London riots: Boy, 12, sentenced for violent disorder – BBC News
“A 12-year-old boy has become one of the youngest people to be sentenced over last summer’s riots in London.”
BBC News, 22nd March 2012
Source: www.bbc.co.uk
Investigation into Sussex ‘raw’ milk sold in Selfridges – BBC News
“A Sussex farm is being investigated for selling unpasteurised milk in a major department store.”
BBC News, 22nd March 2012
Source: www.bbc.co.uk
Former Brookside actor cleared of gangland murder – The Guardian
“A former soap opera star who admitted driving the getaway car in a gangland shooting has been cleared of murder, it can now be reported. Brian Regan, 53, who played Terry Sullivan in Channel 4’s Brookside, was found not guilty at Liverpool crown court of the killing of nightclub doorman Bahman Faraji, 44. Regan was convicted of perverting the course of justice by lying to police in the early stages of the murder investigation and disposing of a pair of gloves he had worn on the night of the killing. Regan, who was on bail for supplying cocaine when the murder took place in February 2011, was jailed on 25 January for four years 10 months. The facts of the case can be revealed after Mrs Justice Nicola Davies lifted reporting restrictions put in place to avoid prejudicing the trial of another defendant, Jason Gabbana.”
The Guardian, 22nd March 2012
Source: www.guardian.co.uk
You’re not drinking enough, financial adviser told her tearful client – Daily Telegraph
“A businesswoman sacked after a night entertaining clients ended in spectacular embarrassment has had her hopes of a compensation payout boosted by a tribunal ruling.”
Daily Telegraph, 22nd March 2012
Source: www.telegraph.co.uk
Older staff can be made redundant to avoid pension charges, judges rule – Daily Telegraph
“Older staff can be made redundant so their employers avoid significant pension payments, senior judges ruled yesterday.”
Daily Telegraph, 23rd March 2012
Source: www.telegraph.co.uk
Deferred prosecution agreement legislation to be introduced, Solicitor General says – OUT-LAW.com
“The Government will introduce new laws that enable businesses and prosecutors to negotiate the punishments those firms should face for unlawful activity before the end of this Parliament, a top legal advisor has said.”
OUT-LAW.com, 22nd March 2012
Source: www.out-law.com
Flood v Times Newspapers, Supreme Court allows “Reynolds” appeal – UK Human Rights Blog
“In a unanimous decision ([2012] UKSC 11) the Supreme Court allowed the appeal of Times Newspapers Limited against a decision of the Court of Appeal ([2010] EWCA Civ 804) which had held that it could not rely on Reynolds qualified privilege. The Supreme Court restored the decision of Mr Justice Tugendhat ([2009] EWHC 2375 (QB)) who had ruled, on the hearing of a preliminary issue, that the Times was entitled to rely on the defence of Reynolds qualified privilege in relation to the printed publication of the article about the claimant.”
UK Human Rights Blog, 22nd March 2012
Source: www.ukhumanrightsblog.com
Antoni Imiela : M25 rapist guilty of 1987 London rape – BBC News
“A convicted sex attacker has been found guilty of raping a woman in 1987 in south-east London.”
BBC News, 22nd March 2012
Source: www.bbc.co.uk
Library Closures and the Public Sector Equality Duty: Libraries – 11 KBW
“I [Elisabeth Laing QC] consider 6 topics in this paper
(1) the legislative framework
(2) the implied duty to assess need
(3) community groups
(4) Equality Impact Assessments (‘EIAs’) and libraries
(5) institutional arrangements
(6) the Localism Act 2011.”
Full story (PDF)
11 KBW, 22nd March 2012
Source: www.11kbw.com
Environmental and planning law newsletter – Thirty Nine Essex Street
Environmental and planning law newsletter (PDF)
Thirty Nine Essex Street, March 2012
Source: www.39essex.com
Going Over The Top – One Inner Temple Lane
“Vincent Kompany, Didier Drogba, Nenad Milijas are members of the growing club of players being sent off for serious foul play in the Premier League. Pundits and commentators seem to like nothing more at the moment than to pore over these decisions, happy to quote anyone that will talk about it with their view or opinion.”
Full story (PDF)
One Inner Temple Lane, 21st March 2012
Source: www.1itl.com
The Public Sector Equality Duty – 11 KBW
“Since the Coalition Government came into power, ‘doing more with less’ has become a typical catchphrase. Cutting public services, charging for services, or finding a more economically attractive way of delivering public services has been a requirement for most, if not all, public authorities.”
Full story (PDF)
11 KBW, 22nd March 2012
Source: www.11kbw.com
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Dudley Metropolitan Borough Council v Shurvinton & Ors [2012] EWCA Civ 346 (21 March 2012)
Phethean-Hubble v Coles [2012] EWCA Civ 349 (21 March 2012)
Sheridan & Ors v Basildon Borough Council [2012] EWCA Civ 335 (21 March 2012)
High Court (Chancery Division)
Source: www.bailii.org
Flood v Times Newspapers Ltd – WLR Daily
Flood v Times Newspapers Ltd [2012] UKSC 11; [2012] WLR (D) 93
“A publisher was protected from liability for defamation when it published an article containing allegations of corruption against a named police officer, even though the allegations were subsequently held to be unfounded, if it could be shown that the issues raised in the article were matters of public interest and that at the time of publication it appeared to the publishers that there was a strong circumstantial case for believing the allegations to be true.”
WLR Daily, 21st March 2012
Source: www.iclr.co.uk
Mohamed (Azza) v Secretary of State for the Home Department – WLR Daily
Mohamed (Azza) v Secretary of State for the Home Department [2012] EWCA Civ 331; [2012] WLR (D) 92
“The use of the superlative form in the phrase “the most exceptional compassionate circumstances” in paragraph 317(i)(e) of the Statement of Changes in Immigration Rules (1994) stressed how extreme such circumstances had to be in order for an applicant to be granted indefinite leave to enter or remain in the United Kingdom as the parent or grandparent aged under 65 of a person settled in the United Kingdom. The requirement was not met even where the financial dependency which qualified such a relative for entry was the factor which prevented his or her circumstances from being such exceptional circumstances.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
Kennedy v Charity Commission (Information Commissioner and another intervening) – WLR Daily
“The right to freedom of expression under article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was not engaged in a case in which the Charity Commission had refused to comply with a journalist’s request that he be supplied with certain information, by applying an absolute exemption which was said to derive from section 32(2) of the Freedom of Information Act 2000.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
Fortune and others v Wiltshire Council and another – WLR Daily
Fortune and others v Wiltshire Council and another [2012] EWCA Civ 334; [2012] WLR (D) 90
“Section 67(2)(b) of the Natural Environment and Rural Communities Act 2006, which provided that section 67(1), as to the ending of certain existing unrecorded public rights of way, did not apply where such a right of way was shown in a list of highways maintainable at public expense, as required to be kept by councils under section 36(6) of the Highways Act 1980, did not require that list to be fully complaint with section 36(6), rather the requirement was that such a list should exist.”
WLR Daily, 20th March 2012
Source: www.iclr.co.uk
Regina v Scottish and Southern Energy plc – WLR Daily
Regina v Scottish and Southern Energy plc [2012] EWCA Crim 539; [2012] WLR (D) 89
“It was possible to prosecute more than one person or entity for the same alleged offence of engaging in a misleading commercial practice contrary to regulation 9 of the Consumer Protection from Unfair Trading Regulations 2008.”
WLR Daily, 16th March 2012
Source: www.iclr.co.uk
Recent Statutory Instruments – legislation.gov.uk
The Sea Fishing (Licences and Notices) (England) Regulations 2012
The Welfare Reform Act 2012 (Commencement No. 1) Order 2012
The Capital Gains Tax (Annual Exempt Amount) Order 2012
The Value Added Tax (Increase of Registration Limits) Order 2012
The Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2012
The Landfill Tax (Amendment) Regulations 2012
Source: www.legislation.gov.uk
Independence Under Threat – Speech by Dame Heather Hallett DBE
Independence Under Threat (PDF)
Speech by Dame Heather Hallett DBE
Bentham Association Presidential Address, 21st March 2012
Source: www.judiciary.gov.uk
