Archive for August, 2008

UK considers Guantanamo man move – BBC News

“The government is given a further week by the High Court to consider its refusal to disclose material in case of a UK resident held in Guantanamo Bay.”

Full story

BBC News, 29th August 2008

Source: www.bbc.co.uk

College of Law hits out at SRA proposals – Legal Week

“The College of Law has hit out at the Solicitors Regulation Authority (SRA) after the regulatory body proposed scrapping compulsory higher rights qualifications for solicitor advocates in favour of a voluntary accreditation process.”

Full story

Legal Week, 29th August 2008

Source: www.legalweek.com

Prison for BNP activist’s killer – BBC News

“An Asian man who killed his BNP activist neighbour in a dispute has been jailed for eight years.”

Full story

BBC News, 29th August 2008

Source: www.bbc.co.uk

Divorce rate at its lowest for 26 years – The Guardian

“The divorce rate in England and Wales fell to a 26-year low last year, government figures show today.”

Full story

The Guardian, 29th August 2008

Source: www.guardian.co.uk

Ofcom begins inquiry into mobile telephone charges – The Times

“Ofcom, the communications regulator, has begun its first full-scale inquiry into the mobile phone industry in a move that could revolutionise charging for mobile calls.”

Full story

The Times, 29th August 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

The African Development Bank (Eleventh Replenishment of the African Development Fund) Order 2008

The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008

Source: www.opsi.gov.uk

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon) – Times Law Reports

Attorney-General’s Reference (No 29 of 2008) (Jon Peter Dixon)

Court of Appeal (Criminal Division)

“A non-custodial sentence for sexual offences against a child under 13 where the child had been a willing participant did not meet the essential fact that the law was there not only to protect children from the baleful influence of adults with an inappropriate interest in children but was also designed to protect children from themselves.”

The Times, 29th August 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.

Joyce v Secretary of State for Health – Times Law Reports

Joyce v Secretary of State for Health

Queen’s Bench Division

“Where a care worker challenged a finding of misconduct which had resulted in her being placed by the Secretary of State for Health on a list of those considered unsuitable to work with vulnerable adults, the Care Standards Tribunal was entitled, on appeal, to consider allegations of misconduct not entertained by the secretary of state, provided it acted fairly.”

The Times, 29th August 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.

In re R (Family dispute: Evidence) – Times Law Reports

In re R (Family dispute: Evidence)

Court of Appeal

“Judges conducting preliminary fact-finding hearings in family proceedings involving serious allegations of domestic violence should never terminate the case without hearing all the available evidence.”

The Times, 29th August 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.

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

R (Binyan Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 295

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Commissioners [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 22nd August 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.

Review of the Police and Criminal Evidence Act will cut police bureaucracy – Home Office

“A review of plans to streamline police powers in order to cut red tape, improve efficiency, and protect the rights of the public was set out today by Home Office Minister Tony McNulty.”

Full story

Home Office, 28th August 2008

Source: www.homeoffice.gov.uk

ContactPoint child database launch delayed following security fears – Daily Telegraph

“The launch of the Government’s flagship database of every child living in England has been delayed just days after The Daily Telegraph exposed serious concerns about its purpose.”

Full story

Daily Telegraph, 28th August 2008

Source: www.telegraph.co.uk

Top Asian officer sets out race case and directly blames Met police chief – The Guardian

“Britain’s most senior Asian police officer yesterday directly accused Sir Ian Blair, the Met commissioner, of repeatedly racially discriminating against him.”

Full story

The Guardian, 29th August 2008

Source: www.guardian.co.uk

Security industry’s biggest worry is data leakage, says survey – OUT-LAW.com

“The problem information security professionals are most worried about is preventing data loss by their organisations, a survey has found. It found that 69% of IT security workers put the loss of data at the top of their worry list.”

Full story

OUT-LAW.com, 28th August 2008

Source: www.out-law.com

Hacker Gary McKinnon loses appeal against extradition to US – The Guardian

“Gary McKinnon, a computer expert who hacked into dozens of US military computers, lost his appeal to the European court of human rights today and faces extradition to the US in the next fortnight, his solicitor said.”

Full story

The Guardian, 28th August 2008

Source: www.guardian.co.uk

Spouses and civil partners to receive more when partner dies without leaving a will – Ministry of Justice

“Married couples and civil partners whose spouse or civil partner dies without leaving a will are to benefit from an increase in the statutory legacy under proposals published by the government today.”

Full story

Ministry of Justice, 28th August 2008

Source: www.justice.gov.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

James & Ors, R. v [2008] EWCA Crim 1869 (30 July 2008)

High Court (Chancery Division)

Field Common Ltd v Elmbridge Borough Council [2008] EWHC 2079 (Ch) (27 August 2008)

High Court (Administrative Court)

Prospect & Anor v Ministry of Defence [2008] EWHC 2056 (Admin) (27 August 2008)

Source: www.bailii.org

Greenweb Ltd v Wandsworth London Borough Council – Times Law Reports

Greenweb Ltd v Wandsworth London Borough Council

Court of Appeal

“Where a local authority compulsorily purchased a public open space after refusing the landowner’s application for housing development, the Lands Tribunal had to value the land on the basis that planning permission had been granted for the housing development.”

The Times, 28th August 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 (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party – Times Law Reports

Regina (Thames Water Utilities Ltd) v Bromley Magistrates Court, Environment Agency, interested party

Queen’s Bench Divisional Court

“Sewage escaping from pipes maintained by a statutory undertaker was controlled waste within the meaning of section 33 of the Environmental Protection Act 1990.”

The Times, 28th August 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 (Federation of Tour Operators and Others) v HM Treasury and Others – Times Law Reports

Regina (Federation of Tour Operators and Others) v HM Treasury and Others

Court of Appeal

“The doubling of air passenger duty at seven weeks’ notice was not unlawful.”

The Times, 28th August 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.

Fees Matters – Contractual Terms Update – The Bar Council

“The introduction of the new Contractual Terms of Work, as the standard basis upon which counsel will accept instructions from solicitors, has unfortunately been delayed until Autumn 2009.”

Full story

The Bar Council, 27th August 2008

Source: www.barcouncil.org.uk

Recent Statutory Instruments – OPSI

The National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2008

The Public Contracts and Utilities Contracts (CPV Code Amendments) Regulations 2008

Source: www.opsi.gov.uk

US warning to court in alleged torture case – The Guardian

“The US state department yesterday warned that disclosure of secret information in the case of a British resident said to have been tortured before he was sent to Guantánamo Bay would cause ‘serious and lasting damage’ to security relations between the countries.”

Full story

The Guardian, 28th August 2008

Source: www.guardian.co.uk

Serving time: how much is it worth? – The Times

“How much compensation should be paid to someone whose life is blighted after being wrongly accused or even convicted and jailed for murder?”

Full story

The Times, 28th August 2008

Source: www.timesonline.co.uk

Broadcaster faces £20,000 fine for showing unencrypted sexually explicit material – OUT-LAW.com

“A UK broadcaster has been fined £20,000 for showing sexually explicit content on a free-to-air television channel. Satellite Entertainment Ltd (SEL) breached regulator Ofcom’s Broadcasting Code, it said.”

Full story

OUT-LAW.com, 27th August 2008

Source: www.out-law.com

Sausage roll fine case dismissed – BBC News

“A mother who was taken to court after refusing to pay a £75 fine for dropping a piece of sausage roll on the pavement has had her case dismissed.”

Full story

BBC News, 27th August 2008

Source: www.bbc.co.uk

Police cautions and on-the-spot fines leave magistrates with nothing to do – The Times

“Adult and youth courts in the Midlands are being cancelled because more offenders are being given on-the-spot fines, according to a letter leaked to The Times.”

Full story

The Times, 28th August 2008

Source: www.timesonline.co.uk

Jury convicts man who sold converted replica guns to gangsters – The Guardian

“A man who converted replica submachine guns into lethal weapons that were later linked to some of Britain’s most notorious murders was convicted of a string of firearms offences today.”

Full story

The Guardian, 27th August 2008

Source: www.guardian.co.uk

House raffle is probably illegal, says gambling law expert – OUT-LAW.com

“The Gambling Commission should investigate the couple selling their £1 million house through a £25-a-ticket lottery, a gambling law expert has said. The Commission refused to comment on the case.”

Full story

OUT-LAW.com, 27th August 2008

Source: www.out-law.com

Prison reformers condemn new ‘Titan’ jails as a ‘gigantic mistake’ – The Independent

“Proposals to build three huge new jails would ‘squander’ public money and leave Britain the prisons capital of Europe, a coalition of 34 penal reform groups and unions warn today.”

Full story

The Independent, 28th August 2008

Source: www.independent.co.uk

Lawyers? They’re simply riveting . . . – The Times

“British lawyers have an insatiable appetite for reading about themselves, with a lively and competitive specialist press — including three big weeklies, two smaller niche weeklies, a glossy business monthly and numerous specialist practice titles — catering for that hunger. As the English legal profession stares down the barrel of a global recession, can it continue to support such a crowded field?”

Full story

The Times, 28th August 2008

Source: www.timesonline.co.uk

Pc is jailed for punching child – BBC News

“A policeman has been jailed for 12 weeks for punching a 12-year-old boy in the face at a police station.”

Full story

BBC News, 27th August 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

M, R v [2008] EWCA Crim 1901 (14 August 2008)

Popat, R v [2008] EWCA Crim 1921 (28 July 2008)

Court of Appeal (Civil Division)

AH (Iran) & Ors v Secretary of State for the Home Department [2008] EWCA Civ 985 (06 August 2008)

YT (Eritrea) v Secretary of State for the Home Department [2008] EWCA Civ 1000 (30 July 2008)

Roberts v Brent Council [2008] EWCA Civ 982 (30 July 2008)

High Court (Chancery Division)

Augean Plc v HM Revenue & Customs [2008] EWHC 2026 (Ch) (15 August 2008)

O’Donnell v Shanahan & Ors [2008] EWHC 1973 (Ch) (07 August 2008)

High Court (Administrative Court)

Government of Bermuda v Office of Communications & Ors [2008] EWHC 2009 (Admin) (13 August 2008)

Shashwar, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2069 (Admin) (31 July 2008)

Kaur & Anor, R (on the application of) v London Borough Of Ealing & Anor [2008] EWHC 2062 (Admin) (29 July 2008)

Bogdani v Albanian Government [2008] EWHC 2065 (Admin) (25 July 2008)

High Court (Technology and Construction Court)

VGC Construction Ltd v Jackson Civil Engineering Ltd [2008] EWHC 2082 (TCC) (15 August 2008)

Source: www.bailii.org

Government consults on extension of flexible working rights – OUT-LAW.com

“The Government has asked business what it thinks about its plans to extend flexible working rights to parents of children up to the age of 16.”

Full story

OUT-LAW.com, 27th August 2008

Source: www.out-law.com

Man convicted over Shia flogging – BBC News

“A devout Muslim has been found guilty of child cruelty after forcing two boys to beat themselves during a religious ceremony, in an unprecedented case.”

Full story

BBC News, 27th August 2008

Source: www.bbc.co.uk

Watchdog calls for reform of ’19th century’ electoral system – The Guardian

“The UK’s electoral system is ‘stretched to breaking point’ and unfit for the challenges of the 21st century, the electoral watchdog warned today.”

Full story

The Guardian, 27th August 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

High Court (Family Division)

X and Y, Re Bundles [2008] EWHC 2058 (Fam) (22 August 2008)

High Court (Administrative Court)

HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) (21 July 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Trade Marks (International Registration) Order 2008

The Trade Marks (Fees) Revocation Rules 2008

Source: www.opsi.gov.uk

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another – Times Law Reports

Irwin Mitchell (a Firm) v Revenue and Customs Prosecutions Office and Another

Court of Appeal (Criminal Division)

“It was not the purpose of a criminal restraint order to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of criminal proceedings against him.”

The Times, 27th August 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.

Lifely v Lifely – Times Law Reports

Lifely v Lifely

Court of Appeal

“When the court was considering the admissibility of arguably wrongfully obtained fresh evidence it might consider factors going beyond the classical test.”

The Times, 27th August 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.

Westcott v Westcott – Times Law Reports

Westcott v Westcott

Court of Appeal

“A person who made a complaint to the police, instigating an investigation which did not lead to a prosecution, was entitled to rely on the defence of absolute privilege if proceedings were subsequently brought.”

The Times, 27th August 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.

Section 57 of the Criminal Justice and Immigration Act – draft regulations – Ministry of Justice

“A consultation on draft regulations made under section 57 of the Criminal Justice and Immigration Act 2008 regarding the disclosure of information from the Department of Work and Pensions and Her Majesty’s Revenue and Customs in order to facilitate the assessment of a defendant’s financial eligibility for legal aid at the magistrates’ court.”

Full story

Ministry of Justice, 26th August 2008

Source: www.justice.gov.uk

Just one in 5,000 children caught carrying knives are locked up – Daily Telegraph

“Only one in 5,000 children who are caught carrying knives are locked up for their crime, figures out today show.”

Full story

Daily Telegraph, 27th August 2008

Source: www.telegraph.co.uk

Home Office: New powers proposed for security staff – The Guardian

“Powers for council wardens and private security staff to issue fixed-penalty notices and on-the-spot fines for disorderly behaviour are being considered by the police and Home Office ministers. Chief constables are also looking at using security staff to tackle community problems in places where police involvement might be seen as excessive.”

Full story

The Guardian, 27th August 2008

Source: www.guardian.co.uk

Industry seeks Hips review – The Guardian

“Estate agents, surveyors and solicitors have joined forces to slam home information packs (Hips) as ‘unfit for purpose’.”

Full story

The Guardian, 26th August 2008

Source: www.guardian.co.uk

Paedophiles to be offered form of chemical castration – Daily Telegraph

“Convicted paedophiles are being offered chemical castration for the first time in the UK to help manage their sexual behaviour.”

Full story

Daily Telegraph, 26th August 2008

Source: www.telegraph.co.uk

Apology for Rushdie over book lies – The Independent

“Author Sir Salman Rushdie came to the High Court in London today to hear apologies from the writers and publishers of a book which they admitted contained falsehoods about his time under police protection.”

Full story

The Independent, 26th August 2008

Source: www.independent.co.uk

Will crime maps work? – BBC News Magazine

“Last month the Home Office announced that everyone in England and Wales will have access to crime maps of their local area by the end of this year. But will they help cut crime, or could they have unforeseen consequences?”

Full story

BBC News Magazine, 26th August 2008

Source: www.bbc.co.uk

Jenkins murder claim is dismissed – BBC News

“Police have dismissed a claim by the former deputy head teacher Sion Jenkins that a ‘mystery man’ may have murdered his foster daughter Billie-Jo Jenkins.”

Full story

BBC News, 26th August 2008

Source: www.bbc.co.uk

Sharia courts rule on sex lives in Britain – Daily Telegraph

“Ten currently operate across the country, with around 95 per cent of their cases relating to matrimonial issues.”

Full story

Daily Telegraph, 26th August 2008

Source: www.telegraph.co.uk

Law firms feeling pinch as companies slash legal spending – The Times

“Law firms are feeling the pinch as Britain’s top companies, under pressure from the economic downturn, slash their spending on outside legal advice.”

Full story

The Times, 26th August 2008

Source: www.timesonline.co.uk

Salman Rushdie to appear in High Court as libel case is settled – The Times

“Sir Salman Rushdie will be at the High Court today for the settlement of a libel action he brought over allegations in a book written by a former policeman.”

Full story

The Times, 26th August 2008

Source: www.timesonline.co.uk

Coroner calls for stricter laws on dangerous dogs after boy mauled to death – Daily Telegraph

“A coroner has called for stricter laws controlling the breeding and distribution of dangerous dogs after a 13-month-old boy was mauled to death by his grandparents’ rottweiler.”

Full story

Daily Telegraph, 22nd August 2008

Source: www.telegraph.co.uk

Violent criminals more likely to get a caution than conviction – Daily Telegraph

“Violent criminals are more likely to receive a caution rather than a conviction as punishment for their crimes, according to a report.”

Full story

Daily Telegraph, 25th August 2008

Source: www.telegraph.co.uk

Lawyers make billions but good times are ending – The Times

“Their clients may be cutting jobs and reeling from millions of pounds in losses, but Britain’s corporate lawyers enjoyed record profits last year.”

Full story

The Times, 26th August 2008

Source: www.timesonline.co.uk


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