Archive for November 5th, 2010

Two jailed for lying to police over fatal crash – BBC news

“The father and girlfriend of a drunk driver who fled the scene of a fatal crash have been jailed.”

Full story

BBC News, 5th October 2010

Source: www.bbc.co.uk

Plymouth couple jailed for dealing drugs – BBC News

“A Plymouth couple described by police as drugs dealers of the ‘highest level’ have been jailed.”

Full story

BBC News, 5th November 2010

Source: www.bbc.co.uk

European court demands halt to forcible return of Iraqi asylum seekers – The Guardian

“The government’s programme of deporting failed asylum seekers to Iraq has been thrown into confusion after the European Court of Human Rights ruled that forcible returns to Baghdad should be suspended immediately because of an upsurge in sectarian violence and suicide bombings.”

Full  story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

Five guilty of grooming teenage girls for sex – The Independent

“Five men were condemned as ‘sexual predators’  by a judge today as he handed down lengthy jail terms after they were found guilty of grooming teenage girls for sex.”

Full story

The Independent, 5th November 2010

Source: www.indpedent.co.uk

Maid loses compensation claim over ‘malicious lies’ – The Independent

“A maid who accused her wealthy employers of treating her like a slave lost her compensation claim after being found to have told ‘malicious lies.’ ”

Full story

The Independent, 5th November 2010

Source: www.independent.co.uk

Abu Hamza wins British passport appeal over ‘stateless’ argument – The Guardian

“Abu Hamza, the controversial Islamist cleric, has won an appeal against the government’s attempts to strip him of his British passport, a special tribunal ruled today.”

Full story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

Interrogation techniques at ‘Britain’s Abu Ghraib’ revealed – The Guardian

“Evidence of systematic and brutal mistreatment of Iraqi prisoners at a secret British military interrogation centre that is being described as the UK’s Abu Ghraib emerged today during high court proceedings brought by more than 200 former inmates.”

Full story

The Guardian, 5th November 2010

Source: www.guardian.co.uk

Spurned lover publishes sex photographs of ex-girlfriend on Facebook – Daily Telegraph

“Hooper used his former girlfriend’s own page on the social networking site to post the seven ‘intimate’ shots of her, Gloucester Crown Court was told. Hooper, 34, of Churchdown, Glos, was jailed for 18 months after he admitted breaching a restraining order and committing an unrelated burglary at another woman’s flat.”

Full story

Daily Telegraph, 5th November 2010

Source: www.telegraph.co.uk

Labour minister barred from Commons for three years – Daily Telegraph

“Former immigration minister Phil Woolas lost his seat as an MP today after an election court ruled that he knowingly made false statements about an opponent in May’s general election.”

Full story

Daily Telegraph, 5th November 2010

Source: www.telegraph.co.uk

Swansea student asylum seeker jailed for £250,000 fraud – BBC News

“An overseas student has been jailed for two years at Cardiff Crown Court for fraudulently claiming £250,000 in benefits and funding.”

Full story

BBC News, 4th November 2010

Source: www.bbc.co.uk

Ombudsman to investigate complaints against LSC – Law Society’s Gazette

“The Parliamentary Ombudsman is to investigate complaints of maladministration made against the Legal Services Commission by the Law Society and several law firms over its late claims to recoup payments made on account.”

Full story

Law Society’s Gazette, 4th November 2010

Source: www.lawgazette.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010

The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010

The Housing (Codes of Management Practice) (Student Accommodation) (England) Order 2010

The Houses in Multiple Occupation (Specified Educational Establishments) (England) (No. 2) Regulations 2010

The Tribunal Procedure (Amendment No. 3) Rules 2010

The First-tier Tribunal and Upper Tribunal (Chambers) Order 2010

The Protection of Vulnerable Groups (Scotland) Act 2007 (Consequential Provisions) Order 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

SK Slavia Praha-Fotbal AS v Debt Collect London Ltd & Anor [2010] EWCA Civ 1250 (04 November 2010)

Bovis Homes Ltd v Persimmon Homes Ltd [2010] EWCA Civ 1252 (04 November 2010)

Kingdon v Kingdon [2010] EWCA Civ 1251 (04 November 2010)

L-W (Children), Re [2010] EWCA Civ 1253 (04 November 2010)

High Court (Administrative Court)

Acheampong, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2751 (Admin) (04 November 2010)

Eastenders Cash and Carry Plc & Anor v Revenue and Customs [2010] EWHC 2797 (Admin) (04 November 2010)

High Court (Chancery Division)

Littlewoods Retail Ltd & Ors v Revenue and Customs [2010] EWHC 2771 (Ch) (04 November 2010)

Brooks v AH Brooks & Co (a firm) [2010] EWHC 2720 (Ch) (04 November 2010)

Long v Comptroller General of Patents [2010] EWHC 2810 (Ch) (04 November 2010)

London Tara Hotel Ltd v Kensington Close Hotel Ltd [2010] EWHC 2749 (Ch) (01 November 2010)

High Court (Queen’s Bench Division)

Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010) 

Source: www.bailii.org

Government asks Ofcom to review News Corp’s BSkyB bid – OUT-LAW.com

“The Government has asked media regulator to assess the affect on media plurality of the proposal from Rupert Murdoch’s News Corporation that it take BSkyB private.”

Full story

OUT-LAW.com, 4th November 2010

Source: www.out-law.com

Repudiatory breach cases should rest on principle, not precedent, says Court of Appeal – OUT-LAW.com

“Companies claiming that a business partner walked away from a contract should pay less attention to previous cases and more attention to the basic principles behind the law of repudiation, the Court of Appeal has said.”

Full story

OUT-LAW.com, 1st November 2010

Source: www.out-law.com

Malone and others v British Airways plc – WLR Daily

Malone and others v British Airways plc [2010] EWCA Civ 1225; [2010] WLR (D) 280

“When considering whether a term in a collective agreement was incorporated into employees’ individual contracts of employment, regard would be had, inter alia, to: (i) whether the provision impacted upon the working conditions of the employees; (ii) whether the provision was in truth a collective matter rather than a personal one; and (iii) what the parties had intended the provision to mean.”

WLR Daily, 4th November 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.

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th November 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.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) – WLR daily

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government and Equality and Human Rights Commission intervening) [2010] UKSC 45; [2010] WLR (D) 278

“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 4th November 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.

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others – WLR Daily

Crosstown Music Co 1, LLC v Rive Droite Music Ltd and others [2010] EWCA Civ 1222 ; [2010] WLR (D) 277

“An assignment of copyright which was subject to automatic reverter in the event of an unremedied notified material breach of contract prior to the expiration of the period of copyright was permitted by s 90 of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 3rd November 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 v F and M – WLR Daily

Regina v F and M [2010] EWCA Crim 2437; [2010] WLR (D) 276

“An Order in Council, made pursuant to s 1 of the United Nations Act 1946 to give effect to a United Nations Security Council Resolution, could include the creation of a serious criminal offence for a breach of the Order, even though there was a substantial delay between the adoption of the Resolution and the creation of the offence.”

WLR Daily, 3rd November 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.

Securitas raid: Devon man jailed for hiding £1m cash – BBC News

“A company director has been jailed for concealing some of the money stolen in the UK’s biggest cash raid.”

Full story

BBC News, 4th November 2010

Source: www.bbc.co.uk

Teenage driver jailed for triple death crash – BBC News

“A teenage driver who killed three friends when he crashed into a lamp post has been jailed for three-and-a-half years at St Albans Crown Court.”

Full story

BBC News, 5th November 2010

Source: www.bbc.co.uk

Man who strangled girlfriend faces life sentence – The Independent

“A killer who escaped from custody after strangling his girlfriend 16 years ago and raped two women while on the run in Spain is facing a life sentence today.”

Full story

The Independent, 4th November 2010

Source: www.independent.co.uk

‘Tortured’ Iraqi civilians go to High Court – Daily Telegraph

“Lawyers acting for more than 140 Iraqi civilians who allege they suffered torture and inhuman and degrading treatment at the hands of British soldiers and interrogators go to the High Court today seeking a wide-ranging public inquiry.”

Full story

Daily Telegraph, 5th November 2010

Source: www.telegraph.co.uk

Vanessa George abuse case: Authorities dispute blame – The Guardian

“A dispute erupted today over who could have stepped in to deal with poor management at the nursery where worker Vanessa George abused children in her care. A serious case review on the George case concluded that poor regulation, inadequate training and a lack of supervision at Little Ted’s nursery in Plymouth created an ‘ideal environment’ within which she could sexually assault infants.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

Mark Saunders inquest officer suspended over inquest ‘song titles’ claim – The Guardian

“The police marksman accused of inserting song titles into his evidence during the inquest into the death of barrister Mark Saunders was suspended today, the Metropolitan police said.”

Full story

The Guardian, 4th November 2010

Source: www.guardian.co.uk

‘Careful with those wrinkles,’ Countryfile presenter was told – The Independent

“Former BBC presenter Miriam O’Reilly was warned ‘to be careful with those wrinkles when high definition comes in’ nine months before she was dropped from Countryfile by the BBC, a tribunal heard yesterday. Ms O’Reilly, 53, is suing the broadcaster for sex and age discrimination after losing her job when the rural affairs show was moved to a prime-time slot.”

Full story

The Independent, 5th November 2010

Source: www.independent.co.uk

Respected police sergeant led double life as ‘mob boss in uniform’ – Daily Telegraph

“Salim Razaq, 31, became a ‘mob boss in police uniform’ after taking charge of a drug and money-laundering racket when his younger brother, Hafiz, was jailed for kidnapping a rival gang member during a brutal turf war.”

Full story

Daily Telegraph, 5th November 2010

Source: www.telegraph.co.uk

Phil Woolas awaits court ruling on election victory – Daily Telegraph

“Phil Woolas faces being thrown out of parliament when two High Court judges rule on whether to overturn a general election result in his Oldham constituency and order a re-run.”

Full story

Daily Telegraph, 5th November 2010

Source: www.telegraph.co.uk


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