Breivik – insanity as a defence – Halsbury’s Law Exchange

Posted April 19th, 2012 in criminal responsibility, defences, insanity, news by sally

“Anders Behring Breivik knew what he was doing, and he knew it was wrong. Claiming insanity is not enough to protect a person from the consequences of his own evil acts. Alternatively, he must be mad. His killing spree was so shocking and so utterly at odds with normality as to be sufficient evidence of insanity in its own right. Res ipsa loquitur. And there you have it – the whole point of the argument about ‘criminal insanity’, which has been running for centuries.”

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Halsbury’s Law Exchange, 18th April 2012

Source: www.halsburyslawexchange.co.uk

Involving the Family Court Advisor in Pre-proceedings Practice – Initial lessons from the Coventry and Warwickshire pilot – Family Law Week

Posted April 19th, 2012 in family courts, news, pilot schemes by sally

“Dr Karen Broadhurst of Lancaster University and Kim Holt of Bradford university describe the pilot study carried out into the involvement of children’s guardians prior to the issue of proceedings.”

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Family Law Week, 17th April 2012

Source: www.familylawweek.co.uk

Student demonstration jury fails to reach verdict in violent disorder case – The Guardian

Posted April 19th, 2012 in demonstrations, news, retrials, violent disorder by sally

“Jurors failed to reach a verdict on Wednesday on whether a student who suffered a brain injury at a university fees demonstration was guilty of violent disorder.”

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The Guardian, 18th April 2012

Source: www.guardian.co.uk

Villagers lose High Court battle against ‘lord of the manor’ banker – Daily Telegraph

Posted April 19th, 2012 in commons, costs, land registration, news by sally

“A group of villagers was yesterday left with a six-figure legal costs bill after losing a court battle with a retired banker who styled himself lord of the manor.”

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Daily Telegraph, 18th April 2012

Source: www.telegraph.co.uk

Stilton seeks right to use its own name for its cheese – Daily Telegraph

Posted April 19th, 2012 in food, news, protected designations of origin by sally

“The village of Stilton is kicking up a stink for the right to use its own name for the cheese it produces.”

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DailyTelegraph, 18th April 2012

Source: www.telegraph.co.uk

Consultation over language tests for foreign doctors – BBC News

Posted April 19th, 2012 in doctors, news by sally

“Doctors wanting to work for the NHS will have to prove they are fluent in English if proposals go ahead. Experts will consult over the next few months on the plan put forward by Health Secretary Andrew Lansley.”

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BBC News, 18th April 2012

Source: www.bbc.co.uk

European court of human rights is not perfect, but it’s still precious – The Guardian

Posted April 19th, 2012 in constitutional history, courts, human rights, news by sally

“When imagined post-Nuremberg, the human rights convention and Strasbourg court was never supposed to be a substitute for national protection of human rights.”

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The Guardian, 19th April 2012

Source: www.guardian.co.uk

BA fuel surcharge fine halved by OFT – The Guardian

Posted April 19th, 2012 in airlines, consumer protection, fines, news, price fixing by sally

“The Office of Fair Trading has more than halved a £121.5m fine levied against British Airways for colluding with Virgin Atlantic in a fuel surcharge scam. The consumer watchdog reduced the fine to £58.5m to reflect new guidelines for financial sanctions and BA’s co-operation with the inquiry. Virgin Atlantic escaped any penalty because it blew the whistle on the collusion over setting fuel surcharges between 2004 and 2006.”

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The Guardian, 19th April 2012

Source: www.guardian.co.uk

Director of Public Prosecutions Kier Starmer admits CPS ‘faces tough decisions’ on phone hacking cases – Daily Telegraph

Posted April 19th, 2012 in interception, media, news, police, prosecutions, telecommunications by sally

“Director of Public Prosecutions Keir Starmer says each of the four files presented to the CPS on phone hacking will be considered as an individual case.”

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Daily Telegraph, 18th April 2012

Source: www.telegraph.co.uk

May’s bid to deport Qatada descends into farce – Daily Telegraph

Posted April 19th, 2012 in appeals, deportation, human rights, news, terrorism, time limits by sally

“The deportation of Abu Qatada descended into farce after a potential blunder by the Home Office allowed his lawyers to lodge a last-minute appeal which could extend his stay in Britain and derail attempts to remove him from the country.”

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Daily Telegraph, 18th April 2012

Source: www.telegraph.co.uk

Ofcom: press self-regulation could work – The Guardian

Posted April 18th, 2012 in codes of practice, media, news by sally

“Newspaper proprietors and editors hoping to stop David Cameron introducing statutory regulation of the press won support today from the broadcasting regulator Ofcom.”

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The Guardian, 18th April 2012

Source: www.guardian.co.uk

Still suffering from an accident for which you weren’t to blame? – The Guardian

Posted April 18th, 2012 in fees, insurance, legal aid, news, personal injuries by sally

“To nobody’s surprise, the government last night rejected arguments on behalf of mesothelioma sufferers and overturned a Lords amendment that would have exempted them from the effects of Part 2 of the legal aid bill (known as the Jackson reforms).”

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The Guardian, 18th April 2012

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 18th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Stapylton v R [2012] EWCA Crim 728 (18 April 2012)

High Court (Administrative Court)

Ford v Financial Services Authority & Anor [2012] EWHC 997 (Admin) (18 April 2012)

High Court (Commercial Court)

Finmoon Ltd & Anor v Baltic Reefers Management Ltd & Ors [2012] EWHC 920 (Comm) (17 April 2012)

Source: www.bailii.org

DPP launches public consultation on cases affecting the media – Crown Prosecution Service

Posted April 18th, 2012 in Crown Prosecution Service, freedom of expression, media, news, public interest by sally

“Keir Starmer QC, the Director of Public Prosecutions (DPP), has today published interim guidelines on the approach prosecutors should take when assessing the public interest in cases affecting the media.”

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Crown Prosecution Service, 18th April 2012

Source: www.cps.gov.uk

BAILII: Recent Decisions

Posted April 18th, 2012 in law reports by sally

Court of Appeal (Criminal Division)

Mullen & Ors, R. v (Rev 1) [2012] EWCA Crim 606 (01 March 2012)

High Court (Queen’s Bench Division)

Adams v The Law Society of England and Wales & Ors [2012] EWHC 980 (QB) (17 April 2012)

High Court (Administrative Court)

The Manydown Company Ltd. v Basingstoke and Deane Borough Council [2012] EWHC 977 (Admin) (17 April 2012)

Source: www.bailii.org

Employment cannot transfer automatically from one employer to another without a relevant TUPE transfer – OUT-LAW.com

Posted April 18th, 2012 in appeals, contract of employment, employment tribunals, news by sally

“An individual’s employment cannot be automatically transferred to another employer without following the proper procedures under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, a tribunal has confirmed.”

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OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Jack Straw faces legal action over Libya rendition claims – The Guardian

Posted April 18th, 2012 in damages, intelligence services, Libya, news, rendition, torture by sally

“A former Libyan dissident who was abducted and flown to one of Muammar Gaddafi’s prisons in a so-called rendition operation mounted with the help of MI6 has started legal proceedings against Jack Straw, who was British foreign secretary at the time.”

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The Guardian, 18th April 2012

Source: www.guardian.co.uk

Raithatha v Williamson (a bankrupt) – WLR Daily

Posted April 18th, 2012 in law reports, pensions, trustees in bankruptcy by sally

Raithatha v Williamson (a bankrupt) [2012] EWHC 909 (Ch); [2012] WLR (D) 115

“A trustee in bankruptcy was entitled to obtain an income payments order under section 310 of the Insolvency Act 1986 where a bankrupt had an entitlement to a payment under his pension scheme not merely where the scheme was in payment of benefit but also where, under the rules of the scheme, the bankrupt would be entitled to payment merely by asking for payment.”

WLR Daily, 4th April 2012

Source: www.iclr.co.uk

Names of staff members who dealt with complaints are not necessarily personal data, Tribunal says – OUT-LAW.com

Posted April 18th, 2012 in data protection, financial regulation, freedom of information, news, privacy, tribunals by sally

“The names of three junior members of staff who had handled complaints made to the financial services regulator should have been disclosed as part of a freedom of information request as disclosure ‘did not adversely affect their privacy’, a tribunal has ruled.”

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OUT-LAW.com, 18th April 2012

Source: www.out-law.com

Ken Clarke climbs down on legal aid for domestic violence – The Guardian

Posted April 18th, 2012 in bills, criminal justice, domestic violence, legal aid, news by sally

“Victims of domestic violence will be given greater access to legal aid to fund civil cases against abusive partners, Kenneth Clarke announced on Tuesday as the government made a U-turn on some of its controversial reforms. The justice secretary described the amendments to the legal aid, sentencing and punishment of offenders bill as ‘fairly formidable’.”

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The Guardian, 17th April 2012

Source: www.guardian.co.uk