Archive for April, 2008

Tube suicide bomb hoax man jailed – BBC News

“A civil servant who told fellow Tube passengers he was a Muslim suicide bomber during a drunken tirade has been jailed for 12 months.”

Full story

BBC News, 30th April 2008

Source: www.bbc.co.uk

Man jailed over dockyard swindle – BBC News

“A company boss who swindled the Ministry of Defence (MoD) out of nearly £425,000 has been jailed for three and a half years.”

Full story

BBC News, 30th April 2008

Source: www.bbc.co.uk

Off-roaders banned on ancient lanes – The Times

“Many parts of the countryside are to be protected from the noisy invasion of motorcycles, 4×4s and quad bikes after a victory by green campaigners in the Court of Appeal.”

Full story

The Times, 30th April 2008

Source: www.timesonline.co.uk

Law lords rule NHS policy on overseas doctors is unlawful – The Times

“The House of Lords has told the Government that it must ditch its policy of preferring British and European doctors for NHS jobs over doctors from further afield.”

Full story

The Times, 30th April 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

BAILII: Recent Decisions

BAILII: Recent Decisions

Regina v Hodgson; Regina v Pollin – Times Law Reports

Regina v Hodgson; Regina v Pollin

Court of Appeal

“Where appellants had originally been charged with attempted murder but after discussion agreed to admit a lesser charge, the fact that ‘intent’ was omitted from the indictment was not a fatal flaw.”

The Times, 30th April 2008

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.

Hall v Hall – Times Law Reports

Hall v Hall

Court of Appeal

“It was wholly inappropriate for a judge to make an order which he himself acknowledged was plainly wrong.”

The Times, 30th April 2008

Source: www.timesonline.co.uk

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

B v B (Ancillary relief: Distribution of assets) – Times Law Reports

B v B (Ancillary relief: Distribution of assets)

Court of Appeal

“The source and origin of assets should be taken into account in considering ancillary relief since the primary objectives were fairness and an absence of discrimination between the parties.”

The Times, 30th April 2008

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.

Recent Statutory Instruments – OPSI

The role of restorative justice – Ministry of Justice

“Jack Straw has made a speech on the role of restorative justice on the tenth anniversary of the Restorative Justice Consortium.”

Full speech

Ministry of Justice, 30th April 2008

Source: www.justice.gov.uk

Bar Chairman Warns of Threats to the Independence of the Legal Profession – The Bar Council

“Criminal Bar Association Conference discusses the impact of forensic technology.”

Full press release

Th Bar Council, 25th April 2008

Source: www.barcouncil.org.uk

Acceptance of Instructions: BSB launches consultation – Bar Standards Board

“Proposals for amending rules around acceptance of instructions are the focus of a Bar Standards Board (BSB) consultation issued today.”

Full press release

Bar Standards Board, 28th April 2008

Source: www.barstandardsboard.org.uk

BBC in Christian ‘censorship’ row – BBC News

“The BBC and ITV face a legal challenge after asking a Christian party to make changes to its political broadcast.”

Full story

BBC News, 29th April 2008

Source: www.bbc.co.uk

Blogger fined for ‘menacing’ rant – BBC News

“A blogger who ‘let off steam’ about the way he was treated by police has been convicted of posting a grossly offensive and menacing message.”

Full story

BBC News, 29th April 2008

Source: www.bbc.co.uk

Shed torture trio release by 2011 – BBC News

“Three people who imprisoned and tortured a man in the Forest of Dean are to be released after serving half of their sentences.”

Full story

BBC News, 29th April 2008

Source: www.bbc.co.uk

Legal Opinion: The justice strategy that introduces offenders to their victims – The Independent

“Meet-the-criminal programmes have won enormous support. So, asks Robert Verkaik, Law Editor, why isn’t restorative justice being put to greater use?”

Full story

The Independent, 30th April 2008

Source: www.independent.co.uk

500 drivers a day fined over mobiles – Daily Telegraph

“Nearly 500 motorists are being fined every day for talking on mobile phones while driving, official figures will show today.”

Full story

Daily Telegraph, 30th April 2008

Source: www.telegraph.co.uk

Commuter fined £69 for standing in first class – Daily Telegraph

“A train passenger was given a £69 on-the-spot fine for standing in a first class luggage area because there was no room in second class.”

Full story

Daily Telegraph, 30th April 2008

Source: www.telegraph.co.uk

Law may change to allow ‘abortion on request’ – Daily Telegraph

“The Law may be changed to allow ‘abortion on request’ by ending the need for doctors to give permission for a termination, it has been disclosed.”

Full story

Daily Telegraph, 30th April 2008

Source: www.telegraph.co.uk

Fourth Briton accuses MI5 of collusion in torture of detainees – The Guardian

“Human rights groups and MPs are calling for an investigation into claims that MI5 officers colluded in the torture of British citizens detained in Pakistan during counter-terrorism operations, after the allegations were detailed by the Guardian yesterday.”

Full story

The Guardian, 30th April 2008

Source: www.guardian.co.uk

Inquest hears how mother found baby after attack by rottweiler – The Guardian

“A mother found her five-month-old daughter covered in blood after being attacked by two rottweilers in the living quarters of a pub, an inquest heard yesterday.”

Full story

The Guardian, 30th April 2008

Source: www.guardian.co.uk

Sex, violence and don’t forget race: the most distasteful commercials of the year – The Guardian

“Advertising Watchdog names and shames worst offenders.”

Full story

The Guardian, 30th April 2008

Source: www.guardian.co.uk

Supermarkets face new curbs – The Guardian

“Britain’s supermarkets could be blocked from opening new stores in towns where they already have a large market share, the Competition Commission announced today.”

Full story

The Guardian, 30th April 2008

Source: www.guardian.co.uk

Financial Services Authority threatens more trials for insider trades – The Times

“The City watchdog threatened yesterday to step up criminal prosecutions and to increase fines for market abuse after more than a quarter of last year’s takeovers showed signs of insider trading.”

Full story

The Times, 30th April 2008

Source: www.timesonline.co.uk

Censors ‘could not cope with flood of new titles’ – The Times

“Plans to widen the use of cinema-style rating for computer games are at risk of failing, amid predictions that soon there will be too many for the censors to regulate.”

Full story

The Times, 30th April 2008

Source: www.timesonline.co.uk

Osama Bin Laden’s son Omar Ossama is banned from Britain – The Times

“The son of Osama bin Laden has been banned from entering Britain to live with his new wife because of fears that his presence would cause ‘considerable public concern.’

Full story

The Times, 30th April 2008

Source: www.timesonline.co.uk

Sisters lose European tax battle – BBC News

“Two elderly British sisters have lost their final battle to avoid paying a massive inheritance tax bill.”

Full story

BBC News, 29th April 2008

Source: www.bbc.co.uk

Office of Fair Trading v Abbey National plc and Others – Times Law Reports

Office of Fair Trading v Abbey National plc and Others

Queen’s Bench Division

“Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness.”

The Times, 29th April 2008

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.

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another – WLR Daily

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and another; [2008] WLR (D) 129

“Where a public official reasonably believed that information had been given under a statutory procedure in circumstances which gave rise at that time to a reasonable expectation of privacy, and the statute prohibited disclosure for purposes other than those to which the Act related, that information was exempt from disclosure under the Freedom of Information Act 2000.”

WLR Daily, 28th April 2008

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.

ITV faces record £4m fine for phone-in scandal – The Guardian

“The media watchdog Ofcom plans to record a damning verdict and hand down a record seven-figure fine after a six-month investigation into premium phone line deception on some of ITV’s biggest shows.”

Full story

The Guardian, 29th April 2008

Source: www.guardian.co.uk

MI5 accused of colluding in torture of terrorist suspects – The Guardian

“Officers of the Security Service, MI5, are being accused of ‘outsourcing’ the torture of British citizens to a notorious Pakistani intelligence agency in an attempt to obtain information about terrorist plots and to secure convictions against al-Qaida suspects.”

Full story

The Guardian, 29th April 2008

Source: www.guardian.co.uk

‘Fear keeps you on your toes’ – The Times

” The commercial court of Mr Justice Andrew Smith was stuffed with barristers last Thursday, but one QC was the main focus of attention. The case was the challenge to bank charges that could affect every bank current account holder in Britain. At the original hearing in February, Laurence Rabinowitz represented the Royal Bank of Scotland, one of eight lenders accused of levying unfair overdraft charges. It also fell to him to put the lead argument to the court for all the banks, saying that the alternative would be to charge on every transaction.”

Full story

The Times, 29th April 2008

Source: www.timesonline.co.uk

Brown warned that cannabis decision may face legal challenge – The Guardian

“Gordon Brown’s decision to overturn the advice of his own group of drug experts by pressing ahead with a tougher policy on cannabis could face a high court challenge from campaigners.”

Full story

The Guardian, 29th April 2008

Source: www.guardian.co.uk

Government putting a price on the future of children – The Times

” While the Government digests the disastrous effects of the Domestic Violence, Crime & Victims Act 2004, introduced in July last year, on the protection of the victims of domestic violence, it might also give consideration to another legislative time-bomb affecting family proceedings.”

Full story

The Times, 28th April 2008

Source: www.timesonline.co.uk

‘Culture of complacency’ in criminal justice system – The Independent

” The criminal justice system was condemned for its ‘culture of complacency’ tonight (28th April).”

Full story

The Independent, 28th April 2008

Source: www.independent.co.uk

Teenagers jailed for life for killing goth woman – The Guardian

“Two teenagers were given life sentences today for murdering 20-year-old Sophie Lancaster because she was a goth.”

Full story

The Guardian, 29th April 2008

Source: www.guardian.co.uk

Lords defy Government by proposing criminalisation of data rogues – OUT-LAW.com

“The House of Lords has proposed making it a criminal offence to disclose personal information intentionally or recklessly. The Lords passed an amendment to the Criminal Justice and Immigration Bill, defeating the Government.”

Full story

OUT-LAW.com, 28th April 2008

Source: www.out-law.com

BSB eyes ‘cab rank rule’ in latest review – Legal Week

“The ‘cab rank rule’ governing barristers’ acceptance of instructions is under the spotlight again after the Bar Standards Board (BSB) launched a new consultation on proposals to amend the conditions under which counsel can withdraw from a case.”

Full story

Legal Week, 28th April 2008

Source: www.legalweek.com

Swift royal law reforms ruled out – BBC News

“The government has said it has no immediate plans to scrap a 300-year-old law that gives males precedence in the royal line of succession.”

Full story

BBC News, 29th April 2008

Source: www.bbc.co.uk

Smith faces fresh pressure on 42-day terror detentions – The Independent

“Pressure on Jacqui Smith to back down over plans to hold terror suspects for up to 42 days without charge intensified yesterday after leaked documents suggested ministers were considering allowing suspects to be held under house arrest.”

Full story

The Independent, 28th April 2008

Source: www.independent.co.uk

Regina v Greaves – Times Law Reports

Regina v Greaves

Court of Appeal (Criminal Division)

“Accompanying papers of great bulk and some complexity did not turn an unarguable, unmeritorious, application for leave to appeal against conviction into one which was arguable; nor did bulk and complexity operate as some kind of unspoken barrier to making a loss-of-time order under section 29 of the Criminal Appeal Act 1968.”

The Times, 28th April 2008

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 v Kehoe – Times Law Reports

Regina v Kehoe

Court of Appeal (Criminal Division)

“Sentences of life imprisonment under section 225 of the Criminal Justice Act 2003 should be reserved for cases where the culpability of the offender was particularly high or the offence particularly grave.”

The Times, 28th April 2008

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.

Islington London Borough Council v Honeygan-Green – Times Law Reports

Islington London Borough Council v Honeygan-Green

Court of Appeal

“An order for possession made against a secure tenant did not defeat her right to acquire a long lease of a tenanted flat; if the possession order had been discharged the tenant’s right to acquire revived.”

The Times, 28th April 2008

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.

Spy law ‘used in dog fouling war’ – BBC News

“A survey of UK councils has found some are spying on litter louts and people who let dogs foul public places, using laws to track criminals and terrorists.”

Full story

BBC News, 27th April 2008

Source: www.bbc.co.uk

Old Bailey’s criminal history goes online – Daily Telegraph

“Unseen files from some of the most sensational criminal trials in history are to be made available to the public today.”

Full story

Daily Telegraph, 28th April 2008

Source: www.telegraph.co.uk

Pregnant prisoner chained up in hospital 24 hours a day – The Guardian

“A prisoner who was admitted to hospital after serious complications during her pregnancy was shackled to a security officer on a metre-long chain while she slept, showered and used the toilet.”

Full story

The Guardian, 28th April 2008

Source: www.guardian.co.uk

Abortion Act: Forty years of freedom to choose – The Independent

“On this day (27th April) in 1968, British women were liberated from the dangers of back-street procedures.”

Full story

The Independent, 27th April 2008

Source: www.independent.co.uk

Children ‘put at risk by higher court fees’ – The Times

” Vulnerable children face a greater risk of harm because of a dramatic rise in the cost of taking them into care, ministers have been warned.”

Full story

The Times, 28th April 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Prison population reaches all-time high – The Guardian

“The number of prisoners in England and Wales reached an all-time high today.”

Full story

The Guardian, 25th April 2008

Source: www.guardian.co.uk

Office of Fair Trading v Abbey National plc and Others – WLR Daily

Office of Fair Trading v Abbey National plc and Others [2008] EWHC 875 (Comm); [2008] WLR (D) 128

Terms in standard form contracts between bank and customer providing for relevant charges were not exempt from assessment as to fairness under reg 6 of the Unfair Terms in Consumer Contracts Regulations 1999.”

WLR Daily, 25th April 2008

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

R v Ibrahim and others – WLR Daily

R v Ibrahim and others [2008] EWCA Crim 880; [2008] WLR (D) 127

Evidence obtained during ’safety’ interviews conducted with a defendant under the provisions of the Terrorism Act 2000 was admissible at his subsequent trial subject to the ordinary principles governing a fair trial, and the over-arching provisions in s 78 of the Police and Criminal Evidence Act 1984.”

WLR Daily, 25th April 2008

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.


Doctor sentenced over child porn – BBC News

“A children’s hospital doctor has escaped a jail sentence after admitting downloading child pornography.”

Full story

BBC News, 25th April 2008

Source: www.bbc.co.uk

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