Current Awareness

“Where a child was conceived by a mother and a father by virtue of an agreement between them that the child would live with and be brought up in the care of the mother and her female partner as the primary care givers of the child, there could be no general rule in family proceedings that the biological father was to be regarded only as a ‘secondary’ parent or to have a limited relationship with the child. Each case was fact specific and the welfare of the child was paramount.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

AB and others v Ministry of Defence – WLR Daily

Posted March 16th, 2012 in armed forces, law reports, limitations, nuclear weapons, personal injuries by sally

AB and others v Ministry of Defence: [2012] UKSC 9; [2012] WLR (D) 79

“Reasonable belief that a claimant’s injury was attributable to an act or omission of the defendant was sufficient to satisfy the requirement of knowledge in sections 11 and 14 of the Limitation Act 1980 for the purpose of determining whether his claim was time-barred.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

In re S (A Child) (Abduction: Custody Appeal) – WLR Daily

Posted March 16th, 2012 in child abduction, law reports, mental health by sally

In re S (A Child) (Abduction: Custody Appeal): [2012] UKSC 10; [2012] WLR (D) 78

“A child should not be returned to his country of habitual residence if the court considered that his mother who had to accompany him would on return suffer such anxieties that their effect on her mental health would create an intolerable situation for the child. It did not matter whether the mother’s anxieties were reasonable or not.”

WLR Daily, 14th March 2012

Source: www.iclr.co.uk

RB (Somalia) v Secretary of State for the Home Department – WLR Daily

Posted March 16th, 2012 in asylum, evidence, expert witnesses, law reports by sally

RB (Somalia) v Secretary of State for the Home Department: [2012] EWCA Civ 277; [2012] WLR (D) 77

“Analysis of an asylum seeker’s speech carried out by a private Swedish company was admissible in asylum proceedings although the analysts were allowed to remain anonymous and the presentation of the evidence did not comply in a number of respects with practice directions for the immigration and asylum chambers of the First-tier and Upper Tribunals. The Upper Tribunal had a broad discretion with regard to the control of the evidence before it and had, within its case management powers, the power to waive non-compliance with a practice direction or a rule. Its obligation was to ensure that any expert report represented a genuine, objective view by those qualified to express it with sufficient reasoning and clarity to enable it to be challenged and assessed.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Regina v A (RJ) – WLR Daily

Posted March 16th, 2012 in abuse of process, Crown Prosecution Service, law reports, prosecutions by sally

Regina v A (RJ): [2012] EWCA Crim 434; [2012] WLR (D) 76

“A prosecution which did not constitute an abuse of process at the date of conviction could not acquire that characteristic on the basis of new or amended prosecutorial guidance or policy subsequently issued.”

WLR Daily, 13th March 2012

Source: www.iclr.co.uk

Changes to the Immigration Rules – UK Border Agency

Posted March 16th, 2012 in immigration, press releases, regulations by sally

“Today, Thursday 15 March 2012, a written ministerial statement has been laid in Parliament outlining a number of changes to the Immigration Rules. Most of the changes will come into effect on 6 April 2012. Some of the changes to Tier 2 will affect those who were granted leave after 6 April 2011.”

Full press release

UK Border Agency, 15th March 2012

Source: www.ukba.homeoffice.gov.uk

‘Challenge it, report it, stop it’ – a plan to tackle hate crime – Home Office

Posted March 16th, 2012 in hate crime, inciting hatred on grounds of sexual orientation, inciting racial hatred, inciting religious hatred, press releases by sally

“A government plan to tackle hate crime is launched today with the key message to ‘challenge it, report it, stop it’. Equalities Minister Lynne Featherstone unveiled the plan as she addressed a hate crime conference organised by the association of chief police officers (ACPO) in Birmingham.”

Full press release

Home Office, 14th March 2012

Source: www.homeoffice.gov.uk

BSB acts to resolve effect of past reappointment procedures of Council of the Inns of Court panel members – Bar Standards Board

Posted March 16th, 2012 in inns of court, press releases, tribunals by sally

“The Bar Standards Board today confirmed the timetable for assessing the impact of past reappointment procedures for Council of the Inns of Court tribunal members.”

Full press release

Bar Standards Board, 15th March 2012

Source: www.barstandardsboard.org.uk

Landmark move towards same-sex marriage a step closer – Home Office

Posted March 16th, 2012 in consultations, homosexuality, marriage by sally

“Same-sex couples have moved a step closer to the right to marry in a civil ceremony. The Home Office today launched a consultation on how to allow everyone to have a civil marriage.”

Full consultation paper

Home Office, 15th March 2012

Source: www.homeoffice.gov.uk

Wind and peat: another step along the reasons trail – UK Human Rights Blog

Posted March 16th, 2012 in environmental protection, inquiries, news, planning, reasons by sally

“Welsh Ministers v. RWE Npower Renewables Ltd [2012] EWCA Civ 311, reversing RWE Npower Renewables v. Welsh Ministers & Swansea Council [2011] EWHC 1778 (Admin). In my previous post on this case, I summarised the judge’s findings as to why this Planning Inspector had gone wrong at the wind farm inquiry. The Inspector turned down the appeal because the positioning of individual turbines might lead to damage to deep deposits of peat found on this site. The judge, Beatson J, thought the inspector had not explained his reasons for his conclusions in sufficiently clear a form. Nor did the Inspector give the wind farm developer an opportunity to deal with his concerns. So said the judge. But the Court of Appeal disagreed – showing how it is not easy to ‘call’ the merits of these reasons challenges.”

Full story

UK Human Rights Blog, 15th March 2012

www.ukhumanrightsblog.com

GP’s rights not violated by suspension from performers list – UK Human Rights Blog

Posted March 16th, 2012 in doctors, human rights, news by sally

“The European Court of Human Rights held that the suspension of a GP from the Primary Care Trust (PCT) Performers List did not violate his right to peaceful enjoyment of possessions under Article 1 Protocol 1 (A1P1) of the European Convention on Human Rights. The Court declined to decide whether there was a possession that could be interfered with in this case, but held that suspension did not affect Dr Malik.”

Full story

UK Human Rights Blog, 15th March 2012

Source: www.ukhumanrightsblog.com

Research evaluates expert witnesses and quality of court reports in the family courts – Family Law Week

Posted March 16th, 2012 in expert witnesses, family courts, news by sally

“The quality of psychological experts and their reports, presented at family court proceedings in the UK, show some inconsistencies according to new research carried out by the University of Central Lancashire (UCLan).”

Full story

Family Law Week, 14th March 2012

Source: www.familylawweek.co.uk

ICO fines police force after rape victim details found on street – OUT-LAW.com

Posted March 16th, 2012 in data protection, fines, news, rape, victims by sally

“Lancashire Constabulary has become the first UK police force to be fined by the UK data protection watchdog after it lost a document containing information about a 15 year old girl who had been raped.”

Full story

OUT-LAW.com, 15th March 2012

Source: www.out-law.com

Network Rail fined £1m over girls’ level crossing deaths – BBC News

Posted March 16th, 2012 in fines, health & safety, news, railways by sally

“Network Rail has been fined £1m after admitting health and safety breaches over the deaths of two girls at an Essex level crossing. Friends Olivia Bazlinton, 14, and Charlotte Thompson, 13, were hit by a train in December 2005 as they crossed the railway line at Elsenham station and died instantly.”

Full story

BBC News, 15th March 2012

Source: www.bbc.co.uk

Charlotte Church can pursue libel case after Mirror Group loses court bid – The Guardian

Posted March 16th, 2012 in defamation, media, news by sally

“Charlotte Church’s libel action in relation to a story in the People that she drunkenly proposed to her boyfriend can be heard after Mirror Group Newspapers failed in a high court application to get her case struck out.”

Full story

The Guardian, 15th March 2012

Soruce: www.guardian.co.uk

This judgment in favour of kettling is a missed opportunity – The Guardian

Posted March 16th, 2012 in demonstrations, human rights, news, police, public order, restraint by sally

“The European court of human rights had a chance to strengthen the right to protest. Instead, it set a dangerous precedent.”

Full story

The Guardian, 15th March 2012

Source: www.guardian.co.uk

Liam Fox ordered to pay back £3,000 for allowing Adam Werrity to stay rat taxpayer-funded home rent free – Daily Telegraph

Posted March 16th, 2012 in expenses, news, parliament by sally

“Dr Liam Fox, the former defence secretary, has been ordered to repay £3,000 in parliamentary expenses for allowing his unofficial adviser to use his taxpayer-funded second home rent-free.”

Full story

Daily Telegraph, 15th March 2012

Source: www.telegraph.co.uk

Violeta Aylward struck off for switching off ventilator – BBC News

Posted March 16th, 2012 in disciplinary procedures, news, nurses, professional conduct by sally

“A nurse who was filmed accidentally switching off the ventilator of a paralysed man has been struck off.”

Full story

BBC News, 15th March 2012

Source: www.bbc.co.uk

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