Archive for August 1st, 2007

Airport ban ‘only for protesters’ - BBC News

“Heathrow operator BAA has denied claims it is seeking to ban million people from using roads and railways near the London airport.”

Full story

BBC News, 1st August 2007

Souce: www.bbc.co.uk

Pub landlord faces first smoking breach case - Reuters

“The first pub landlord charged with flouting the ban on smoking in public places is due to appear in court on Wednesday, a council spokeswoman said.”

Full story

Reuters, 1st August 2007

Source: www.reuters.com

Lords appeal granted in Pentagon hacking case - OUT-LAW.com

“Accused NASA and Pentagon hacker Gary McKinnon has won the right to appeal to the House of Lords over his extradition to the US. The Lords will hear his case, even though they recently refused to hear another US extradition case, that of the ‘Natwest Three’.”

Full story

OUT-LAW.com, 1st August 2007

Source: www.out-law.com

Gurkha-rights test case under way - BBC News

“An immigration tribunal is taking place which could help decide whether 2,000 former Gurkha soldiers in the Army have the right to settle in the UK.”

Full story

BBC News, 1st August 2007

Source: www.bbc.co.uk  

Statistics and Registration Service Act 2007

Statistics and Registration Service Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

In re Officer L and Others - Times Law Reports

When tribunal witness requests anonymity

In re Officer L and Others

House of Lords

“On an application by potential witnesses for anonymity at a public inquiry, the appropriate test was whether a preexisting risk of death to the witness would be materially increased if he were required to give evidence without anonymity.”

The Times, 1st August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (A) v. Liverpool City Council - Times Law Reports

Expert’s report in context

Regina (A) v. Liverpool City Council

Queen’s Bench Division

“A local authority determining the age of an applicant claiming to be a child had to have regard to the whole context and not just rely on a single expert dental report.”

The Times, 1st August 2007

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

R(A) v. Secretary of State for the Home Department - WLR Daily

R(A) v. Secretary of State for the Home Department 

“The Secretary of State had not acted unlawfully in continuing to detain pending removal a failed asylum seeker who, having served a sentence of imprisonment for rape, was considered to be a risk to the public and highly likely to abscond. The period of detention was not unreasonable in the circumstances and where the detainee had refused to return voluntarily and no means were available for his enforced return.”

WLR Daily, 30th July 2007

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.

MT (Algeria) and others v. Secretary of State for the Home Department (Liberty intervening) - WLR Daily

MT (Algeria) and others v. Secretary of State for the Home Department (Liberty intervening) [2007] EWCA Civ 808

“When considering whether an applicant was at risk of torture or ill-treatment contrary to art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms if deported to his home state on the ground of national security the Special Immigration Appeals Commission (’SIAC”’ was entitled to have regard to closed as well as open material in scrutinising the case under the statutory scheme. A person who had been recognised as a refugee could lose his status under art 1F(c) of the Convention and Protocol relating to the Status of Refugees if he were guilty of acts contrary to the purposes and principles of the United Nations after recognition.”

WLR Daily, 30th July 2007

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.

R (Donnachie) v. Cardiff Magistrates’ Court - WLR Daily

R (Donnachie) v. Cardiff Magistrates’ Court [2007] EWHC 1846 (Admin)

“Where a district judge had decided a preliminary issue as to jurisdiction his ruling could properly be challenged by way of case stated or judicial review. An offence under s1(1)(a) of the Trade Descriptions Act 1968 was a separate offence from that created by s1(1)(b) and was committed at the time when an odometer reading was altered. The local authority rather than one of its officers was the prosecutor within the meaning of s19 of the 1968 Act and it discovered an offence under that section when one of its officers first became aware of the offence.”

WLR Daily, 27th July 2007

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.

R v. Cole - WLR Daily

R v. Cole; R v. Keets [2007] EWCA Crim 1924

“The hearsay evidence of a witness who was not available at trial was admissible even if it was the sole or the decisive evidence against a defendant if that was compatible with a fair trial.”

WLR Daily, 30th July 2007 

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.

House of Lords Judgments: What’s new?

Fears over inspectors as home information packs become law - The Guardian

“Home information packs finally become law today amid persistent concerns that house sales could be held up by shortages of home inspectors in certain areas. The new regime is also bedevilled by claims that it is riddled with loopholes that will allow widespread avoidance.”

Full story

The Guardian, 1st August 2007

Source: www.guardian.co.uk

Law Society reaffirms pro bono commitment with two new positions - The Lawyer

“The Law Society is creating two new posts to promote pro bono work.”

Full story

The Lawyer, 30th July 2007

Source: www.thelawyer.com

Forced Marriage (Civil Protection) Act 2007

Forced Marriage (Civil Protection) Act 2007 published

Full text of Act

Source: www.opsi.go.uk

Corporate Manslaughter and Corporate Homicide Act 2007

Corporate Manslaughter and Corporate Homicide Act 2007 published

Full text of Act

Source: www.opsi.gov.uk

Man fined in Hunting Act ‘first’ - BBC News

“A 69-year-old has been fined £200 after what is believed to be the first case in Wales under the Hunting Act 2004.”

Full story

BBC News, 30th July 2007

Source: www.bbc.co.uk

Animal cruelty convictions down - BBC News

“Convictions for animal cruelty in the UK fell by 20% last year, according to new figures released by the RSPCA.”

Full story

BBC News, 31st July 2007

Source: www.bbc.co.uk

Head warning after guilty verdict - BBC News

“A head teacher found guilty of a health and safety breach after a boy fell and later died has said the case could have “profound implications” for teachers.”

Full story

BBC News, 1st August 2007

Source: www.bbc.co.uk

A right to know - biological origins of IVF children to be stated on birth certificates - The Guardian

“Children born from donated sperm or eggs will have the information marked on their birth certificates under sweeping changes to fertility laws proposed by an influential group of ministers and peers yesterday.”

Full story

The Guardian, 1st August 2007

Source: www.guardian.co.uk

Dangerous inmates may go free after court ruling on indefinite sentences - The Times

“Hundreds of dangerous prisoners given indeterminate sentences could be freed from jail after a court ruled yesterday that holding them longer than their minimum sentence was unlawful.”

Full story

The Times, 1st August 2007

Source: www.timesonline.co.uk

Prisons lacking parole facilities ruled unlawful - The Independent

“The Government’s problems in handling the crisis in the prison system were compounded today when the High Court ruled that the detention of prisoners with no facilities to assess their suitability for release was ‘arbitrary, unreasonable and unlawful’.”

Full story

The Independent, 31st July 2007

Source: www.independent.co.uk

Police chief singled out over De Menezes shooting - The Independent

“Two years after police shot dead the innocent Brazilian Jean Charles de Menezes, it finally appeared that some criticism would be levelled at the authorities last night, after the apparent leak of an official report into the incident.”

Full story

The Independent, 1st August 2007

Source: www.independent.co.uk

Inmates left in limbo by failures in new sentences - judges - The Guardian

“High court judges yesterday dealt a fresh blow to the government’s handling of the prison crisis when they ruled that inmates serving new “open-ended” sentences had unlawfully been left in overcrowded local prisons without access to the compulsory rehabilitation programmes they need to secure their release.”

Full story

The Guardian,

Source: www.guardian.co.uk

Police want mobile jail cells to deal with protesters - The Guardian

“The police are pressing to be allowed to use mobile holding cells to deal with major protests at defence bases and to set up short-term jails to deal with football hooligans at sports grounds.”

Full story

The Guardian, 1st August 2007

Source: www.guardian.co.uk

BA fined £121.5m for price fixing - The Guardian

“British Airways is to pay a record fine of £121.5m after admitting price fixing on fuel surcharges on its long-haul flights.”

Full story

The Guardian, 1st August 2007

Source: www.guardian.co.uk

‘Terrorist’ defamation cases trebled - The Times

“Terrorist suspects are fuelling a surge in defamation actions against newspapers and broadcasting organisations, according to a survey published today. The number of defamation cases brought by alleged terror suspects has almost trebled in a year, making up almost 13 per cent of reported claims in the year to the end of May.

Full story

The Times, 30th July 2007

Source: www.timesonline.co.uk

End of the road for Charman’s divorce appeal - The Times

“A multi-millionaire businessman has lost a final appeal to prevent his former wife from keeping her £48 million divorce pay-out, the biggest awarded by a British court.”

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk

Pensioner wins £700,000 damages in landmark mis-selling case - The Times

A retired businessman has been awarded around £700,000 in compensation after successfully suing his pension provider for giving unauthorised advice in what is thought to be the first case of its kind.

Full story

The Times, 31st July 2007

Source: www.timesonline.co.uk


 

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