Muslim juror removed from jury after refusing to take off veil – Daily Telegraph
“A Muslim juror has been excused from sitting on a case because her veil concealed her facial expressions.”
Daily Telegraph, 20th March 2012
Source: www.telegraph.co.uk
Briton Graham Mitchell faces Portugal extradition – BBC News
“A Briton arrested over a Portuguese attempted murder case he thought he had been acquitted of 17 years ago says his world has been ‘turned upside down’.”
BBC News, 20th March 2012
Source: www.bbc.co.uk
County Court money claim service launched – Ministry of Justice
“From today all designated money claims in civil cases in England and Wales will be dealt with at one business centre. The centre will be supported by a dedicated contact team that deal with all telephone queries relating to claims.”
Ministry of Justice, 19th March 2012
Source: www.justice.gov.uk
Drug and Alcohol Misusing Families – BBC Law in Action
“For the last four years, London’s family drug and alcohol court has been trying to get drug and alcohol misusing families back on track. It has done so by following a different approach from the traditional, more punitive measures adopted by the mainstream courts. Joshua Rozenberg visits the court to find out how effective its pioneering work has been and what those who use it think of it. He speaks to those involved in the day-to-day work of the court – including the district judge, the principals of the main charity involved in its creation, legal representatives and others with expert knowledge of the problems which the court’s family users must tackle to put their lives back in order – and talks to observers of the court who have reservations about its approach. Law in Action discovers how far this innovative – but expensive – legal model is one which can realistically be emulated elsewhere in the UK when public funds are under such pressure.”
BBC Law in Action, 13th March 2012
Source: www.bbc.co.uk
Duress, abuse of process and erasing convictions: the questions raised in Regina v A – Halsbury’s Law Exchange
“It seems remarkable that if a woman tells a lie when living in permanent fear of being attacked and stabbed she would probably be able to put forward the defence of duress (if that lie tended to pervert the course of justice), but it seems such a defence does not apply if the woman is living in fear of being raped.”
Halsbury’s Law Exchange, 19th March 2012
Source: www.halsburyslawexchange.co.uk
Former law lord opposes ‘two strikes and you’re out’ sentencing – The Guardian
“A former law lord will attempt to amend the government’s controversial legal aid bill to throw out a ‘peculiar provision’ which would introduce a ‘two strikes and you’re out’ approach to sentencing.”
The Guardian, 19th March 2012
Source: www.guardian.co.uk
Thousands in court every week for not having a TV licence – Daily Telegraph
“Magistrates have called for the failure to get a television licence to be decriminalised after it emerged more than 3,000 people were taken to court every week for not paying the fee.”
Daily Telegraph, 20th March 2012
Source: www.telegraph.co.uk
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
