Archive for August 10th, 2010

Stirland case coroner calls for witness reforms – BBC News

“Police should review witness protection protocols, a coroner has said in her report into the gangland killings of a Lincolnshire couple.”

Full story

BBC News, 10th August 2010

Source: www.bbc.co.uk

Letting over-70s serve on juries ‘would disrupt criminal trials’ – Daily Telegraph

“The Council of Circuit Judges, which represents more than 600 judges in England and Wales, said it had come to the ‘firm conclusion that there is no compelling case to alter the status quo’.”

Full story

Daily Telegraph, 10th August 2010

Source: www.telegraph.co.uk

Sion Jenkins compensation bid rejected – The Independent

“Former teacher Sion Jenkins was refused compensation for the six years he spent in prison before being acquitted of his foster daughter’s murder, it was reported today.”

Full story

The Independent, 10th August 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Gojra & Anor, R v [2010] EWCA Crim 1939 (06 August 2010)

Court of Appeal (Civil Division)

Lockheed Martin Corp v Willis Group Ltd [2010] EWCA Civ 927 (30 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

The Equality Act 2010 (Commencement No. 2) Order 2010

The Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010

The Consumer Credit (Advertisements) Regulations 2010

The Consumer Credit (Amendment) Regulations 2010

The Policing and Crime Act 2009 (Commencement No. 6 and Commencement No. 5 (Amendment)) Order 2010

Source: www.opsi.gov.uk

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 2010

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 (PM) v Hertfordshire County Council – WLR Daily

R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin); [2010] WLR (D) 229

“A local authority charged with obligations to children under ss 17 and 20 of the Children Act 1989 was not bound by a simple finding of fact by the First Tier Tribunal (Immigration and Asylum Chamber) as to the age of an applicant for support. Such a finding was not a judgment in rem nor otherwise binding in law on the local authority, or on other strangers to the asylum and immigration appeal.”

WLR Daily, 6th August 2010

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 Geary – WLR Daily

R v Geary [2010] WLR (D) 228

“The offence under s 328(1) of the Proceeds of Crime Act 2002 of entering into or becoming concerned in an arrangement which a person knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person, applied to property which was criminal at the time when the arrangement attached to it, and did not extend to property which was originally legitimate but became criminal only as a result of carrying out the arrangement.”

WLR Daily, 6th August 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Judge to rule on Daniel Ubani’s attempts to silence sons of dead patient – The Guardian

“A judge will rule later this month on attempts by a German doctor who accidentally killed a patient on his first UK shift as a locum GP to restrict a campaign by the dead man’s sons to stop him working as a doctor in his home country.”

Full story

The Guardian, 9th August 2010

Source: www.guardian.co.uk

Family judges alarmed over legal aid tender – Law Society’s Gazette

“The head of the family courts has warned the Legal Services Commission that he has been ‘inundated’ by family judges expressing serious concerns over the outcome of the family legal aid tender, in a letter seen by the Gazette.”

Full story

Law Society’s Gazette, 9th August 2010

Source: www.lawgazette.co.uk

Is the European court of justice a legal or political institution now? – The Guardian

“The most curious feature of the European court of justice (ECJ) , the court of the European Union, is not that it is a political court, but rather that it has until very recently been so successful in pursuing its political programme of the integration of Europe through law without attracting much public or even expert notice.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Human rights: from Europe to the UK – The Guardian

“A new government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, such as on prisoner voting rights, have languished for years unimplemented and it remains to be seen whether the coalition government will do any more to fulfil its legal obligations to the thousands affected.”

Full story

The Guardian, 9th August 2010

Source: www.guardian.co.uk


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