Archive for July, 2009

Two jailed over hit-and-run death – BBC News

“Two men have been jailed over the death of a grandfather who was hit by a car which failed to stop.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Man incited internet child abuse – BBC News

“A British man who used an internet chatroom to incite a paedophile to sexually abuse an eight-year-old girl in the United States has been jailed.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

High Court revokes control order – BBC News

“The government’s anti-terror strategy has suffered a blow after the High Court revoked the control order of a suspect accused of links to al-Qaeda.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Teaching assistant who helped husband film girls jailed – Daily Telegraph

“Teaching assistant Rosemary Foxall who helped her husband secretly film young girls as they bathed at their home has been jailed for two-and-a-half years.”

Full  story

Daily Telegraph, 31st July 2009

Source: www.telegraph.co.uk

Peter Andre wins libel payout from the People newspaper – The Guardian

“Singer Peter Andre accepts undisclosed but substantial libel damages from the People newspaper.”

Full story

The Guardian, 31st July 2009

Source: www.guardian.co.uk

Ofcom proposes relaxing local radio and cross-media ownership rules – The Guardian

“Watchdog launches consultation on plans to allow commercial radio stations in one area to be owned by one company.”

Full story

The Guardian, 31st July 2009

Source: www.guardian.co.uk

Hacker Gary McKinnon fights on as extradition appeal rejected – The Times

“Computer hacker Gary McKinnon will appeal to the newly formed Supreme Court after he today lost his latest High Court bid to avoid extradition to America.”

Full story

The Times, 31st July 2009

Source: www.timesonline.co.uk

Warning over constitution reforms – BBC News

“The government’s attempts to reform the UK constitution risk failure if they are carried out in too ‘ad hoc and piecemeal’ a way, an MPs’ report said.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Hillsborough files to be opened – BBC News

“Families who lost their loved ones in the Hillsborough disaster have renewed hope of a full disclosure after a meeting with the home secretary.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Yeong v General Medical Council – WLR Daily

Yeong v General Medical Council [2009] EWHC 1923 (Admin); [2009] WLR (D) 268

“When considering a medical practitioner’s fitness to practise where the misconduct consisted of violation of the professional relationship between doctor and patient the efforts made by the practitioner to address his behaviour for the future might carry less weight than in cases where the misconduct consisted of clinical errors or incompetence.”

WLR Daily, 30th July 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 (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same – WLR Daily

R (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same [2009] EWCA Civ 788; [2009] WLR (D) 267

“The statutory scheme established to compensate shareholders subsequent to the nationalisation of Northern Rock plc, on the basis of the assessment of the valuation of the shares by means of the statutory assumptions provided for in s 5(4) of the Banking (Special Provisions) Act 2008, did not violate the shareholders’ right to the protection of their property guaranteed under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Those statutory assumptions struck the balance, required by the Convention, between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights.”

WLR Daily, 30th July 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 Nelson; R v Pathak; R v Paulet – WLR Daily

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

WLR Daily, 30th July 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.

HIV sex offender appeal rejected – BBC News

“A sex offender from Devon who breached an order banning him from contacting people over the age of 60 has failed in a bid to reduce his latest jail term.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

Stiletto snag smoker wins payout – BBC News

“A woman who broke a leg after catching her stiletto heel in a pub’s smoking area has received £18,000 compensation.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

NA (Afghanistan) v Secretary of State for the Home Department (Rev 1) 2009] EWCA Civ 846 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

AM, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 833 (30 July 2009)

Friends of the Earth & Ors, R (on the application of) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 (30 July 2009)

ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834 (30 July 2009)

Manning & Anor v Kings College Hospital NHS Trust [2009] EWCA Civ 832 (31 July 2009)

MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)

Court of Appeal (Criminal Division)

Whittington v R. [2009] EWCA Crim 1641 (30 July 2009)

Iqbal v R. [2009] EWCA Crim 1627 (30 July 2009)

HIgh Court (Administrative Court)

Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) (29 July 2009)

Saha v The General Medical Council [2009] EWHC 1907 (Admin) (29 July 2009)

Serious Organised Crime Agency v Perry & Ors [2009] EWHC 1960 (Admin) (30 July 2009)

High Court (Chancery Division)

Bilkus v Stockler Brunton (a firm) [2009] EWHC 1957 (Ch) (30 July 2009)

Parkinson v Fawdon [2009] EWHC 1953 (Ch) (30 July 2009)

High Court (C0mmercial Court)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)

Calyon v Wytwornia Sprzetu Komunikacynego Pzl Swidnik SA [2009] EWHC 1914 (Comm) (30 July 2009)

High Court (Queen’s Bench Division)

Williams v Jervis (Komatsu) [2009] EWHC 1838 (QB) (30 July 2009)

Williams v Jervis (Komatsu) [2009] EWHC 1837 (QB) (30 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Glasgow Commonwealth Games Act 2008 (Games Association Right) Order 2009

The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009

The Welsh College of Horticulture (Dissolution) Order 2009

The School Admissions Code (Appointed Day) (Wales) Order 2009

Source: www.opsi.gov.uk

R v Charles – WLR Daily

R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265

“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”

WLR Daily, 30th July 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 Bannister – WLR Daily

R v Bannister [2009] EWCA Crim 1571; [2009] WLR (D) 264

“A driver’s special skill, or lack of skill, was an irrelevant circumstance when considering whether his driving was dangerous.”

WLR Daily, 30th July 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.

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others – WLR Daily

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others [2009] EWCA Civ 76; [2009] WLR (D) 263

“A co-operative venture between several business participants as the necessary and proportionate means to enter a new market to achieve the overall objective of the venture was not anti-competitive contrary to art 81EC of the EC Treaty.”

WLR Daily, 30th July 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.

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same – WLR Daily

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same [2009] EWHC 1912 (Ch); [2009] WLR (D) 262

 “Although a contractual provision which had the effect of requiring a person who had become insolvent to be deprived of an asset conflicted with the principle that an insolvent’s assets would be available for distribution among his creditors and would generally be unenforceable, the principle did not invalidate contractual provisions which had the effect of prejudicing creditors of a company in the event of insolvency by the actual or effective removal of an asset from the insolvent estate.”

WLR Daily, 30th July 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 Khan – WLR Daily

R v Khan [2009] EWCA Crim 1569; [2009] WLR (D) 261

“The circumstance that, on a charge of murder, there was unchallenged expert medical evidence that the defendant suffered from such abnormality of mind as to support a defence of diminished responsibility did not of itself necessitate the withdrawal of the charge from the jury.”

WLR Daily, 29th July 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.

Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening – Times Law Reports

Regina (Purdy) v Director of Public Prosecutions; Society for the Protection of Unborn Children intervening

House of Lords

“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances that he would take into account in considering whether to prosecute persons such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”

The Times, 31st July 2009

Source: www.timesonline.co.uk

Reducing reoffending in London – consultation response – Ministry of Justice

“A consultation setting out proposed priorities for the delivery of prison and probation services in the capital and the joint work between agencies to reduce reoffending. The consultation will be used to inform an action plan for 2009-11.”

Full press release

Ministry of Justice, 31st July 2009

Source: www.justice.gov.uk

Bar Council accuses CPS of ‘Alice in Wonderland accounting’ – Law Society’s Gazette

“The Bar Council accused the Crown Prosecution Service of ‘Alice in Wonderland accounting’ this week over the CPS’s claim to have saved millions using its own lawyers rather than external advocates.”

Full story

Law Society’s Gazette, 30th July 2009

Source: www.lawgazette.co.uk

News focus: miners’ compensation – Law Society’s Gazette

“The work that solicitors have done under the mineworkers’ compensation scheme has attracted the attention of press, parliament and the public ever since details of wrongdoing began to emerge earlier this decade. But the debate has focused on two controversies: the millions of pounds that solicitors have earned, and the deductions that some solicitors made from miners’ compensation.”

Full story

Law Society’s Gazette, 30th July 2009

Source: www.lawgazette.co.uk

Bar Council Contributes to Debate on Civil Litigation Costs – The Bar Council

“The Bar Council has today published its response to Lord Justice Jackson’s Preliminary Report on the costs of civil litigation.  Lord Justice Jackson, who has been asked by the Master of the Rolls to investigate civil litigation costs, published his Preliminary Report in May 2009.  A Bar Council Working Group, chaired by Michael Todd QC, has submitted its response to the Preliminary Report. This sets out the Bar Council’s views on the principles of civil litigation costs and on case management.”

Full press release

The Bar Council, 31st July 2009

Source: www.barcouncil.org.uk

Food mixer did not violate rival’s trade mark by using similar shape – OUT-LAW.com

“A claim that one food mixer violated the trade mark rights of another by being similar in shape has failed. The Court of Appeal said that any similarity in shape between the machines had not given Kenwood an unfair advantage over Whirlpool.”

Full story

OUT-LAW.com, 31st July 2009

Source: www.out-law.com

Interest rate of 15% was not a punishment, rules Court of Appeal – OUT-LAW.com

“An interest rate of 15% agreed in a contract between two companies was not a penalty and was justified, the Court of Appeal has said. The interest, which had been ruled unlawful, can be charged, said the Court.”

Full story

OUT-Law.com, 30th July 2009

Source: www.out-law.com

Racecourse price agreements did not break competition law, says Court of Appeal – OUT-LAW.com

“Racecourses did not break competition laws when they decided to sell their television rights only to a company that they owned. A rival company owned by betting shops has lost its case at the Court of Appeal.”

Full story

OUT-LAW.com, 30th July 2009

Source: www.out-law.com

‘Salsa affair’ stab man is jailed – BBC News

“A 66-year-old man who tried to murder his young Filipino wife after she had an affair with a salsa teacher has been jailed for 18 years.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

Banking reform ‘largely cosmetic’ – BBC News

“The government’s plans for reforming the regulation of banks are ‘largely cosmetic’ and ‘lack clarity’, MPs in the Treasury Select Committee say.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Solicitors boycott virtual courts – BBC News

“A government scheme to allow defendants to be dealt with via ‘virtual courts’ is being boycotted by solicitors who say it is ‘justice on the cheap’.

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Teacher Guy Button gave gun to father for hospital ward suicide – The Times

“A music teacher faces up to ten years in prison after he admitted giving his father, who was terminally ill, a gun so that he could shoot himself dead in a busy hospital ward.”

Full story

The Times, 31st July 2009

Source: www.timesonline.co.uk

Teenage volunteers face prosecution unless they register with anti-paedophile database – Daily Telegraph

“Guidance for the controversial Independent Safeguarding Authority states that youths who want to help vulnerable groups will have to be vetted ‘in time for their 16th birthday to avoid committing an offence’.”

Full story

Daily Telegraph, 31st July 2009

Source: www.telegraph.co.uk

Ex-royal bodyguard jailed for £3m investment scam – The Independent

“A former royal bodyguard who masterminded a £3 million investment scam was jailed for six years today.”

Full story 

The Independent, 30th July 2009

Source: www.independent.co.uk

Ronnie Biggs wins permission to challenge parole decision – The Guardian

“The great train robber Ronnie Biggs has been given permission to challenge the decision to refuse him parole, his legal adviser said today.”

Full story

The Guardian, 30th July 2009

Source: www.guardian.co.uk

Organist wins battle for recognition for A Whiter Shade of Pale riff – The Guardian

“The musician who wrote the haunting organ riff in A Whiter Shade of Pale, the 1967 hit for Procol Harum that became part of the soundtrack of the last half-century, is entitled to future royalties, the House of Lords ruled today.”

Full story

The Guardian, 30th July 2009

Source: www.guardian.co.uk

Council house cheats can earn £20,000 a year by sub-letting – The Times

“A crackdown on thousands of council tenants who are making huge profits by sub-letting their homes illegally will be announced by ministers today.”

Full story

The Times, 31st July 2009

Source: www.timesonline.co.uk

‘Right to die’ campaigner Debbie Purdy wins House of Lords ruling – The Times

“Families who help terminally ill relatives to end their lives will be free from the risk of prosecution after a landmark ruling yesterday.”

Full story

The Times, 31st July 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

The Local Justice Areas Order 2009

The Armed Forces (Powers of Stop and Search, Search, Seizure and Retention) Order 2009

The Licensing Act 2003 (Premises Licences and Club Premises Certificates) (Miscellaneous Amendments) Regulations 2009

Source: www.opsi.gov.uk

Blair to be called to Iraq war inquiry – The Independent

“Tony Blair will be called to give evidence to the Iraq war inquiry, its chairman confirmed today.”

Full story

The Independent, 30th July 2009

Source: www.independent.co.uk

Man guilty of killing abused boy – BBC News

“A man has been convicted of causing the death of his partner’s two-year-old son at their Cheshire home.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

Met police torture claims file sent to CPS – Daily Telegraph

“Independent investigators examining claims that Scotland Yard detectives tortured suspects in a drugs case – including accusations of ‘waterboarding’ – have passed a file to the Crown Prosecution Service.”

Full story

Daily Telegraph, 30th July 2009

Source: www.telegraph.co.uk

The Chambers – BBC Radio 4

“Second of two programmes which go behind the elegant facades of legal London to meet the barristers, clerks and staff of Outer Temple Chambers, one of London’s leading law chambers.”

Listen again

BBC Radio 4, 28th July 2009

Source: www.bbc.co.uk

Please note this programme will only be available for 7 days after the broadcast date.

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Tuplin, R. v [2009] EWCA Crim 1572 (29 July 2009)

Tregalles, R. v [2009] EWCA Crim 1638 (29 July 2009)

Court of Appeal (Civil Division)

WL Gore & Associates GmbH v Geox SPA [2009] EWCA Civ 794 (29 July 2009)

Trade Electronix Ltd v Best Buy Today (Wholesale) Ltd & Anor [2009] EWCA Civ 828 (29 July 2009)

Nationwide Building Society v Wright & Anor [2009] EWCA Civ 811 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

High Court (Technology and Construction Court)

Corby Group Litigation, Re [2009] EWHC 1944 (TCC) (29 July 2009)

High Court (Patents Court)

Zeno Corp (Formerly Known As Tyrell Inc) & Anor v BSM-Bionic Solutions Management GmbH & Anor [2009] EWHC 1829 (Pat) (29 July 2009)

Source: www.bailii.org

Should Wendell Wilberforce Baker be tried again for rape? – The Times

“This week the man believed guilty of an appalling rape of a 66-year-old woman in her own home will be named and the details of the crime committed 12 years ago broadcast.”

Full story

The Times, 28th July 2009

Source: www.timesonline.co.uk

Bar Council Marks 60th Anniversary of Legal Aid Act 1949 – The Bar Council

“The Bar Council has produced a short film to mark the 60th anniversary of the Legal Aid Act, which received Royal Assent on the 30th July 1949. The film, which is available on the Bar Council’s website, features interviews with some senior barristers who explain the importance of legal aid and reflect on the future of the publicly funded Bar.”

Full story

The Bar Council, 30th July 2009

Source: www.barcouncil.org.uk

Virtual courts deliver quick and efficient justice – Ministry of Justice

“The new virtual court pilot in Lewisham Police Station was formally opened today by Justice Ministers Bridget Prentice and Claire Ward.”

Full story

Ministry of Justice, 30th July 2009

Source: www.justice.gov.uk

Change of tactics demanded over drugs – The Independent

“The battle against drugs is not winnable in the near future, a survey of police and other law enforcement agents showed today.”

Full story

The Independent, 30th July 2009

Source: www.independent.co.uk

Trade libel lawsuits soar – OUT-LAW.com

“The number of defamation cases brought by businesses has trebled in the past year, according to a legal publisher. The number of defamation cases overall increased by a third in the same period.”

Full story

OUT-LAW.com, 30th July 2009

Source: www.out-law.com

The stress of being a female lawyer – The Times

“As a verdict of suicide is recorded on a top woman City lawyer, a female in the profession reveals the intense burdens.”

Full story

The Times, 30th July 2009

Source: www.timesonline.co.uk

Binyam claims ‘risk to UK lives’ – BBC News

“British lives could be endangered if allegations of torture of a former Guantanamo Bay inmate are published, the High Court has been told.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Decision day for assisted suicide law – The Guardian

“A groundbreaking change in the law on assisted suicides could become inevitable tomorrow when the UK’s highest court delivers its judgment in the case of Debbie Purdy, whose long legal fight has put her at the centre of the controversy.”

Full story

The Guardian, 29th July 2009

Source: www.guardian.co.uk

Asian man who called policemen ‘white redneck hooligans’ is guilty of racism – Daily Telegraph

“An Asian man who called police officers ‘white redneck hooligans’ has been found guilty of making racist remarks.”

Full story

Daily Telegraph, 29th July 2009

Source: www.telegraph.co.uk

How virtual lawyers are weathering the recession – The Times

“Some do it for childcare. Others do it to pursue non-legal interests such as oil painting. One even combines it with presenting the weather on Sky News. But all represent a growing trend of solicitors embracing the freelance life.”

Full story

The Times, 30th July 2009

Source: www.timesonline.co.uk


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