Credit and debit card surcharges ‘are excessive’ – BBC News

Posted February 11th, 2011 in banking, complaints, consumer credit, consumer protection, news by sally

“A super-complaint is to be launched about the ‘murky practice’ of surcharges levied on customers who pay by debit or credit card.”

Full  story

BBC News, 11th February 2011

Source: www.bbc.co.uk

Retracting rape and domestic violence allegations: CPS launches public consultation – Crown Prosecution Service

“Individuals who retract truthful allegations of rape or domestic violence out of fear are less likely to be prosecuted under proposed new guidance for prosecutors on the offence of perverting the course of justice, the Director of Public Prosecutions, Keir Starmer QC, said today. But individuals who make malicious false allegations should know they risk prosecution, he said.”

Full press release

Crown Prosecution Service, 10th February 2011

Source: www.cps.gov.uk

Criminal checks on people working with children to be eased – The Guardian

Posted February 11th, 2011 in child abuse, criminal records, news by sally

“More than half of the 9 million people who have needed criminal record checks to work with children and vulnerable adults are to be freed from the burden under new legislation.”

Full story

The Guardian, 11th February 2011

Source: www.guardian.co.uk

People get power to take CCTV abusers to court – Daily Telegraph

“Any member of the public will be able to refer a local authority for judicial review if they can argue their cameras were set up or are being used inappropriately.”

Full story

Daily Telegraph, 10th February 2011

Source: www.telegraph.co.uk

Birmingham hospital trust pays out after baby’s death – BBC News

Posted February 11th, 2011 in birth, compensation, hospitals, medical treatment, news by sally

“A Birmingham couple has received an out-of-court settlement following hospital failures which allegedly led to the death of their baby son.”

Full story

BBC News, 8th Febraury 2011

Source: www.bbc.co.uk

Four men jailed over £2m cannabis farm in Essex – BBC news

Posted February 11th, 2011 in drug offences, news, sentencing by sally

“Four men found at a large cannabis factory in Essex have been jailed.”

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BBC News, 4th February 2011

Source: www.bbc.co.uk

MPs’ expenses: Eric Illsley jailed for 12 months – The Guardian

Posted February 10th, 2011 in expenses, false accounting, news, parliament, sentencing by sally

“The former Labour MP Eric Illsley has been jailed for 12 months at Southwark crown court after pleading guilty to charges of false accounting concerning nearly £14,500 in parliamentary expenses.”

Full story

The Guardian, 10th February 2011

Source: www.guardian.co.uk

Attorney general: UK would be in breach of law if it defied European court rulings – The Guardian

Posted February 10th, 2011 in attorney general, courts, human rights, news, rule of law by sally

“Britain would be acting ‘tyranically’ and in breach of the rule of law if it defied rulings from the European court of human rights, the attorney general, Dominic Grieve, has said.”

Full story

The Guardian, 10th February 2011

Source: www.guardian.co.uk

My legal hero: Dr Ivy Williams – The Guardian

Posted February 10th, 2011 in barristers, legal history, news, women by sally

“Dr Ivy Williams was a true pioneer – the first woman to be called to the bar and the first to teach law at an English university.”

Full story

The Guardian, 10th February 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 10th, 2011 in legislation by sally

The Police Federation (Amendment) Regulations 2011

The Apprenticeship Sectors (Specification) Order 2011

The Apprenticeships (Specification of Apprenticeship Standards for England) Order 2011

The Value Added Tax (Amendment) Regulations 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted February 10th, 2011 in law reports by sally

Supreme Court

Brent London Borough Council and others v Risk Management Partners Ltd [2011] UKSC 7 (9 February 2011)

Manchester City Council v Pinnock [2011] UKSC 6 (9 February 2011)

Court of Appeal (Civil Division)

SS (Sri Lanka) v Secretary of State for the Home Department [2011] EWCA Civ 76 (09 February 2011)

Immingham Storage Company Ltd v Clear Plc [2011] EWCA Civ 89 (09 February 2011)

Speed (A Minor) & Anor v London Borough of Waltham Forest & Ors [2011] EWCA Civ 88 (09 February 2011)

Brady v Norman [2011] EWCA Civ 107 (09 February 2011)

Acre 1127 Ltd (In Liquidation) v De Montfort Fine Art Ltd [2011] EWCA Civ 87 (09 February 2011)

Challinor v Staffordshire County Council [2011] EWCA Civ 90 (09 February 2011)

Rubin v Coote [2011] EWCA Civ 106 (09 February 2011)

Jones v Neath Port Talbot County Borough Council [2011] EWCA Civ 92 (08 February 2011)

High Court (Queen’s Bench Division)

Legal Services Commission v Henthorn [2010] EWHC 3329 (QB) (04 February 2011)

Beach Developments Ltd v Foskett [2011] EWHC 198 (QB) (09 February 2011)

High Court (Commercial Court)

X v Y [2011] EWHC 152 (Comm) (09 February 2011)

High Court (Technology and Construction Court)

Liberty Syndicate Management & Anor v Campagna Ltd & Anor [2011] EWHC 209 (TCC) (09 February 2011)

Source: www.bailii.org

Brady v Norman – WLR Daily

Posted February 10th, 2011 in defamation, law reports, personal injuries, time limits by sally

Brady v Norman [2011] EWCA Civ 107; [2011] WLR (D) 40

“The policy behind the limitation period for defamation cases being shorter than that in personal injuries claims was clear, since the defamatory impact of libel or slander was likely to be transient and Parliament evidently intended that a claimant should assert and pursue his need for vindication speedily. Considerations as to prejudice in applications for the disapplication of the time limit in defamation cases were likely to be different than those in personal injuries cases and in defamation cases it was for the claimant to make out a case for the disapplication of the normal time limit.”

WLR Daily, 9th February 2011

Source: www.lawreports.co.uk

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

Regina v Windsor and others – WLR Daily

Posted February 10th, 2011 in jurisdiction, law reports, proceeds of crime, receivers, restraining orders by sally

Regina v Windsor and others [2011] EWCA Crim 143; [2011] WLR (D) 41

“On an appeal against the making of restraint and receivership orders under Part 2 of the Proceeds of Crime Act 2002 the Court of Appeal has power to suspend the effect of its final order.”

WLR Daily, 9th February 2011

Source: www.lawreports.co.uk

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

Supreme Court ruling puts children first in immigration cases – Law Society’s Gazette

Posted February 10th, 2011 in asylum, children, deportation, immigration, news, Supreme Court by sally

“A landmark Supreme Court ruling has put the ‘best interests of the child’ at the centre of decision-making in immigration cases involving the deportation or removal of their parents.”

Full story

Law Society’s Gazette, 10th February 2011

Source: www.lawgazette.co.uk

Withdrawal from the European court of human rights is not a legal problem – The Guardian

Posted February 10th, 2011 in courts, human rights, jurisdiction, news by sally

“Bringing Rights Back Home is the latest policy document to address the tension between judges and politicians over public policy with human rights implications.”

Full story

The Guardian, 9th February 2011

Source: www.guardian.co.uk

High Court ruling paves the way for patent attorneys – Law Society’s Gazette

Posted February 10th, 2011 in intellectual property, news, patent attorneys by sally

“A High Court ruling has cleared the way for patent attorney litigators to conduct litigation in High Court cases.”

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Law Society’s Gazette, 10th February 2011

Source: www.lawgazette.co.uk

Response to Ministry of Justice Consultation as to reform of Legal Aid in England and Wales on behalf of Inner Temple Bar Liaison Committee – The Inner Temple

Posted February 10th, 2011 in consultations, inns of court, legal aid, news by sally

“This response is made by the Inner Temple Bar Liaison Committee which is the representative body for practitioner members of the Honourable Society of the Inner Temple, one of the four Inns of Court to which all barristers must belong. The committee represents 3,275 barrister practitioners.”

Full story (Word Doc)

The Inner Temple, 9th February 2011

Source: www.innertemple.org.uk

Schools to be banned from fingerprinting without parental consent – Daily Telegraph

Posted February 10th, 2011 in fingerprints, news, privacy, school children by sally

“Schools are to be banned from fingerprinting children without their parent’s consent as part of a raft of measures to restore civil liberties, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 10th February 2011

Source: www.telegraph.co.uk

Prisoners’ right to vote: Q&A – The Guardian

Posted February 10th, 2011 in elections, human rights, news, parliament, prisons by sally

“MPs are set to debate on a motion calling for Britain to defy the European court of human rights over giving prisoners the right to vote on Thursday.”

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The Guardian, 10th February 2011

Source: www.guardian.co.uk

The campaign against proposed legal aid cuts gains public support – Law Society’s Gazette

Posted February 10th, 2011 in legal aid, news, parliament by sally

“Last week’s adjournment debate on legal aid cuts in the House of Commons marked a change in tone among MPs who, before Christmas, had not made much of the Ministry of Justice’s proposed £350m annual cut to the legal aid budget. What became evident in the debate, secured by Labour MP Yvonne Fovargue, is that MPs are starting to feel the pressure on this issue at a constituency level – from solicitors, citizens advice bureaux, barristers and groups who work with, and represent, vulnerable people.”

Full story

Law Society’s Gazette, 10th February 2011

Source: www.lawgazette.co.uk