High Court extends ability to strip people of right not to self-incriminate – OUT-LAW.com

“People accused of misusing confidential commercial or technical information have lost the right to avoid self-incrimination in court cases, following a High Court ruling.”

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OUT-LAW.com, 3rd March 2011

Source: www.out-law.com

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) – WLR Daily

Regina (RO) v East Riding of Yorkshire Council (Secretary of State for Education intervening) [2011] EWCA Civ 196; [2011] WLR (D) 69

“A child’s status as a ‘looked after child’ for the purposes of the Children Act 1989 did not come to an end when the local authority, by virtue of a statement of special educational needs under the Education Act 1996, arranged for him to be accommodated at a residential school.”

WLR Daily, 2nd March 2011

Source: www.lawreports.co.uk

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

LO (Jordan) v Secretary of State for the Home Department – WLR Daily

Posted March 3rd, 2011 in appeals, immigration, jurisdiction, law reports by sally

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164; [2011] WLR (D) 68

“The Court of Appeal had jurisdiction to hear a further appeal from the Special Immigration Appeals Commission only when there had been a final determination of the appeal to the commission and it had issued a decision as to the disposition. Where an appeal to the commission was treated as withdrawn no such decision was made.”

WLR Daily, 2nd March 2011

Source: www.lawreports.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.

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres – WLR Daily

Posted March 3rd, 2011 in EC law, insurance, law reports, pensions, sex discrimination by sally

Association belge des Consommateurs Test-Achats ASBL and others v Conseil des ministres (Case C-236/09); [2011] WLR (D) 67

“Article 5(2) of Council Directive 2004/113/EC was invalid with effect from 21 December 2012 since it permitted European Union law and consequently member states’ laws, to derogate from the principle of equal treatment of men and women, guaranteed by articles 21 and 23 of the Charter of Fundamental Rights of the European Union, without temporal limitation.”

WLR Daily, 2nd March 2011

Source: www.lawreports.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.

War of the words: how the government controls the debate with its lexicon – Law Society’s Gazette

Posted March 3rd, 2011 in consultations, legal aid, news, reports by sally

“Ministers in the coalition government don’t talk about ‘fat cat lawyers’.”

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Law Society’s Gazette, 3rd March 2011

Source: www.lawgazette.co.uk

Teenagers jailed for running £16m internet crime forum – The Guardian

Posted March 3rd, 2011 in computer crime, conspiracy, fraud, internet, news, sentencing, young offenders by sally

“Three teenagers who founded and operated one of the world’s largest English-language internet crime forums, described in court as ‘Crimebook’, have been sentenced to up to five years in custody.”

Full story

The Guardian, 2nd March 2011

Source: www.guardian.co.uk

UK to challenge prisoner votes ruling by European Court – BBC News

Posted March 3rd, 2011 in elections, human rights, news, prisons by sally

“The government has launched a legal bid to overturn a European Court of Human Rights ruling that the UK’s blanket ban on prisoners voting is unlawful.”

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BBC News, 2nd March 2011

Souce: www.bbc.co.uk

DPP says prosecuting disability hate crime is “the next frontier” for the Criminal Justice System – Crown Prosecution Service

“Prosecutors are ‘still in the foothills’ when it comes to prosecuting disability hate crime, the DPP Keir Starmer QC said today (Wednesday ) in a speech to Sussex Law School’s ‘Issues in Criminal Justice’ series at the University of Sussex.”

Full story

Crown Prosecution Service, 2nd March 2011

Source: www.cps.gov.uk

MPs back control orders extension – BBC News

Posted March 3rd, 2011 in control orders, news, terrorism by sally

“Eight suspected terrorists will remain on control orders while the government introduces their replacement.”

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BBC News, 2nd March 2011

Source: www.bbc.co.uk

Queen’s counsel: the merits of giving the best advocates a badge of excellence – The Guardian

Posted March 3rd, 2011 in barristers, legal profession, news, queen's counsel, solicitors by sally

“The increase in the proportion of women and ethnic minorities on the new Queen’s counsel list is something the Ministry of Justice should celebrate.”

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The Guardian, 2nd March 2011

Source: www.guardian.co.uk

ISPs must advertise average broadband speeds, not ‘up to’ speeds, says Ofcom – OUT-LAW.com

Posted March 2nd, 2011 in advertising, consumer protection, internet, news by sally

“ISPs should be forced to advertise the typical speeds available on internet access packages and not the theoretical maximum currently advertised, telecoms regulator Ofcom has said. They should also not be allowed to cap ‘unlimited’ services.”

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OUT-LAW.com, 2nd March 2011

Source: www.out-law.com

Recent Statutory Instruments – legislation.gov.uk

Posted March 2nd, 2011 in legislation by sally

The Immigration (Designation of Travel Bans) (Amendment) Order 2011

The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Modifications) Order 2011

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted March 2nd, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Zarezadeh, R. v [2011] EWCA Crim 271 (01 March 2011)

Hackett v R. [2011] EWCA Crim 380 (01 March 2011)

Grout, R. v [2011] EWCA Crim 299 (01 March 2011)

Court of Appeal (Civil Division)

LO (Jordan) v Secretary of State for the Home Department [2011] EWCA Civ 164 (01 March 2011)

Korashi v Abertawe Bro Morgannwg University Local Health Board [2011] EWCA Civ 187 (01 March 2011)

High Court (Queen’s Bench Division)

United Company Rusal Plc & Ors v 1) HSBC Bank Plc & Ors [2011] EWHC 404 (QB) (01 March 2011)

High Court (Chancery Division)

Mason & Ors v Mills & Reeve (a firm) [2011] EWHC 410 (Ch) (01 March 2011)

High Court (Technology and Construction Court)

Perriam Ltd. v Mr Nicholas Wayne Mr Martin Daly [2011] EWHC 403 (TCC) (Hearing 22 February 2011)

Source: www.bailii.org

BSB praised in LSB report – Bar Standards Board

Posted March 2nd, 2011 in barristers, complaints, news by sally

“The regulator of the Bar in England and Wales has been praised by the Legal Services Board in its latest report entitled ‘First-tier complaints handling, Implementation – Progress Review.’”

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Bar Standards Board, 1st March 2011

Source: www.barstandardsboard.org.uk

IPCC finds police response to Joanne Butler’s emergency calls was ‘flawed’ – The Guardian

Posted March 2nd, 2011 in complaints, murder, news, police by sally

“The way police responded to a woman who made two 999 calls before she was battered to death was ‘wholly inadequate’, according to a report by the Independent Police Complaints Commission. It highlighted failings in Leicestershire Constabulary’s response to phone calls they received prior to Joanne Butler’s murder in January 2006.”

Full story

The Guardian, 1st March 2011

Source: www.guardian.co.uk

Divorce: Mediation should help married couples split up – BBC News

Posted March 2nd, 2011 in dispute resolution, divorce, family courts, news by sally

“A major shake-up of the family court procedures in England and Wales comes into effect on 6 April 2011.”

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BBC News, 2nd March 2011

Source: www.bbc.co.uk

Court rules that newspaper does not have to identify commenters – The Guardian

Posted March 2nd, 2011 in anonymity, defamation, internet, media, news by sally

“Defamation attempt fails as high court rules that anonymous comments on the Daily Mail’s website are little more than ‘pub talk’.”

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The Guardian, 1st March 2011

Source: www.guardian.co.uk

Parliamentary law review for relatives of missing – BBC News

Posted March 2nd, 2011 in guardianship, missing persons, news, presumption of death orders by sally

“The father of missing York chef Claudia Lawrence has asked MPs for more legal rights for families of missing people.”

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BBC News, 1st March 2011

Source: www.bbc.co.uk

Library campaigners mount legal challenges to closures – The Guardian

Posted March 2nd, 2011 in budgets, judicial review, libraries, news by sally

“Pressure is building on culture secretary Jeremy Hunt over library closures, with the mounting of two new legal challenges.”

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The Guardian, 1st March 2011

Source: www.guardian.co.uk

Classifying offenders could lead to criminal justice revolution – The Guardian

Posted March 2nd, 2011 in budgets, criminal justice, news, statistics by sally

“Imagine being able to predict which offenders will go on to commit serious crimes. Juliet Rix on a new system that could have a drastic impact on the justice system.”

Full story

The Guardian, 2nd March 2011

Source: www.guardian.co.uk