Canwell Estate Co Ltd v Smith Brothers Farms Ltd – WLR Daily

Posted March 6th, 2012 in appeals, law reports, rent, restrictive covenants by sally

Canwell Estate Co Ltd v Smith Brothers Farms Ltd [2012] EWCA Civ 237; [2012] WLR (D) 59

“The prohibition introduced by the Rentcharges Act 1977 against creation of new rentcharges by a rent owner against a landowner did not apply to the creation of a rentcharge incorporated in a transfer made in 1990 the amount of which was calculated annually as a fixed proportion of the claimant’s costs, expenses and outgoings incurred in fulfilling its obligations under a covenant to cleanse, repair, maintain and as often as might be reasonably necessary renew, inter alia, all the roads on an estate, even though part of such service extended to land which was not owned by the party liable to pay the charge and to roads over which he had no right of way.”

WLR Daily, 2nd March 2012

Source: www.iclr.co.uk

O’Brien v Ministry of Justice – WLR Daily

Posted March 6th, 2012 in contract of employment, EC law, employment, judiciary, law reports, part-time work, pensions by sally

O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58

“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”

WLR Daily, 1st March 2012

Source: www.iclr.co.uk

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others – WLR Daily

Posted March 6th, 2012 in copyright, database right, EC law, law reports by sally

Football Dataco Ltd and Others v Yahoo! UK Ltd and Others (Case C-604/10); [2012] WLR (D) 57

“A ‘database’ within the meaning of article 1(2) of Directive 96/9/EC was protected by the copyright laid down by article 3(1) of the Directive provided that the selection or arrangement of the data which it contained amounted to an original expression of the creative freedom of its author, which was a matter for the national court to determine.”

WLR Daily, 1st March 2012

Source: www.iclr.co.uk

Regina v B – WLR Daily

Posted March 6th, 2012 in appeals, crime, DNA, evidence, law reports, retrials by sally

Regina v B [2012] WLR (D) 56

“For the purposes of quashing an acquittal on the ground that there was new evidence not adduced before the court in the proceedings in which the person was acquitted, evidence which had been available to be used in those proceedings but had not been used might be new evidence for those purposes.”

WLR Daily, 29th February 2012

Source: www.iclr.co.uk

Best Interest decision-making in the Court of Protection – No. 5 Chambers

Posted March 6th, 2012 in Court of Protection, mental health, news by sally

“Decision making in the Court of Protection on behalf of persons who lacks capacity is a familiar role for the court. The High Court has exercised its parens patriae jurisdiction in order to take decisions on behalf of vulnerable individuals for over 700 years. This jurisdiction was originally part of the Royal Prerogative, deriving from power and duty, based upon the Monarch’s conscience, to intervene in order to protect the best interests of his subjects in circumstances where those individuals could not make decisions for themselves.”

Full story (PDF)

No. 5 Chambers, 1st March 2012

Source: www.no5.com

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted March 6th, 2012 in damages, indexation, news, personal injuries by sally

“Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out on numerous heads of damage. Further cases have followed after the issue of indexation was decided. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.”

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Byrom Street Chambers, 23rd February 2012

Source: www.byromstreet.com

Pursue masked protesters more vigorously, CPS says – The Guardian

Posted March 6th, 2012 in criminal damage, demonstrations, freedom of expression, news, violent disorder, weapons by sally

“People who mask their faces to conceal their identity or carry anything that could be used as a weapon during protests should be pursued more vigorously by the law in the event of disorder, according to fresh guidance from the Crown Prosecution Service.”

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The Guardian, 6th March 2012

Source: www.guardian.co.uk

New report published on age and employment – Cloisters

Posted March 6th, 2012 in age discrimination, EC law, employment, news, reports by sally

“A new thematic report from the European Network of Legal Experts in the non-discrimination field, titled ‘Age and Employment’ is now available.”

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Cloisters, 22nd February 2012

Source: www.cloisters.com

How video hearings are speeding up court cases – Ministry of Justice

Posted March 6th, 2012 in courts, criminal procedure, live link evidence, news, pilot schemes by sally

“Video hearings are being extended in a number of courts across the country as part of an initiative involving police and courts staff working together. Assistant Chief Constable Ruth Purdie from Cheshire Police explains the benefits of these new ‘virtual courts’ for the justice system.”

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Ministry of Justice, 27th February 2012

Source: www.justice.gov.uk

Legal aid bill defeated in Lords – The Guardian

Posted March 6th, 2012 in bills, domestic violence, legal aid, news, parliament by sally

“Government attempts to save £350m by limiting the availability of legal aid have suffered a succession of defeats in the House of Lords.”

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The Guardian, 5th March 2012

Source: www.guardian.co.uk

Article 1 of Protocol 1 of the European Convention on Human Rights: Taxation – 11 KBW

Posted March 6th, 2012 in human rights, news, taxation by sally

“Article 1 of Protocol 1 (A1P1) of the European Convention on Human Rights (‘the Convention’) states that:

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.”

Full story (PDF)

11 KBW, 2nd March 2012

Source: www.11kbw.com

Allocation, offences taken into consideration and totality definitive guideline – Sentencing Council

Posted March 6th, 2012 in consultations, news, sentencing by sally

“Following a 12 week consultation the Sentencing Council is publishing its new definitive guideline on allocation, offences taken into consideration and totality, which has been issued in accordance with section 120 (4) of the Coroners and Justice Act 2009.”

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Sentencing Council, 6th March 2012

Source: http://sentencingcouncil.judiciary.gov.uk

How to avoid cross examinations – The Guardian

Posted March 6th, 2012 in examinations, legal education, news by sally

“Alex Aldridge offers some tips for law students sitting their oral and written exams.”

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The Guardian, 5th March 2012

Source: www.guardian.co.uk

Policing and Justice Conference 2012 – Ministry of Justice

Posted March 6th, 2012 in criminal justice, news, police, speeches by sally

“Crispin Blunt speaks at the Policing and Justice Conference 2012.”

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Ministry of Justice, 22nd March 2012

Source: www.justice.gov.uk

UK bill of rights commission should open up – The Guardian

Posted March 6th, 2012 in constitutional reform, human rights, news by sally

“Things have been quiet recently on the commission on a bill of rights front, with media attention focused on the upcoming Brighton conference on European court of human rights reform and the growing controversy over the justice and security green paper. But this important commission only has 10 months left to publish its report, and it should be courting public attention, not avoiding it.”

Full story

The Guardian, 5th March 2012

Source: www.guardian.co.uk

Dolan v Corby: Opening the Door to Confusion in the Test for Occupation Orders? – Family Law Week

Posted March 6th, 2012 in appeals, housing, news by sally

“Eleanor Fletcher and Juliet Chapman, barristers, of Lamb Building explore how far the Court of Appeal’s latest guidance for granting exclusionary occupation orders is consistent with its previous dicta.”

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Family Law Week, 5th March 2012

Source: www.familylawweek.co.uk

Barrister Connect goes live – Bar Standards Board

Posted March 6th, 2012 in barristers, news by sally

“We [Bar Standards Board], along with the Bar Council, have today launched Barrister Connect, a new system to enable barristers to renew their practising certificates online.”

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Bar Standards Board, 5th March 2012

Source: www.barstandardsboard.org.uk

National roll-out of ‘Clare’s Law’ disclosure scheme delayed – The Guardian

Posted March 6th, 2012 in domestic violence, news, pilot schemes by sally

“The home secretary, Theresa May, has delayed the national roll-out of ‘Clare’s Law’, a scheme under which people would be able to ask the police if their partners have a history of domestic violence.”

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The Guardian, 5th March 2012

Source: www.guardian.co.uk

Can UK courts pass judgment on due process in other Convention countries? – UK Human Rights Blog

Posted March 6th, 2012 in default judgments, EC law, news, setting aside, treaties by sally

“The Court of Appeal has ruled that domestic courts may refuse to recognise a judgment of another Convention country on the basis that it failed to respect the fair trial principles in Article 6.”

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UK Human Rights Blog, 5th March 2012

Source: www.ukhumanrightsblog.com

Sex offenders can be removed from register – The Independent

Posted March 6th, 2012 in criminal records, human rights, news, sexual offences by sally

“Paedophiles and rapists will be eligible to have their names removed from the sex offenders’ register after 15 years under plans announced yesterday by the Home Office.”

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The Independent, 6th March 2012

Source: www.independent.co.uk