Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) – WLR Daily

Posted June 17th, 2011 in EC law, fisheries, law reports, regulations, ultra vires by sally

Bloomsbury International Ltd and others v Department for Environment, Food and Rural Affairs (Sea Fish Industry Authority intervening) [2011] UKSC 25; [2011] WLR (D) 195

“The power conferred on the Sea Fish Industry Authority under the Fisheries Act 1981 to impose a levy in respect of sea fish and sea fish products landed in the United Kingdom extended to sea fish or parts of sea fish first brought to land outside the United Kingdom and only later imported into the United Kingdom. The levy so imposed, pursuant to the Sea Fish Industry Authority (Levy) Regulations 1995 Confirmatory Order 1996, constituted an internal tax under article 110FEU, not a charge having equivalent effect to customs duty contrary to articles 28FEU and 30FEU, and was accordingly lawful.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Bar Regulator Approves Quality Assurance Framework for Criminal Advocates – Bar Standards Board

Posted June 17th, 2011 in advocacy, barristers, news, quality assurance by sally

“A new scheme to assess the performance of criminal advocates has been given the green light by the Bar Standards Board (BSB) at its meeting on 16 June.”

Full story

Bar Standards Board, 17th June 2011

Source: www.barstandardsboard.org.uk

What does the law say about copyright on works of art? – BBC News

Posted June 17th, 2011 in artistic works, copyright, news by sally

“Lawyers acting on behalf of Sir Paul McCartney have stepped in to prevent a series of his drawings from being sold at auction.”

Full story

BBC News, 16th June 2011

Source: www.bbc.co.uk

Student faces extradition to US over TV website – Daily Telegraph

Posted June 17th, 2011 in copyright, extradition, internet, news by sally

“A British student is facing extradition to the United States and up to five years in jail for running a website that offered links to pirated films and television shows.”

Full story

Daily Telegraph, 17th June 2011

Source: www.telegraph.co.uk

Price comparison sites may be breaking financial advice regulations, says FSA – OUT-LAW.com

Posted June 17th, 2011 in consumer protection, financial advice, insurance, internet, news by sally

“Price comparison sites may be in breach of financial advice regulations when they lead customers to insurance policies, regulator the Financial Services Authority (FSA) has said.”

Full story

OUT-LAW.com, 16th June 2011

Source: www.out-law.com

Locking autistic man in padded room ruled illegal – The Independent

Posted June 17th, 2011 in autism, detention, human rights, learning difficulties, news by sally

“The Court of Protection has ruled that an 18-year-old man with autism and severe learning disabilities who was regularly placed in a padded seclusion room more than six times a day was unlawfully deprived of his liberty.”

Full story

The Independent, 17th June 2011

Source: www.independent.co.uk

We need to control the spread of human rights, Supreme Court judge says – Daily Telegraph

Posted June 17th, 2011 in human rights, news by sally

“The growing use of the Human Rights Act across all parts of society should be controlled or it will increasingly be opposed by Government and MPs, a senior judge has said.”

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Daily Telegraph, 16th June 2011

Source: www.telegraph.co.uk

Ruling due on Harrow school’s cornrows haircut ban – BBC News

Posted June 17th, 2011 in news, race discrimination, school admissions by sally

“The High Court is due to make a ruling later on the legality of a school’s ban of the cornrows hairstyle.”

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BBC News, 17th June 2011

Source: www.bbc.co.uk

Legal challenge over court closures rejected – The Guardian

Posted June 17th, 2011 in budgets, courts, judicial review, magistrates, news by sally

“Legal challenges launched to save magistrates courts from closure following a decision last year by the lord chancellor have been rejected by the high court.”

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The Guardian, 16th June 2011

Source: www.guardian.co.uk

Legal right of police staff to strike under review – BBC News

Posted June 16th, 2011 in industrial action, news, police by sally

“It is ‘legitimate to ask’ whether civilian staff working for the police should be banned from going on strike, according to a government adviser.”

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BBC News, 16th June 2011

Source: www.bbc.co.uk

MP loses libel case against Sunday Telegraph – Daily Telegraph

Posted June 16th, 2011 in defamation, media, news by sally

“Former Labour MP Frank Cook lost his libel case against The Sunday Telegraph today over reports he claimed £5 on expenses to cover money put into a collection by an aide representing him at a Battle of Britain memorial service.”

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Daily Telegraph, 16th June 2011

Source: www.telegraph.co.uk

Legal ‘near-sourcing’ threatens to widen status gap between London and regions – The Guardian

Posted June 16th, 2011 in law firms, legal education, London, news by sally

“It’s not just the BBC moving north. The big corporate law firms that have accounted for much of the legal profession’s recent growth are shrinking their pricey London hubs and expanding in the regions, too.”

Full story

The Guardian, 16th June 2011

Source: www.guardian.co.uk

Facebook juror jailed for eight months – The Guardian

Posted June 16th, 2011 in contempt of court, internet, juries, news, sentencing by sally

“The first juror to be prosecuted for contempt of court for using the internet has been sentenced to eight months in jail.”

Full story

The Guardian, 16th June 2011

Source: www.guardian.co.uk

Category Cloud

Posted June 16th, 2011 in news by sally

We have added a category cloud to the sidebar displaying the most frequently used categories. A full list of categories and their respective RSS feeds can be found here.

BAILII: Recent Decisions

Posted June 16th, 2011 in law reports by sally

High Court (Administrative Court)

Longmire v Secretary of State for Justice [2011] EWHC 1488 (Admin) (15 June 2011)

Flasz & Ors v Havering Primary Care Trust [2011] EWHC 1487 (Admin) (15 June 2011)

High Court (Technology and Construction Court)

Carillion JM Ltd v Phi Group Ltd [2011] EWHC 1379 (TCC) (15 June 2011)

Source: www.bailii.org

Ryan Giggs launches legal action over News of the World phone hacking – The Guardian

Posted June 16th, 2011 in interception, media, news, telecommunications by sally

“Ryan Giggs is the latest celebrity to begin legal proceedings against the News of the World and private investigator Glenn Mulcaire over phone hacking.”

Full story

The Guardian, 15th June 2011

Source: www.guardian.co.uk

Chapple v Suffolk County Council and another – WLR Daily

Posted June 16th, 2011 in appeals, judicial review, law reports, local government, tribunals by sally

Chapple v Suffolk County Council and another [2011] EWCA Civ 691; [2011] WLR (D) 194

“The structure of the tribunals system under the Tribunals, Courts and Enforcement Act 2007 was designed to be flexible, as was the role of the Upper Tribunal. The Upper Tribunal hearing appeals from the First-tier tribunal should look at the procedural possibilities involved in complex cases and should, where appropriate, consider whether judicial review would be a suitable remedy.”

WLR Daily, 8th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Hichens – WLR Daily

Posted June 16th, 2011 in assault, defences, law reports, self-defence, third parties by sally

Regina v Hichens [2011] WLR (D) 193

“On a charge of common assault the defence that the action was taken by way of self-defence to prevent a person from committing a crime or a breach of the peace was available even if the act of violence was not against the person concerned but was against an innocent third party.”

WLR Daily, 14th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

BG v Secretary of State for the Home Department – WLR Daily

Posted June 16th, 2011 in appeals, control orders, human rights, law reports by sally

BG v Secretary of State for the Home Department [2011] EWHC 1478 (Admin); [2011] WLR (D) 192

“On an appeal under section 10(1)(4) of the Prevention of Terrorism Act 2005 against the renewal of a non-derogating control order, it was not part of the court’s task to determine whether the earlier decision under section 2(1)(a) to make the original control order had been or was now flawed. Evidence sought to be adduced for that purpose was not admissible.”

WLR Daily, 13th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Legal aid cuts will stop cases like Trafigura, UN official warns – The Guardian

Posted June 16th, 2011 in fees, human rights, legal aid, news, United Nations by sally

“A senior UN official has warned the government that cuts to legal aid and changes to lawyers’ fees will prevent claims, such as those in the Trafigura case, being brought against multinational businesses.”

Full story

The Guardian, 16th June 2011

Source: www.guardian.co.uk