Girl injured by speeding driver awarded £5m – BBC News
“A six-year-old West Midland girl who suffered severe brain damage in a car crash involving a speeding driver has been awarded £5m compensation.”
BBC News, 23rd February 2012
Source: www.bbc.co.uk
MoJ ditches new court interpreting system in face of major backlash – The Lawyer
“The Ministry of Justice (MoJ) has decided to allow courts to revert to the old system of selecting interpreters from the National Register of Public Service Interpreters (NRPSI) in order to avoid further hearings being adjourned as a result of interpreters from a new agency failing to turn up to court.”
The Lawyer, 23rd February 2012
Source: www.thelawyer.com
BAILII: Recent Decisions
Supreme Court
Peacock, Re [2012] UKSC 3 (22 February 2012)
Court of Appeal (Criminal Division)
Gul, R v [2012] EWCA Crim 280 (22 February 2012)
Dowds v R [2012] EWCA Crim 281 (22 February 2012)
Court of Appeal (Civil Division)
High Court (Queen’s Bench Division)
D v The Commissioner of Police of the Metropolis [2012] EWHC 309 (QB) (22 February 2012)
Barber & Ors v Rasco International Ltd & Anor [2012] EWHC 269 (QB) (02 February 2012)
Source: www.bailii.org
Uncommon Remedies – Cloisters
“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
Data Protection for the 21st Century: The EU Reform Proposals – 11 KBW
“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
Data Protection: The EU Reform Proposals – 11 KBW
“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 – WLR Daily
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 – WLR Daily
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
No 10 sides with gay couples over full marriage – The Independent
“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
Legal aid changes: long overdue reform or denial of justice? – BBC Law in Action
“‘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
Poor not singled out by rise in university fees, rules court – UK Human Rights Blog
“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
Phone hacking: Cherie Blair to sue News International – The Guardian
“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
Firm entitled to serve legal documents via Facebook, High Court rules – OUT-LAW.com
“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
UK detention of torture victims ‘inhumane’ – The Guardian
“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
Government asks Supreme Court for permission to appeal FiTs rulings – OUT-LAW.com
“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
Crimes committed by victims of human trafficking – should they be prosecuted? – UK Human Rights Blog
“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
Child rapists’ sentences reviewed – The Independent
“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
Recent Statutory Instruments – legislation.gov.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
Branson wins right to own porn web address featuring his name – OUT-LAW.com
“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