Archive for May 19th, 2008

Countdown to two-tier tribunal system launched – Ministry of Justice

“A radical shake-up of the tribunals system was unveiled by the government today.”

Full story

Ministry of Justice, 19th May 2008

Source: www.justice.gov.uk

Heroin family death pair jailed – BBC News

“The mother and half-sister of a teenage heroin overdose victim have been jailed for a total of six years.”

Full story

BBC News, 19th May 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Military strategy: new bank holiday, anti-discrimination laws and school cadets – The Independent

“Discrimination against armed forces personnel in military uniform is to be made a criminal offence under proposals accepted today by the Government.”

Full story

The Independent, 19th May 2008

Source: www.independent.co.uk

MPs to begin debate on embryology and abortion – The Guardian

“MPs will today begin a two-day debate that will affect the future of embryo research, IVF treatment and abortion.”

Full story

The Guardian, 19th May 2008

Source: www.guardian.co.uk

Man set fire to pilot in sheep costume – The Guardian

“A man walked free from court today after he admitted setting alight an RAF pilot who was dressed as a sheep for a fancy dress party.”

Full story

The Guardian, 19th May 2008

Source: www.guardian.co.uk

Florist loses appeal in petal row – BBC News

“A station florist found negligent after a commuter slipped and injured himself on a petal has lost its bid to appeal against the decision.”

Full story

BBC News, 19th May 2008

Source: www.bbc.co.uk

Propriety and honours and propriety and peerages – Ministry of Justice

“The document contains the government’s response to each of the recommendations made by the Public Administration Committee following its enquiry into whether the system of scrutiny for propriety of honours and peerages for political services was satisfactory.”

Propriety and Honours and Propriety and Peerages (PDF)

Ministry of Justice, 16th May 2008

Source: www.justice.gov.uk

S-H v Kingston upon Hull City Council and another – WLR Daily

S-H v Kingston upon Hull City Council and another [2008] EWCA Civ 493; [2008] WLR (D) 154

“When deciding whether to grant leave to a parent to apply for revocation of an order placing a child for adoption, the court should ask itself the question whether, in all the circumstances, including the parent’s prospect of success in securing revocation and the child’s interests, leave should be given.”

WLR Daily, 16th 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.

Jennings v Crown Prosecution Service – WLR Daily

Jennings v Crown Prosecution Service [2008] UKHL 29; [2008] WLR (D) 153

“Orders for the confiscation criminal assets, or orders restraining the disposal of property pending the hearing of a confiscation order, were to be made in respect of property which the person had actually obtained, not property he had merely helped others to obtain.”

WLR Daily, 16th 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.

R v Green – WLR Daily

R v Green [2008] UKHL 30; [2008] WLR (D) 152

The Drug Trafficking Act 1994 fell to be construed without regard to legislation in other countries which had chosen to give effect to common international obligations in a different way.”

WLR Daily, 16th 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.

R v May – WLR Daily

R v May [2008] UKHL 28; [2008] WLR (D) 151

“Where co-defendants had jointly received property as a result of criminal activity, each was liable to receive a confiscation order representing the entire value, as if he had acted alone, provided he had sufficient assets to meet the order.”

WLR Daily, 16th 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.

Jennings v Crown Prosecution Service – Times Law Reports

Jennings v Crown Prosecution Service

House of Lords

“Confiscation orders, or restraint of property orders pending the making of such orders, were to be made in respect of property which the person had actually obtained, not that he had merely helped others to obtain.”

The Times, 19th 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 Davies (Gareth) – Times Law Reports

Regina v Davies (Gareth)

Court of Appeal (Criminal Division)

“A judge deciding whether aggravating features existed to increase the appropriate starting point for the minimum term of a mandatory life sentence should apply the same standard of proof as that applied by the jury in reaching their verdict.”

The Times, 19th 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 Green – Times Law Reports

Regina v Green

House of Lords

“The Drug Trafficking Act 1994, in giving effect to the United Kingdom’s obligations under the Vienna Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988 and the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds of Crime 1993, fell to be construed without regard to legislation in other countries which had chosen to give effect to those obligations in a different way.”

The Times, 19th 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.

Law Commission welcomes new Commissioner – Law Commission

“The Lord Chancellor and Secretary of State for Justice, Jack Straw, today announced the appointment of Professor Elizabeth Cooke to the post of Law Commissioner.”

Press release (PDF)

Law Commission, 19th May 2008

Source: www.lawcom.gov.uk

Complaints leading to disciplinary action against judicial office holders – Ministry of Justice

“Information released in response to a freedom of information request on broad categories of misconduct which led the Lord Chancellor and Lord Chief Justice to take disciplinary action against judicial office holders.”

Full story

Ministry of Justice, 16th May 2008

Source: www.justice.gov.uk

Widow fights for right to use sperm taken from dead husband – The Guardian

“A widow is fighting for the right to have a child using sperm taken from her dead husband in a case that reopens the fertility debate sparked by Diane Blood, who had two children from sperm extracted from her husband while he was in a coma.”

Full story

The Guardian, 19th May 2008

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Information on accessing court, tribunal and prison service records – Ministry of Justice

“Updated guidance for researchers on accessing court, tribunal and prison service records.”

Full story

Ministry of Justice, 16th May 2008

Source: www.justice.gov.uk

Gordon Brown accepts compromise over fathers to save key parts of embryo Bill – The Times

“The Prime Minister has accepted that he will have to sacrifice a measure on parenthood in order to save legislation to allow new embryo research and treatments.”

Full story

The Times, 19th May 2008

Source: www.timesonline.co.uk

Anti-terror unit loses surveillance powers to deflect Stockwell criticism – The Times

“Scotland Yard’s anti-terror unit has been stripped of its control over covert surveillance teams in an attempt to ward off further criticism over the shooting of Jean Charles de Menezes, The Times has learnt.”

Full story

The Times, 19th May 2008

Source: www.timesonline.co.uk

Law change call for bust builders – BBC News

“Laws need to be tightened to ensure homeowners are not out of pocket when builders go bankrupt, the housing minister for Wales has said.”

Full story

BBC News, 19th May 2008

Source: www.bbc.co.uk

Barristers in family cases face big cut in fees – The Times

“Ministers are preparing a fresh onslaught on barristers’ legal aid fees that will involve a huge cut in their pay rates for family and children’s cases.”

Full story

The Times, 19th May 2008

Source: www.timesonline.co.uk

Hammer-blow murderer can ask for parole after judge overturns life sentence – Daily Telegraph

“Reginald Wilson, currently serving life for slaughtering Teesside skin specialist, David Birkett, can ask the Parole Board to free him next month after a top judge overturned his ‘whole life’ jail tariff yesterday.”

Full story

Daily Telegraph, 17th May 2008

Source: www.telegraph.co.uk

Human Fertilisation Bill has been hijacked, says Health minister – The Independent

“Dawn Primarolo, the Public Health minister, has accused MPs campaigning for a stricter law on abortion of having a hidden agenda which aims ultimately to prevent all terminations.”

Full story

The Independent, 19th May 2008

Source: www.independent.co.uk

Police contest liability in death threat cases – The Guardian

“Two police forces are fighting attempts to hold them legally liable for failing to protect the victims of death threats in an important human rights hearing which starts today in the Lords.”

Full story

The Guardian, 19th May 2008

Source: www.guardian.co.uk

Justice for children on trial – Daily Telegraph

“Children’s author Anthony Horowitz spends a day in a juvenile court looking for some good news behind the recent horror stories.”

Full story

Daily Telegraph, 18th May 2008

Source: www.telegraph.co.uk

Gay group’s anger at Tory amendment to IVF Bill – The Independent

“Gay campaigners criticised the Conservative Party last night after its health spokesmen attempted to force women to give the name of their sperm donor before being allowed IVF treatment.”

Full story

The Independent, 18th May 2008

Source: www.independent.co.uk

QC applications slump again in 2008 – Legal Week

“The QC appointments process for 2008 has got off to a rocky start after it was revealed this week that applications for the elite kitemark have fallen by more than a quarter from last year’s figure.”

Full story

Legal Week, 16th May 2008

Source: www.legalweek.com

Offender expert jailed over porn – BBC News

“A man who helped set up a Government database of violent sex offenders has been jailed on child pornography charges.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Registrar sues for right not to marry gays – Daily Telegraph

“A registrar is taking her employer to a tribunal this week to determine whether she can refuse to officiate at homosexual ‘weddings’ because of her religious beliefs.”

Full story

Daily Telegraph, 18th May 2008

Source: www.telegraph.co.uk

Guardian serves its defence on supermarket chain Tesco – The Guardian

“The Guardian yesterday made a formal offer of amends to the supermarket chain Tesco over reports which had claimed that the company had set up an elaborate complex of offshore companies to avoid paying up to £1bn of corporation tax on a series of property deals. But the newspaper made it clear that it would strenuously defend a malicious falsehood claim by the company.”

Full story

The Guardian, 17th May 2008

Source: www.guardian.co.uk

Woman jailed for smuggling baby – BBC News

“A Nigerian woman has been jailed for 26 months for bringing a child illegally into the UK.”

Full story

BBC News, 16th May 2008

Source: www.bbc.co.uk

Video games cause violence, most children admit to Ofcom – Daily Telegraph

“Most children believe that playing violent computer games does lead to aggressive behaviour, according to a survey by the broadcasting regulator.”

Full story

Daily Telegraph, 16th May 2008

Source: www.telegraph.co.uk

Police face scrutiny over the arrest of radical jihadist who renounced violence – The Times

“Media organisations will clash with Greater Manchester Police in court this week over moves to force them to hand over ‘evidence’”.

Full story

The Times, 19th May 2008

Source: www.timesonline.co.uk

One in three back carrying knives – The Guardian

“One in three young people living in cities thinks it is acceptable to carry a knife in self-defence because violence is so rife, according to research revealed today. Teenagers and twenty-somethings have lost faith in politicians, the police or schools to protect them and increasingly believe they need to be armed to defend themselves against people of their own age. Nearly half said they knew someone who had been a victim of knife crime.”

Full story

The Guardian, 18th May 2008

Source: www.guardian.co.uk

Parents to sue over teenager’s MRSA death – Daily Telegraph

“A family has vowed to sue the ‘filthy’ hospital where their teenage daughter died after contracting the ’superbug’ MRSA.”

Full story

Daily Telegraph, 17th May 2008

Source: www.telegraph.co.uk

Anti-Semitic violence nears record level – The Independent

“The number of anti-Semitic attacks in Britain has reached its second-highest level ever, MPs have been told. Figures from a charity show 547 such incidents were recorded last year, of which a record 114 were violent assaults.”

Full story

The Independent, 17th May 2008

Source: www.independent.co.uk

Legal battle for airport begins – BBC News

“Conservationists have started legal proceedings in a bid to halt proposals for a commercial airport in Snowdonia.”

Full story

BBC News, 17th May 2008

Source: www.bbc.co.uk

Cherie Blair: it is ‘not clear’ whether Iraq war was legal – The Guardian

“The legal case for the 2003 Anglo-American invasion of Iraq ‘wasn’t clear’ and ’still isn’t clear’, according to Cherie Blair who admits that she thought deeply about the war.”

Full story

The Guardian, 17th May 2008

Source: www.guardian.co.uk

Second judge hits out at ‘petty’ Cherie Blair – The Times

“Cherie Blair has been ‘petty’ and ’spiteful’ in her memoirs, making her unsuitable for the judiciary, a former judge said this weekend.”

Full story

The Times, 18th May 2008

Source: www.timesonline.co.uk


 

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