Archive for October 22nd, 2010

Former PE teacher jailed for Scarborough child abuse – BBC News

“A former PE teacher who abused young girls in North Yorkshire more than 30 years ago has been jailed.”

Full story

BBC  News, 22nd October 2010

Source: www.bbc.co.uk

Solicitor jailed for £250,000 fraud – The Independent

“A solicitor was jailed for five years today after pleading guilty to fraud offences, which benefited him to the tune of almost £250,000, police said.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

999 call handler sacked after police delay in murder case – The Independent

“A call handler was sacked after an investigation into why police took so long to respond to the 999 calls of a woman who was murdered by an ex-boyfriend.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Cottingham Lazaat hotel raid: armed teenagers jailed – BBC News

“Four teenagers have been jailed after an armed raid at an East Yorkshire hotel left a night porter ‘terrified.’ ”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk

Jilted ex-boyfriend found guilty of Asha Muneer murder – BBC News

“A jilted teenager has been jailed for life after being found guilty of murdering his ex-girlfriend by stabbing her to death on a river towpath.”

Full story

BBC News, 22nd October 2010

Source: www.bbc.co.uk

Man convicted of parents’ manslaughter in south London – BBC News

“A man has been jailed indefinitely for killing his parents at their home in south London after they criticised him for being in bed with a hangover.”

Full story

BBC News, 22nd October 2010

Source: www.bbc.co.uk

Baby P social workers lose unfair dismissal claim – The Independent

“Two social workers sacked over the Baby P tragedy have lost their claim for unfair dismissal, it emerged today.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Taxi driver jailed for drugging and attacking girls – Daily Telegraph

“A taxi driver, Phillip Brindle, has been jailed for life after being convicted of drugging girls and filming himself attacking them.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

Priest jailed for 21 years on child abuse charges – Daily Telegraph

“A former priest, James Robinson, who fled to the United States 25 years ago has been jailed for 21 years for the sexual abuse of young boys which began in the 1950s.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Aktas v Adepta (A Registered Charity) [2010] EWCA Civ 1170 (22 October 2010)

Wilkinson & The Estate of Brian Wilkinson v Farmer [2010] EWCA Civ 1148 (22 October 2010)

Law Debenture Trust Corporation Plc v Elektrim SA & Anor [2010] EWCA Civ 1142 (22 October 2010)

Oakes, R (on the application of) v Secretary of State for Justice & Ors [2010] EWCA Civ 1169 (22 October 2010)

Dry, R (on the application of) v West Oxfordshire District Council [2010] EWCA Civ 1143 (21 October 2010)

Eminence Property Developments Ltd. v Heaney [2010] EWCA Civ 1168 (21 October 2010)

Court of Appeal (Criminal Division)

LM & Ors v R. [2010] EWCA Crim 2327 (21 October 2010)

High Court (Chancery Division)

Fanmailuk.Com Ltd & Anor v Cooper & Ors [2010] EWHC 2647 (Ch) (21 October 2010)

BT Pension Scheme Trustees Ltd v British Telecommunications Plc & Anor [2010] EWHC 2642 (Ch) (21 October 2010)

Enterprise Inns Plc v The Forest Hill Tavern Public House Ltd & Ors [2010] EWHC 2368 (Ch) (21 October 2010)

Anglo Continental Educational Group (Gb) Ltd v ASN Capital Investments Ltd [2010] EWHC 2649 (Ch) (21 October 2010)

High Court (Commercial Court)

Masri v Consolidated Contractors International Company Sal [2010] EWHC 2640 (Comm) (21 October 2010)

Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm) (21 October 2010) 

High Court (Queen’s Bench Division)

Gray v UVW [2010] EWHC 2367 (QB) (21 October 2010)

Dowson & Ors v Chief Constable of Northumbria Police (Rev 1) [2010] EWHC 2612 (QB) (20 October 2010)

High Court (Technology & Construction Court)

Bewley Homes Plc v CNM Estates (Surbiton) Ltd [2010] EWHC 2619 (TCC) (21 October 2010)

Source: www.bailii.org

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady) – WLR Daily

KG Bominflot Bunkergesellschaft für Mineraloele mbH & Co v Petroplus Marketing AG (The Mercini Lady)[2010] EWCA Civ 1145; [2010] WLR (D) 259

“There was no justification for implying a term in a contract for the sale of goods that goods which were accepted as complying with specification on loading at a seaport should be capable of remaining in an acceptable condition until unloaded at the end of a voyage. The contract specified that the buyer ‘assumes all risks pertaining thereto’. These included the risk of cargo instability. Were the term to be implied it would destroy certainty in the international sale of goods because the testing and certification of goods at the point of loading would always have to make way for a special implied term. Despite the huge inroads made first by the common law and then statute, the underlying principle remained caveat emptor, let the buyer beware.”

WLR Daily, 20th October 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (King) v Secretary of State for Justice – WLR Daily

Regina (King) v Secretary of State for Justice [2010] EWHC 2522 (Admin); [2010] WLR (D) 258

“The discretion of a prison governor to decide the extent of an inmate’s basic association with his fellows did not remove from association its quality as a personal right, a right which was subject to the lawful exercise of discretion by the governor. Within the autonomous meaning afforded to civil rights by the European Court of Human Rights, a prisoner’s residual right of association was a ‘civil right’ within art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 20th October 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.

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) – WLR Daily

Regina (SO) v London Borough of Barking and Dagenham (The Children’s Society intervening) [2010] EWCA Civ 634 1101; [2010] WLR (D) 257

“Local authorities enjoyed, by virtue of s 23C(4)(c) of the Children Act 1989, the power to accommodate a person who had formerly been a child in care and was therefore a former ‘relevant child’ within s 23A of the Act, and a local authority was not entitled, when considering whether the welfare of a former ‘relevant child’ who was also an asylum seeker required that he be accommodated by it, to take into account the possibility of support by the National Asylum Support Service.”

WLR Daily, 20th October 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.

Recent Statutory Instruments – legislation.gov.uk

The Companies Act 2006 (Transfer of Audit Working Papers to Third Countries) Regulations 2010

The National Health Service Bodies (Membership and Procedure) Amendment Regulations 2010

The Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment Regulations 2010

Source: www.legislation.gov.uk

Improperly obtained documents in divorce proceedings – Law Society’s Gazette

“In light of the Court of Appeal’s ­decision in Tchenguiz v Imerman; Imerman v Imerman [2010] EWCA Civ 908, all family lawyers are obliged to reconsider the advice given to clients in respect of ­improperly obtained documents.”

Full story

Law Society’s Gazette, 21st October 2010

Source: www.lawgazette.co.uk

Scrutiny of vetting and barring scheme gets underway – Home Office

“The system of checks that people working with children and vulnerable adults are required to undergo will be considered afresh in a radical examination of the Vetting and Barring Scheme (VBS). The Government today outlined the terms of a thorough review of the VBS which will re-examine whether the scheme is the most appropriate mechanism to protect children and vulnerable people and, if so, how many roles should be covered by it.”

Full press release

Home Office, 22nd October 2010

Source: www.homeoffice.gov.uk

Tracy Dawber’s conviction brings shocking paedophile case to a close – Crown Prosecution Service

“The retrial of Tracy Dawber brings to an end the prosecution of one of the most shocking child abuse rings in the country, said Ann Reddrop, the Crown Prosecution Service lawyer who dealt with all the cases.”

Full press release

Crown Prosecution Service, 18th October 2010

Source: www.cps.gov.uk

Newhaven people smugglers jailed – UK Border Agency

“A couple who tried to smuggle 2 illegal immigrants into Britain in the boot of their hire car have been jailed.”

Full story

UK Border Agency, 21st October 2010

SOurce: www.ukba.homeoffice.gov.uk

One year for ammunition smuggler – UK Border Agency

“A Cambridgeshire man has been sentenced to a year in prison for attempting to smuggle ammunition into the UK.”

Full press release

UK Border Agency, 21st October 2010

Source: www.ukba.homeoffice.gov.uk

Takeover panel protects target companies with rule changes – OUT-LAW.com

“Long term investors’ interests are too easily damaged by hostile takeovers, the Takeover Panel has said. It will amend the City’s rules on takeovers of publicly traded companies to protect the existing shareholders of target companies.”

Full story

OUT-LAW.com, 21st October 2010

Source: www.out-law.com

Appeal will challenge copyright protection in football fixture lists – OUT-LAW.com

“OPINION: Everyone thought the question of what rights exist in football fixture lists was settled back in 2004 when the European Court of Justice concluded that the then new database right did not protect football fixture lists. It wasn’t.”

Full story

OUT-LAW.com, 20th October 2010

Source: www.out-law.com

Three peers suspended from Lords over expenses claims – BBC News

“Three peers have been suspended from the Lords for wrongly claiming expenses totalling tens of thousands of pounds.”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk

Dr Kelly wounds ‘typical of self-inflicted injury’ – The Independent

“Wounds to the body of weapons inspector David Kelly were ‘typical of self-inflicted injury’, according to previously secret medical documents released today.  Justice Secretary Kenneth Clarke said he was publishing the documents on how Dr Kelly died ‘in the interests of maintaining public confidence in the inquiry into how Dr Kelly came by his death’. Lord Hutton, who conducted the inquiry into Dr Kelly’s death, ruled that the report should remain secret for 70 years, but there were a number of calls for another examination of the case.”

Full story

The Independent, 22nd October 2010

Source: www.independent.co.uk

Inquiry after police filmed hitting anti-fascist protester – The Guardian

“An investigation is under way after a police officer was filmed hitting an anti-fascist demonstrator in the face during a far-right rally.”

Full story

The Guardian, 21st October 2010

Source: www.guardian.co.uk

Police force censured over ‘inept’ response to rape complaint – The Guardian

“A police force’s handling of a woman’s complaint that she was raped by a known sex offender was ‘so inept that it borders on the unbelievable’, an official report concluded today.”

Full story

The Guardian, 21st October 2010

Source: www.guardian.co.uk

Broke businessman executed couple for their money – The Independent

“A broke businessman who executed an elderly couple in cold blood for their money was jailed for life today and told he would serve at least 30 years in prison for their murders.”

Full story

The Independent, 21st October 2010

Source: www.independent.co.uk

Anti-paedophile vetting scheme to be ripped up – Daily Telegraph

“An anti-paedophile vetting scheme that would have forced nine million people to undergo checks is to be ripped up under a review to be announced today, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 22nd October 2010

Source: www.telegraph.co.uk

Speed camera jammer banned – Daily Telegraph

“A Porsche driver caught using a laser jammer to disable police speed guns has been banned in a landmark court ruling.”

Full story

Daily Telegraph, 21st October 2010

Source: www.telegraph.co.uk

Huddersfield men guilty of Gurmail Singh murder – BBC News

“Two men have been convicted of murdering a shopkeeper during a robbery at his village store in West Yorkshire.”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk

Top judge Lord Justice Goldring wants to save 34 courts – BBC News

“The senior presiding judge for England and Wales has said he cannot back the closure of 18 of the 103 magistrates’ courts earmarked for closure.”

Full story

BBC News, 21st October 2010

Source: www.bbc.co.uk


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