A fifth of female lawyers choose kids over careers – The Lawyer

“The pressure of motherhood is the reason that 20 per cent of all female departees decide to leave some of the UK’s top 50 firms.”

Full story

The Lawyer, 8th February 2010

Source: www.thelawyer.com

Iraq war was illegal, says former lord chief justice – The Guardian

“The Guardian once ­described Lord ‘call me Tom’ Bingham as ‘the radical who is leading a new English revolution’. That would not ­necessarily be your impression on meeting the gentlemanly, old-school 76-year-old who, when I arrive at his tall-ceilinged, book-lined, art-filled mansion flat in Notting Hill, west ­London, immediately makes me ­ coffee, served in a silver pot. If this is ­revolution, it will not be instant.”

Full story

The Guardian, 8th February 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Radical cleric’s home seized to pay legal bills – The Independent

“Legal aid bosses have seized the house belonging to radical cleric Abu Hamza to pay off his legal bills, it was revealed today.”

Full story

The Independent, 9th February 2010

Source: www.independent.co.uk

Webcam user jailed for inciting US woman to abuse child – BBC News

“A 19-year-old man from the West Midlands has been jailed for four years and eight months for inciting a mother in the US to abuse her own child.”

Full story

BBC News, 8th February 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Fidler v Secretary of State for Communities and Local Government and Another – Times Law Reports

Fidler v Secretary of State for Communities and Local Government and Another

Queen’s Bench Division

“The erection and removal of straw bales, which concealed a new dwelling constructed without planning permission, formed part of the totality of building operations originally contemplated and intended to be carried out by the claimant.”

The Times, 9th February 2010

Source: www.timesonline.co.uk

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another – Times Law Reports

Welwyn Hatfield Council v Secretary of State for Communities and Local Government and Another

Court of Appeal

“A local planning authority could not bring enforcement proceedings against the unlawful construction of a dwelling house on a farm in breach of planning permission which was granted for the purpose of erecting a barn.”

The Times, 9th February 2010

Source: www.timesonline.co.uk

Asset-freezing terror Bill rushed through Commons – BBC News

“Emergency legislation has been rushed through the House of Commons that will allow the assets of suspected terrorists to be frozen.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Better worker rights laws urged to tackle poverty – BBC News

“Laws protecting workers’ rights must be improved to tackle poverty, according to the Joseph Rowntree Foundation.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Man ‘breached Asbo by dressing as a schoolgirl’ – Daily Telegraph

“A man is to stand trial charged with breaching an Asbo which bans him from dressing up as a schoolgirl.”

Full story

Daily Telegraph, 8th February 2010

Source: www.telegraph.co.uk

Wealthy landowner jailed for life for murdering estranged wife – The Guardian

“A judge today criticised a wealthy landowner for not revealing where he had hidden the body of his estranged wife after he murdered her.”

Full story

The Guardian, 8th February 2010

Source: www.guardian.co.uk

Spies must seek ministerial green light to pay bribes, Lords rules – Daily Telegraph

“Spies will have to seek permission from ministers before paying bribes to “contacts”, the House of Lords has ruled.”

Full story

Daily Telegraph, 9th February 2010

Source: www.telegraph.co.uk

Pitt and Jolie to sue News of the World over ’split’ story – The Guardian

“Claim of separation ‘false as well as intrusive’, say lawyers, as Pitt and Jolie begin action in London high court.”

Full story

The Guardian, 9th February 2010

Source: www.guardian.co.uk

The Big Question: What is parliamentary privilege, and is it being abused? – The Independent

“Why are we asking this now?

Three Labour MPs, Elliot Morley, David Chaytor, Jim Devine and a Tory peer, Lord Hanningfield, have been charged with false accounting over their expenses claims. They deny the offences and are trying to avoid a criminal trial by invoking the 1689 Bill of Rights which gives force to parliamentary privilege. This is the privilege which stops MPs and peers from being sued for defamation.”

Full story

The Independent, 9th February 2010

Source: www.independent.co.uk

Dannii Minogue privacy complaint upheld – BBC News

“The press watchdog has upheld two complaints from X Factor judge Dannii Minogue against the Daily Mirror and Daily Record over invasion of privacy.”

Full story

BBC News, 9th February 2010

Source: www.bbc.co.uk

Ali Dizaei sentenced to four years in jail – The Guardian

“The most senior British police officer ever convicted of corruption offences was starting a four-year prison sentence ­yesterday after a jury found he had tried to frame an innocent man and told a series of lies in an attempt to cover up his abuse of office.”

Full story

The Guardian, 9th February 2010

Source: www.guardian.co.uk

Sikh ‘ceremonial daggers’ should be allowed in schools, says judge – Daily Telegraph

“Sikh pupils should be allowed to carry ceremonial daggers, Britain’s first Asian judge has said, following a case in which a 14-year-old was excluded for insisting on bringing his Kirpan blade to school.”

Full story

Daily Telegraph, 8th February 2010

Source: www.telegraph.co.uk

Bar Council to launch legal action against MoJ – Law Society’s Gazette

“The Bar Council and the Criminal Bar Association are set to take the government to court for the first time in 20 years over what they claim are ‘inadequate and unfair’ consultations on new fees for criminal legal aid work.”

Full story

Law Society’s Gazette, 8th February 2010

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Recent Statutory Instruments – OPSI

Professional discipline – challenges for the future – speech by Lord Neuberger

“Professional discipline – challenges for the future – speech at the Disciplinary Conference 2010, 5th February 2010.”

Full speech

Judiciary of England and Wales, 5th February 2010

Source: www.judiciary.gov.uk

Review of control orders report published – Home Office

“Lord Carlile, the independent reviewer of terrorism legislation, has published his fifth annual report on the operation of the Prevention of Terrorism Act 2005.”

Full press release

Home office, 1st February 2010

Source: www.homeoffice.gov.uk

Statement from Keir Starmer QC, Director of Public Prosecutions, on parliamentary expenses charging decisions – Crown Prosecution Service

“Following widespread concerns about the expenses claimed by some MPs and some members of the House of Lords, a number of complaints were made to the Metropolitan Police alleging criminal conduct. In light of these complaints on 15 May 2009, the Commissioner of the Metropolitan Police, Sir Paul Stephenson, and I agreed to set up a panel of senior police officers and senior prosecuting lawyers to assess the complaints and consider whether there should be a criminal investigation into any of them.”

Full press release

Crown Prosecution Service, 5th February 2010

Source: www.cps.gov.uk

NML Capital Ltd v Republic of Argentina – WLR Daily

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

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

Shah and another v HSBC Private Bank (UK) Ltd – WLR Daily

Shah and another v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31; [2010] WLR (D) 27

“Where a bank claimed, for the purposes of the Proceeds of Crime Act 2002, to entertain ’suspicion’ about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, a customer might be entitled to proceed with a claim in breach of contract or duty.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

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

R (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily

R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26

“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’  in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

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

Attorney General’s Reference (No 79 of 2009) – WLR Daily

Attorney General’s Reference (No 79 of 2009) [2010] WLR (D) 25

“In considering whether a sentence was unduly lenient the question for the Court of Appeal was whether the sentencing judge had, on the material presented to the Crown Court, erred in principle.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

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

R (Degainis) v Secretary of State for Justice – WLR Daily

R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24

 ”When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk 

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

National Navigation Co v Endesa Generacion SA – Times Law Reports

National Navigation Co v Endesa Generacion SA

Court of Appeal

“A judgment by a member state of the European Union, which ruled that an arbitration clause had not been incorporated into a contract and that proceedings should not be declined for that reason, although not on the merits of the case, was one that had to be enforced so that the English court was prevented from deciding the point differently.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

Attorney General: Keynote Speech – CPS National Schools Project Launch – Attorney General’s Office

“Attorney General: Keynote Speech – CPS National Schools Project Launch.”

Full speech

Attorney General’s Office, 4th February 2010

Source: www.attorneygeneral.gov.uk

Attorney General: Delivering an Excellent Public Prosecution Service – Attorney General’s Office

“Attorney General’s speech to CPS National Schools Project Launch – 4th February 2010.”

Full speech

Attorney General’s Office, 3rd February 2010

Source: www.attorneygeneral.gov.uk

Joint Bar Council / CBA Response to the LSC VHCC Paper – The Bar Council

“Joint response by the Bar Council and the Criminal Bar Association to the Legal Services Commission VHCC paper.”

Full response

The Bar Council, 7th February 2010

Source: www.barcouncil.org.uk

Bar Council Moves Toward Judicial Review of Government’s Consultations on Criminal Legal Aid – The Bar Council

“The Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively.  The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims.  The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair.”

Full press release

The Bar Council, 5th February 2010

Source: www.barcouncil.org.uk

Cycling company wrong to suggest Olympian’s endorsement, rules ad watchdog – OUT-LAW.com

“An Olympic medal-winning cyclist has had her objection to being used in a bicycle chain advertisement upheld by advertising regulator the Advertising Standards Authority (ASA).”

Full story

OUT-LAW.com, 4th February 2010

Source: www.out-law.com

HP ordered to pay £200m within two weeks in interim damages ruling – OUT-LAW.com

“The High Court has ordered Hewlett-Packard to pay BSkyB £200 million in interim damages, according to press reports. The interim award follows a ruling last week over a contract tendering process.”

Full story

OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

Irrationality did not undermine TV menu ranking decision, finds Court of Appeal – OUT-LAW.com

“A broadcasting platform did not break the rules on the placing of stations in its electronic programme guide (EPG) even though its decision was partly irrationally based and it used criteria not specifically listed in its policy.”

Full story

OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

Heathrow airport expansion e-mails investigated – BBC News

“The Department for Transport (DfT) is facing an ‘intensive investigation’ over claims e-mails about the expansion of Heathrow Airport were deleted.”

Full story

BBC News, 7th February 2010

Source: www.bbc.co.uk

Sikh judge Sir Mota Singh criticises banning of Kirpan – BBC News

“Sikhs should be allowed to wear their ceremonial daggers – known as Kirpans – to school and other public places, Britain’s first Asian judge has said.”

Full story

BBC News, 8th February 2010

Source: www.bbc.co.uk

Serial claimant’s bonanza from ‘ageist’ job ads – The Times

“A serial litigant is believed to have earned thousands of pounds by bombarding employers with claims of ageism simply because they used the words ’school leaver’ or ‘recent graduate’ in job advertisements.”

Full story

The Times, 7th February 2010

Source: www.timesonline.co.uk

You are a lawyer, a woman and have a family — and the big firms cannot tempt you with a partnership – The Times

“Fewer than a third of new partners appointed in Britain’s biggest law firms over the past three years are women, according to new research. The number of female promotions was even lower in the ‘magic circle’  firms, with women taking up only one in five new partnership roles in the City’s legal elite.”

Full story

The Times, 8th February 2010

Source: www.timesonline.co.uk

Jack Straw returns to Iraq Inquiry as Alastair Campbell accuses BBC – The Times

“Jack Straw will be asked today to explain why he prevented the Cabinet from seeing the full advice on the legality of the Iraq war before they voted to back the invasion.”

Full story

The Times, 8th February 2010

Source: www.timesonline.co.uk

Justice for the Wounded: Better payouts for injured troops – Daily Telegraph

“Wounded troops are to be given increased compensation payments following an outcry over attempts by the Ministry of Defence to limit pay-outs.”

Full story

Daily Telgraph, 7th February 2010

Source: www.telegraph.co.uk

Foreign student visas to be slashed, Alan Johnson announces – Daily Telegraph

“Alan Johnson, the Home Secretary, is bringing in tougher rules, including demanding that applicants be able to speak passable English and banning those enrolling for short courses from bringing dependants.”

Full story

Daily Telegraph, 8th February 2010

Source: www.telegraph.co.uk

Lawyer jailed over £6m airline scam – The Independent

“A high-flying City lawyer who conned millions of pounds from her bank bosses to help a friend’s ailing airline has been jailed for five years.”

Full story

The Independent, 6th February 2010

Source; www.independent.co.uk

‘Hold inquiry into Army abuse in Iraq’ – The Independent

“Ministers have been told by a senior judge to consider opening an independent inquiry into all allegations of abuse made by Iraqi civilians against the British Army. The move could lead to the biggest investigation into military malpractice ever heard in this country.”

Full story

The Independent, 8th February 2010

Source: www.independent.co.uk

Exiled billionaire Berezovsky begins libel battle over claim he killed Litvinenko – The Guardian

“Boris Berezovsky, a fierce critic of the Kremlin who claimed asylum in the UK in 2003, is suing Vladimir Terluk over ­comments he made on a Russian news programme in April 2007. In the interview, Terluk – under the pseudonym ‘Pyotr’ – claimed Berezovsky was responsible for Litvinenko’s radiation poisoning. The allegation has also been made by Andrei Lugovoi, a former KGB officer whom the British government has named as their prime suspect for the murder.”

Full story

The Guardian, 7th February 2010

Source: www.guardian.co.uk

Motown tribute case to test UK libel law – The Guardian

“Media organisations hope judgment will clear away tangle of legal complexities around defence of fair comment.”

Full story

The Guardian, 7th February 2010

Source: www.guardian.co.uk

Special Forces chief battles to stop book revealing details of operations in Iraq – The Times

“The head of Britain’s special forces has been trying to stop the publication of a book by a senior BBC journalist which describes in ‘tactical detail’ operations carried out by the SAS in Iraq from 2003 to 2009.”

Full story

The Times, 8th February 2010

Source: www.timesonline.co.uk

Unlawful anti-terror powers planned for use during 2012 Olympics – The Times

“Police are planning to use an anti-terror law deemed unlawful by the European Court of Human Rights across the country during the London Olympics, The Times has learnt.”

Full story

The Times, 8th February 2010

Source: www.timesonline.co.uk

Lord Goldsmith told two different truths, says legal expert – The Observer

“Fresh questions have been raised about how Lord Goldsmith, the former attorney general, came to back the use of military force in Iraq after one of the UK’s leading legal experts highlighted apparent contradictions in his testimonies before two official inquiries.”

Full story

The Observer, 7th February 2010

Source: http://observer.guardian.co.uk

Prisoners ‘could sue’ if denied vote in general election – The Observer

“Tens of thousands of prisoners could sue if they are not allowed to vote in this year’s general election, the government is being warned.The UK, one of the few countries in the world to impose a blanket ban on prisoners voting, must give those held behind bars the vote in order to comply with a European legal ruling, dating back six years. However, ministers have been procrastinating on the issue, fearing that it will prove unpopular with the electorate.”

Full story

The Observer, 7th February 2010

Source: http://observer.guardian.co.uk

Greater court protection for homeowners: consultation – Ministry of Justice

“A consultation on whether homeowners who have failed to repay consumer credit debts should have accrued a minimum level of debt before a court can order the sale of their home has been released today.”

Full story

Ministry of Justice, 5th February 2010

Source: www.justice.gov.uk

Three Labour MPs and one Tory peer face expenses abuse charges – The Guardian

“Three Labour MPs and a Tory peer will face criminal charges over alleged abuses of their expenses, it was announced today.”

Full story

The Guardian, 5th February 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

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