Copyright exceptions will not deliver anticipated economic growth, licensing bodies say – OUT-LAW.com

Posted April 2nd, 2012 in archives, copyright, libraries, licensing, news by sally

“Writing exceptions to copyright into UK law will not deliver economic growth and would in fact ‘remove the core asset value’ in creators’ content, a number of licensing bodies have said.”

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OUT-LAW.com, 2nd April 2012

Source: www.out-law.com

Kettling: Can a public interest motive justify a deprivation of liberty or not? – UK Human Rights Blog

Posted April 2nd, 2012 in demonstrations, human rights, news, police, public interest, public order by sally

“The Grand Chamber of the ECtHR recently tackled the question of whether the police tactic of ‘kettling’ (verb, UK, of the police – to contain demonstrators in a confined area) amounted to a deprivation of the liberty of four applicants within the meaning of Article 5(1) of the ECHR.”

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UK Human Rights Blog, 2nd April 2012

Source: www.ukhumanrightsblog.com

Two in five violent criminals handed a caution – Daily Telegraph

Posted April 2nd, 2012 in cautions, courts, news, robbery, sexual offences, violent offenders by sally

“Two in five violent criminals and sex offenders are escaping with a caution rather than being put before the courts, figures show.”

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Daily Telegraph, 2nd April 2012

Source: www.telegraph.co.uk

No extradition for Shrien Dewani – for now – UK Human Rights Blog

Posted April 2nd, 2012 in domestic violence, extradition, human rights, mental health, murder, news by sally

“The extradition to South Africa of Shrien Dewani, the man accused of murdering his wife on honeymoon there in 2010, has been delayed pending an improvement in his mental health.”

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UK Human Rights Blog, 31st March 2012

Source: www.ukhumanrightsblog.com

Government plans increased email and social network surveillance – The Guardian

Posted April 2nd, 2012 in electronic mail, internet, investigatory powers, news, police, privacy, terrorism by sally

“Ministers are to introduce a new law allowing police and security services to extend their monitoring of the public’s email and social media communications, the Home Office has confirmed.”

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The Guardian, 1st April 2012

Source: www.guardian.co.uk

Courts to open at weekends to mete out justice to yobs – Daily Telegraph

Posted April 2nd, 2012 in courts, drunk and disorderly, magistrates, news, young offenders by sally

“Magistrates’ courts are to be ordered to sit in then early mornings, evenings and at weekends under plans to deliver a ‘short, sharp shock’ to youths who get drunk and commit offences on Friday and Saturday nights.”

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Daily Telegraph, 31st March 2012

Source: www.telegraph.co.uk

Adoption: Ofsted report says courts are biggest cause of delay – BBC News

Posted April 2nd, 2012 in adoption, courts, delay, local government, news, social services by sally

“The most significant cause of delay for children needing adoption in England is the length of time taken by court proceedings, a report by Ofsted says.”

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BBC News, 2nd April 2012

Source: www.bbc.co.uk

Student who abused Fabrice Muamba on Twitter ‘should not have been jailed’ – The Guardian

“Thomas Hammarberg, the European commissioner for human rights, calls Liam Stacey’s 56-day sentence excessive.”

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The Guardian, 1st April 2012

Source: www.guardian.co.uk

Susan England banned from state schools by General Teaching Council – BBC News

Posted March 30th, 2012 in disciplinary procedures, news, professional conduct, teachers, theft by sally

“A former deputy head has been banned from state schools after stealing £13,000 from an after-school club.”

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BBC News, 29th March 2012

Source: www.bbc.co.uk

Police doctor Marcos Hourmann acted dishonestly over conviction, GMC finds – BBC News

“A doctor who failed to tell his police and NHS employers about a manslaughter conviction acted dishonestly, a watchdog has found.”

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BBC News, 30th March 2012

Source: www.bbc.co.uk

Four more UK soldiers disciplined after Afghan civilians killed or injured – The Guardian

Posted March 30th, 2012 in Afghanistan, armed forces, disciplinary procedures, news by sally

“Military commanders have disciplined a further four British soldiers accused of killing or wounding Afghan civilians. The disclosures come at a time of heightened tension after a series of incidents involving foreign troops, and the killing on Monday of two British soldiers by a member of the Afghan security forces. The Guardian has learned that a British soldier was given an unspecified punishment after an Afghan was fatally shot in the neck while praying in a field. In other cases, a soldier punched and knocked out an Afghan, and another fired a flare into an Afghan’s face.”

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The Guardian, 30th March 2012

Source: www.guardian.co.uk

High court should seize chance to curb government’s workfare programme – The Guardian

Posted March 30th, 2012 in benefits, judicial review, news, unemployment, volunteers by sally

“It may not be slave labour, but forcing people to work for free could breach human rights laws.”

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The Guardian, 30th March 2012

Source: www.guardian.co.uk

Fabrice Muamba: Jailed Twitter user Liam Stacey’s appeal dismissed – BBC News

Posted March 30th, 2012 in appeals, inciting racial hatred, internet, news, sentencing by sally

“A student has lost his appeal after being sent to jail for posting racially offensive comments on Twitter about footballer Fabrice Muamba.”

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BBC News, 30th March 2012

Source: www.bbc.co.uk

 

Eleven people sentenced over £1m iTunes and Amazon royalties fraud – The Independent

Posted March 30th, 2012 in electronic commerce, fraud, news, sentencing by sally

” Ten men and one woman including a former IT teacher have been given jail terms, suspended prison sentences and community service for their part in a £1m ‘fake royalties’ fraud of iTunes and Amazon.”

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The Independent, 30th March 2012

Source: www.independent.co.uk

Shrien Dewani extradition halted on mental health grounds – Daily Telegraph

“Two judges in London ruled that it would be ‘unjust and oppressive’ to order the removal of Dewani, who is accused of arranging the contract killing of wife Anni in Cape Town in November 2010 during their honeymoon.”

Full story

Daily Telegraph, 30th March 2012

Soruce: www.telegraph.co.uk

BAILII: Recent Decisions

Posted March 30th, 2012 in law reports by sally

Court of Appeal (Civil Division)

Valencia v Llupar [2012] EWCA Civ 396 (30 March 2012)

Al -Jedda v Secretary of State for the Home Department [2012] EWCA Civ 358 (29 March 2012)

Cornwall Waste Forum St Dennis Branch v Secretary of State for Communities and Local Government & Anor [2012] EWCA Civ 379 (29 March 2012)

Berky, R (on the application of) v Newport City Council & Ors [2012] EWCA Civ 378 (29 March 2012)

High Court (Administrative Court)

Ayyub v General Medical Council [2012] EWHC 797 (Admin) (29 March 2012)

High Court (Commercial Court)

Atlasnavios -Navegação, LDA v Navigators Insurance Company Ltd & Ors [2012] EWHC 802 (Comm) (29 March 2012)

High Court (Queen’s Bench Division)

AC & Anor v TR & Anor [2012] EWHC 796 (QB) (29 March 2012)

Contostavlos v Mendahun [2012] EWHC 850 (QB) (29 March 2012)

Source: www.bailii.org

R (King) v Secretary of State for Justice: R (Bourgass and another) v Same – WLR Daily

R (King) v Secretary of State for Justice: (Bourgass and another) v Same: CA Civ 376;  [2012] WLR (D)  102

“For the purposes of article 6 of the European Convention on Human Rights there was no civil right derived from domestic and common law to associate with fellow prisoners, so that an administrative decision to segregate or continue segregation of a prisoner was not a determination of such a right.”

WLR Daily, 27th Mach 2012

Source: www.iclr.co.uk

Haringey London Borough Council v Mountplace Ltd – WLR Daily

Posted March 30th, 2012 in duty of care, environmental protection, law reports, news, waste by sally

Haringey London Borough Council v Mountplace Ltd: [2012] EWHC 698 (Admin);  [2012] WLR (D)  100

“The duty of care imposed on a producer of waste (or anyone else who fell within one of the different categories of waste holder) by section 34(1)(c) of the Environmental Protection Act 1990 was a duty to secure the results set out in the subsection which fell to complied with on the occasion of a given transfer of waste, and the question as to what were the reasonable measures applicable to him ‘in that capacity’ to secure those results fell to be answered by reference to his capacity on that occasion in the circumstances prevailing at that time. However, that did not mean that a waste holder could not comply with that duty on the occasion of the transfer by having reference to measures he had already taken on days prior to that occasion in anticipation of that occasion, nor did it preclude the court from considering such measures, or the absence thereof, in determining whether the duty had been complied with.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

 

A local authority and others v L – WLR Daily

Posted March 30th, 2012 in duress, elderly, injunctions, law reports, mental health, undue influence by sally

A local authority and others v L: [2012] EWCA Civ 253;  [2012] WLR (D)  101

“The High Court’s inherent jurisdiction to protect vulnerable adults had survived the implementation of the Mental Capacity Act 2005. Thus the court could act where an adult’s capacity to make decisions for herself was overborne by circumstances such as undue influence or duress which were not covered by the Act.”

WLR Daily, 28th March 2012

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted March 30th, 2012 in legislation by sally

The Postal Services Act 2011 (Specified Day) Order 2012

The Public Bodies (Abolition of the National Endowment for Science, Technology and the Arts) Order 2012

The Industrial Training Levy (Engineering Construction Industry Training Board) Order 2012

The Industrial Training Levy (Construction Industry Training Board) Order 2012

Firefighters’ Pension Scheme (England)(Amendment) Order 2012

The Royal Brompton and Harefield NHS Foundation Trust (Transfer of Trust Property) Order 2012

The Quality Standards for Green Bananas (England and Wales) Regulations 2012

The Postal Services (Universal Postal Service) Order 2012

The Bus Lane Contraventions (Approved Local Authorities) (England) (Amendment) and Civil Enforcement of Parking Contraventions Designation Order 2012

Source: www.legislation.gov.uk