Archive for May 16th, 2008

BAILII: Recent Decisions

Torture payout bill moves forward - BBC News

“A new law which would allow victims of torture to sue torturers in UK courts is being considered by Parliament.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Raising school leaving age to 18 ‘could breach human rights’ - The Guardian

“Making it illegal for children aged 16 to 18 to leave school could be a breach of their human rights, a parliamentary committee said today, creating yet another embarrassment for Gordon Brown.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

Rebel MPs try to block 42-day detention plans - The Guardian

“Rebel Labour MPs today tabled an amendment to the counter-terrorism bill that could block Gordon Brown’s attempts to extend the detention without charge limit to 42 days.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

Thinc Group financial advisers fined record £900,000 by FSA - The Times

“The Financial Services Authority (FSA) has levied a record £900,000 fine on one of the biggest independent financial adviser (IFA) groups for serious failures in selling sub-prime mortgages.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk

Student son’s right to privacy - The Times

“A university lecturer who wrote to an undergraduate’s mother to outline details of the student’s studies has been reprimanded for breaching data protection rules.”

Full story

The Times, 15th May 2008

Source: www.timesonline.co.uk

Shifting sands - Law Society’s Gazette

“Time may be running out for the pioneering law centres movement, born 40 years ago at the high point of 1960s idealism. Jon Robins reports on the sector’s struggle for survival.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

Naked Ugg boot ram-raider jailed - BBC News

“A man who ram-raided a supermarket dressed in only a pair of Ugg boots has been jailed for four years.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

MPs’ expenses: extracts from the judgment - The Guardian

“Extracts from the high court judgment today ordering the publication of full details of the expenses claimed by 14 MPs and ex-MPs relating to their second homes.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

MPs lose legal fight to keep expenses secret - The Independent

“The House of Commons has lost its High Court battle over an information watchdog’s decision to force disclosure of MPs’ expenses.”

Full story

The Independent, 16th May 2008

Source: www.independent.co.uk

Bamber told he will die in prison - BBC News

“A killer convicted of murdering five members of his family has been told he will die in jail.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Recent Statutory Instruments - OPSI

BAILII: Recent Decisions

‘Associate Prosecutors’ given green light - Attorney General’s Office

“Speaking at the Institute of Legal Executives’ (ILEX) the Attorney General, Baroness Scotland QC, announced that the Crown Prosecution Services’ Designated Case Workers will now be known as Associate Prosecutors – a name that they themselves helped to select.”

Press release (PDF)

Attorney General’s Office, 15th May 2008

Source: www.attorneygeneral.gov.uk

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

R (Nasseri) v Secretary of State for the Home Department [2008] EWCA Civ 464; [2008] WLR (D) 150

“The scope of the deeming provision in Sch 3, Pt 2, para 3(2) of the Asylum and Immigration (Treatment of Claimants etc) Act 2004, which required states listed in Sch 2, Pt 2, para 2 of the Act to be treated as countries safe for a person to be returned, was limited to the actual process of executive decision or adjudication of whether a person’s removal would contravene his rights under art 3 of the Human Rights Convention. It did not preclude a more general consideration of whether a listed state’s laws and practices were Convention compliant, therefore the list system was not incompatible with art 3 of the Convention.”

WLR Daily, 15th May 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.

Regina v Nguyen - Times Law Reports

Regina v Nguyen

Court of Appeal (Criminal Division)

“Where the Crown chose to rely on relevant bad character evidence which it had decided not to make the subject of a criminal charge, that could not have such an adverse effect on the fairness of the proceedings that the court ought not to admit such evidence.”

The Times, 16th May 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 Kempster - Times Law Reports

Regina v Kempster

Court of Appeal (Criminal Division)

“Evidence of those experienced in comparing ear-prints was capable of being relevant and admissible but such comparison would provide information which could identify the person who had left it on a surface only when sufficient minutiae could be identified and matched.”

The Times, 16th May 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.

Family barrister ‘exodus’ fears - Law Society’s Gazette

“Proposed fee cuts for family law barristers that would bring them in line financially with solicitors will lead to a ‘massive exodus’ of experienced advocates, the Association of Lawyers for Children (ALC) has warned.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

Deportation dispute man leaves UK - BBC News

“Campaigners for a Filipino man who lost his fight to stay in the UK after his wife died are hoping to persuade the Home Office to look again at his case.”

Full story

BBC News, 15th May 2008

Source: www.bbc.co.uk

Court to rule on disclosure of MPs’ expenses - The Independent

“The High Court will rule today on whether the House of Commons has won its bid to overturn an information watchdog’s decision to force disclosure of MPs’ expenses.”

Full story

The Independent, 16th May 2008

Source: www.independent.co.uk

Police defend race-fixing inquiry - BBC News

“The City of London Police has defended the race-fixing investigation which ended with the collapse of a £10m trial but said procedures could be tightened.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Breasts not for looking but pecs are okay - Daily Telegraph

“It is perfectly legal to ogle a man’s chest but not a woman’s breasts, according to an unusual ruling on what constitutes voyeurism by a panel of leading judges at the Court of Appeal yesterday.”

Full story

Daily Telegraph, 16th May 2008

Source: www.telegraph.co.uk

Young deaths coverage questioned - BBC News

“The way in which the apparent suicides of young people in Bridgend was covered by the media is to be debated later.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Abortion debate: Gordon Brown to oppose 20-week limit change - Daily Telegraph

“An attempt to lower the legal abortion time limit will be opposed by Gordon Brown during next week’s vote on the issue.”

Full story

Daily Telegraph, 15th May 2008

Source: www.telegraph.co.uk

Judiciary should help promote mediation - Law Society’s Gazette

“Judges should help boost ‘startlingly’ low take-up rates of alternative dispute resolution (ADR) by routinely directing litigants to mediate before taking disputes to trial, the Master of the Rolls has said.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

Thumbs down for designer robe - The Times

“Like the new gown for judges? You’re in the minority; splutterings of dismay and derision are far more common.”

Full story

The Times, 15th May 2008

Source: www.timesonline.co.uk

Police snap children during stop and search - The Guardian

“Scotland Yard has admitted its officers have been photographing children who are stopped and searched even after they have been found to be innocent.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

Defying convention - Law Society’s Gazette

“Releasing the ‘truly dangerous’ Abu Qatada on bail raises fundamental questions about Britain’s approach to confronting terrorism.”

Full story

Law Society’s Gazette, 15th May 2008

Source: www.lawgazette.co.uk

Worker made to wear ‘I’m Simple’ badge - Daily Telegraph

“A woman whose manager forced her to wear a badge proclaiming ‘I’m Simple’ has been awarded more than £5,000 in compensation.”

Full story

Daily Telegraph, 16th May 2008

Source: www.telegraph.co.uk

Taping killer’s calls broke the rules, Jack Straw admits - The Times

“Prison staff bugged conversations between a convicted killer and his solicitor without authorisation, Jack Straw admitted yesterday.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk

Government orders data retention by ISPs - OUT-LAW.com

“Phone and internet companies will soon be forced to keep logs of internet usage to be made available to the police under a new law announced by Prime Minister Gordon Brown this week.”

Full story

OUT-LAW.com, 15th May 2008

Source: www.out-law.com

Army veteran, 73, is given electronic tag - Daily Telegraph

“An Army veteran has been fitted with an electronic tag and subjected to a curfew for failing to report a road accident.”

Full story

Daily Telegraph, 16th May 2008

Source: www.telegraph.co.uk

ID cards may put poorer people at risk of fraud - The Guardian

“An official report has warned that the government’s plans for ID cards may put poorer people at greater risk of fraud, and that ministers are failing to coordinate implementation of the 10-year programme.”

Full story

The Guardian, 16th May 2008

Source: www.guardian.co.uk

Men urged to make use of new flexible working rights - The Times

“Fathers have been urged to make use of new rights to work part-time when the Government extends the law on flexible employment in April.”

Full story

The Times, 16th May 2008

Source: www.timesonline.co.uk


 

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