UK ‘must secure’ release of US detainee, judges rule – BBC News

Posted December 14th, 2011 in appeals, detention, habeas corpus, human rights, news, terrorism by sally

“The Court of Appeal has ordered the UK to secure the release of a suspected insurgent who remains held without charge by the US in Afghanistan.”

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BBC News, 14th December 2011

Source: www.bbc.co.uk

Judge tells court reporters: ‘Twitter as much as you wish’ – The Guardian

Posted December 14th, 2011 in contempt of court, internet, media, news, reporting restrictions by sally

“Journalists no longer have to make an application to tweet, text or email from courts in England and Wales following new guidance issued by the lord chief justice, Lord Judge.”

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The Guardian, 14th December 2011

Source: www.guardian.co.uk

Command Papers – official-documents.gov.uk

Posted December 14th, 2011 in parliamentary papers by sally

Recall of MPs Draft Bill, Cm 8241 (PDF)

Amendment of the Agreement Establishing the European Bank for Reconstruction and Development in order to enable the Bank to operate in Countries of the Southern and Eastern Mediterranean (Resolution No.137), Cm 8248 (PDF)

Amendment of the Agreement Establishing the European Bank for Reconstruction and Development in order to allow the use of Special Funds in Recipient Countries and Potential Recipient Countries (Resolution No.138), Cm 8249 (PDF)

Report of Criminal Liability of Partnerships, Cm 8283 (PDF)

Bereavement Benefit for the 21st Century, Cm 8221 (PDF)

Source: www.official-documents.gov.uk

BAILII: Recent Decisions

Posted December 14th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Kayani, R. v [2011] EWCA Crim 2871 (13 December 2011)

Court of Appeal (Civil Division)

Hayes v Willoughby [2011] EWCA Civ 1541 (13 December 2011)

Epsom College v Pierse Contracting Southern Ltd [2011] EWCA Civ 1449 (13 December 2011)

HM (Iraq) & Anor v Secretary of State for the Home Department [2011] EWCA Civ 1536 (13 December 2011)

Bent v Highways And Utilities Construction & Anor [2011] EWCA Civ 1539 (13 December 2011)

Chalabi & Ors v Agha -Jaffar & Anor [2011] EWCA Civ 1535 (13 December 2011)

High Court (Administrative Court)

RS, R (On the Application Of) v Secretary of State for the Home Department & Anor [2011] EWHC 3313 (Admin) (13 December 2011)

High Court (Chancery Division)

Lictor Anstalt (A Company) v MIR Steel UK Ltd & Ors [2011] EWHC 3310 (Ch) (13 December 2012)

Source: www.bailii.org

Further data protection proposals for law enforcement will clarify existing law, expert says – OUT-LAW.com

Posted December 14th, 2011 in data protection, news, police by sally

“Different categories of data subject and stricter criteria for the processing of personal data could be introduced under leaked proposals dealing with how data can be shared between Europe’s law enforcement authorities.”

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OUT-LAW.com, 14th December 2011

Source: www.out-law.com

Intestacy and Family Provision Claims on Death – Law Commission

Posted December 14th, 2011 in families, intestacy, news, wills by sally

“The Law Commission is making recommendations today to bring inheritance law into line with the needs and expectations of modern families, and simplify the law to help the bereaved deal with the property of a deceased family member.”

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Law Commission, 14th December 2011

Source: www.justice.gov.uk

In re Bezier Acquisitions Ltd – WLR Daily

Posted December 14th, 2011 in administrators, insolvency, law reports by sally

In re Bezier Acquisitions Ltd [2011] EWHC 3299 (Ch); [2011] WLR (D) 362

“Rule 2.8 of the Insolvency Rules 1986 did not provide a complete and exhaustive code as to service of a notice of intention to appoint administrators.”

WLR Daily, 12th December 2011

Source: www.iclr.co.uk

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09) – WLR Daily

Posted December 14th, 2011 in competition, EC law, law reports, pharmacists, sale of goods by sally

Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence (Ministère public and another, interveners) (Case C-439/09); [2011] WLR (D) 359

“In the context of a selective distribution system, a contractual clause requiring sales of cosmetics and personal care products to be made in a physical space where a qualified pharmacist had to be present, resulting in a ban on the use of the internet for those sales, amounted to a restriction by object within the meaning of article 101(1)FEU of the FEU Treaty where it was apparent that that clause was not objectively justified. The block exemption provided for in article 2 of Commission Regulation (EC) No 2790/1999 of 22 December 1999 on the application of article 81(3) of the Treaty to categories of vertical agreements and concerted practices (OJ 1999 L336, p 21) did not apply to a selective distribution contract which contained a clause prohibiting de facto the internet as a method of marketing.”

WLR Daily, 13th December 2011

Source: www.iclr.co.uk

Ziebell v Land Baden-Württemberg (Case C-371/08) – WLR Daily

Posted December 14th, 2011 in citizenship, drug offences, EC law, law reports by sally

Ziebell v Land Baden-Württemberg (Case C-371/08); [2011] WLR (D) 358

“Protection against expulsion conferred by article 14(1) of EEC-Turkey Association Council Decision No 1/80 did not have the same scope as that conferred on citizens of the Union pursuant to article 28(3)(a) of Parliament and Council Directive 2004/38/EC with the result that the scheme of protection against expulsion enjoyed by the latter could not be applied mutatis mutandis to Turkish nationals for the purpose of determining the meaning and scope of article 14(1) of Decision No 1/80.”

WLR Daily, 8th December 2011

Source: www.iclr.co.uk

Referral Fees Guidance – The Bar Council

Posted December 14th, 2011 in barristers, codes of practice, fees, news, personal injuries by sally

“The Professional Practice Committee has today published new Guidance on the Prohibition of Referral Fees.”

Guidance on the Prohibition of Referral Fees (PDF)

The Bar Council, 13th December 2011

Source: www.barcouncil.org.uk

Employment tribunal fees to benefit business and taxpayers – Ministry of Justice

Posted December 14th, 2011 in employment tribunals, fees, news, taxation by sally

“Plans to lower the £84 million cost to the taxpayer, and relieve pressure on businesses, through the introduction of fees for employment tribunals were announced today by Justice Minister Jonathan Djanogly.”

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Ministry of Justice, 14th December 2011

Source: www.justice.gov.uk

S v C: Re E Revisited – Family Law Week

Posted December 14th, 2011 in appeals, child abduction, news by sally

Jennifer Perrins, barrister, of 1 King’s Bench Walk, considers the Court of Appeal’s judgment in S v C, the first appeal concerning an Article 13b ‘defence’ under the Hague Convention following the Supreme Court’s decision in Re E (Children) (Abduction: Custody Appeal).

Full story

Family Law Week, 7th December 2011

Source: www.familylawweek.co.uk

Attorney General: The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process – Attorney General’s Office

Posted December 14th, 2011 in children, criminal procedure, speeches, witnesses by sally

The Barnardo’s Lecture – Justice or ordeal: supporting and treating children fairly through the trial process

Attorney General’s Office, 12th December 2011

Source: www.attorneygeneral.gov.uk

Bar Council Calls on Government to Support Principle of Contingent Legal Aid Fund – The Bar Council

Posted December 14th, 2011 in legal aid, news by sally

“The Bar Council, which represents barristers in England and Wales, has today published a report it commissioned from economic consultants Europe Economics, which has found that the concept of Contingent Legal Aid Funds (CLAF) has merit and should be taken forward as one of a number of sources of potential funding for civil litigation.”

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The Bar Council, 13th December 2011

Source: www.barcouncil.org.uk

Family Arbitration: An Introduction – Family Law Week

Posted December 14th, 2011 in arbitration, family courts, news by sally

“In his keynote address, delivered at a reception hosted by Collaborative Family Law last week, Lord Wilson of Culworth referred to the advent of an arbitration scheme to determine family disputes. This article offers an explanation as to how that scheme, which will be launched in February 2012, will work.”

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Family Law Week, 5th December 2011

Source: www.familylawweek.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 14th, 2011 in legislation by sally

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011

The Health and Social Care Act 2008 (Primary Dental Services, Private Ambulance Services and Primary Medical Services) (Regulated Activities) (Transitory and Transitional Provisions) (Amendment) Order 2011

The Charges for Residues Surveillance (Amendment) Regulations 2011

The Suffolk Mental Health Partnership National Health Service Trust (Dissolution) Order 2011

The NHS Foundation Trusts (Trust Funds: Appointment of Trustees) Amendment Order 2011

The Winchester and Eastleigh Healthcare National Health Service Trust (Dissolution) Order 2011

Source: www.legislation.gov.uk

‘Sexist’ Ryanair ad faces inquiry – The Guardian

Posted December 14th, 2011 in advertising, complaints, news, ombudsmen, women by sally

“The advertising watchdog is to launch an investigation into an ad campaign by Ryanair featuring a scantily-clad flight attendant after complaints that it made it cabin crew look like ‘glamour models’.”

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The Guardian, 13th December 2011

Source: www.guardian.co.uk

Obsessive rare egg thief is jailed again – The Independent

Posted December 14th, 2011 in birds, news, sentencing, theft by sally

“Britain’s most imprisoned egg collector was jailed again yesterday after he admitted stealing hundreds of rare birds’ eggs, including those of golden eagles.”

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The Independent, 14th December 2011

Source: www.independent.co.uk

Parents who abduct children should face longer in prison, says top judge – Daily Telegraph

Posted December 14th, 2011 in child abduction, kidnapping, news, sentencing by sally

“Parents who abduct their own children could face life sentences because of the ‘unspeakable cruelty’ they cause, the country’s most senior judge said yesterday.”

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Daily Telegraph, 13th December 2011

Source: www.telegraph.co.uk

The limits of conscientious objection – The Guardian

Posted December 14th, 2011 in conscientious objection, human rights, news by sally

“Article 9 of the European convention on human rights offered no protection to a soldier who objected to the war in Afghanistan on political grounds.”

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The Guardian, 13th December 2011

Source: www.guardian.co.uk