Man fined £315 for naked ramble – The Independent
“A man who rambled through a popular beauty spot naked except for a backpack, boots and a baseball cap has been fined £315.”
The Independent, 15th February 2012
Source: www.independent.co.uk
The Public Sector Equality Duty – what does it mean and how does it work? – No. 5 Chambers
“This paper deals with the present state of the law concerning the Public Sector Quality Duty (‘the PSED’) and how public bodies are required to act in order to comply with the duty.”
No. 5 Chambers, 6th February 2012
Source: www.no5.com
Back to Basics: A Practical Guide to Adjudication and Enforcement – Hardwicke Chambers
“If you are a party to a construction contract and are trying to find a fast and efficient way to resolve a dispute arising out of the contract, you may be able to take advantage of the adjudication procedure set out in the Housing, Grants, Construction and Regeneration Act 1996 and the Statutory Scheme for Construction Contracts Regulations 1998. Catherine Piercy has written an article to assist in determining whether your contract falls within the statutory scheme. Once you have decided that you have a construction contract which falls within the HGCRA and is subject to the Statutory Scheme, this article provides a step by step guide to the adjudication and the adjudication process.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
Glenn Mulcaire granted evidence appeal – BBC News
“The Supreme Court has ruled it will decide whether private investigator Glenn Mulcaire must reveal which journalists asked him to hack phones.”
BBC News, 15th February 2012
Source: www.bbc.co.uk
It’s LDEDCA, Not HGCRA, Obviously! – Hardwicke Chambers
“Adjudication is an increasingly used form of dispute resolution within the construction industry. It involves an independent, third party, considering the factual and legal arguments put forward by each party to a construction contract in order to resolve a dispute that has arisen under the contract.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
High Street Gloom, Adjudication Boom – Hardwicke Chambers
“Forum shopping is an ill against which the courts are always vigilant to guard. Adjudication is a process that, naturally, is vulnerable to forum shopping because the parties have control over the selection of the tribunal that is to decide the dispute, which is unlike anything that would occur in the ordinary run of litigation.”
Hardwicke Chambers, 10th February 2012
Source: www.hardwicke.co.uk
The Localism Act and Non-domestic Rating – No. 5 Chambers
“The entirety of Part 4 of the Localism Act is devoted to non-domestic rating but the changes introduced seem to have a much lower profile than some of the other ‘Localism’ provisions. Whilst there are some small but important changes, the rating reforms introduced could by no means be described as radical. Importantly,
contrary to what some may have expected, the Act does not include any provisions designed to defeat the now well known schemes that are being used to avoid liability for the 100% unoccupied property rate. It is nevertheless necessary for local authorities, ratepayers and advisers to be aware of the changes that have been made. So, what does the Act do?”
Full story (PDF)
No. 5 Chambers, 8th February 2012
Source: www.no5.com
The Prosperous UK Emigrant: how clear are the residence/non-residence rules now? – New Square Chambers
“In advising the emigrant, the emphasis should be on his actual and substantive acts and way of
life. Too often, the issues addressed, in considering the conditions or circumstances required for residence in the United Kingdom, or the loss of it, and non residence, are tied to patent technicalities (i.e. whether the emigrant maintains subscription to a club or counts the days of absence to a threshold number(i.e. 90 days p.a.). What, in fact, really matters is the substance and pattern of life. In this assessment, the approach of the Court, in cases past to the most recent is the best guide. In this lecture I look at that and tie it to the government’s proposals for reform and the imposition of a statutory test or tests for determining residence, by individuals, or their non-residence in the United Kingdom.”
Full story (PDF)
New Square Chambers, February 2012
Source: www.newsquarechambers.co.uk
Costs, Expenses and Provable Debts – Hardwicke Chambers
“October last year saw the decision of the Court of Appeal in litigation arising from the administrations of Nortel and Lehman Brothers (Re Nortel GMBH [2011] EWCA Civ 1124). The case concerned the treatment of contribution notices from the Pensions Regulator by the administrators. However, for those who ventured beyond mention of the Pensions Regulator, the decision contains a useful review of the law pertaining to whether liabilities fall as provable debts or expenses of the insolvency process.”
Hardwicke Chambers, 8th February 2012
Source: www.hardwicke.co.uk
Drug mule jailed for double murder – The Guardian
“A former cage fighter has been jailed for life for killing two gangland enforcers linked to an IRA drugs ring.”
The Guardian, 14th February 2012
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Brook, R. v [2012] EWCA Crim 136 (14 February 2012)
Hussain v R. [2012] EWCA Crim 188 (14 February 2012)
Court of Appeal (Civil Division)
Burke v The College of Law & Anor [2012] EWCA Civ 87 (14 February 2012)
High Court (Queen’s Bench Division)
Towry EJ Ltd v Bennett & Ors [2012] EWHC 224 (QB) (14 February 2012)
High Court (Chancery Division)
High Court (Administrative Court)
A v Secretary of State for the Home Department [2012] EWHC 117 (Admin) (08 February 2012)
High Court (Commercial Court)
Eitzen Bulk A/S v TTMI Sarl [2012] EWHC 202 (Comm) (14 February 2012)
High Court (Patents Court)
Source: www.bailii.org
Supreme Court rules BBC need not reveal internal Israel-Palestine coverage report – UK Human Rights Blog
“The Supreme Court has ruled unanimously that an internal BBC report into its coverage of the Israeli Palestinian conflict was ‘information held for purposes journalism art or literature’ and therefore need not be released to the public under the Freedom of Information Act (FOIA).”
UK Human Rights Blog, 15th February 2012
Source: www.ukhumanrightsblog.com
Woman who battled cancer must fight law to return ovary – Daily Telegraph
“A woman left infertile by teenage cancer is having to battle the law to get doctors to give her back the ovary that she had frozen before chemotherapy.”
Daily Telegraph, 15th February 2012
Source: www.telegraph.co.uk
Stronger CPS cases in hate crime lead to increase in guilty pleas – Crown Prosecution Service
“The CPS is prosecuting more hate crimes, more successfully and with more defendants pleading guilty than ever before.”
Crown Prosecution Service, 14th February 2012
Source: www.cps.gov.uk
Youth custody is failing young people who want to change their ways – The Guardian
“Dismal reoffending rates prove that incarcerated children who want to live a ‘normal’ life aren’t being given the support to do so.”
The Guardian, 14th February 2012
Source: www.guardian.co.uk
Canoe man prosecutors recover £500,000 from wife – The Guardian
“Prosecutors have recovered more than half a million pounds in assets from Anne Darwin, whose husband faked his own death in a sea canoeing accident so they could claim more than £600,000 in life insurance money.”
The Guardian, 14th February 2012
Source: www.guardian.co.uk
The Ebsworth Lecture: Looking the other way – Speech by Lord Justice Moses
The Ebsworth Lecture: Looking the other way (PDF)
Speech by Lord Justice Moses
Middle Temple, 13th February 2012
Source: www.judiciary.gov.uk
