Archive for December, 2010

Christmas Break

There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 2pm on 21st December. We will resume posting on 4th January 2011.

BAE Systems fined for Tanzania accounting offence – BBC News

“BAE Systems has been fined £500,000 for failing to keep proper records of payments it made to an adviser in Tanzania.”

Full story

BBC News, 21st December 2010

Source: www.bbc.co.uk

Interim practice guidance: The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting – Judiciary of England and Wales

“Interim practice guidance: The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting – Guidance from the Lord Chief Justice.”

Full guidance

Judiciary of England and Wales, 20th December 2010

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2010

The Marine and Coastal Access Act 2009 (Consequential Provisions) (Wales) (No. 2) Order 2010

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2010

The Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) (Amendment) Order 2010

The Geneva Conventions Act (Guernsey) Order 2010

The National Assembly for Wales (Disqualification) Order 2010

The European Communities (Definition of Treaties) (Côte d’Ivoire Economic Partnership Agreement) Order 2010

The Policing and Crime Act 2009 (Commencement No. 7) Order 2010

The Crime and Security Act 2010 (Commencement No. 1) Order 2010

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2010

The Royal Forest of Dean College (Dissolution) Order 2010

The Superannuation Act 2010 (Repeal of Limits on Compensation) Order 2010

The Prescription Only Medicines (Human Use) Amendment Order 2010

The Scottish Parliament (Elections etc.) Order 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

High Court (Administrative Court)

Hussain & Ors, R (on the application of) v Secretary of State for the Health Department [2010] EWHC 3351 (Admin) (20 December 2010)

Infocus Public Networks Ltd v Secretary of State for Communities and Local Government & Ors [2010] EWHC 3309 (Admin) (17 December 2010)

High Court (Chancery Division)

Ashdale Land and Property Company Ltd v Maioriello & Ors [2010] EWHC 3296 (Ch) (20 December 2010)

Macaria Investments Ltd v Sanders & Anor [2010] EWHC 3353 (Ch) (17 December 2010)

High Court (Commercial Court)

Hillside (New Media) Ltd v Baasland & Ors [2010] EWHC 3336 (Comm) (20 December 2010)

Source: www.bailii.org

R (Chester) v Secretary of State for Justice and another – WLR Daily

“Removing the blanket ban on prisoners’ voting in elections, which was required by decisions of the European Court of Human Rights to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms, involved a controversial area of social policy. It was for the Government to decide on the appropriate amending legislation to be enacted to comply with the law. The judiciary ought not to construe existing statutes so as to confer on the courts the function of deciding whether any given prisoner should lose his vote.”

Full story

WLR Daily, 20th December 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.

‘Airline’ man jailed for London to Durham flights scam – BBC News

“A man who said he was setting up an airline to operate flights between London and Durham Tees Valley Airport has been jailed for fraud.”

Full story

BBC News, 20th December 2010

Source: www.bbc.co.uk

Raoul Moat’s alleged accomplices face attempted murder charges – The Guardian

“Two men accused of helping Raoul Moat will face charges of attempting to murder David Rathband, the police officer shot and blinded by the former bouncer, prosecutors have said.”

Full story

The Guardian, 20th December 2010

Source: www.guardian.co.uk

Virtual court scheme too expensive, says report – The Independent

“Rolling out virtual courts would cost more than it would save, a report found today. A pilot project, in which defendants appeared via video link from a police station for their first appearance at a magistrates’ court, cost £247 more per case than the traditional court process, the study for the Ministry of Justice found.”

Full story

The Independent, 21st December 2010

Source: www.independent.co.uk

Mother discovered in bed with 14-year-old boy is jailed – Daily Telegraph

“A mother-of-two who was caught having sex with her 14-year-old schoolboy lover has been jailed for three years.”

Full story

Daily Telegraph, 20th December 2010

Source: www.telegraph.co.uk

Sussex police officer sentenced for false cash claim – BBC News

“A former police officer has been given a suspended prison sentence after he tried to claim £3,500 handed in to police belonged to him.”

Full story

BBC News, 20th December 2010

Source: www.bbc.co.uk

Lord chief justice approves use of Twitter for court reporting – The Guardian

“Guidance follows district judge’s decision to allow tweeting of bail hearing for Julian Assange earlier this month.”

Full story

The Guardian, 20th December 2010

Source: www.guardian.co.uk

Ofcom confirms product placement on UK TV – The Guardian

“Media regulator confirms new rules will form part of broadcasting code from end of February.”

Full story

The Guardian, 20th December 2010

Source: www.guardian.co.uk

BAE radar verdict – Daily Telegraph

“BAE Systems will today be sentenced after pleading guilty to failing to keep accurate records of the sale of military radar to Tanzania, the African country that does not have an air force.”

Full story

Daily Telegraph, 20th December 2010

Source: www.telegraph.co.uk

Law firms win judicial review case against LSC – The Lawyer

“Two law firms, Public Interest Lawyers and RMNJ, have successfully fought a judicial review case against the Legal Services Commission (LSC).”

Full story

The Lawyer, 20th December 2010

Source: www.thelawyer.com

BAILII: Recent Decisions

Court of Appeal (Civil Division)

Vannes KFT v Royal Borough of Kensington and Chelsea & Ors [2010] EWCA Civ 1466 (20 December 2010)

Chester v Secretary of State for Justice & Anor [2010] EWCA Civ 1439 (17 December 2010)

Autoweld Systems Ltd v Kito Enterprises LLC [2010] EWCA Civ 1469 (17 December 2010)

High Court (Chancery Division)

K/S Victoria Street v House of Fraser (Stores Management) Ltd & Ors [2010] EWHC 3344 (Ch) (17 December 2010)

Hurndell v Hurndell & Ors [2010] EWHC 3340 (Ch) (17 December 2010)

Ferneley v Napier & Ors [2010] EWHC 3345 (Ch) (17 December 2010)

High Court Queen’s Bench Division)

Brandeaux Advisers (UK) Ltd & Ors v Chadwick [2010] EWHC 3241 (QB) (17 December 2010)

High Court (Technology and Construction Court)

Schwebel v Wolf Schwebel [2010] EWHC 3280 (TCC) (16 December 2010)

Source: www.bailii.org

Judges can strip prisoners of voting rights – Daily Telegraph

“Judges can strip prisoners of the right to vote, while criminals sentenced to four years or more will also be excluded from voting, under new proposals.”

Full story

Daily Telegraph, 17th December 2010

Source: www.telegraph.co.uk

Recent Statutory Instruments – legislation.gov.uk

The Immigration (Biometric Registration) (Amendment) Regulations 2010

The Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010

The Double Taxation Relief and International Tax Enforcement (Georgia) Order 2010

The Double Taxation Relief and International Tax Enforcement (Hong Kong) Order 2010

The Double Taxation Relief and International Tax Enforcement (Federal Republic of Germany) Order 2010

The Local Elections (Northern Ireland) Order 2010

The National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010

The Family Procedure (Civil Partnership: Staying of Proceedings) Rules 2010

Source: www.bailii.org

Croydon man jailed for heroin smuggling – UK Border Agency

“A Bulgarian man living in Croydon has been sentenced to 7 years in prison at Canterbury Crown Court after pleading guilty to heroin smuggling.”

Full press release

UK Border Agency, 17th December 2010

Source: www.ukba.homeoffice.gov.uk

Footballer Calum Davenport’s attacker has jail term cut – BBC News

“A man who was jailed for six years for a knife attack on a Premier League footballer has had his jail term cut.”

Full story

BBC News, 17th December 2010

Source: www.bbc.co.uk

Gun laws are a ‘complex and confused’ mess, say MPs – BBC News

“Gun laws are a ‘complex and confused’ mess and tighter controls on firearms licences are required, MPs have said.”

Full story

BBC News, 20th December 2010

Source: www.bbc.co.uk

European court urged to end UK marriage ‘apartheid’ – The Guardian

“Campaigners launch legal challenge in attempt to change legislation that prevents gay couples from getting married.”

Full story

The Guardian, 19th December 2010

Source: www.guardian.co.uk

Motion to widen Society membership withdrawn – Law Society’s Gazette

“Law Society Council member Derek French withdrew his motion proposing to allow barristers and legal executives to become members of the Law Society, at the Society’s council last week.”

Full story

Law Society’s Gazette, 17th December 2010

Source: www.lawgazette.co.uk

Man sentenced for 1994 Colchester sex attack – BBC News

“A 40-year-old man has been sent to jail for the rape of a woman in Essex 16 years ago.”

Full story

BBC News, 17th December 2010

Source: www.bbc.co.uk

Gunman jailed for attempted murder in Bolton – BBC News

“A man has been jailed for life for shooting two men outside a Bolton Nightclub 10 years ago.”

Full story

BBC News, 17th December 2010

Source: www.bbc.co.uk

Appeal over hit-and-run asylum seeker – The Independent

“The UK Border Agency will appeal against a tribunal ruling preventing the deportation of a failed asylum seeker who killed a 12-year-old girl in a hit-and-run driving incident, Immigration Minister Damian Green said today.”

Full story

The Independent, 17th December 2010

Source: www.independent.co.uk

Three life sentences for 1982 murder of Dalston family – BBC News

“A man has been given three life sentences for killing a woman and her two daughters in east London in 1982.”

Full story

BBC News, 17th December 2010

Source: www.bbc.co.uk

BNP leader Nick Griffin wins court contempt battle – BBC News

“BNP leader Nick Griffin has fought off a bid to have him declared guilty of contempt of court.”

Full story

BBC News, 17th December 2010

Source: www.bbc.co.uk

Immigration cap overturned by high court judges – The Guardian

“The high court has delivered a fresh blow to home secretary Theresa May’s already troubled plans for a cap on immigration. Two senior judges have ruled that the temporary limit imposed from 28 June on skilled migrants from outside the European Union is unlawful because ministers sidestepped proper parliamentary approval when it was introduced.”

Full story

The Guardian, 17th December 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Court of Appeal (Civil Division)

RMM v HW & Ors [2010] EWCA Civ 1467 (17 December 2010)

Quinn v CC Automotive Group Ltd (t/a Carcraft) [2010] EWCA Civ 1412 (16 December 2010)

Warren v Calzaghe [2010] EWCA Civ 1447 (16 December 2010)

Southern Cross Healthcare Co Ltd v Perkins & Ors [2010] EWCA Civ 1442 (16 December 2010)

Benedetti v Sawiris & Ors [2010] EWCA Civ 1427 (16 December 2010)

Revenue and Customs v Blue Sphere Global Ltd [2010] EWCA Civ 1448 (16 December 2010)

Crema v Cenkos Securities Plc [2010] EWCA Civ 1444 (16 December 2010)

Devon and Somerset Fire and Rescue Service v Tilke [2010] EWCA Civ 1402 (16 December 2010)

Green v Sunset & Vine Productions Ltd & Anor [2010] EWCA Civ 1441 (16 December 2010)

High Court (Administrative Court)

Commission for Equality & Human Rights v Griffin & Ors [2010] EWHC 3343 (Admin) (17 December 2010)

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government [2010] EWHC 3278 (Admin) (16 December 2010)

Wray, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 3301 (Admin) (16 December 2010)

 High Court (Chancery Division)

Zurich Professional Ltd v Brown & Anor [2010] EWHC 3300 (Ch) (16 December 2010)

High Court (Commercial Court)

A v B [2010] EWHC 3302 (Comm) (16 December 2010)

High Court (Family Division)

A Chief Constable & Anor v YK & Ors [2010] EWHC 3282 (Fam) (14 December 2010)

High Court (Technology and Construction Court)

De Beers UK Ltd v Atos Origin It Services UK Ltd [2010] EWHC 3276 (TCC) (16 December 2010)

Source: www.bailii.org

Official Solicitor to the Senior Courts v Yemoh and others – WLR Daily

Official Solicitor to the Senior Courts v Yemoh and others [2010] WLR (D) 334

“Polygamous marriages contracted in accordance with the customary law of Ghana were recognised for the purposes of succession to real estate in England and Wales.”

WLR Daily, 16th December 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.

DCC Holdings (UK) Ltd v Revenue and Customs Comrs – WLR Daily

DCC Holdings (UK) Ltd v Revenue and Customs Comrs [2010] UKSC 58; [2010] WLR (D) 333

“When interpreting a deeming provision in a taxing statute it was important not to take the hypothesis further than was warranted. It followed that the deeming provisions in corporation tax legislation on sale and resale ‘repo’ transactions — whereby the parties’ accounts were to be debited and credited on the basis that it was a deemed loan relationship between them — were to be construed so that they reflected the statutory purpose of taxing such transactions on a uniform basis and not so that one party could claim a debit which could be set off against other liabilities.”

WLR Daily, 16th December 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.

Principal Reporter v K and others – WLR Daily

Principal Reporter v K and others [2010] UKSC 56; [2010] WLR (D) 332

“Positive procedural obligations inherent in the right to respect for family life required sufficient safeguards to be put in place so that a parent or other person whose family life with the child was at risk in the proceedings was given a proper opportunity to participate in the decision-making process.”

WLR Daily, 16th December 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.

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs – WLR Daily

Al Hassan-Daniel and another v Her Majesty’s Revenue and Customs [2010] EWCA Civ 1443; [2010] WLR (D) 331

“There were perceptible and sound policy reasons why the defence of ex turpi causa non oritur actio did not form part of the Strasbourg jurisprudence, save when the matter came to just satisfaction. To introduce it into a claim under the Human Rights Act 1998 would be to create a barrier which citizens of other member states did not face.”

WLR Daily, 16th December 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.

DD (Afghanistan) v Secretary of State for the Home Department – WLR Daily

DD (Afghanistan) v Secretary of State for the Home Department [2010] EWCA Civ 1407; [2010] WLR (D) 330

“Section 54 of the Immigration, Asylum and Nationality Act 2006, on the construction of art 1F(c) of the Convention and Protocol Relating to the Status of Refugees (1951) (Cmd 9171), confirmed by statute that acts of individuals might be acts contrary to the purposes and principles of the United Nations, which ‘included’ acts instigating terrorism and could include acts directed against UN mandated forces.”

WLR Daily, 16th December 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.

UK will copy EU laws directly onto UK statute books to cut down red tape – OUT-LAW.com

“The Government will copy and paste EU Directives onto the UK statute books wherever it can in a bid to cut down on bureaucracy and to help UK businesses.”

Full story

OUT-LAW.com, 16th December 2010

Source: www.out-law.com

Solicitor-advocate training ‘not fit for purpose’ – Law Society’s Gazette

“The training given to solicitor-advocates is ‘not fit for purpose’ and must be improved to conquer the perception that they are inferior to barristers, according to an independent review.”

Full story

Law Society’s Gazette, 16th December 2010

Source: www.lawgazette.co.uk

Insurance Contract Law – Law Commission

“The Law Commission and Scottish Law Commission are conducting a joint review of insurance contract law.”

Full press release

Law Commission, 16th December 2010

Source: www.lawcom.gov.uk

Court of Appeal (Criminal Division) Review of the Legal Year 2009 – 2010 – Judiciary of England and Wales

“Court of Appeal (Criminal Division) Review of the Legal Year 2009 – 2010.”

Full press release

Judiciary of England and Wales, 16th December 2010

Source: www.judiciary.gov.uk

Powers to stop gang violence – Home Office

“Gang injunctions’ can be used by police and local authorities from next month, minister James Brokenshire announced today.”

Full press release

Home Office, 16th December 2010

Source: www.homeoffice.gov.uk

DPP announces measures to strengthen rape prosecutions – Crown Prosecution Service

” ‘Rape victims deserve justice and I am determined that we will deliver it,’ Keir Starmer QC, Director of Public Prosecutions, said today. Mr Starmer was announcing a series of changes within the CPS intended to instil greater quality and consistency into the processes by which crimes of rape are prosecuted.”

Full press release

Crown Prosecution Service, 16th December 2010

Source: www.cps.gov.uk

New compassionate approach to family returns – UK Border Agency

“Yarl’s Wood immigration removal centre will close to children with immediate effect today, following a review of the detention of children and family returns by the government working with key partners.”

Full press release

UK Border Agency, 16th December 2010

Source: www.ukba.homeoffice.gov.uk

Conan Doyle supporters take Undershaw fight to court – BBC News

“Opponents of plans to convert Sir Arthur Conan Doyle’s former Surrey home into flats are taking their fight to the High Court.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

Hertfordshire housemate killer jailed for life – BBC news

“A man who murdered a housemate over a row about a woman and buried him in the garden in Hertfordshire has been jailed for life.”

Full story

BBC News, 15th December 2010

Source: www.bbc.co.uk

BNP leader Nick Griffin faces contempt of court ruling – The Guardian

“BNP leader Nick Griffin will learn today whether he has been found guilty of contempt of court. The Equality and Human Rights Commission accused him at the high court of failing to comply with a county court judgment ordering the removal of potentially racist clauses from his party’s constitution.”

Full story

The Guardian, 17th December 2010

Source: www.bbc.co.uk

IPCC to oversee investigation into wheelchair protester incident – The Guardian

“The police watchdog will oversee the investigation into allegations that police assaulted a young disabled protester as he took part in a student fees demonstration last week.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Marchington vicar sentenced for child abuse images – BBC News

“A Staffordshire vicar convicted of downloading indecent images of children has been sentenced to nine months in prison, suspended for two years.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

Stoke-on-Trent crash death driver spared second jail term – BBC News

“A man who caused the death of a doorman who died six years after being hit by a car has been spared a second jail term.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

The Trafalgar Square killers: two found guilty of attack that left gay man dead – The Guardian

“Former private school pupil and ex-boyfriend convicted at Old Bailey of manslaughter of civil servant.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk

Lord chief justice attacks ministers’ quango plans – The Guardian

“Government plans to abolish a raft of quangos by ministerial decree will have to be completely redrawn after Lord Judge, the lord chief justice, attacked the plans as astonishing and a threat to the entire way in which the judiciary works.”

Full story

The Guardian, 17th December 2010

Source: www.guardian.co.uk

Failed asylum seeker who left girl to die allowed to remain in Britain – Daily Telegraph

“A failed asylum-seeker who left a 12-year-old girl dying under the wheels of his car while banned from driving will be allowed to remain in the UK, judges ruled today.”

Full story

Daily Telegraph, 16th December 2010

Source: www.telegraph.co.uk

Wikileaks: Julian Assange freed on bail but High Court says he must wear electronic tag – Daily Telegraph

“Nine days after he had been arrested at the request of prosecutors in Sweden, where he is wanted for questioning over alleged sex offences, a senior judge threw out attempts to keep him in prison pending and extradition hearing.”

Full story

Daily Telegraph, 17th December 2010

Source: www.telegrpah.co.uk

‘New evidence’ found in phone-hacking lawsuit – The Independent

“Lawyers for Sienna Miller claim to have discovered evidence which shows that a senior News of the World executive was aware a private investigator was being paid to hack into the actress’ voicemails.”

Full story

The Independent, 16th December 2010

Source: www.independent.co.uk

Axing provocation defence ‘not sensible’ – Lord Judge – BBC News

“New laws aimed at protecting female victims of domestic violence have come under fire from the Lord Chief Justice of England and Wales.”

Full story

BBC News, 16th December 2010

Source: www.bbc.co.uk

Tuition fees rise ‘contravenes human rights law’ – The Guardian

“Allowing universities to charge students up to £9,000 a year is contrary to human rights law, according to a legal opinion published today.”

Full story

The Guardian, 16th December 2010

Source: www.guardian.co.uk


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