Archive for September, 2010

Attorney General orders review of private school charity rules – Daily Telegraph

“Controversial rules forcing private schools to offer free places to poor pupils could be scrapped after doubts were raised by the Government’s top law officer.”

Full story

Daily Telegraph, 30th September 2010

Source: www.telegraph.co.uk

Battered women who kill to be main beneficiaries as homicide law changes – The Guardian

“Few people seem to have noticed that the law of murder in England and Wales changes on Monday. With only a few days to go, the Ministry of Justice had not published the circular it normally issues in good time to inform ‘public and stakeholders’ – in this case, killers and courts – about changes in legislation and their commencement dates.”

Full story

The Guardian, 30th September 2010

Source: www.guardian.co.uk

ACS:Law leak ‘shows weakness of Digital Economy Act’ – Daily Telegraph

“Internet service providers and privacy campaigners say the data breach demonstrates how difficult it will be to police the Digital Economy Act.”

Full story

Daily Telegraph, 29th September 2010

Source: www.telegraph.co.uk

Resident who fired catapult at gang of troublemakers wins court battle – Daily Telegraph

“A vigilante resident who was sued after firing a catapult at local troublemakers has been vindicated by a judge.”

Full story

Daily Telegraph, 29th September 2010

Source: www.telegraph.co.uk

Man who pushed woman on to railway in Kent loses appeal – BBC News

“A jail term imposed on a man who pushed a woman on to a live railway track in Kent after a row about him smoking was ‘fully justified’, a court has ruled.”

Full story

BBC News, 29th September 2010

Source: www.bbc.co.uk

Seven jailed over sham marriages scam – The Independent

“Seven members of a gang who organised sham weddings for illegal immigrants were jailed today (28 September).”

Full story

The Independent, 28th September 2010

Source: www.independent.co.uk

Legal Ombudsman seeks views on complaints publishing – Law Society’s Gazette

“A discussion paper issued by the Legal Ombudsman today (28 September) is seeking views on whether it should publish the names of firms when it reports details of consumer complaints.”

Full story

Law Society’s Gazette, 28th September 2010

Source: www.lawgazette.co.uk

Law firm could face £500,000 fine over data breach – The Guardian

“The Information Commissioner could levy a fine of up to £500,000 on the London law firm from which the personal details of more than 8,000 Sky broadband customers, 400 Plusnet customers and 5,000 Britons accused of illicit filesharing have leaked in the past few days.”

Full story

The Guardian, 28th September 2010

Source: www.guardian.co.uk

Blair knew of Guantanamo torture in 2002, lawyers claim – The Independent

“Tony Blair was alerted to allegations of torture involving UK nationals held in Afghanistan and Guantanamo Bay within months of the ‘War on Terror’ beginning, lawyers claimed yesterday.”

Full story

The Independent, 29th September 2010

Source: www.independent.co.uk

Opera composer fails in bid to take libel case to European court – The Guardian

“The composer of an opera who was left bankrupt after unsuccessfully suing the London Evening Standard for libel has failed in his bid to take his case to the European Court of Human Rights.”

Full story

The Guardian, 28th September 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Equality Act 2010 (Commencement No. 4, Savings, Consequential, Transitional, Transitory and Incidental Provisions and Revocation) Order 2010 (Amendment) Order 2010

The Local Government (Wales) Measure 2009 (Commencement No. 2, Transitional Provisions and Savings) (Amendment) Order 2010

The Education (Prescribed Public Examinations) (England) Regulations 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Court of Appeal (Criminal Division)

Boutell, R. v [2010] EWCA Crim 2054 (19 August 2010)

M (A Child), Re [2010] EWCA Civ 1030 (12 August 2010)

High Court (Family Division)

Sandler v Sandler & Anor [2010] EWHC 1415 (Fam) (18 June 2010)

Source: www.bailii.org

Debt management firms warned of closure by OFT – The Guardian

“More than 100 companies could lose their licence unless they comply with OFT rules after the watchdog discovered misleading advertising and poor advice were rife.”

Full story

The Guardian, 28th September 2010

Source: www.guardian.co.uk

Lord Goldsmith questions the MoD’s practices in Iraq – BBC News

“The former Labour government’s top legal adviser during the Iraq war has questioned whether the British military justice system is fit for purpose.”

Full story

BBC News, 27th September 2010

Source: www.bbc.co.uk

Email leak being investigated at law firm that pursues filesharers – The Guardian

“The UK information commissioner is investigating the leak of thousands of emails containing personal information from the controversial solicitors’ firm ACS:Law after the company’s website came under sustained attack by online activists.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

Court napping, the magistrate who fell asleep at the bench – The Independent

“A magistrate has been removed from office after he fell asleep on the bench, causing an assault trial to collapse, the Office for Judicial Complaints said yesterday.”

Full story

The Independent, 28th September 2010

Source: www.independent.co.uk

Sara Payne welcomes ‘Sarah’s Law’ move into Sussex – BBC News

“The mother of Sarah Payne has welcomed the introduction of ‘Sarah’s Law’ in Sussex, the county where her daughter was murdered by a paedophile in 2000.”

Full story

BBC News, 28th September 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

High Court (Queen’s Bench Division)

Giedo Van Der Garde BV & Anor v Force India Formula One Team Ltd [2010] EWHC 2373 (QB) (24 September 2010)

High Court (Administrative Court)

Berry & Marshall (Bolton Wood) Ltd v Secretary of State for Environment, Food & Rural Affairs & Ors [2010] EWHC 2367 (Admin) (24 September 2010)

Source: www.bailii.org

Torture guidance does not breach law, says coalition – The Guardian

“The coalition government appeared to be heading for a clash with the country’s official human rights watchdog today after insisting its newly-published guidance on torture does not breach UK or international law.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

Respond to our consultation: Regulating entities – Bar Standards Board

“Do you think we should regulate businesses as well as individuals? Let us know by responding to our latest consultation.”

Regulating entities homepage

Bar Standards Board, 27th September 2010

Source: www.barstandardsboard.org.uk

Millions paid in compensation to migrants locked up in UK – The Guardian

“Millions of pounds in compensation is being paid to migrants who have been traumatised after being locked up in detention centres across the UK, the Guardian has learned.”

Full story

The Guardian, 26th September 2010

Source: www.guardian.co.uk

Supreme court status should not be at risk in ‘bonfire of the quangos’ – BBC News

“Coalition must safeguard separation of powers and the rule of law when considering status of UK supreme court.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Doncaster Twitter bomb threat man starts appeal – BBC News

“A trainee accountant from Doncaster who posted a message on Twitter threatening to blow up an airport has started an appeal against his conviction.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

New government guidance on torture breaches law – The Guardian

“The UK’s official human rights watchdog has warned the government that its newly published guidance on torture may be unlawful and open to challenge in the courts.”

Full story

The Guardian, 27th September 2010

Source: www.guardian.co.uk

Police ‘witch hunt’ criticised as former school master is cleared of abuse – The Independent

“The case against a former approved school housemaster accused of sexual abuse was thrown out by a judge today – amid stinging criticism of police investigators.”

Full story

The Independent, 24th September 2010

Source: www.independent.co.uk

Illegal cab driver jailed for rape – The Independent

“An illegal minicab driver was jailed for eight years today for raping a passenger.”

Full story

The Independent, 24th September 2010

Source: www.independent.co.uk

Ex MP Nigel Waterson wins damages from Met Police – BBC News

“A former MP who was arrested on suspicion of assaulting his teenage son and daughter has received damages and an apology from the police.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Facebook and Bebo child sex abuse postman jailed – BBC News

“A postman from Cornwall who used social-networking websites to abuse hundreds of children has been jailed for eight-and-a-half years.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

Girl persuades judge not to send her back to Canada as Middlesbrough is ‘more exciting’ – Daily Telegraph

“The schoolgirl who was ‘abducted’ from her father’s home in Canada by her English mother won the right not to return after telling judges: “I never, never in my whole life want to go back there. The 13-year-old made clear her determination to stay in the Teesside town when Lord Justice Thorpe and Lady Justice Smith took the unique step of holding a private interview with her halfway through a hearing at London’s Civil Appeal Court.”

Full story

Daily Telegraph, 24th September 2010

Source: www.telegraph.co.uk

Cheating husband jailed for life for strangling wife – BBC news

“A man has been jailed for life for murdering his wife of five months and hiding her body in their garage.”

Full story

BBC News, 21st September 2010

Source: www.bbc.co.uk

Shallow grave killer Reszpondek loses appeal – BBC News

“A Polish dairy worker serving a life sentence for murdering a colleague and burying her body in a Wrexham field has failed to overturn the conviction.”

Full story

BBC News, 22nd September 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

High Court (Administrative Court)

Hertel v The Government of Canada & Anor [2010] EWHC 2305 (Admin) (17 September 2010)

High Court (Chancery Division)

Ark & Ors v Kaur & Ors [2010] EWHC 2314 (Ch) (17 September 2010)

High Court (Queen’s Bench Division)

Brandeaux Advisers (UK) Ltd v Chadwick [2010] EWHC 2370 (QB) (22 September 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

The Town and Country Planning (Development Management Procedure) (England) Order 2010

Source: www.legislation.gov.uk

Forty-year bar boom set to end – Law Society’s Gazette

“The number of barristers could be set to fall after 40 years of continuous growth, according to a report published last week.”

Full story

Law Society’s Gazette, 23rd September 2010

Source: www.lawgazette.co.uk

Justice Minister supports ‘one stop shops’ for legal services – Ministry of Justice

“Speaking at an event hosted by the Law Society, Jonathan Djanogly stressed the importance of alternative business structures (ABS).”

Full press release

Ministry of Justice, 23rd September 2010

Source: www.justice.gov.uk

Is the family justice system in need of review? – Speech by Lord Justice Wall, President of the Family Division

“Is the family justice system in need of review? – Speech by Lord Justice Wall, President of the Family Division, 19th September 2010.”

Full speech

Judiciary of England and Wales, 19th September 2010

Source: www.judiciary.gov.uk

OFT launches online hotel booking probe – OUT-LAW.com

“The Office of Fair Trading (OFT) is investigating whether the sale of hotel room bookings on the internet breaches competition law, looking into whether an allegedly long-established pricing mechanism is anti-competitive.”

Full story

OUT-LAW.com, 20th September 2010

Source: www.out-law.com

Tribunal orders Government department to release IT contract details – OUT-LAW.com

“The Information Tribunal has ordered a Government department to publish most of the till-now withheld details of a major IT contract after ruling that the public interest was served better by disclosure than secrecy.”

Full story

OUT-LAW.com, 24th September 2010

Source: www.out-law.com

Bar Council Chair to Call for Considered Approach to Lawmaking – The Bar Council

“Nicholas Green QC, the Chairman of the Bar Council, which represents barristers in England and Wales, will call on the Government to take a more considered approach to lawmaking.”

Full press release

The Bar Council, 19th September 2010

Source: www.barcouncil.org.uk

Murderer Ronald Cheshire jailed for raping girl in 1980 – BBC News

“A man who raped, kidnapped and falsely imprisoned a teenage girl 30 years ago has been given a nine-year jail term.”

Full story

BBC News, 23rd September 2010

Source: www.bbc.co.uk

Ricky Hatton stripped of boxing licence – BBC News

“Ricky Hatton has been stripped of his licence to box at a British Boxing Board of Control (BBBC) hearing but can still work as a promoter in the sport.”

Full story

BBC News, 24th September 2010

Source: www.bbc.co.uk

CPS to prosecute online stalkers – The Guardian

“Stalkers, including those who use the internet to target victims, will face tougher action, it was announced today, as prosecutors admitted they have failed to take the problem seriously in the past.”

Full story

The Guardian, 23rd September 2010

Source: www.guardian.co.uk

Ministers face high court battle over cap on immigration – The Guardian

“A high court battle is to be launched that threatens to deliver a fresh body-blow to the government’s already troubled plans to introduce a cap on immigration.”

Full story

The Guardian, 23rd September 2010

Source: www.guardian.co.uk

Solicitor wins gagging order in website case – The Independent

“A solicitor who has been the subject of allegedly defamatory postings on a website called Solicitors From Hell won an interim injunction today against the man who runs the operation, ordering him to remove the allegations from the site.”

Full story

The Independent, 23rd September 2010

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Anti-Slavery Day Act 2010 (Specified Date) Order 2010

The Food Irradiation (England) (Amendment) Regulations 2010

The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010

Source: www.legislation.gov.uk

Handyman jailed for planting porn on boss’s computer – BBC News

“A handyman who planted child pornography on his boss’s computer in a bid to get promoted has been jailed.”

Full story

BBC News, 23rd September 2010

Source: www.bbc.co.uk

Law Society puts legal aid tender case to the High Court – Law Society’s Gazette

“The Law Society warned that the Legal Services Commission’s family tender process will restrict access to justice for victims of domestic abuse, forced marriage and children, as its judicial review of the tender process began in the High Court today.”

Full story

Law Society’s Gazette, 23rd September 2010

Source: www.lawgazette.co.uk

CPS introduces “ground-breaking” legal guidance on stalking – Crown Prosecution Service

“For the first time victims of stalking have had their ordeal recognised in official government guidance. The Crown Prosecution Service (CPS) has today published revised guidance on stalking and harassment. It emphasises the existence and widespread nature of ‘stalking’ as a particular category of harassment and it identifies the various ways in which stalking occurs.”

Full story

Crown Prosecution Service, 23rd September 2010

Source: www.cps.gov.uk

Judge’s veiled criticism of Israeli actions in Gaza causes a legal dilemma – The Guardian

“As the legal establishment gears up for the new legal term starting at the end of next week, two of its leading figures must decide whether to do anything about a case that caused widespread concern during the summer.”

Full story

The Guardian, 23rd September 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Baxter v Mannion [2010] EWCA Civ 1013 (12 August 2010)

EO, R (on the application of) v Secretary of State for the Home Department [2010] EWCA Civ 1009 (17 August 2010)

YM (Eritrea) v Secretary of State for the Home Department [2010] EWCA Civ 1007 (19 August 2010)

High Court (Queen’s Bench Division)

JSC BTA Bank v Mukhtar Ablyazov & Ors [2010] EWHC 2219 (QB) (24 August 2010)

High Court (Chancery Division)

Penny v Montagu Private Equity LLP & Ors [2010] EWHC 2354 (Ch) (22 September 2010)

High Court (Administrative Court)

Cichowska, R (on the application of) v The Circuit Court In Poznan Poland [2010] EWHC 2262 (Admin) (17 August 2010)

Source: www.bailii.org

Unified judiciary plan – Law Society’s Gazette

“Justice secretary Ken Clarke has outlined plans to create a unified judiciary under the leadership of the lord chief justice. The proposal would see the statutory powers of the senior president of the tribunals transferred to the LCJ and the creation of a new head of tribunals justice.”

Full story

Law Society’s Gazette, 23rd September 2010

Source: www.lawgazette.co.uk

Child M and family to be deported to Iran despite protests – The Guardian

“A 10-year-old boy who has lived in the UK for three years with his family has been told by a high court judge he must return to Iran as soon as possible, despite a petition to prevent his deportation that has more than 5,000 signatures.”

Full story

The Guardian, 22nd September 2010

Source: www.guardian.co.uk

Man jailed after microwaving ‘favourite’ hamster – The Independent

“An unemployed construction worker who microwaved his favourite hamster to death was jailed for nine weeks today.”

Full story

The Independent, 22nd September 2010

Source: www.independent.co.uk

Iranian diplomatic impasse leads to damages ruling – The Independent

“Two iranian nationals are to receive compensation from the Government after a judge decided that both had been unlawfully detained while awaiting deportation for criminal convictions.”

Full story

The Independent, 23rd September 2010

Source: www.independent.co.uk

Tweet success awaits the savvy lawyer – The Guardian

“The social networking and microblogging service has much to offer the legal practitioner. Time to jump in.”

Full story

The Guardian, 21st September 2010

Source: www.guardian.co.uk


September 2010
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