Archive for June 26th, 2008

21/7 ‘obstruction’ case dropped – BBC News

“Prosecutors have dropped charges against a man who was accused of failing to disclose information about one of the attempted 21 July bombers.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Recent Statutory Instruments – OPSI

Jail for helicopter laser prank – BBC News

“A 21-year-old man from Greater Manchester who temporarily blinded a police helicopter pilot with a laser pen has been jailed for four months.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

St. Austell Market Act 2008

St. Austell Market Act 2008 published

Full text (PDF)

Source: www.opsi.gov.uk

Crown denies 7/7 trial witch-hunt – BBC News

“The prosecutor in the trial of three men accused of helping the 7 July London suicide bombers has denied the case was a witch-hunt.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

Q&A: Equality Bill – The Guardian

“The government has announced a new equality bill aimed at tackling ‘entrenched discrimination’ in the workplace and beyond. The bill replaces more than 100 separate pieces of legislation covering race, disability and gender equality.”

Full story

The Guardian, 26th June 2008

Source: www.guardian.co.uk

Four jailed over ‘honour’ killing – BBC News

“Four men have been jailed for a so-called “honour killing” where the husband of a woman was executed on the outskirts of a West Yorkshire town.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

Speeding appeal leaves motorist with £15,000 court bill – Daily Telegraph

“A motorist who challenged a £60 speeding fine is now facing a legal bill of £15,000 after her appeal was rejected by a judge.”

Full story

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk

Harry Potter author JK Rowling’s privacy complaint rejected by PCC – The Guardian

“The Press Complaints Commission today rejected a complaint about privacy from Harry Potter author JK Rowling.”

Full story

The Guardian, 26th June 2008

Source: www.guardian.co.uk

‘Emergency’ witness law unveiled – BBC News

“Jack Straw has told MPs that laws to let witnesses give evidence anonymously are to be rushed through Parliament because there was an ‘an emergency’.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

Legal, British P2P ‘by end of year’ – The Register

“Legal broadband subscription services that permit file sharing may appear on the market by the year’s end, according to music industry sources – after government intervention brought both music suppliers and ISPs to the table.”

Full story

The Register, 26th June 2008

Source: www.theregister.co.uk

GCap fine record £1.1m by Ofcom for phone-in scam – The Times

“GCap, the commercial radio group behind Capital 95.8 and Classic FM, has been fined a record £1.1 million by Ofcom, the media regulator, for manipulating phone-in quizzes to stop prizes from being won too quickly. “

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

Hate crimes: one in five gay people suffer homophobic attacks – The Guardian

“One in five lesbian and gay people have been victims of homophobic aggression over the past three years, a survey of hate crime revealed today. “

Full story

The Guardian, 26th June 2008

Source: www.guardian.co.uk

Daily Cause List, 27th June 2008

Friday 27th June 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible.

Jack Straw urged to send judge after Jersey pair are freed – The Times

“Jack Straw faced pressure yesterday to appoint an independent judge to oversee the child abuse investigation in Jersey, after police were prevented from charging two suspects.”

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

‘Angelic looking’ boy, 12, at risk of being lured into extremism – The Times

“An ‘angelic looking boy’ aged 12 has been identified as at severe risk of being lured into violent Islamist extremism, a senior police officer revealed today.”

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

Britons may be jailed if relatives from abroad overstay – The Guardian

“Families who sponsor overseas relatives to visit Britain will face fines of up to £5,000 and possible prison sentences if their relatives overstay, under Home Office proposals announced yesterday.”

Full story

The Guardian, 26th June 2008

Source: www.guardian.co.uk

House of Lords Judgments: What’s New?

Daily Telegraph Law Reports, 26th June 2008

Ombudsman quits prisoner inquiry – BBC News

“The Prisons and Probation Ombudsman has quit an inquiry into the treatment of a teenage prisoner, blaming the Prison Service for unacceptable restrictions.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Wychavon District Council v Secretary of State for Communities & Local Government & Ors [2008] EWCA Civ 692 (23 June 2008)

Roudham and Larling Parish Council, R (on the application of) v Breckland Council [2008] EWCA Civ 714 (25 June 2008)

Gray v Thames Trains Ltd & Anor (Rev 1) [2008] EWCA Civ 713 (25 June 2008)

High Court (Administrative Court)

Weaver, R (on the application of) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) (24 June 2008)

O’Neil, R (on the application of) v Independent Adjudicator & Anor [2008] EWHC 1371 (Admin) (03 June 2008)

Mitchell, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1370 (Admin) (03 June 2008)

Khan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1367 (Admin) (04 June 2008)

General Medical Council, R (on the application of) v George [2008] EWHC 1337 (Admin) (06 June 2008)

Wheeler, R (on the application of) v Office of the Prime Minister & Anor [2008] EWHC 1409 (Admin) (25 June 2008)

M & Anor, R (on the application of) v London Borough of Lambeth & Ors [2008] EWHC 1364 (Admin) (20 June 2008)

A v Secretary of State for the Home Department [2008] EWHC 1382 (Admin) (23 June 2008)

High Court (Technology and Construction Court)

Owen Pell Ltd v Bindi (London) Ltd [2008] EWHC 1420 (TCC) (19 May 2008)

Fitzpatrick Contractors Ltd v Tyco Fire & Integrated Solutions (UK) Ltd [2008] EWHC 1391 (TCC) (13 June 2008)

Balcombe Group Plc v London Developement Agency [2008] EWHC 1392 (TCC) (24 June 2008)

Drummond v Pool Design Ltd [2008] EWHC 1438 (TCC) (13 June 2008)

Diamond Build Ltd v Clapham Park Homes Ltd [2008] EWHC 1439 (TCC) (25 June 2008)

Source: www.bailii.org

R (Weaver) v London and Quadrant Housing Trust – WLR Daily

R (Weaver) v London and Quadrant Housing Trust [2008] EWHC 1377 (Admin); [2008] WLR (D) 207

“The management and allocation of housing stock by a housing trust which was a registered social landlord under the Housing Act 1996, including decisions concerning the termination of a tenancy, was a function of a public nature, with the effect that the registered social landlord was to regarded as a public authority in that respect for the purposes of s 6(3)(b) of the Human Rights Act 1998. The registered social landlord was accordingly amenable to judicial review on conventional public law grounds in respect of its performance of that function.”

WLR Daily, 25th June 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.

Commune de Mesquer v Total France SA and another – WLR Daily

Commune de Mesquer v Total France SA and another (Case C-188/07); [2008] WLR (D) 206

“When heavy fuel oil, produced during the refinement of crude oil, was discharged from a ship at sea, the producer of the oil, as well as the seller of the oil and the charterer of the ship, could be held liable for the cost of disposing of pollution on the coast caused by the oil.”

WLR Daily, 25th June 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.

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) – WLR Daily

Lewisham London Borough Council v Malcolm (Equality and Human Rights Commission intervening) [2008] UKHL 43; [2008] WLR (D) 205

“A landlord’s claim for a possession order against a disabled tenant who sublet the premises in breach of the tenancy agreement did not amount to unlawful discrimination for a reason which related to the tenant’s disability. A tenant without a disability who had similarly sublet the premises would have been treated in exactly the same way as the tenant with a disability.”

WLR Daily, 25th June 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 Wood – WLR Daily

R v Wood [2008] EWCA Crim 1305; [2008] WLR (D) 204

“In addressing a plea of diminished responsibility in the context of alcohol dependency syndrome, the jury must consider whether it had been established that the defendant’s syndrome was of such an extent and nature that it constituted an abnormality of mind induced by disease or illness, and, if that were established, whether the defendant’s mental responsibility for his actions at the time of the killing was substantially impaired as a result of the syndrome.”

WLR Daily, 25th June 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.

EB (Kosovo) v Secretary of State for the Home Department – WLR Daily

EB (Kosovo) v Secretary of State for the Home Department [2008] UKHL 41; [2008] WLR (D) 203

“Delay in the decision-making process might be relevant to the consideration of an appeal relying on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 25th June 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.

Chikwamba v Secretary of State for the Home Department – WLR Daily

Chikwamba v Secretary of State for the Home Department [2008] UKHL 40; [2008] WLR (D) 202

“An appeal based on art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms against refusal of asylum and leave to enter should not be routinely dismissed on the ground that it would be proportionate and more appropriate for the applicant to return to her home country to apply for leave to enter.”

WLR Daily, 25th June 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.

Chikwamba v Secretary of State for the Home Department – Times Law Reports

Chikwamba v Secretary of State for the Home Department

House of Lords

“An appeal based on the right to family life against a refusal of asylum and leave to enter should not be dismissed routinely because policy required the appellant to leave the country to apply for entry clearance abroad.”

The Times, 26th June 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.

Lewisham London Borough Council v Malcolm – Times Law Reports

Lewisham London Borough Council v Malcolm

House of Lords

“A disabled person who was being evicted from his council flat because he had sublet the flat in breach of the terms of his tenancy and had moved elsewhere, was not being evicted for a reason which related to his disability nor was he being treated less favourably than others who were not disabled. He was therefore not suffering discrimination.”

The Times, 26th June 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.

Transport for London Act 2008

Transport for London Act 2008 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

Brady challenged to find Bennett – BBC News

“Moors murderer Ian Brady has been challenged by a lawyer to help police find the body of Keith Bennett.”

Full story

BBC News, 26th June 2008

Source: www.bbc.co.uk

Harman defends positive discrimination plans – The Independent

“The Equality Minister Harriet Harman today defended controversial plans to encourage firms to discriminate in favour of female and ethnic minorities job candidates.”

Full story

The Independent, 26th June 2008

Source: www.independent.co.uk

‘This was the way these mothers won justice’ – The Times

“When Jacqui Smith heard last week that the judiciary had effectively outlawed courtroom protection for witnesses, she thought of her conversations with the mothers of Letisha Shakespeare and Charlene Ellis.”

Full story

The Times, 25th June 2008

Source: www.timesonline.co.uk

Woman trampled by cows sues farmer for £1 million damages – Daily Telegraph

“A businesswoman who was trampled by cows as she walked through a field is suing the farmer who owns the herd for £1 million.”

Full story

Daily Telegraph, 25th June 2008

Source: www.telegraph.co.uk

The last-minute surprise that is ‘maintaining consumer confidence’ – The Times

“Proper consultation is the rock upon which good regulation is founded. And for the Financial Services Authority, consultation is in its DNA. So when it does the unthinkable and drops a bombshell without warning or discussion — as last week with the announcement of the Short Selling Instrument — people are bound to be left shellshocked and confused, especially if they are lawyers under pressure from clients to advise on what needs to be done.”

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

When crime is used as an excuse – BBC News

“Three men who took part in the brutal murder of special constable Nisha Patel-Nasri, have been jailed for life.”

Full story

BBC News, 25th June 2008

Source: www.bbc.co.uk

Law ‘will ban age discrimination’ – BBC News

“The government is to bring forward new legislation to outlaw all forms of age discrimination, the BBC has learned.”

Full story

BBC News, 25th June 2008

Source: www.bbc.co.uk

Employers ’should publish salaries to cut gender wage gap’ – Daily Telegraph

“Employers should disclose information about workers’ salaries to help narrow the pay gap between men and women, the Government will say today.”

Full story

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk

The fine line between tolerance and political correctness – The Times

“Does one betray or does one defend Western values by allowing those committed to destroying them to be exposed to practices that are anti-Western?”

Full story

The Times, 26th June 2008

Source: www.timesonline.co.uk

Ken Russell’s former wife contests will of mother’s lesbian lover – The Independent

“The case of the sculptress, her £2.3m estate, an elderly lesbian with Alzheimer’s disease and her severely indebted actress daughter reached London’s High Court yesterday.”

Full story

The Independent, 26th June 2008

Source: www.independent.co.uk

The £16.3 million compensation set aside for pavement falls – Daily Telegraph

“Local councils are having to set aside at least £16.3 million to cover cases where people sue for compensation for injuries caused by pavement falls, new research has claimed.”

Full story

Daily Telegraph, 23rd June 2008

Source: www.telegraph.co.uk

‘No win, no fee’ under scrutiny – Ministry of Justice

“A research-based review of no win, no fee arrangements in England and Wales was announced today (25 June).”

Full story

Ministry of Justice, 25th June 2008

Source: www.justice.gov.uk

Outer Temple and Mark Howard QC win Bar’s top awards – The Lawyer

“Outer Temple Chambers won Chambers of the Year at The Lawyer Awards last night (24 June), while Mark Howard QC of Brick Court scooped Barrister of the Year.”

Full story

The Lawyer, 25th June 2008

Source: www.thelawyer.com

The Anonymity Crisis – BBC Law in Action

“A House of Lords judgement on witness anonymity has created huge headaches for courts and lawmakers – but is there a way forward?”

Full story

BBC Law in Action, 24th June 2008

Source: www.bbc.co.uk

A quarter of adults to face ‘anti-paedophile’ tests – Daily Telegraph

“A quarter of the adult population faces an ‘anti-paedophile’ test in an escalation of child protection policies, according to a report.”

Full story

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk

‘Muddle-through’ system blamed for loss of 25m benefit records – The Guardian

“The loss of 25m child benefit records, including bank details and sensitive personal information, was brought about by a ‘woefully inadequate system’ and was ‘entirely avoidable’, according to two reports published yesterday.”

Full story

The Guardian, 26th June 2008

Source: www.guardian.co.uk


 

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