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.”

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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.”

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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.”

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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

ID cards go up in flames in first step to tackle ‘database state’ – The Independent

Posted February 10th, 2011 in criminal records, data protection, DNA, identity cards, news by sally

“Identity cards will be consigned to history today as the database recording the biometric details of thousands of people goes up in flames. Hard disk drives from the national identity register, which underpinned the ID card scheme, will be shredded and incinerated in a symbolic demonstration of efforts to rein back the ‘database state’ and restore civil liberties.”

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The Independent, 10th February 2011

Source: www.independent.co.uk

The Twitter era of court reporting is here, despite the risk of prejudice – The Guardian

Posted February 10th, 2011 in consultations, internet, juries, news, telecommunications by sally

“Is there a legitimate demand for the use of live, text-based communications from the courtroom? That’s one of the questions that the Judicial Office for England and Wales is asking in a new consultation paper.”

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The Guardian, 9th February 2011

Source: www.guardian.co.uk

Rape guidelines may prevent unfair prosecutions of those who retract claim – The Guardian

Posted February 10th, 2011 in news, perverting the course of justice, prosecutions, rape, victims by sally

“Tougher measures to prevent women being unfairly prosecuted after making and retracting rape claims are to be announced under new guidelines from the director of public prosecutions, Keir Starmer.”

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The Guardian, 10th February 2011

Source: www.guardian.co.uk

Embrace electronic working, criminal law solicitors told – Law Society’s Gazette

“The Law Society has called on criminal law firms to embrace electronic working, as the Crown Prosecution Services seeks to become completely digital by April 2012.”

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Law Society’s Gazette, 9th February 2011

Source: www.lawgazette.co.uk

Changing commercial climate puts lawyers’ ethics under microscope – The Guardian

Posted February 9th, 2011 in alternative business structures, law firms, news, professional conduct by sally

“With non-lawyers set to own law firms and alternative business structures on the way, sceptics fear ethics could be sacrificed.”

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The Guardian, 9th February 2011

Source: www.guardian.co.uk

Give your views on sentencing – Ministry of Justice

Posted February 9th, 2011 in consultations, news, sentencing by sally

“There’s just 23 days left to respond to the Government’s Green Paper on sentencing and rehabilitation of offenders and to give your views on how justice should be delivered.”

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Ministry of Justice, 9th February 2011

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted February 9th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Windsor & Ors v Crown Prosecution Service [2011] EWCA Crim 143 (08 February 2011)

Creed, R. v [2011] EWCA Crim 144 (08 February 2011)

Court of Appeal (Civil Division)

Richardson v Richardson [2011] EWCA Civ 79 (08 February 2011)

High Court (Patents Court)

Mölnlycke Health Care AB v Brightwake Ltd (t/a Advancis Medical) [2011] EWHC 140 (Pat) (26 January 2011)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted February 9th, 2011 in legislation by sally

The Investment Bank (Amendment of Definition) Order 2011

The Authorised Investment Funds (Tax) (Amendment) Regulations 2011

The Investment Bank Special Administration Regulations 2011

The Social Security (Contributions) (Amendment) Regulations 2011

The Food (Jelly Mini-Cups) (Emergency Control) (England) (Revocation) Regulations 2011

The Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011

Source: www.legislation.gov.uk

Protecting Human Rights In An Age Of Insecurity – Speech by Lord Neuberger of Abbotsbury

Posted February 9th, 2011 in human rights, speeches by sally

Protecting Human Rights In An Age Of Insecurity (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Commonwealth Law Conference, 7th February 2011

Source: www.judiciary.gov.uk

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government – WLR Daily

Posted February 9th, 2011 in judicial review, law reports, planning, regional strategies by sally

R (Cala Homes (South) Ltd) (No 2) v Secretary Of State for Communities and Local Government [2011] EWHC 97 (Admin); [2011] WLR (D) 39

“A stated intention by the Government to abolish regional strategies and to promote legislation for that purpose was capable in law of constituting, for the purposes of section 70(2) of the Town and Country Planning Act 1990, a ‘material consideration’ to which planning authorities could have taken regard in making determinations of applications for planning permission. The Secretary of State’s announced intention to abolish regional strategies did not compromise the duty of local planning authorities under section 19 of the Planning and Compulsory Purchase Act 2004 (as amended) to have regard to regional strategies when preparing a development plan or any other local development document.”

WLR Daily, 8th 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.

Hydropool Hot Tubs Ltd v Roberjot and another – WLR Daily

Posted February 9th, 2011 in affidavits, civil procedure rules, contempt of court, law reports by sally

Hydropool Hot Tubs Ltd v Roberjot and another [2011] EWHC 121 (Ch); [2011] WLR (D) 38

“CPR r 32.14 had no application to an allegation of contempt by knowingly swearing a false affidavit.”

WLR Daily, 7th 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.

Sisters sentenced for killing father over contents of safe – The Guardian

Posted February 9th, 2011 in domestic violence, murder, news, sentencing by sally

“Two teenage sisters described by a judge as ‘Judas-like and wicked’ have been given lengthy jail sentences for the brutal murder of their father.”

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The Guardian, 8th February 2011

Source: www.guardian.co.uk

MPs expected to deny prisoners the right to vote – The Guardian

Posted February 9th, 2011 in elections, news, prisons by sally

“The government is resigned to being told by parliament not to give prisoners the right to vote nor to pay compensation to British prisoners denied that right.”

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The Guardian, 8th February 2011

Source: www.guardian.co.uk