F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“ – WLR Daily

Posted April 27th, 2012 in assignment, conflict of laws, EC law, insolvency, jurisdiction, law reports, setting aside by sally

F-Tex SIA v Lietuvos-Anglijos UAB „Jadecloud-Vilma“; (Case C-213/10);  [2012] WLR (D)  123

“Where a liquidator assigned a claim to have a transaction set aside derived from the national law applicable to the insolvency proceedings, the claim subsequently made by the assignee against a third party to have the transaction set aside came within the concept of ‘civil and commercial matters’ within the meaning of article 1(1) 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 (OJ 2001 L12, p1) and was no longer covered by the exception in article 2(b) for insolvency proceedings.”

WLR Daily, 19th April 2012

Source: www.iclr.co.uk

Chief Constable of West Yorkshire Police and another v Homer – WLR Daily

Posted April 27th, 2012 in age discrimination, law reports, retirement by sally

Chief Constable of West Yorkshire Police and another v Homer; [2012] UKSC 15;  [2012] WLR (D)  122

“An employment requirement which worked to the comparative disadvantage of a person approaching compulsory retirement age was indirectly discriminatory on grounds of age and had to be justified.”

WLR Daily, 25th April 2012

Source: www.iclr.co.uk

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties – WLR Daily

Posted April 27th, 2012 in burials and cremation, faculties, judicial review, jurisdiction, law reports, Ministry of Justice by sally

Regina (Rudewicz) v Secretary of State for Justice (Save Fawley Court Committee and others, interested parties) [2012] EWCA Civ 499;  [2012] WLR (D)  121

“It was for the Secretary of State of Justice, as the licensing authority for the exhumation of human remains (other than the power of a consistory court to grant a faculty to exhume human remains interred in consecrated ground of the Anglican Church), to determine on what grounds and in what circumstances to grant a licence to remove human remains. Apart from an obligation to act rationally and otherwise in accordance with the general law, there should be no fetter on his jurisdiction, nor any justification to import a presumption of permanence.”

WLR Daily, 24th April 2012

Source: www.iclr.co.uk

Command Papers – official-documents.gov.uk

Posted April 27th, 2012 in parliamentary papers by sally

Memorandum to the Home Affairs Committee: post-legislative assessment of the Violent Crime Reduction Act 2006, Cm 8327(pdf)

Parliamentary privilege, Cm 8318 (pdf)

Source: www.official-documents.gov.uk

Review of sanctions for disclosure failures in criminal trials – Judiciary of England and Wales

Posted April 27th, 2012 in criminal procedure, disclosure, penalties, press releases by sally

“The Lord Chief Justice has asked Lord Justice Gross and Mr Justice Treacy to conduct a review of sanctions for disclosure failures.”

Full press release

Judiciary of England and Wales, 26th april 2012

Source: www.judiciary.gov.uk

Attorney General and CPS Chief Crown Prosecutor welcome sentence increase for London rioter – Attorney General’s Office

Posted April 27th, 2012 in attorney general, Crown Prosecution Service, sentencing, violent disorder by sally

“Today the Court of Appeal increased the sentence of Adam Khan Ahmadzai, who, in the summer of last year led a gang of looters along a street in Croydon during the London riots.”

Full press release

Attorney-General’s Office, 25th April 2012

Source: www.attorneygeneral.gov.uk

Code consultation: queries about insurance requirements – Bar Standards Board

Posted April 27th, 2012 in barristers, insurance, press releases, professional conduct by sally

“Since issuing the consultation on the new Code (Handbook), we have received some queries about the insurance requirements in the new Code.”

Full press release

Bar Standards Board, 26th April 2012

Source: www.barstandardsboard.org.uk

Hate speech and the meaning of “unacceptable behaviour” – UK Human Rights Blog

Posted April 27th, 2012 in deportation, freedom of expression, human rights, inciting religious hatred, news, proportionality by sally

“Late last year I posted about the case of Mr Mahajna, a national of Israel (but of Palestinian origin), who appealed against a deportation order issued by the Home Secretary under section 3(5) of the Immigration Act 1971 on the basis that his presence in the United Kingdom was not conducive to public good.

And so to the Upper Tribunal (UT), which has now issued its decision on Mr Mahajna’s appeal against the FTT’s decision.”

Full story

UK Human Rights Blog, 26th April 2012

Source: www.ukhumanrightsblog.com

Forest of Dean faces Judicial Review of its Core Strategy – OUT-LAW.com

Posted April 27th, 2012 in environmental protection, judicial review, news, planning by sally

“Campaign group Friends of the Earth (FoE) has applied to the High Court to launch a legal challenge against the Forest of Dean District Council’s Core Strategy (CS) and Cinderford area action plan (AAP), which was adopted by the Council in February.”

Full story

OUT-LAW.com, 26th April 2012

Source: www.out-law.com

Slowly and unsurely, the courts are opening up – The Guardian

Posted April 27th, 2012 in criminal procedure, disclosure, media, news by sally

“A radical change may be underway in the way journalists cover court cases, thanks to a court of appeal ruling earlier this month. The latest version of the Criminal Procedure Rules, which came into force last October, entitles any member of the public to apply to read or copy documents referred to in court cases. Following the appeal, in which the Guardian sought access to documents referred to in the Tesler extradition case hearing, the presumption will now be that such requests should be approved unless there is a good reason not to.”

Full story

The Guardian, 26th April 2012

Source: www.guardian.co.uk

Taxi firm Addison Lee banned from telling drivers to use bus lanes – Daily Telegraph

Posted April 27th, 2012 in news, taxis, transport by sally

“Addison Lee had instructed employees that they could make use of bus lanes marked for black taxis during the hours when restrictions apply. But following an application by Transport for London (TfL), the High Court banned the private hire company from repeating its offer to pay its drivers’ fines or other penalties.”

Full story

Daily Telegraph, 26th April 2012

Source: www.telegraph.co.uk

Mother found negligent for child’s injuries after using wrong car seat – Daily Telegraph

Posted April 27th, 2012 in accidents, damages, negligence, news, personal injuries, road safety by sally

“A mother who put her three-year-old daughter in a car booster seat has been found partly responsible for her crippling car crash injuries by the High Court because it was the wrong seat for her age.”

Full story

Daily Telegraph, 26th April 2012

Source: www.telegraph.co.uk

Birmingham new year party shooting killers lose appeal – BBC News

Posted April 27th, 2012 in appeals, murder, news by sally

“Three men jailed for life for murdering two friends at a new year party in Birmingham have lost an appeal against their convictions.”

Full story

BBC News, 26th April 2012

Source: www.bbc.co.uk

Wrexham family to receive payout after meningitis error by hospital – BBC News

Posted April 27th, 2012 in compensation, hospitals, negligence, news, personal injuries by sally

“The parents of a six-year-old girl from Wrexham who was left severely brain damaged due to medical negligence have won their claim against a health board.”

Full story

BBC News, 26th April 2012

Source: www.bbc.co.uk

Ofcom studies phone-hacking evidence in BSkyB ‘fit and proper’ probe – The Guardian

Posted April 27th, 2012 in interception, media, news, privacy by sally

“Rupert Murdoch’s UK media empire is facing fresh scrutiny after media regulator Ofcom said it would examine evidence of phone hacking as part of its investigation into whether BSkyB is a ‘fit and proper’ owner of a broadcasting licence. Ofcom has stepped up its investigation into News Corporation’s BSkyB stake by requesting private court documents disclosed to lawyers acting for several alleged victims of phone hacking by the News of the World. News Corp is the largest shareholder in Sky, with a 39.1% stake, and is the parent company of News of the World publisher News International.”

Full story

The Guardian, 26th April 2012

Source: www.guardian.co.uk

Mark Duggan death: Met officers refuse IPCC interviews – The Guardian

Posted April 27th, 2012 in complaints, firearms, news, police by sally

“The police marksman who shot Mark Duggan dead and 30 other officers are refusing to be interviewed by the official investigation into the incident which triggered the summer riots across England.”

Full story

The Guardian, 26th April 2012

Source: www.guardian.co.uk

Britain faces fine from Brussels over immigration restrictions – Daily Telegraph

Posted April 27th, 2012 in EC law, freedom of movement, immigration, news by sally

“The Government has been told it has just two months to comply with all of the Free Movement Directive or it will be taken to court.”

Full story

Daily Telegraph. 26th April 2012

Source: www.telegraph.co.uk

Duchess of York’s killer aide Jane Andrews loses her bid to be freed from prison – Daily Telegraph

Posted April 27th, 2012 in murder, news, parole by sally

“Jane Andrews, the former dresser to Sarah, Duchess of York, who was sentenced to life for the murder of Thomas Cressman, has been refused parole.”

Full story

Daily Telegraph, 27th April 2012

Source: www.telegraph.co.uk

Third of juvenile offenders reoffend – The Independent

Posted April 26th, 2012 in news, recidivists, young offenders by sally

“More than a third of juvenile offenders went on to commit another offence within a year, figures showed today.”

Full story

The Independent, 26th April 2012

Source: www.independent.co.uk

Woman jailed for Victoria station killing of Sofyen Belamouadden – BBC News

Posted April 26th, 2012 in conspiracy, gangs, grievous bodily harm, homicide, news, sentencing by sally

“A woman who was seen on CCTV kicking a boy in the head after he was fatally stabbed in a Tube station has been jailed for 12 years for the killing.”

Full story

BBC News, 26th April 2012

Source: www.bbc.co.uk