“The Supreme Court decision refusing a dismissed employee compensation for the way he was sacked provides a further prompt to review the interaction of employment legislation with common law remedies, says Catriona Stirling.”
Full story (PDF)
Cloisters, February 2012
Source: www.cloisters.com
“This is the second of two papers summarising the impact of the draft ‘General Data Protection Regulation’ proposed by the European Commission on 25 January 2012, as a replacement for the existing Data Protection Directive 95/46/EC. It follows on from Timothy Pitt-Payne QC’s paper which introduced the proposed Regulation and summarised Chapters I-IV.”
Full story (PDF)
11 KBW, 22nd February 2012
Source: www.11kbw.com
“This paper focuses on the proposed General Data Protection Regulation (and in particular its first four chapters), explaining the background and context of the proposals, and some of their main implications for individuals, and for organisations in the private and public sector that handle personal data.”
Full story (PDF)
11 KBW, 22nd February 2012
Source: www.11kbw.com
Caterpillar Logistics Service (UK) Ltd v de Crean [2012] EWCA Civ 156; [2012] WLR (D) 40
“The court had power under section 37 of the Senior Courts Act 1981 to grant barring-out relief, but if it could ever be granted to an employer against an employee it could only be in the most exceptional circumstances.”
WLR Daily, 21st February 2012
Source: www.iclr.co.uk
Cameron v Boggiano and another [2012] EWCA Civ 157; [2012] WLR (D) 39
“A court was entitled to seek assistance on the construction of a plan and title documents by taking account of the topographical features at the relevant date, provided the documents were ambiguous.”
WLR Daily, 21st February 2012
Source: www.iclr.co.uk
“Gay couples will finally win the right to marry, Downing Street insisted last night, despite an escalating campaign of opposition led by a former Archbishop of Canterbury and some Conservative MPs.”
The Independent, 21st February 2012
Source: www.independent.co.uk
“‘The single biggest attack on access to justice since the legal aid system was introduced’. That’s the view of the Law Society on the government’s controversial proposals to reform the civil justice system in England and Wales. But the government argue that the legal aid system has become unaffordable and along with no win no fee has helped create a litigious society. They say the current system is a boon for lawyers, while draining resources from organisations like the NHS and leaving many small businesses in fear of legal action. The Government are planning to scrap legal aid in some areas and make fundamental changes to no-win no fee. The aim is to bring down costs and encourage alternatives to going to court. But the bill to introduce these changes has been having a rocky ride in Parliament and there is widespread opposition to the reforms. Advice centres, lawyers and even some from the government’s own benches say the changes will deny justice for vulnerable people, and will ultimately end up costing the government more money. In the first programme of a new series of Law in Action, Joshua Rozenberg examines the arguments and the likely impact of the contentious changes.”
BBC Law in Action, 21st February 2012
Source: www.bbc.co.uk
“This judgment, the latest in an expanding list of decisions on challenges to the Coalition government’s spending cuts, is an interesting example of judicial restraint and deference to the government on issues of macro-policy, at a time when the extent of judicial intervention into political decision-making is the subject of much debate in the legal profession and academia, thanks to Lord Sumption’s FA Mann Lecture on the subject late last year and its recent rebuttal by Sir Stephen Sedley.”
UK Human Rights Blog, 22nd February 2012
Source: www.ukhumanrightsblog.com
“Cherie Blair, the wife of the former prime minister, is suing News International and private investigator Glenn Mulcaire over the alleged hacking of her phone by the News of the World.”
The Guardian, 22nd February 2012
Source: www.guardian.co.uk
“The High Court has ruled that legal claims can be served through Facebook after uncertainty was expressed about the postal address of one of defendants, according to a newspaper report.”
OUT-LAW.com, 22nd February 2012
Source: www.out-law.com
“The detention of victims of torture and trafficking by the UK Border Agency pending their ‘fast-track’ deportation from Britain has been strongly criticised by the UN.”
The Guardian, 23rd February 2012
Source: www.guardian.co.uk
“The Government has asked the Supreme Court to rule on whether it acted lawfully when it announced plans to scale back its subsidy plans for solar projects in December.”
OUT-LAW.com, 22nd February 2012
Source: www.out-law.com
“This was the first occasion when the Court of Appeal has considered the problem of child trafficking for labour exploitation. It has not previously been subject to any close analysis following the coming into force in 2005 of the European Convention on Action against Trafficking in Human Beings.”
UK Human Rights Blog, 22nd February 2012
Source: www.ukhumanrightsblog.com
“The Attorney General’s Office is reviewing the sentences of two child rapists who were jailed for just 40 months for attacking an 11-year-old girl.”
The Independent, 22nd February 2012
Source: www.independent.co.uk
The Double Taxation Relief (Bank Levy) (Federal Republic of Germany) Order 2012
The Bank Levy (Double Taxation Arrangements) (Federal Republic of Germany) Regulations 2012
The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2012
The Bank Levy (Double Taxation Relief) Regulations 2012
Source: www.legislation.gov.uk
“An Australian man has been ordered to transfer his ownership of the richardbranson.xxx domain name to UK entrepreneur Richard Branson.”
OUT-LAW.com, 22nd February 2012
Source: www.out-law.com
“A former nightclub bouncer has been convicted of murdering a heavily pregnant teenager two weeks before she was due to give birth.”
BBC News, 22nd February 2012
Source: www.bbc.co.uk
“Anti-capitalist protesters camping outside St Paul’s Cathedral were today refused permission by the Court of Appeal to challenge orders evicting them.”
The Independent, 22nd February 2012
Source: www.independent.co.uk
Regina v N(A); Regina v Le [2012] EWCA Crim 189; [2012] WLR (D) 38
“The implementation of the United Kingdom’s obligation to comply with article 26 of the Council of Europe Convention on Action Against Trafficking in Human Beings 2005 would normally be achieved by the proper exercise of the long established prosecutorial discretion which enabled the Crown Prosecution Service, however strong the evidence might be, to decide that it would be inappropriate to proceed with the prosecution of a defendant suspected of being involved in unlawful activities if he/she might have been the victim of trafficking for labour exploitation and might be unable to advance duress as a defence but who fell within the protective ambit of article 26.”
WLR Daily, 20th February 2012
Source: www.iclr.co.uk
Torfaen County Borough Council v Douglas Willis Ltd [2012] EWHC 296 (Admin); [2012] WLR (D) 37
“In order to found a conviction for an offence under regulation 44(1)(d) of the Food Labelling Regulations 1996, a prosecuting authority was required to prove, to the criminal standard: (i) that the food, at the point that it was ready for delivery to the ultimate consumer or caterer, was ‘highly perishable’ and so required then and thereafter to be labelled with a ‘use by’ date; (ii) that the defendant was, at the time of the alleged offence, selling the food within the extended definition contained within regulation 2; and (iii) that, at the time of the alleged offence, the date on the ‘use by’ label had passed. The subsequent freezing of food requiring and given a ‘use by’ label would not cause that label to cease to have effect.”
WLR Daily, 20th February 2012
Source: www.iclr.co.uk
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