Man fined £75 for brushing pet dog – Daily Telegraph
“A pensioner was fined £75 for brushing his pet dog and leaving fur on the ground in a public park.”
Daily Telegraph, 10th October 2011
Source: www.telegraph.co.uk
Ofcom to investigate ITV over ‘IRA’ video game footage – The Guardian
“Media regulator Ofcom has launched an investigation into how ITV mistakenly included video game footage in a documentary that supposedly showed the IRA shooting down a helicopter with weapons supplied by Muammar Gaddafi.”
The Guardian, 10th October 2011
Source: www.guardian.co.uk
ICO issues guidance on complaint files disclosure – OUT-LAW.com
“Organisations do not have to issue all the information stored in complaint files in order to comply with individuals’ personal data access requests, the UK’s data protection watchdog has said.”
OUT-LAW.com, 10th October 2011
Source: www.out-law.com
Employer must not rely blindly on medical advisers when deciding if an employee is eligible for ill-health benefits, ombudsman says – OUT-LAW.com
“An employer cannot rely ‘blindly’ on its medical advisers when deciding if an employee is eligible for an ill-health early retirement pension, the pensions watchdog has said.”
OUT-LAW.com, 10th October 2011
Source: www.out-law.com
Big Brother or crime fighting? DNA evidence under the microscope – UK Human Rights Blog
“A proposal to retain DNA samples taken from people who have been arrested but not charged with a crime for up to five years has come under criticism from the Joint Committee on Human Rights.”
UK Human Rights Blog, 10th October 2011
Source: www.ukhumanrightsblog.com
The conversation: Judging rights from wrong – The Guardian
“The Conservatives want to replace the Human Rights Act with a British version. Liberty director Shami Chakrabarti and Tory MP Dominic Raab go head to head.”
The Guardian, 7th October 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Khan & Ors v R. [2011] EWCA Crim 2240 (07 October 2011)
Court of Appeal (Civil Division)
Berezovsky v Hine & Ors [2011] EWCA Civ 1089 (07 October 2011)
High Court (Queen’s Bench Division)
Adelson & Anor v Anderson & Anor [2011] EWHC 2497 (QB) (07 October 2011)
Charles Terence Estates Ltd v Cornwall Council & Anor [2011] EWHC 2542 (QB) (07 October 2011)
High Court (Chancery Division)
Quigley v Masterson [2011] EWHC 2529 (Ch) (07 October 2011)
Care Matters Partnership Ltd, Re [2011] EWHC 2543 (Ch) (07 October 2011)
High Court (Administrative Court)
High Court (Family Division)
FG v MBW [2011] EWHC 1729 (Fam) (07 October 2011)
High Court (Commercial Court)
JSC BTA Bank v Ablyazov & Ors [2011] EWHC 2545 (Comm) (07 October 2011)
Source: www.bailii.org
Self-incrimination and the fruit of the poisonous tree: the Cadder rule – UK Human Rights Blog
“Reliance on evidence that emerged from questioning a person without access to a lawyer did not invariably breach the right to a fair trial under Article 6. The principle established by Salduz v Turkey (36391/02) (2009) 49 EHRR 19 did not apply to questioning outside a police station.”
UK Human Rights Blog, 7th October 2011
Source: www.ukhumanrightsblog.com
Kenneth Clarke suffers setback over sentencing rules for magistrates – The Guardian
“Magistrates’ powers to sentence offenders to up to 12 months in prison are to be retained following a climbdown by the Ministry of Justice in the wake of the summer riots.”
The Guardian, 7th October 2011
Source: www.guardian.co.uk
Raunchy adverts slapped down under new rules – Daily Telegraph
“Provocative billboard adverts are to be banned amid growing fears over the sexualisation of children.”
Daily Telegraph, 8th October 2011
Source: www.telegraph.co.uk
Local authorities will not be breaking law by continuing academy PFI payments, QC says – OUT-LAW.com
“Continuing to make payments towards a school rebuilt through a project finance initiative (PFI) arrangement once that school has converted to academy status will not cause local authorities to break the law, an expert has told the Government.”
OUT-LAW.com, 7th October 2011
Source: www.out-law.com
BT and TalkTalk given last chance to challenge Digital Economy Act – The Guardian
“BT and TalkTalk have been granted permission to appeal against their failed legal challenge to the Digital Economy Act, which is central to the government’s attempts to curb illegal downloading.”
The Guardian, 7th October 2011
Source: www.guardian.co.uk
Northern Rock Applicants v Caldwell and another – WLR Daily
Northern Rock Applicants v Caldwell and another [2011] UKUT 408 (TCC); [2011] WLR (D) 289
“The statutory assumption in section 5(4)(a) of the Banking (Special Provisions) Act 2008 that all financial assistance provided by the Bank of England or the Treasury ‘has been withdrawn’ required the independent valuer to assume that the assistance had been terminated and repaid, following realisations of assets made just before the date of nationalisation.”
WLR Daily, 6th October 2011
Source: www.iclr.co.uk
Ambrose v Harris (Procurator Fiscal, Oban) ; HM Advocate v M; HM Advocate v G – WLR Daily
“In principle the line as to when access to legal advice had to be provided before a person suspected of a criminal offence was questioned by police should be drawn as from the moment when he had been taken into police custody, or his freedom of action had been significantly curtailed.”
WLR Daily, 6th October 2011
Source: www.iclr.co.uk
Rossetti Marketing Ltd v Diamond Sofa Co Ltd – WLR Daily
Rossetti Marketing Ltd v Diamond Sofa Co Ltd [2011] EWHC 2482 (QB); [2011] WLR (D) 287
“Whether a party was a commercial agent within the meaning of Council Directive 86/653/EEC of 18 December 1986 on the coordination of the laws of the member states relating to self-employed commercial agents or the Commercial Agents (Council Directive) Regulations 1993 was to be determined by reference to the terms and context of the agreement at the date it was concluded. The non-derogable obligations of a commercial agent under article 3(1) of the Directive and regulation 3(1) of the 1993 Regulations, to look after the interests of the principal and to act dutifully and in good faith, were not to be imported into the definition of ‘commercial agent’ so that an agent acting for multiple principles did not fall within it.”
WLR Daily, 3rd October 2011
Source: www.iclr.co.uk
Football Association Premier League Ltd and others v QC Leisure and others; Murphy v Media Protection Services Ltd – WLR Daily
“The clauses of an exclusive licence agreement concluded between a holder of intellectual property rights and a broadcaster constituted a restriction on competition prohibited by article 101FEU of the FEU Treaty where they obliged the broadcaster not to supply decoding devices enabling access to that right holder’s protected subject matter with a view to their use outside the territory covered by that licence agreement.”
WLR Daily, 4th October 2011
Source: www.iclr.co.uk
Criminal proceedings against Gueye (X intervening); Criminal proceedings against Salmerón Sánchez (Y intervening) – WLR Daily
“Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings (OJ 2001 L82, p 1) did not prevent member states from making provision in their criminal law for the mandatory imposition of an injunction to stay away for a minimum period on persons who committed crimes of violence within the family. This was so even when the victims of those crimes opposed the application of such a penalty. Member states could also exclude recourse to mediation in all criminal proceedings relating to a particular category of offences committed within the family.”
WLR Daily, 15th September 2011
Source: www.iclr.co.uk
Scattolon v Ministero dell’Istruzione, dell’Università e della Ricerca – WLR Daily
“The takeover, within the same member state, by one public authority of staff employed by another public authority entrusted with the supply to schools of auxiliary maintenance and administrative assistance constituted a transfer of an undertaking within the meaning of article 1(1) of Council Directive 77/187/EEC of 14 February 1977 on the approximation of the laws of the member states relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses (OJ 1977 L 61, p 26). Where such a transfer led to the immediate application to the transferred workers of the collective agreement in force with the transferee, and where the conditions for remuneration were linked in particular to length of service, article 3 of the Directive precluded the transferred workers from suffering, in comparison with their situation immediately before the transfer, a substantial loss of salary by reason of the fact that their length of service with the transferor (equivalent to that completed by workers in the service of the transferee) was not taken into account when determining their starting salary position with the latter.”
WLR Daily, 6th September 2011
Source: www.iclr.co.uk
CPS to go paperless by April, says Starmer – Law Society’s Gazette
“The Director of Public Prosecutions has committed to making the Crown Prosecution Service entirely digital by April 2012.”
Law Society’s Gazette, 7th October 2011
Source: www.lawgazette.co.uk
Dangerous drivers to face longer jail terms – Ministry of Justice
“Dangerous drivers who seriously injure others could spend longer in jail thanks to a new criminal offence, Justice Secretary Kenneth Clarke announced today.”
Ministry of Justice, 7th October 2011
Source: www.justice.gov.uk
