Archive for July 9th, 2008

Recent Statutory Instruments – OPSI

We need tougher sentences for knife crime, says Britain’s top judge – Daily Telegraph

“The independent body which advises judges and magistrates on sentencing has failed to keep pace with the scale of Britain’s knife crime crisis, the Lord Chief Justice has said.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Charities ’should be subject to human rights’ – The Guardian

“Human rights and freedom of information legislation should be extended to cover charities and social enterprises that deliver public services, such as care homes, a report said today.”

Full story

The Guardian, 9th July 2008

Source: www.guardian.co.uk

Judge praises twins who reported their drink-driving mother – Daily Telegraph

“A judge has praised twin sisters for public spiritedness in reporting their mother to police for drink driving.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Law and order: Police stop nearly 2m for questioning in year – The Guardian

“The police used their powers to stop members of the public in the street and demand they account for themselves on nearly 2m occasions in the year 2006-07, according to Ministry of Justice figures published yesterday.”

Full story

The Guardian, 9th July 2008

Source: www.guardian.co.uk

Peers call for cybercrime shakeup (again) – OUT-LAW.com

“Peers are calling for a reversal of rules that stop UK victims reporting cybercrimes directly to the police. The House of Lords science committee is also encouraging the government to introduce a data breach notification law.”

Full story

OUT-LAW.com, 9th July 2008

Source: www.out-law.com

Impractical and wrong in principle: former MI5 chief’s verdict on Brown’s 42-day plan – The Guardian

“Gordon Brown’s plan to detain terror suspects without charge for up to 42 days suffered a big setback yesterday when the former head of MI5 condemned it as unworkable and all but accused Downing Street of playing politics with Britain’s national security.”

Full story

The Guardian, 9th July 2008

Source: www.guardian.co.uk

Prisons: Child secure units still use adult restraint methods, says inspector – The Guardian

“Children being held in secure units are still subjected to restraining techniques designed for adults, with no consistent system of recording the reasons for its use, according to the prisons inspector.”

Full story

The Guardian, 9th July 2008

Source: www.guardian.co.uk

UK-IPO asks if research exemption in patent law is too vague – OUT-LAW.com

“The UK Intellectual Property Office (UK-IPO) will attempt to clear up uncertainty and doubt about an exception to patent law for researchers, moving to end a lack of clarity about which acts are illegal and which are allowed.”

Full story

OUT-LAW.com, 9th July 2008

Source: www.out-law.com

Disabled teenagers allegedly told they were ’scaring off other customers’ in salon – Daily Telegraph

“Three disabled teenagers who were allegedly ’shooed’ out of a beauty salon by staff who said they were ’scaring off other customers’ have accepted £4,500 in an out of court settlement.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Huge rise in number of racist attacks – The Independent

“Record numbers of racist incidents – from verbal abuse to stabbings – are being reported to police, fuelling fears that levels of Islamophobia are rising.”

Full story

The Independent, 9th July 2008

Source: www.independent.co.uk

Prison’s use of force criticised – BBC News

“The use of force at Dartmoor Prison has been criticised in a report by the Chief Inspector of Prisons.”

Full story

BBC News, 9th July 2008

Source: www.bbc.co.uk

Burglary ‘does not deserve jail’ – The Times

“Unpaid work or a curfew could be a better way of punishing ‘less serious’ thieves, sentencing advisers recommend.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Dangerous Offenders – Sentencing Guidelines Council

“On 14th July 2008, the dangerous offender provisions in the 2003 Act are amended as a result of the implementation of relevant provisions in the Criminal Justice and Immigration Act 2008. The Guide for Sentencers and Practitioners issued by the Sentencing Guidelines Council in September 2007 as an addendum to its Guideline Judgments Compendium has also been amended. The Guide brings together the statutory provisions and relevant case law for the assistance of both the judiciary and practitioners: it is not a Council guideline. As well as incorporating the effect of the new provisions into the text, a new Annex F reproduces sections 225-229 of the 2003 in amended form, including the new schedule 15A. A brief summary of the effect of the new provisions is also included for ease of reference.”

Dangerous Offenders – Guide for Sentencers and Practitioners (PDF)

Sentencing Guidelines Council, 9th July 2008

Source: www.sentencing-guidelines.gov.uk

UBS fails in bid to fight sub-prime lawsuit in London – The Times

“The Swiss bank has been told by the High Court that it must defend itself against a £100m lawsuit in the US, not in London.”

Full story

The Times, 8th July 2008

Source: www.timesonline.co.uk

BAILII: Recent Decisions

More rapists will be convicted, promises Government – The Independent

“The Government says it will increase the conviction rate for rape, one of the most under-reported crimes.”

Full story

The Independent, 9th July 2008

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Family of teenager killed by cyclist call for change in law – Daily Telegraph

“The family of a teenager killed by a speeding cyclist have called for a change in the law after he walked free from court with just a ‘laughable’ fine.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Daily Cause List, 9th July 2008

Wednesday 9th July 2008

Source: www.hmcourts-service.gov.uk

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

AC-Treuhand AG v Commission of the European Communities (Case T-99/04) – WLR Daily

AC-Treuhand AG v Commission of the European Communities (Case T-99/04); [2008] WLR (D) 229

“A consultancy firm which contributed actively and intentionally to a cartel between producers which were active on a market other than that on which the firm itself operated was liable for an infringement of article 81(1)EC, even though it was not a party to the agreement between the producers.”

WLR Daily, 8th July 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.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Vodafone 2 v Revenue and Customs Commissioners [2008] EWHC 1569 (Ch); [2008] WLR (D) 228

“Legislation concerning controlled foreign companies (CFC), which relied on ss 747 and 748 of the Income and Corporation Taxes Act 1988 for its effectiveness, was not compliant with European Community law and must be disapplied so that, pending such amending legislation or executive action, no charge could be imposed on a taxpayer company under that legislation.”

WLR Daily, 8th July 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 Porter – Times Law Reports

Regina v Porter

Court of Appeal (Criminal Division)

“The fact that a particular risk was a part of everyday life would go the issue whether a member of the public had been exposed to the risk in the conduct of an undertaking.”

The Times, 9th July 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.

Gray v Thames Trains Ltd and Another – Times Law Reports

Gray v Thames Trains Ltd and Another

Court of Appeal

“A claimant, who, as a result of the defendant’s negligence, suffered depression which led him to kill someone, could recover damages for loss of earnings after he committed manslaughter so long as his claim was not inextricably linked to his criminal actions.”

The Times, 9th July 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.

Madeleine McCann: Kate and Gerry’s fury at ‘club’ devoted to prosecuting them – Daily Telegraph

“Gerry and Kate McCann have expressed their anger at the establishment of a fee-paying ‘club’ dedicated to seeing them prosecuted over the disappearance of their daughter Madeleine.”

Full story

Daily Telegraph, 9th July 2008

Source: www.telegraph.co.uk

Call for specialist rape squads – BBC News

“Every police force should set up a specialist squad to investigate rape allegations, a senior officer says.”

Full story

BBC News, 9th July 2008

Source: www.bbc.co.uk

Changes to prosecution witness anonymity rules may not save trials – The Times

“Prosecutions are at risk of not going ahead even if fast-track plans to allow witnesses anonymity in court are approved, the Director of Public Prosecutions said yesterday.”

Full story

The Times, 9th July 2008

Source: www.timesonline.co.uk

Legal Opinion: The debate on prison sentencing is now on a knife edge – The Indepdent

“The call for automatic prison sentences to combat violence on our streets has become deafening in the past few weeks. But, pleads Robert Verkaik, Law Editor, politicians mustn’t act until they have considered the evidence.”

Full story

The Independent, 9th July 2008

Source: www.independent.co.uk

Schoolgirl jailed for theft from Freshfields – The Times

“Within three days of joining Freshfields, a schoolgirl on work experience forged her boss’s signature onto 11 cheques.”

Full story

The Times, 8th July 2008

Source: www.timesonline.co.uk

Woman wrongly branded a violent alcoholic must give fingerprints, says CRB – Daily Telegraph

“A woman wrongly branded a violent alcoholic and drug addict by the Criminal Records Bureau has been told she will have to allow police to take her fingerprints if she wants to clear her name.”

Full story

Daily Telegraph, 8th July 2008

Source: www.telegraph.co.uk


 

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