Archive for June 11th, 2009

Student murder sentences examined – BBC News

“The Attorney General will consider whether the sentences given to two men who tortured and murdered two French students were ‘unduly lenient’.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Speeding biker who filmed death crash banned – The Independent

“A speeding motorcyclist who unwittingly filmed a fellow biker’s death crash with a camera strapped to his petrol tank, walked free from court today with a ban.”

Full story

The Independent, 11th June 2009

Source: www.independent.co.uk

Priest barred over intimate text messages – The Independent

“A priest has been barred from holding a licence after he admitted sending ‘sexual and intimate’ text messages to a teenage parishioner.”

Full story

The Independent, 11th June 2009

Source: www.independent.co.uk

Analysis: Soham loopholes still not closed – The Times

“The investigation into alleged child abuse at the Little Ted nursery is likely to consider whether the worker who was charged yesterday was subjected to the correct vetting process. Loopholes in vetting came to light after the Soham murders of 2002. Yet a new system designed to strengthen checks has yet to come into force, although ministers say they are confident that they will meet the latest deadline of this October.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

G20 police officer under investigation for alleged second assault – The Guardian

“A Metropolitan police sergeant who was filmed slapping a female protester at the G20 protests is under investigation for allegedly assaulting a second woman, the Guardian can reveal.”

Full story

The Guardian, 11th June 2009

Source: www.guardian.co.uk

Man jailed over schoolgirl kidnap – BBC News

“A lorry driver who abducted a 15-year-old girl he met in an internet chatroom and took her to France has been jailed for five years.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Army interpreter loses spy appeal – BBC News

“An Army corporal who was the personal interpreter to Britain’s top general in Afghanistan has lost an appeal against his 10-year sentence for spying.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Three youths found guilty of Ben Kinsella murder – The Independent

“Three youths were found guilty today of murdering Ben Kinsella, the 16-year-old brother of former EastEnders actress Brooke Kinsella.”

Full story

The Independent, 11th June 2009

Source: www.independent.co.uk

House of Lords Judgments: What’s new?

Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action [2009] UKHL 28 (10 June 2009)

Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 (10 June 2009)

R v Islam (Respondent) (on appeal from the Court of Appeal Criminal Division) [2009] UKHL 30 (10 June 2009)

Her Majesty’s Revenue and Customs (Respondents) v Stringer and others (Appellants) [2009] UKHL 31 (10 June 2009)

Source: www.parliament.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 (10 June 2009)

Secretary of State for Work & Pensions v Yates [2009] EWCA Civ 479 (10 June 2009)

High Court (Chancery Division)

Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009)

High Court (Technology and Construction Court)

Thompson (t/a R J Thompson International) v Charlesworth [2009] EWHC 417 (TCC) (17 February 2009)

National House Building Council v Relicpride Ltd & Ors [2009] EWHC 1260 (TCC) (22 May 2009)

Source: www.bailii.org

Corporate manslaughter: making work a much safer place – The Times

“In law, small cases often mark major milestones. When the prosecution of Cotswold Geotechnical Holdings begins next week at Stroud Magistrates’ Court, a new chapter in English law will begin. It will be the first case brought under the Corporate Manslaughter and Corporate Homicide Act 2007 and it signifies a new approach to prosecuting companies for alleged crimes.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – Times Law Reports

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE

House of Lords

“Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person had to be given sufficient information about the case against him to enable him to give effective instructions to the special advocate representing him.”

The Times, 11th June 2009

Source: www.timesonline.co.uk

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others) – WLR Daily

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others [2009] UKHL 31; [2009] WLR (D) 178

“Employees were entitled to complain of the non-payment of statutory holiday pay as an unlawful deduction from wages pursuant to ss 13 and 23 of the Employment Rights Act 1996 as well as under regs 13 and 16 or 14 of the Working Time Regulations 1998.”

WLR Daily, 10th June 2009

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 Islam – WLR Daily

R v Islam [2009] UKHL 30; [2009] WLR (D) 177

“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”

WLR Daily, 10th June 2009

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.

Supperstone v Hurst and another – WLR Daily

Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176

“The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made.”

WLR Daily, 10th June 2009

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 Fazal – WLR Daily

R v Fazal [2009] WLR (D) 175

“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”

WLR Daily, 10th June 2009

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.

Why must a secret service fair hearing be heard in secret? – The Times

“Former MI5 officers guard many secrets. But, as Dame Stella Rimington well knows, they can tell their own stories. A former agent has to seek prior approval for publication from his or her former employers and, if it is not given, any dispute will ultimately be adjudicated by a High Court Judge with all the usual safeguards to ensure a fair trial. Or so it was thought until the Court of Appeal gave judgment in A v B.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Case study: stateless Palestinian came to Britain as refugee – The Times

“Mahmoud Abu Rideh is a stateless Palestinian who came to Britain as a refugee and in 1998 was granted indefinite leave to remain.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

The National Health Service Trusts (Dissolution) (Wales) Order 2009

The Freedom of Information (Time for Compliance with Request) Regulations 2009

The Health Professions Council (Practice Committees and Miscellaneous Amendments Rules) Order of Council 2009

The Health Professions Council (Constitution) Order 2009

The Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009

The Amendments to Law (Resolution of Dunfermline Building Society) (No. 2) Order 2009

The Council Tax Limitation (Maximum Amounts) (England) Order 2009

Source: www.opsi.gov.uk

Analysis: contol orders ruling – information or freedom – The Times

“Yesterday’s ruling highlights the conflicting demands faced by the Government since the September 11 attacks: the need to protect the public from terrorists and the fundamental rights of the individual.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Civil justice system: why we are doing well but can do better – The Times

“Ten years ago I took on the task of looking at how we could reform our slow and costly civil justice system. The resulting proposals were enshrined in new civil procedure rules (CPR). They were intended to transform, and I believe did transform, the legal system. The object was to create a new way of conducting civil litigation in England and Wales.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Metropolitan police officers flushed my head in toilet, says suspect – The Guardian

“One of the victims of alleged torture by six Metropolitan police officers claims his head was thrust down a toilet which was repeatedly flushed over him as he was interrogated, the Guardian has learned.”

Full story

The Guardian, 10th June 2009

Source: www.guardian.co.uk

Q&A: terror control orders – The Times

“What are control orders?

They allow the Home Secretary to impose restrictions on a person suspected of involvement in terrorist related activity.”

Full story

The Times, 10th June 2009

Source: www.timesonline.co.uk

Brown gets tough in Parliament clean-up – The Independent

“Legislation is to be rushed through Parliament to end Westminster’s system of self-regulation and impose a new code of conduct on MPs in the wake of the expenses scandal, Gordon Brown announced today.”

Full story

The Independent, 10th June 2009

Source: www.independent.co.uk


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