Church murder teenagers jailed – BBC News

Posted December 18th, 2008 in murder, news, sentencing, young offenders by sally

“Two teenage boys have been jailed for life for the unprovoked murder of a 44-year-old father in a churchyard attack.”

Full story 

BBC News, 18th December 2008

Source: www.bbc.co.uk

Police shamed into apology after Robert Napper admits killing Rachel Nickell – The Times

Posted December 18th, 2008 in murder, news, police by sally

“The Metropolitan Police have issued an humiliating public apology to the man wrongly accused of murdering Rachel Nickell, after a convicted rapist admitted killing her in a frenzied knife attack on Wimbledon Common 16 years ago.”

Full story

The Times, 18th December 2008

Source: www.timesonline.co.uk

Medic found guilty of misconduct – BBC News

Posted December 18th, 2008 in doctors, news, professional conduct by sally

“A Derbyshire GP who made a ‘devastating error of judgement’ over a child who died of meningitis can carry on practising, a panel has ruled.”

Full story

BBC News, 18th December 2008

Source: www.bbc.co.uk

BBC fined over contest deceptions – BBC News

Posted December 18th, 2008 in media, news by sally

“The BBC has been fined £95,000 by media watchdog Ofcom for broadcasting 13 quizzes which listeners could not win.”

Full story

BBC News, 18th December 2008

Source: www.bbc.co.uk

T-Mobile (UK) Ltd and Another v Office of Communications – Times Law Reports

Posted December 18th, 2008 in competition, judiciary, law reports, telecommunications, tribunals by sally

T-Mobile (UK) Ltd and Another v Office of Communications

Court of Appeal

“An appeal from a decision of the Office of Communications (Ofcom) concerning the award of wireless telegraphy licences lay by way of judicial review and not to the Competition Appeal Tribunal.”

The Times, 18th December 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Recent Statutory Instruments – OPSI

Posted December 18th, 2008 in legislation by sally

The European Communities (Definition of Treaties) (2006 International Tropical Timber Agreement) Order 2008

The Misuse of Drugs Act 1971 (Amendment) Order 2008

The Medical Profession (Miscellaneous Amendments) Order 2008

The National Assembly for Wales (Legislative Competence) (Social Welfare and Other Fields) Order 2008

The International Criminal Court (Remand Time) Order 2008

The Civil Aviation (Overseas Territories) (Gibraltar) (Revocations) (No. 2) Order 2008

The Air Navigation (Guernsey) (Revocation) Order 2008

The Inspectors of Education, Children’s Services and Skills (No. 5) Order 2008

The Parliamentary Commissioner Order 2008

The European Communities (Designation) (No. 4) Order 2008

The Civil Aviation (Overseas Territories) (Gibraltar) (Revocations) Order 2008

The Air Navigation (Overseas Territories) (Amendment) Order 2008

The Cayman Islands (Constitution) (Amendment) Order 2008

The Transfer of Functions (Administration of Rent Officer Service in England) Order 2008

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) (No. 2) Order 2008

The Civil Enforcement of Parking Contraventions (St. Helens) Designation Order 2008

The Health and Social Care Act 2008 (Commencement No.6, Transitory and Transitional Provisions) Order 2008

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted December 18th, 2008 in law reports by sally

High Court (Commercial Court)

Markel International Insurance Company Ltd v Surety Guarantee Consultants Ltd & Ors [2008] EWHC 3087 (Comm) (17 December 2008)

High Court (Administrative Court)

Shields, R (on the application of) v Secretary of State for Justice [2008] EWHC 3102 (Admin) (17 December 2008)

High Court (Chancery Division)

Fanmailuk.com Ltd & Anor v Cooper & Ors [2008] EWHC 3131 (Ch) (17 December 2008)

High Court (Technology and Construction Court)

J Murphy & Sons Ltd v Johnston Precast Ltd (Formerly Johnston Pipes Ltd) [No 2 Costs] [2008] EWHC 3104 (TCC) (16 December 2008)

High Court (Queen’s Bench Division)

Parker & Anor v SJ Berwin & Co & Anor [2008] EWHC 3017 (QB) (17 December 2008)

Mardas v New York Times Company & Anor [2008] EWHC 3135 (QB) (17 December 2008)

Source: www.opsi.gov.uk

Calvert v William Hill Credit Ltd – WLR Daily

Posted December 18th, 2008 in duty of care, gambling, law reports, negligence by sally

Calvert v William Hill Credit Ltd [2008] EWCA Civ 1427; [2008] WLR (D) 393

A pathological gambler was not entitled to damages for negligence from a telephone bookmaker which had failed to implement an agreement to prevent him from placing telephone bets. The duty of care undertaken by the bookmaker was to prevent the claimant placing telephone bets with them, not to prevent him gambling altogether. The court could not ignore the fact that the claimant would probably have placed ruinous bets with other bookmakers had he been prevented from gambling with the defendant.”

WLR Daily, 17th December 2008

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.

Burns v HM Advocate – WLR Daily

Posted December 18th, 2008 in criminal procedure, delay, human rights, law reports, Scotland by sally

Burns v HM Advocate [2008] UKPC 63; [2008] WLR (D) 392

Where a defendant, who was resident in Scotland, was interviewed in England by police officers who told him that there was sufficient evidence on which to charge him with offences relating to child pornography and that they would recommend such a course, the reasonable time requirement to which he was entitled under art 6(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, was to be calculated from the date of that interview and not from the later date on which the Lord Advocate, as the competent authority in Scotland, required the defendant to answer charges on which he was indicted to stand trial in Scotland.”

WLR Daily, 17th December 2008

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.

Local Transport Act 2008

Posted December 18th, 2008 in legislation, transport by sally

Local Transport Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Energy Act 2008

Posted December 18th, 2008 in energy, legislation by sally

Energy Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Counter-Terrorism Act 2008

Posted December 18th, 2008 in legislation, terrorism by sally

Counter-Terrorism Act 2008 published

Full text of Act

Source: www.opsi.gov.uk

Vulnerable people to get better protection – Ministry of Justice

Posted December 18th, 2008 in mental health, press releases by sally

“Vulnerable adults who lack mental capacity will benefit from a joined-up approach in responding to concerns about those taking decisions on their behalf and the way they are protected from abuse, according to guidelines published by the Office of the Public Guardian today.”

Full press release 

Ministry of Justice, 17th December 2008

Source: www.justice.gov.uk

Bereaved families get right to inspect medical forms in cremations cases – Ministry of Justice

Posted December 18th, 2008 in burials and cremation, medical records, press releases by sally

“The right of families to inspect medical forms of a deceased relative completed by doctors before cremation takes place will start on 1 January 2009, Justice Minister Bridget Prentice said.”

Full story

Ministry of Justice, 17th December 2008

Source: www.justice.gov.uk

Elton John loses landmark irony libel case – OUT-LAW.com

Posted December 18th, 2008 in defamation, news by sally

“A spoof newspaper diary which claimed that Elton John’s fundraising efforts were principally designed to give him a chance to meet other celebrities and engage in self-promotion was not libellous, the High Court has ruled.”

Full story

OUT-LAW.com, 17th December 2008

Source: www.out-law.com

ISP can use unfair practices law to back unlawful interference claim, rules judge – OUT-LAW.com

Posted December 18th, 2008 in internet, news, unfair commercial practices by sally

“An internet service provider (ISPs) can use an alleged breach of new laws on unfair commercial practices, laws that it has no powers to enforce directly, as the basis of a common law claim of ‘unlawful interference’, the High Court has ruled.”

Full story

OUT-LAW.com, 17th December 2008

Source: www.out-law.com

Family courts: a free-for-all? No, we will still protect children – The Times

Posted December 18th, 2008 in children, family courts, news by sally

“The announcement by Jack Straw that the media are to be given access to the courts at all levels is likely to be welcomed by the judiciary. At last they will be able show the world at large that there is no conspiracy or injustice going on.”

Full story 

The Times, 18th December 2008

Source: www.timesonline.co.uk

Why only radical reform will regain the public’s confidence – The Times

Posted December 18th, 2008 in coroners, inquests, news by sally

“The inquest into the death of Jean Charles de Menezes illustrates dramatically a serious flaw in the framework governing coroners’ investigations — the inclusion in inquest findings of short-form verdicts such as accidental death, misadventure, natural causes, lawful killing and unlawful killing.”

Full story 

The Times, 18th December 2008

Source: www.timesonline.co.uk

Rapist caught by DNA given life – BBC News

Posted December 18th, 2008 in DNA, news, rape, sentencing by sally

“A 55-year-old man whose DNA linked him to two sex attacks committed nine years apart has been jailed for life.”

Full story 

BBC News, 17th December 2008

Source: www.bbc.co.uk

Law lords back ‘post-nuptial’ divorce settlements – The Independent

Posted December 18th, 2008 in divorce, news by sally

“England’s highest judges have given rich people who marry someone poorer a way to avoid an expensive divorce. In future, husbands will be urged to wait until after the honeymoon to negotiate a ‘post-nuptial’ deal. If it is signed without pressure and with legal advice, judges will treat it as binding.”

Full story

The Independent, 18th December 2008

Source: www.independent.co.uk