Digital rights group criticises EU proposal to impose illicit content censorship – OUT-LAW.com

“EU proposals to force internet service providers (ISPs) to block illicit content are not clear, would restrict freedom of speech and impose censorship across Europe, the European Digital Rights group (EDRi) says.”

Full story

OUT-LAW.com, 6th May 2011

Source: www.out-law.com

PCC seeks to regulate press Twitter feeds – The Guardian

“Reporter and newspaper Twitter feeds are expected to brought under the regulation of the Press Complaints Commission later this year, the first time the body has sought to consolidate social media messages under its remit.”

Full story

The Guardian, 6th May 2011

Source: www.guardian.co.uk

Nazi art records published online – Ministry of Justice

“The National Archives (TNA) will publish an international online catalogue of looted art taken by the Nazis for the first time.”

Full story

Ministry of Justice, 6th May 2011

Source: www.justice.gov.uk

July 7 inquest: coroner’s recommendations – The Guardian

“Lady Justice Hallett has produced a series of recommendations under rule 43 of the Coroners Rules 1984.”

Full story

The Guardian, 6th May 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

High Court (Chancery Division)

Phoenix Property Investors Ltd v Grange Securities Ltd [2011] EWHC 1131 (Ch) (05 May 2011)

Kingspan Group Plc & Anor v Rockwool Ltd (on costs) [2011] EWHC 1065 (Ch) (14 April 2011)

High Court (Family Division)

L (A Child: Media Reporting), Re [2011] EWHC B8 (Fam) (18 April 2011)

High Court (Commercial Court)

DSG International Sourcing Ltd & Anor v Universal Media Corporation (Slovakia) SRO [2011] EWHC 1116 (Comm) (05 May 2011)

High Court (Technology and Construction Court)

Barr & Ors v Biffa Waste Services Ltd [No 4] [2011] EWHC 1107 (TCC) (19 April 2011)

Source: www.bailii.org

Sharif v Camden London Borough Council – WLR Daily

Sharif v Camden London Borough Council [2011] EWCA Civ 463; [2011] WLR (D) 148

“A local housing authority’s duty under section 193(2) of the Housing Act 1996 to secure that accommodation was available for occupation by a homeless applicant was not discharged by providing two self-contained flats with no shared communal living areas, one for occupation by the applicant and her sister and the other for occupation by her father, because such accommodation was not available for occupation by the applicant together with any other persons who normally resided with her as members of her family within the meaning of section 176 of the 1996 Act.”

WLR Daily, 20th April 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.

BSB gives go ahead for barristers to sue solicitors over fees – Law Society’s Gazette

“The Bar Standards Board has given the green light for the introduction of standard contractual terms that will enable barristers to sue solicitors for unpaid fees.”

Full story

Law Society’s Gazette, 5th May 2011

Source: www.lawgazette.co.uk

Bar Council Officers 2012 – The Bar Council

“The Bar Council, which represents barristers in England and Wales, has announced the appointment of its future Chairman and Treasurer, following election by fellow Council members.”

Full story

The Bar Council, 5th May 2011

Source: www.barcouncil.org.uk

Legal grounds for intervention in Libya? – Law Society’s Gazette

“In the midst of rapid developments at the diplomatic and military level concerning the Gaddafi regime, it is important to remember that Libya is no stranger to UN sanctions or bombing by NATO member state warplanes.”

Full story

Law Society’s Gazette, 6th May 2011

Source: www.lawgazette.co.uk

LSB consults on appeal arrangements for SRA as a licensing authority – Legal Services Board

“The Legal Services Board (LSB) has today published a consultation on proposals to establish the appeals mechanism in relation to decisions made by the Solicitors Regulation Authority (SRA) should it be designated as a Licensing Authority under the Alternative Business Structures (ABS) framework. Annexed to the consultation is an impact assessment.”

Full story

Legal Services Board, 5th May 2011

Source: www.legalservicesboard.org.uk

Websites should notify EU users about privacy breaches, says justice commissioner – OUT-LAW.com

“Europe-wide laws which require telecommunications companies to notify users if their data is at risk should be extended, the European justice commissioner has said.”

Full story

OUT-LAW.com, 5th May 2011

Source: www.out-law.com

Will ruling opens way for family claims – Law Society’s Gazette

“Family members who are snubbed in a relative’s will in favour of charities could find it easier to lay claim to the estate following a recent judgment.”

Full story

Law Society’s Gazette, 6th May 2011

Source: www.lawgazette.co.uk

Armed Forces vote delayed – Daily Telegraph

“New laws on the treatment of the Armed Forces have been delayed, prompting speculation that ministers are about to retreat over the military covenant.”

Full story

Daily Telegraph, 5th May 2011

Source: www.telegraph.co.uk

#WithoutPrejudice 5: Bin Laden assassination – Ian Tomlinson G20 – The Bribery Act – Access to practice in The City – Charon QC

#WithoutPrejudice 5: Bin Laden assassination – Ian Tomlinson G20 – The Bribery Act – Access to practice in The City

Podcast

Charon QC, 6th May 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

MP granted super-injunction – The Independent

“A serving MP may have taken out a super-injunction preventing details of their activities being exposed, it was disclosed today (5 May).”

Full story

The Independent, 5th May 2011

Source: www.independent.co.uk

7/7 inquests: MI5 anxiously awaits coroner’s verdict – The Guardian

“The coroner of the 7 July inquests, Lady Justice Hallett, will reveal today how she has responded to relatives of the victims who say MI5 could have taken steps to prevent the bombings, and the security service’s insistence that it cannot be blamed.”

Full story

The Guardian, 6th May 2011

Source: www.guardian.co.uk

Paralysed woman sues Farnham pool owner for £6m – BBC News

“A woman who hit her head on the bottom of a swimming pool during a party in Surrey and was left paralysed is suing the owner for £6m at the High Court.”

Full story

BBC News, 5th May 2011

Source: www.bbc.co.uk

How to create a privacy law – The Guardian

“If we want a law of privacy, what should happen next? There are four possibilities.”

Full story

The Guardian, 5th May 2011

Source: www.guardian.co.uk

Lawyers are right to be cautious about going public – The Guardian

“The rewards can be big, but firms seeking to become public companies face significant hurdles.”

Full story

The Guardian, 5th May 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Raphael (t/a Orleans), R (on the application of) v Highbury Corner Magistrates Court & Anor [2011] EWCA Civ 462 (20 April 2011)

AS v London Borough of Camden [2011] EWCA Civ 463 (20 April 2011)

High Court (Technology and Construction Court)

Kingfisher Builders v Sear [2011] EWHC 1122 (TCC) (04 May 2011)

Source: www.bailii.org

More Effective Responses to Anti-Social Behaviour – The Sentencing Council’s response to the Government’s consultation – Sentencing Council

“The Sentencing Council has responded to the Home Office’s consultation on anti-social behaviour. The Council’s response comprises its views on those topics within the consultation that relate to sentencing.”

Response from the Sentencing Council (PDF)

Sentencing Council, 4th May 2011

Source: http://sentencingcouncil.judiciary.gov.uk

Volunteer could not claim disability discrimination because he had no employment contract, judge rules

“A paid army volunteer could not claim he had been discriminated against due to disability when work for the army stopped because he did not have an employment contract, an employment appeal tribunal judge has ruled.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

Ian Tomlinson officer’s hearing to take place in public – The Guardian

“PC Simon Harwood, the police officer who inadvertently killed Ian Tomlinson at the G20 protests, will be forced to explain his actions for the second time in public after a rare move to hold his disciplinary proceedings in the open.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Gosport woman jailed for husband’s penthouse stab death – BBC News

“A woman who stabbed her husband to death in their luxury Hampshire penthouse flat after rowing over their buy-to-let empire has been jailed.”

Full story

BBC News, 4th May 2011

Source: www.bbc.co.uk

Suicide drugs could be made available over the counter if euthanasia laws are changed – Daily Telegraph

“Suicide drugs could be made available from pharmacists if assisted dying was legalised, two of Britain’s most highly-regarded legal and medical experts have claimed.”

Full story

Daily Telegraph, 5th May 2011

Source: www.telegraph.co.uk

Police beat and kicked Muslim terror suspect during arrest, court hears – The Guardian

“A British Muslim man accused of raising funds for terrorist organisations was subjected to a ‘sustained and very violent assault’ during his arrest by four specialist officers from the Metropolitan police, a court has heard.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

Penhallow Hotel owners fined £80k for safety breaches – BBC News

“The owners of a Cornish hotel destroyed by fire have been fined £80,000 and ordered to pay £62,000 costs for failing to meet fire safety standards.”

Full story

BBC News, 4th May 2011

Source: www.bbc.co.uk

Teenage deaths in prison cause mounting concern – The Guardian

“Campaigners have voiced mounting concern over the recent deaths of five teenagers in five jails across England in just five weeks. In the latest case, Ryan Clark, aged 17, was found hanging in his cell at Wetherby young offenders’ institution, near Leeds, while on remand on 18 April. He was the first person under the age of 18 to die in prison custody for more than three and a half years.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Massive fall in child abuse deaths linked to new protection policies – The Independent

“Child deaths from abuse have fallen dramatically over the past 30 years, new figures show. With social workers frequently vilified after the death of a child at the hands of adult guardians, the findings – published in Archives of Disease in Childhood – act as tribute to the success of child protection policies and those who implement them.”

Full story

The Independent, 5th May 2011

Source: www.independent.co.uk

Couple await supreme court decision over sale of house they shared – The Guardian

“A bungalow in Essex is at the heart of a test case over how unmarried partners who split up should divide their property.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Court to rule on unmarried couples’ property rights – BBC News

“The Supreme Court is hearing a case which could have a dramatic effect on the property rights of unmarried couples who split up.”

Full story

BBC News, 4th May 2011

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Thetford Range Byelaws 2011

The Equality Act 2010 (Specification of Relevant Welsh Authorities) Order 2011

The Care Homes (Wales) (Miscellaneous Amendments) Regulations 2011

The Water (Prevention of Pollution) (Code of Good Agricultural Practice) (Wales) Order 2011

The Reporting of Prices of Milk Products (Wales) Regulations 2011

The Vegetable Seed (Wales) (Amendment) Regulations 2011

The Tax Credits (Approval of Child Care Providers) (Wales) (Amendment) Scheme 2011

The Beef and Veal Labelling (Wales) Regulations 2011

The Child Measurement Programme (Wales) Regulations 2011

The Waste (Miscellaneous Provisions) (Wales) Regulations 2011

The Social Care Charges (Review of Charging Decisions) (Wales) Regulations 2011

The Trade in Animals and Related Products Regulations 2011

The Poultry Health Scheme (Fees) Regulations 2011

The National Health Service (Primary Dental Services) (Miscellaneous Amendments) Regulations 2011

The Registration of Marriages (Amendment) Regulations 2011

The Civil Partnership (Registration Provisions) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

Belief is not always a good thing in an advocate – The Guardian

“Objectivity could be lost when lawyers are committed to cases such as those alleging religious discrimination.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Child’s right to privacy in danger if redacted documents were publishable, court says – OUT-LAW.com

“Redacted information in a document that can be easily deciphered and contains personal information about a child should be prevented from being published in the media, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

Information Commissioner gets new powers to fine for spam emails – OUT-LAW.com

“Organisations that make unwanted marketing phone calls or send spam emails to consumers could face fines of up to £500,000, the Government has warned.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

Sumption and Wilson confirmed as new Supreme Court justices – The Lawyer

“The Supreme Court has confirmed the appointment of Jonathan Sumption QC as one of two new justices for the UK’s highest court.”

Full story

The Lawyer, 4th May 2011

Source: www.thelawyer.com

BAILII: Recent Decisions

High Court (Chancery Division)

Eurodis Electron Plc & Ors, Re The Insolvency Act 1986 [2011] EWHC 1025 (Ch) (19 April 2011)

High Court (Patents Court)

Dayco Europe SRL v Gates Unitta Asia Company & Ors [2011] EWHC 99 (Pat) (26 January 2011)

Source: www.bailii.org

Equality Act disability guidance comes into force – OUT-LAW.com

“Government guidance on factors which should be taken into account when deciding whether someone has a disability is now in force.”

Full story

OUT-LAW.com, 3rd May 2011

Source: www.out-law.com

LSB consults on process for reviewing decisions about licensing applications – Legal Services Board

“As part of the next stages of completing the licensing regime for Alternative Business Structures (ABS) the LSB has today published a new consultation focusing on reviewing decisions about licensing applications.”

Full story

Legal Services Board, 3rd May 2011

Source: www.legalservicesboard.org.uk

Police officer who struck Ian Tomlinson could face manslaughter trial – The Guardian

“Britain’s most senior prosecutor has said he was considering whether to prosecute the police officer who attacked Ian Tomlinson for manslaughter after an inquest jury found that the newspaper seller had been unlawfully killed.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

High Court challenge to library closures in the West – BBC News

“Two county councils which want to close libraries in the west of England are facing a judicial review.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Councils mount legal challenge over academies cuts – BBC News

“A group of English local authorities are mounting a legal challenge against government budget cuts tied to its academies expansion programme.”

Full story

BBC News, 3rd May 2011

Source: www.bbc.co.uk

Tomlinson inquest: Review to test evidence for a criminal trial – The Guardian

“The director of public prosecutions, Keir Starmer QC, has ordered a review of his decision last year not to prosecute anyone in connection with the death of Ian Tomlinson.”

Full story

The Guardian, 4th May 2011

Source: www.guardian.co.uk

Parliamentary committee suspends intellectual property rights inquiry – OUT-LAW.com

“A parliamentary committee has dropped its inquiry into the Digital Economy Act (DEA) and whether it is the right mechanism to protect copyright on the internet.”

Full story

OUT-LAW.com, 3rd May 2011

Source: www.out-law.com

Ian Tomlinson unlawfully killed, inquest finds – The Guardian

“A jury in the inquest into the death of Ian Tomlinson has concluded he was unlawfully killed by a police officer at the G20 protests.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Multiplex Licence (Broadcasting of Programmes in Gaelic) (Revocation) Order 2011

The Local Justice Areas Order 2011

The Climate Change Levy (Suspension of Transport Exemption) (Revocation) Order 2011

The Digital Economy Act 2010 (Appointed Day No. 1) Order 2011

The Academies Act 2010 (Commencement No. 2) Order 2011

The Air Navigation (Restriction of Flying) (Royal Wedding) Regulations 2011

The Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011

The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011

Source: www.legislation.gov.uk

Bar Standards Board to allow barristers to conduct litigation – Law Society’s Gazette

“The Bar Standards Board has approved proposals to regulate advocacy focused legal entities and allow barristers to conduct litigation.”

Full story

Law Society’s Gazette, 3rd May 2011

Source: www.lawgazette.co.uk

Employment law changes would shift balance in bosses’ favour – The Guardian

“If the government pushes ahead with plans to double the one-year qualifying period, employees could have to work for two years before having the right to claim unfair dismissal.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011

The Equality Act 2010 (Guidance on the Definition of Disability) Appointed Day Order 2011

Source: www.legislation.gov.uk

Christian Legal Centre fights more than 50 religious discrimination cases – The Guardian

“The Christian group that backed an electrician in his battle to display a crucifix in his company van says it now has more than 50 similar cases on its books.”

Full story

The Guardian, 1st May 2011

Source: www.guardian.co.uk

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

Okafor v Secretary of State for the Home Department [2011]EWCA Civ 499; [2011] WLR (D) 146

“Where a EU citizen resident in the United Kingdom had died before acquiring a right to permanent residence her family members did not have rights to permanent residence simply by having resided for five years under a lawful residence permit. If a person no longer had a right to reside in the United Kingdom, the fact that the Secretary of State had not cancelled the document which initially granted that right could not establish a right of lawful residence under national law.”

WLR Daily, 20th April 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 Standards Board to regulate entities – Bar Standards Board

“At its most recent Board meeting, the regulator of the Bar in England and Wales took the decision to regulate advocacy focussed Alternative Business Structures, Legal Disciplinary Practices and Barrister Only Entities, collectively referred to as ‘entities’. It will not extend its remit to regulate Multi-Disciplinary Practices.”

Full story

Bar Standards Board, 28th April 2011

Source: www.barstandards.org.uk

Protester to sue police over secret surveillance – The Guardian

“An 86-year-old man has been granted permission to launch a lawsuit against police chiefs who have classified him as a ‘domestic extremist’ and kept a detailed record of his political activities on a clandestine database.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk

Universities just cannot afford law suits – The Guardian

“Universities must look at mediation to settle disputes rather than spending vast sums of money, time and energy fighting claims by staff or students.”

Full story

The Guardian, 3rd May 2011

Source: www.guardian.co.uk


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