Maths teacher made Nazi taunts to German neighbours – BBC News
“A maths teacher has been found guilty of harassing his German neighbours by playing wartime classics and performing a Nazi salute.”
BBC News, 19th March 2012
Source: www.bbc.co.uk
Ministry of Justice making no progress in collecting fines – The Guardian
“About £2bn is due to the Ministry of Justice in uncollected confiscation orders and fines, said a report published on Tuesday.”
The Guardian, 20th March 2012
Source: www.guardian.co.uk
The game changed back: Barr v. Biffa reversed – UK Human Rights Blog
“For the last year or so, the law of nuisance has been in a state of flux pending this appeal. In this case about an odorous landfill, Coulson J had ruled that compliance with the waste permit amounted to a defence to a claim in nuisance, and that a claimant had to prove negligence in the operation of the landfill before he could claim in nuisance. The Court of Appeal has today reversed this decision.”
UK Human Rights Blog, 19th March 2012
Source: www.ukhumanrightsblog.com
Private court interpretation company ‘should face contempt proceedings’ – The Guardian
“The attorney general has been urged to bring contempt of court proceedings against the private contractor awarded a monopoly to provide interpreters to all courts in England and Wales.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
Five Criminal cases you need to know from February – One Inner Temple Lane
Five Criminal cases you need to know from February
One Inner Temple Lane, 19th March 2012
Source: www.1itl.com
Recent Statutory Instruments – legislation.gov.uk
The Criminal Justice Act 2003 (Commencement No. 27) Order 2012
The Ministry of Defence Police (Performance) Regulations 2012
The Smoke Control Areas (Authorised Fuels) (England) Regulations 2012
The Smoke Control Areas (Exempted Fireplaces) (England) Order 2012
The Income Tax (Construction Industry Scheme) (Amendment) Regulations 2012
The Social Security (Contributions) (Amendment No. 3) Regulations 2012
The Income Tax (Pay As You Earn) (Amendment) Regulations 2012
The Licensing Act 2003 (Diamond Jubilee Licensing Hours) Order 2012
The Guardian’s Allowance Up-rating Order 2012
The Guardian’s Allowance Up-rating (Northern Ireland) Order 2012
The Immigration and Nationality (Cost Recovery Fees) Regulations 2012
Source: www.legislation.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
R. v SVS Solicitors [2012] EWCA Crim 319 (15 February 2012)
A v B & Anor [2012] EWCA Civ 285 (14 March 2012)
Court of Appeal (Civil Division)
Maqsood v Mahmood & Anor [2012] EWCA Civ 251 (13 March 2012)
JD (Congo) & Ors v Secretary of State for the Home Department [2012] EWCA Civ 327 (16 March 2012)
Barr & Ors v Biffa Waste Services Ltd [2012] EWCA Civ 312 (19 March 2012)
High Court (Queen’s Bench Division)
Travelers Insurance Company Ltd & Anor v Advani [2012] EWHC 623 (QB) (16 March 2012)
High Court (Chancery Division)
Coleridge v Sotheby’s [2012] EWHC 370 (Ch) (01 March 2012)
High Court (Administrative Court)
High Court (Technology and Construction Court)
Phaestos Ltd & Anor v Ho [2012] EWHC 635 (TCC) (05 March 2012)
High Court (Commercial Court)
Standard Bank Plc v Via Mat International Ltd & Anor [2012] EWHC 574 (Comm) (16 March 2012)
High Court (Patents Court)
Merck Sharp Dohme Corp & Anor v Teva Pharma BV & Anor [2012] EWHC 627 (Pat) (15 March 2012)
Source: www.bailii.org
Recent Developments in Freedom of Information: From Royal Oysters to Squatters’ Road-Maps and Beyond – 11 KBW
“The body of jurisprudence relating to freedom of information has continued to develop apace over the last year. The exponential growth in appeals being heard by both the first-tier and upper tribunals has meant that practitioners are having to work ever harder to keep abreast of changes to both the substantive law and practice and procedure.1 Rather than attempt a comprehensive review, this paper aims merely to address some of the more important developments in this area over the past year.”
Full story (PDF)
11 KBW, 16th March 2012
Source: www.11kbw.com
The FSA’s Investigations and Enforcement Regime Challenge in the Tribunal – Thirty Nine Essex Street
“The Tribunal’s function under the Financial Services and Markets Act 2000 is to:
‘determine what (if any) is the appropriate action for the decision-maker [i.e. the Financial services Authority] to take in relation to the matter referred … to it’ (section 133(5)).”
Full story (PDF)
Thirty Nine Essex Street, 21st February 2012
Source: www.39essex.com
Freedom of Information and the Seven Year Itch – 11 KBW
“The Freedom of Information Act 2000 (FOIA) came fully into force on 1st January 2005. Since then there has been a right of access to information, on request, exercisable against a wide range of public authorities. So we have a little over 7 years’ experience of a fully functioning FOIA regime.”
Full story (PDF)
11 KBW, 16th March 2012
Source: www.11kbw.com
Employment: ECJ Considers Definition of “Workers” – Hardwicke Chambers
“Morayo Fagborun Bennett says the European Court of Justice’s (ECJ) decision in O’Brien v Ministry of Justice ‘sweeps away’ many of the Ministry of Justice’s (MoJ) justifications for distinguishing between part-time and full-time judges. ‘The MoJ is going to have to think hard how it handles the case when it comes back to the Supreme Court,’ she says. ‘It doesn’t lend itself to any easy settlement and there are thousands eagerly awaiting the outcome.'”
Hardwick Chambers, 14th March 2012
Source: www.hardwicke.co.uk
Three Articles on Academies – 11 KBW
Academies – Land Transfers (PDF)
The Staffing, SEN and Admissions Issues for Local Authorities of Academy Creation (PDF)
The Process for Opening a Free School (PDF)
11 KBW, 13th March 2012
Source: www.11kbw.com
The Atomic Veterans Litigation – 4 New Square
“The Supreme Court handed down judgment in the Atomic Veterans Litigation (AVL) on 14 March 2012. The appeal is the first time the highest court has considered the law of limitation in group actions. The decision as to the correct approach to knowledge for the purpose of s.14(1) Limitation Act 1980 is relevant not only to personal injury claims but also to actions in respect of defective products (ss. 11A(4)(b) and 5(b)) and negligence actions not involving personal injury (s.14A). The decision is also relevant to the law of causation in tort and the extent to which claims may be proved by merely showing a material increase in the risk of harm.”
Full story (PDF)
4 New Square, 14th March 2012
Source: www.4newsquare.com
Regina v Feeley – WLR Daily
Regina v Feeley [2012] WLR (D) 83
“Where a defendant was being retried, following a successful appeal against conviction, there was no reason in principle why additional counts should not be added to the indictment.”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk
Regina v Chinn – WLR Daily
Regina v Chinn [2012] EWCA 501; [2012] WLR (D) 82
“Where a witness’s oral evidence in chief indicated that he had earlier made a witness statement and to the best of his belief he had made the statement concerned and that the statement stated the truth, and the statement identified or described a person, object or place connected with an alleged offence or other relevant event, those parts of the witness statement would be admissible under section 120(5) of the Criminal Justice Act 2003. However, other parts of the witness statement, which went beyond identification or description of the person object or place, would not be admissible under section 120(4) and (5).”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk
Società Consortile Fonografici (SCF) v Del Corso (Procuratore generale della Repubblica intervening) – WLR Daily
“‘Communication to the public’ for the purposes of article 8(2) of Directive 92/100/EEC did not cover the broadcasting, free of charge, of phonograms within private dental practices engaged in professional economic activity for the benefit of patients of those practices and enjoyed by them without any active choice on their part. Therefore such an act of transmission did not entitle the phonogram producers to the payment of remuneration.”
WLR Daily, 15th March 2012
Source: www.iclr.co.uk
Government presses ahead with plans for single competition authority – OUT-LAW.com
“The Government is to press ahead with its plans to merge the competition functions of the Office of Fair Trading (OFT) with those of the Competition Commission (CC).”
OUT-LAW.com, 16th March 2012
Source: www.out-law.com
Student arrested for filming buildings wins police payout – The Guardian
“An Italian student has won an out-of-court settlement with police after she was stopped under anti-terrorist legislation while filming buildings in London, and later arrested, held in a cell for five hours and then fined.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
Vos J threatens phone-hacking firms with group litigation order as costs spiral – The Lawyer
“High Court judge Mr Justice Vos has ordered firms involved in the wave of phone-hacking cases to find a more efficient method of working or risk their clients being forced into a group litigation order [GLO] represented by a single firm.”
The Lawyer, 19th March 2012
Source: www.thelawyer.com
