Legal News

Control orders: what are they and why do they matter? ? Legal Week

Posted on January 06, 2011
“The Deputy Prime Minister Nick Clegg is to make an announcement today on the future of control orders, a controversial anti-terrorism measure which have been repeatedly found by the court to infringe human rights. But what are they? And why have they caused such trouble since they were introduced?” Full story Legal Week, 6th January [...

BAILII: Recent Decisions

Posted on January 06, 2011
Court of Appeal (Criminal Division) Favell, R. v [2010] EWCA Crim 2948 (26 November 2010) Hill, R. v [2010] EWCA Crim 2999 (26 November 2010) Pinnell & Anor, R. v [2010] EWCA Crim 2848 (07 December 2010) Source: www.bailii.org

?Bully claim? Essex dinner lady was unfairly sacked ? BBC News

Posted on January 06, 2011
“An Essex dinner lady sacked after telling a couple their child had been bullied was dismissed unfairly, a tribunal has ruled.” Full story BBC News, 6th January 2011 Source: www.bbc.co.uk

Prominent legal figures give their predictions for 2011 ? Law Society?s Gazette

Posted on January 06, 2011
“No one from whom the Gazette sought a prediction sees the year ahead as dull ? 2011, according to lawyers, people who provide services to the legal profession, a government minister, and the profession?s leaders, will be a year in which the economic context will remain extremely challenging...

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28,000 prisoners will have right to vote ? The Guardian

Posted on January 06, 2011
“More than 28,000 prisoners are to win the right to vote, new figures showed yesterday, as David Cameron faces a growing revolt from the Tory right against the lifting of the 140-year-old ban on inmates voting in British elections.” Full story The Guardian, 5th January 2011 Source: www...

Ratcliffe coal protesters spared jail sentences ? The Guardian

Posted on January 06, 2011
“Environmental activists who planned to shut down a coal-fired power station near Nottingham were spared jail today after a judge declared they acted with ‘the highest possible motives’.” Full story The Guardian, 5th January 2011 Source: www...

Ex-KGB agent sues MI5 over ?privacy breach? ? The Independent

Posted on January 06, 2011
“A former senior KGB agent is suing MI5 over invasion of his privacy, alleging his family members were victims of a campaign of harassment and unlawful surveillance.” Full story The Independent, 6th January 2011 Source: www.independent.co...

Chancery Lane warns against publication of complaints ? Law Society?s Gazette

Posted on January 06, 2011
“Reporting the names of lawyers and law firms who have been the subject of complaints by the public will disproportionately affect sole practitioners and black and minority ethnic (BME) lawyers, according to the Law Society.” Full story Law Society’s Gazette, 5th January 2011 Source: www...

Human embryos ?at risk of losing legal protection? in research ? The Guardian

Posted on January 06, 2011
“The human embryo may be in danger of losing the special status that guards it against use in anything other than important and necessary research, under proposals due out next week.” Full story The Guardian, 5th January 2011 Source: www.guardian...

Freedom of Information could cover hundreds more bodies ? BBC News

Posted on January 06, 2011
“Hundreds more organisations could be made subject to Freedom of Information laws, Deputy PM Nick Clegg is to say.” Full story BBC News, 6th January 2011 Source: www.bbc.co.uk

Incentives to sue to be banned as UK tackles compensation culture ? OUT-LAW.com

Posted on January 06, 2011
“Claims management companies will be prevented from offering clients cash incentives to bring damages claims if a Ministry of Justice (MoJ) proposal to tighten up the rules comes into effect.” Full story OUT-LAW.com, 6th January 2011 Source: www...

Prosecution of driver who warned others of speed trap defended by CPS ? Daily Telegraph

Posted on January 05, 2011
“The Crown Prosecution Service (CPS) has defended its decision to prosecute a driver who flashed his lights at other motorists to warn them of a mobile police speed trap.” Full story Daily Telegraph, 5th January 2011 Source: www.telegraph...

Family mediation ? an alternative to courts ? Ministry of Justice

Posted on January 05, 2011
“The first working day of the year is when lawyers, marriage counsellors and family mediators report the most enquiries from people intending to separate ? which has sometimes led to it being coined ‘Divorce Day’ by the media.” Full story Ministry of Justice, 4th January 2011 Source: www...

Most child offenders should not face court, says report ? BBC News

Posted on January 05, 2011
“The government is being urged to end Crown Court trials for children in England and Wales.” Full story BBC News, 5th January 2011 Source: www.bbc.co.uk

Huscroft v P & O Ferries Ltd ? WLR Daily

Posted on January 05, 2011
Huscroft v P & O Ferries Ltd [2010] EWCA Civ 148; [2010] WLR (D) 348 “CPR r 3.1(3), which permitted a court to attach conditions to the making of an order, was intended to control the future conduct of proceedings and not to punish previous misconduct...

Regina v C ? WLR Daily

Posted on January 05, 2011
Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347 “Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant?s bare assertion that [...

Women win £200,000 payout over pill implant pregnancies ? Daily Telegraph

Posted on January 05, 2011
“Nearly £200,000 in compensation has been paid to women who have become pregnant or been hurt after they were fitted with a popular contraceptive implant.” Full story Daily Telegraph, 5th January 2011 Source: www.telegraph.co.uk

Parliament?s expenses watchdog launches review ? BBC News

Posted on January 05, 2011
“Parliament’s expenses watchdog is launching a public consultation after criticism over the way it is run.” Full story BBC News, 5th January 2011 Source: www.bbc.co.uk

For richer, but not necessarily for poorer ? pre-nups to become law ? The Independent

Posted on January 05, 2011
“Spectacular divorce battles like that which ensued after the break-up of Sir Paul McCartney and the model Heather Mills, costing the former Beatle £24.3m, are expected to be consigned to history after the Law Commission produces its long-awaited report on ‘pre nup’ agreements next week...

Max Mosley?s privacy campaign reaches Strasbourg ? The Guardian

Posted on January 04, 2011
“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.” Full story The Guardian, 4th January 2011 Source: www...

BAILII: Recent Decisions

Posted on January 04, 2011
High Court (Queen’s Bench Division) Abdulla & Ors v Birmingham City Council [2010] EWHC 3303 (QB) (17 December 2010) High Court (Administrative Court) Young v Oxford City Council [2010] EWHC 3337 (Admin) (17 December 2010) Cordant Group Plc, R (on the application of) v Secretary of State for Business, Innovation and Skills & Anor [2010] [...

Recent Statutory Instruments ? legislation.gov.uk

Posted on January 04, 2011
The Family Procedure Rules 2010 The Criminal Procedure (Amendment No. 2) Rules 2010 The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010 The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010 The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010 The Education (Local Authority and School Performance Targets) [...

Man who threw snowball at police faces second court hearing ? The Guardian

Posted on January 04, 2011
“Dean Smith charged with common assault and case adjourned to give CPS time to decide whether to proceed with case.” Full story The Guardian, 3rd January 2011 Source: www.guardian.co.uk

Britain?s anti-terror control orders condemned as ?trademark of despots? ? The Guardian

Posted on January 04, 2011
“A powerful coalition of human rights groups has intensified pressure on the government to abandon its use of control orders, as ministers continue to wrangle over whether to scrap the controversial counter-terrorism measure.” Full story The Guardian, 2nd January 2011 Source: www...

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) ? WLR Daily

Posted on January 04, 2011
Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346 “The state?s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the [...

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) ? WLR Daily

Posted on January 04, 2011
McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345 “Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist...

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar ? WLR Daily

Posted on January 04, 2011
Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar [2010] EWCA Civ 1406; [2010] WLR (D) 344 “A short term of imprisonment on the part of an EEA worker during his first five years in the United Kingdom meant that the time needed to establish a [...

Clift v Slough Borough Council ? WLR Daily

Posted on January 04, 2011
Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343 “Where a public authority had widely disclosed information about a person who had been in contact with its staff, both stating that she had been placed on its violent persons register and enclosing the entry itself, it was relevant, when looking to [...

Regina v Twaite ? WLR Daily

Posted on January 04, 2011
Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342 “Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety...

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department ? WLR Daily

Posted on January 04, 2011
R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341 “R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party [...

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