Government wins terror control case – The Independent

“The Government’s controversial control order regime restricting the day-to-day activities of terror suspects was given legal clearance by the Law Lords today – but was watered down.”

Full story

The Independent, 31st October 2007

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) (Wales) Regulations 2007

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) (Wales) Regulations 2007

The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2007

The Education (Determination of Admission Arrangements) (Amendment No. 2) (England) Regulations 2007

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division) 

MN (Rwanda) v Secretary of State for the Home Department [2007] EWCA Civ 1064 (30 October 2007)

Jackson v Computershare Investor Services Plc [2007] EWCA Civ 1065 (30 October 2007)

Korea National Insurance Corporation v Allianz Global Corporate & Speciality AG [2007] EWCA Civ 1066 (30 October 2007)

High Court (Chancery Division)

Thorner v Curtis & Ors [2007] EWHC 2422 (Ch) (26 October 2007)

Hardy & Ors v Fowle & Anor [2007] EWHC 2423 (Ch) (26 October 2007)

Franses v Al Assad & Ors [2007] EWHC 2442 (Ch) (26 October 2007)

Source: www.bailii.org

Bandwidth Shipping Corporation v Intaari – Times Law Reports

Whether arbitrator realised counsel had missed a point

Bandwidth Shipping Corporation v Intaari

Court of Appeal

“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”

The Times, 31st October 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.

Aspinall’s Club Ltd v Al-Zayat – Times Law Reports

Gambling cheque defence might be valid

Aspinall’s Club Ltd v Al-Zayat

Court of Appeal

“A gambling debt which was recoverable when it was incurred, could later become irrecoverable if the gaming club had extended credit to a member contrary to law; that unlawful provision of credit rendered the member’s liabilities on both a dishonoured cheque and the underlying loan illegal and unenforceable.”

The Times, 31st October 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 (Faithfull) v Crown Court at Ipswich – WLR Daily

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th October 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.

Judicial Review Decisions in the Crown Court – Law Commission

“The High Court has the power to judicially review decisions in the Crown Court, except in ‘matters relating to trial on indictment’ (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.”

Full story

Law Commission, 30th October 2007

Source: www.lawcom.gov.uk

Current Sentencing Issues – Speech by Sir Igor Judge

Current Sentencing Issues (pdf)

Speech by Sir Igor Judge, President of the Queen’s Bench Division.

Lincoln’s Inn, 29th October 2007

Source: www.judiciary.gov.uk

Ruling expected on control orders – BBC News

“The Law Lords are set to rule on whether controversial counter-terrorism control orders breach human rights.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

MPs call for abortion law reforms – BBC News

“There is no reason why women seeking an abortion should need the approval of two doctors, a group of MPs has said.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

JP fears assault claim hit reputation – Daily Telegraph

“A leading magistrate has said he feared his reputation was in tatters after losing a legal bid to sue his daughter-in-law over allegations he assaulted her.”

Full story

Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk

Race and the criminal justice system – Ministry of Justice

“This publication fulfils a statutory obligation for the Secretary of State to publish, annually, information relating to the criminal justice system (CJS) with reference to avoiding discrimination on the ground of race. This publication reports statistical information on the representation of black and minority ethnic groups as suspects, offenders and victims with in the CJS and on employees within criminal justice agencies.”

Statistics on Race and the Criminal Justice System 2006 (PDF)

Ministry of Justice, 30th October 2007

Source: www.justice.gov.uk

Only 1 in 400 anti-terror stop and searches leads to arrest – The Guardian

“Only one in every 400 stop and searches carried out under sweeping anti-terrorism laws leads to an arrest, official figures released yesterday reveal, triggering fresh pressure on the government and police over the controversial tactic.”

Full story

The Guardian, 31st Octoner 2007

Source: www.guardian.co.uk

Cartoon protesters’ jail term cut – BBC News

“Three men jailed for their part in protests against cartoons depicting the Prophet Muhammad have won an appeal to reduce their sentences.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk

Serial sex offender can stay in UK, judge rules – Daily Telegraph

“A serial sex offender from Sierra Leone has been allowed to stay in the UK after a judge ruled deporting him would breach his human rights.”

Full story

Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk

Judge warns agencies after surrogate mother dupes couples to keep babies – The Guardian

“A high court judge has issued a stern warning to surrogacy agencies to carry out more stringent background checks after it emerged that a surrogate mother had deliberately duped two couples into believing she had miscarried their babies.”

Full story

The Guardian, 31st October 2007

Source: www.guardian.co.uk

Legal Services Act given royal assent – Ministry of Justice

“An independent body which will handle consumer complaints about legal services in England and Wales is now a step closer under new legislation approved today.”

Full story

Ministry of Justice press release, 30th October 2007

Source: www.justice.gov.uk

£2.5m award over anorexia mistake – BBC News

“A woman has been awarded £2.5m in damages after her brain tumour was misdiagnosed by doctors who thought she was anorexic.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk  

Stop and search ‘race gap’ grows – BBC News

“Black people were almost seven times more likely than white people to be stopped and searched by police last year, according to official figures.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk

UK class actions are on the way, survey says – The Times

“The UK has ‘the most fertile ground in Europe’ for a growth in class action lawsuits according to a new survey from the Economist Intelligence Unit.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk  

Government accused over emissions bill – The Guardian

“Green groups and opposition politicians rounded on the government yesterday for not imposing tighter limits on carbon emissions in its amendment to the climate change bill – and claimed that airlines and shipping firms, two of the biggest polluters, had been let off the hook.”

Full story

The Guardian, 30th October 2007

Source: www.guardian.co.uk

New passport rules for under-18s – The Guardian

“Young people aged 16 or 17 will be able to apply for a passport without parental consent from December, the government announced today.”

Full story

The Guardian, 30th October 2007

Source: www.guardian.co.uk

Inquests into the deaths of servicemen in operations and exercises overseas – Ministry of Justice

“The sixth quarterly ministerial statement about the inquests into the deaths of servicemen and women overseas was published today.”

Full story

Ministry of Justice press release, 30th October 2007

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

The Bluetongue (Wales) (Amendment) Order 2007

The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007

The Serious Organised Crime and Police Act 2005 (Commencement No. 10) Order 2007

The Pensions Act 2007 (Commencement No. 1) Order 2007

The Plant Health (Import Inspection Fees) (England) (Amendment) (No. 2) Regulations 2007

The Civil Aviation (Contributions to the Air Travel Trust) Regulations 2007

The Accession (Worker Authorisation and Worker Registration) (Amendment) Regulations 2007

Source: www.opsi.gov.uk

BAILII: Recent Decisions

High Court (Chancery Division)

The Stax Claimants Claimants v Bank of Novia Scotia Channel Islands Ltd & Ors [2007] EWHC 2438 (Ch) (24 October 2007)

Lexi Holdings Plc v Luqman & Ors [2007] EWHC 2355 (Ch) (19 October 2007)

Hill Street Services Company Ltd v National Westminster Bank Plc & Anor [2007] EWHC 2379 (Ch) (19 October 2007)

British Nuclear Group Sellafield Ltd v Gemeinschaftskernkraftwerk Grohnde GmbH & Anor [2007] EWHC 2245 (Ch) (19 October 2007)

Jules Rimet Cup Ltd. v The Football Association Ltd. [2007] EWHC 2376 (Ch) (18 October 2007)

High Court (Commercial Court)

Limit No 2 Ltd v AXA Versicherung AG [2007] EWHC 2321 (Comm) (17 October 2007)

CTI Group Inc v Transclear SA [2007] EWHC 2340 (Comm) (17 October 2007)

High Court (Queen’s Bench Division)

Sheffield Wednesday Football Club Ltd & Ors v Hargreaves [2007] EWHC 2375 (QB) (18 October 2007)

Source: www.bailii.org

Interviews with abusers examined – BBC News

“Child abuse experts at a new specialist police unit will study hundreds of hours of interviews with paedophiles to find out how they think and behave.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk

Regina v Clark – Times Law Reports

Judge’s case management decision can be appealed

Regina v Clark

Court of Appeal (Criminal Division)

“A refusal by a trial judge to order an adjournment before trial, or indeed at any time before the start of the summing-up, was a case management decision which could constitute a terminating ruling against which a prosecutor could appeal.”

The Times, 29th October 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.

Austin and Another v Commissioner of Police of the Metropolis – Times Law Reports

Police had good defence to unlawful detention claim

Austin and Another v Commissioner of Police of the Metropolis

Court of Appeal

“It was lawful only in extreme and exceptional circumstances for the police to contain demonstrators and members of the public caught up in that demonstration who themselves did not appear to be about to commit a breach of the peace. Containment was lawful only where it was necessary to prevent others from committing an imminent breach of the peace and there was no other way to achieve that.”

The Times, 29th October 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.

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another – Times Law Reports

Patent amendment is not making a different claim

Yeda Research and Development Co Ltd v Rhone-Poulenc Rorer International Holdings Inc and Another

House of Lords

“When a reference was made under section 37(1)(a) of the Patents Act 1977 for joint ownership of a patent and the Comptroller-General of Patents, Designs and Trademarks was seised of the matter, an amendment to claim sole ownership of the patent did not amount to the making of a new or different claim.”

The Times, 30th October 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.

Regulator plans crackdown on market abuses in hedge funds – The Times

“London’s powerful hedge fund community is failing to stamp out incidences of market abuse such as insider trading, according to the City’s top market watchdog.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk

Driver on mobile jailed for two years – The Times

“A single mother of four, one of whom is disabled, has been jailed for two years for killing an 80-year-old pedestrian while using her mobile phone at the wheel of her 4×4.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk

Half of commercial disputes get personal – poll – Legal Week

“A majority of disputes launched by companies are led by executives’ hearts rather than their heads, according to new research published today (29 October).”

Full story

Legal Week, 29th October 2007

Source: www.legalweek.com

Court rejects media gag order in Bermuda – Reuters

“Bermuda’s media should not be banned from reporting further extracts from a leaked police dossier about corruption at the British territory’s public housing corporation, London’s Privy Council ruled on Monday.”

Full story

Reuters, 30th October 2007

Source: www.reuters.com

Deal nears for NatWest Three – The Sunday Times

“A deal under which the NatWest Three could secure a plea bargain deal with American prosecutors is likely within two weeks, insiders believe.”

Full story

The Sunday Times, 28th October 2007

Source: www.timesonline.co.uk

Barrister’s illegitimate son to get £100,000 – Daily Telegraph

“An eminent QC, who fought his former girlfriend for 30 years over maintenance payments for their child, has finally agreed to end the feud by paying his illegitimate son £100,000.”

Full story

Daily Telegraph, 30th October 2007

Source: www.telegraph.co.uk

Bail hearing held in private to protect the victim – The Times

“A bail hearing this week involving one of two men alleged to be involved in a gay sex-and-drugs blackmail plot will be held in private — against the principle of open justice in the courts.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk

Law lords to rule on Iraq detention – The Times

“Britain’s highest court will determine this week whether British and other armed forces in Iraq are entitled to detain terrorist suspects without trial in breach of their human rights.”

Full story

The Times, 29th October 2007

Source: www.timesonline.co.uk

Graffiti prison terms overturned – BBC News

“Two graffiti artists jailed for spray painting trains and railway bridges have had their sentences overturned.”

Full story

BBC News, 29th October 2007

Source: www.bbc.co.uk

Quality, quality, quality: the crucial challenge for the survival of the Bar – The Times

“Bar Conference 2007: the British have never been willing to compromise on justice, writes Geoffrey Vos, QC. We must serve the public in the most efficient and cost-effective manner.”

Full story

The Times, 29th October 2007

Source: www.timesonline.co.uk

From fat cats to human rights: how the Bar is changing – The Times

“What is the public image of a barrister? Wigs, courts and fat fees? Rumpole of the Bailey or Kavanagh, QC? People tend not to think public service, human rights, access to justice – far less, the export of legal services. But this is equally the reality of the Bar today. And it’s a message that the profession’s leaders want to drive home when 500 of the rank and file meet this Saturday for their annual conference in London.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk

Legal Services Bill prepares for Royal Assent – Legal Week

“The Government’s controversial Legal Services Bill is on the brink of becoming law after the long-awaited legislation finally passed through Parliament this week.”

Full story

Legal Week, 26th October 2007

Source: www.legalweek.com

Inquest into soldier’s Iraq death begins – The Guardian

“An inquest into the death of Gordon Gentle, whose mother, Rose, has become a figurehead for Britain’s antiwar movement, begins today.”

Full story

The Guardian, 29th October 2007 

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

The Government of Wales Act 2006 (Approved European Body of Accountants) Order 2007

The Rural Development Programmes and Agricultural Subsidies and Grants Schemes (Appeals) (Wales) (Amendment) Regulations 2007

The Occupational Pension Schemes (EEA States) Regulations 2007

The Feed (Specified Undesirable Substances) (England) Regulations 2007

The Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (England) (Revocation) Regulations 2007

The Assembly Learning Grants and Loans (Higher Education) (Wales) (Amendment) (No.2) Regulations 2007

The Offender Management Act 2007 (Commencement No.1 and Transitional Provisions) Order 2007

The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 3) Regulations 2007

The Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) (Amendment) Regulations 2007

The Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2007

Source: www.opsi.gov.uk

British citizen appeals against three-year detention in Iraq – The Guardian

“Lawyers for a British-Iraqi citizen who has been held in Iraq by British forces for three years on suspicion of terrorism will ask the House of Lords today to rule that his detention is unlawful and he should be returned to Britain. Hilal al-Jedda has been held since October 2004 without charge. Freedom from arbitrary arrest and detention is a ‘quintessentially British liberty,’ Lord Hoffmann, a law lord, declared in an earlier case.”

Full story

The Guardian, 29th October 2007

Source: www.guardian.co.uk

Greater London Authority Act 2007

Greater London Authority Act 2007 published.

Full text of Act

Source: www.opsi.gov.uk

Further Education and Training Act 2007

Further Education and Training Act 2007 published.

Full text of Act

Source: www.opsi.gov.uk

Proposal to cut Scottish MPs out of English votes ‘would put Union in peril’ – The Times

“The constitutional relationship between England and the rest of the United Kingdom has been thrown to the centre of the next general election after senior Conservatives backed plans to strip Scottish MPs of the right to vote on English matters.”

Full story

The Times, 29th October 2007

Source: www.timesonline.co.uk

What next for Britain’s abortion law? – BBC News

“Forty years after the Abortion Act came into effect, terminations in Britain are running at 450 a day.”

Full story

BBC News, 28th October 2007

Source: www.bbc.co.uk  

8 in 10 parking fines overturned on appeal – Daily Telegraph

“A huge number of parking fines are being quashed because councils present poor evidence or no proof at all when challenged by drivers.”

Full story

Daily Telegraph, 29th October 2007

Source: www.telegraph.co.uk

Retired solicitor, 89, goes back to court to help a friend – and wins – The Times

“When Vivien Symons retired 25 years ago after a lifetime working as a solicitor, she thought she had done with the law. But at the age of 89 she has returned to court to win one last case.”

Full story

The Times, 27th October 2007

Source: www.timesonline.co.uk

Prisoners released early reoffend – The Independent

“More than 16,000 crimes were committed in a year by offenders released early from jail, the Government has disclosed.”

Full story

The Independent, 27th October 2007

Source: www.independent.co.uk

Brain-injured soldiers ‘denied cash’ – The Observer

“British soldiers with serious brain injuries are being deliberately denied tens of thousands of pounds in damages, according to the mother whose son’s horrific wounds prompted the government’s recent review of compensation for casualties in Iraq and Afghanistan.”

Full story

The Observer, 28th October 2007

Source: www.guardian.co.uk

Firms criticised over workplace deaths – The Times

“Businesses, schools and hospitals in Britain are failing to prevent thousands of accidents and hundreds of avoidable deaths a year, according to a report today that has prompted calls for stricter health and safety laws.”

Full story

The Times, 29th October 2007

Source: www.timesonline.co.uk

Care home owners to fight Human Rights Act – Daily Telegraph

“Care home owners are expected to defend their right to evict residents and maintain profits.”

Full story

Daily Telegraph, 29th October 2007

Source: www.telegraph.co.uk

Attorney general’s prosecution role may be curtailed – The Guardian

“The attorney general is likely to lose the right to play a part in prosecution decisions but keep the job of government legal adviser in a shakeup of the role to restore public confidence, the Guardian has learned. The change will form part of Gordon Brown’s new constitutional settlement, along with other measures to increase public accountability which opened for consultation last week, including a bigger role for MPs in deciding whether to wage war.”

Full story

The Guardian, 29th October 2007

Source: www.guardian.co.uk