrary.”
WLR Daily, 8th May 2012
Source: www.iclr.co.uk
Harrow Borough Council v Ayiku – WLR Daily
Harrow Borough Council v Ayiku [2012] EWHC 1200 (Admin); [2012] WLR (D) 140
“The non-British spouse of a student (residing in a relevant dwelling) who was prevented by the terms of her leave to enter from claiming benefits, but was not prevented by those terms from taking paid employment, was exempt from having to pay council tax by virtue of the operation of class N in article 3 of the Council Tax (Exempt Dwellings) Order 1992, as substituted.”
WLR Daily, 9th May 2012
Source: www.iclr.co.uk
Abusive tweeter John Graham Kerlen avoids jail – The Independent
“A blogger who called a councillor a ‘c***’ on Twitter and invited people to put excrement through his letter box avoided a jail sentence today.”
The Independent, 9th May 2012
Source: www.independent.co.uk
Civil court system faces ‘meltdown’ – Law Society’s Gazette
“The civil and family court system is facing the prospect of chaos as the government prepares to cut face-to-face counter services and problems persist at the Salford civil claims centre, lawyers have warned.”
Law Society’s Gazette, 10th May 2012
Source: www.lawgazette.co.uk
Abu Qatada deportation appeal rejected by human rights court – The Guardian
“The home secretary, Theresa May, is to make a renewed attempt to deport Abu Qatada after judges at the European court of human rights rejected his appeal to the Strasbourg court.”
The Guardian, 9th May 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Helena Partnerships Ltd v HM Revenue and Customs [2012] EWCA Civ 569 (09 May 2012)
Barker v Hambleton District Council [2012] EWCA Civ 610 (09 May 2012)
London Borough of Enfield v Outdoor Plus Ltd & Anor [2012] EWCA Civ 608 (09 May 2012)
Slater v Stephen Mark St Patrick Condappa [2012] EWCA Civ 598 (09 May 2012)
Owen Ernest Wood & Ors v Hudson Industrial Services Ltd [2012] EWCA Civ 599 (09 May 2012)
High Court (Queen’s Bench Division)
Zhang v Homerton University Hospitals NHS Foundation Trust [2012] EWHC 1208 (QB) (09 May 2012)
Cornish v General Medical Council [2012] EWHC 1196 (QB) (09 May 2012)
Attrill & Ors v Dresdner Kleinwort Ltd & Anor [2012] EWHC 1189 (QB) (09 May 2012)
High Court (Chancery Division)
Workman & Anor v Tag Capital Ventures Ltd (Rev 1) [2012] EWHC 1171 (Ch) (08 May 2012)
Trillium (Nelson) Properties Ltd v Office Metro Ltd [2012] EWHC 1191 (Ch) (09 May 2012)
High Court (Administrative Court)
London Borough of Harrow v Ayiku [2012] EWHC 1200 (Admin) (09 May 2012)
Source: www.bailii.org
Anaesthetist who took drugs before going into the operating theatre loses appeal – Daily Telegraph
“A hospital doctor who took handfuls of pain killers and injected himself with drugs before work each morning was rightly struck off for his ‘blatant disregard for patient safety’, the High Court has ruled.”
Daily Telegraph, 9th May 2012
Source: www.telegraph.co.uk
Advance decisions: a rare and welcome judicial look – Halsbury’s Law Exchange
“The Mental Capacity Act 2005 contains detailed provision for advance decisions – otherwise known as advance directives: see ss 24, 25 and 26. These are statements made by a person when capacitous, which may apply when the person loses capacity. If they are ‘valid and applicable’ they have the same effect as if made by that person capacitously. A competent patient has the right to refuse even life-sustaining treatment.”
Halsbury’s Law Exchange, 9th May 2012
Source: www.halsburyslawexchange.co.uk
Rochdale gang jailed for total of 77 years for sexually exploiting young girls – The Guardian
“Nine men have received heavy jail sentences at Liverpool crown court for their part in a child sexual exploitation gang that groomed young vulnerable girls in Rochdale.”
The Guardian, 9th May 2012
Source: www.guardian.co.uk
Prisoners launch High Court challenge to keep more of their wages – Daily Telegraph
“Prisoners who take jobs outside jail have launched a High Court challenge to keep a great share of their wages, claiming too much goes to victim support.”
Daily Telegraph, 9th May 2012
Source: www.telegraph.co.uk
Should we outlaw genetic discrimination? – UK Human Rights Blog
“Earlier this month the Association of British Insurers announced the latest extension on the moratorium on the use of genetic test results for insurance purposes. But is this ‘Concordat’ sufficient protection? Genetic technologies are becoming increasingly available and profound questions are arising in relation to life and health insurance and employability as genetic screening becomes cheaper and widespread.”
UK Human Rights Blog, 9th May 2012
Source: www.ukhumanrightsblog.com
Justice system criticised as Spectator faces £5,000 fine over article that jeopardised Stephen Lawrence trial – The Independent
“The father of Stephen Lawrence renewed his criticisms of the criminal justice system today after it emerged that the Spectator magazine faces a maximum £5,000 fine over an article written by Rod Liddle that jeopardised the trial of two of the black teenager’s racist killers.”
The Independent, 9th May 2012
Source: www.independent.co.uk
Parents reunited with baby after court rules fractures were caused by rickets – The Guardian
“A couple accused of abusing their baby after 17 fractures were discovered have welcomed a court ruling which found that the fractures were not caused by abuse but by the bone-weakening disease rickets.”
The Guardian, 9th May 2012
Source: www.guardian.co.uk
Televising trials: What can be learned from US? – BBC News
“Television cameras are to be allowed to film courts in England and Wales for the first time, it has been announced in the Queen’s Speech. What can be learned from the experience in the United States and Scotland?”
BBC News, 10th May 2012
Source: www.bbc.co.uk
