Three years for burglar who ‘violated’ home – The Independent

Posted January 20th, 2009 in burglary, news, sentencing by sally

“A burglar was jailed for three years today after a judge told him he had violated a woman’s home while she was on holiday.”

Full story 

The Independent, 20th January 2009

Source: www.independent.co.uk

Juror faces action over comments – BBC News

Posted January 20th, 2009 in contempt of court, juries, news by sally

“Permission has been granted to launch contempt of court proceedings against a newspaper publisher and a jury foreman who told ‘secrets of the jury room’.”

Full story

BBC News, 20th January 2009

Source: www.bbc.co.uk

British military policewoman who ‘worked as prostitute’ forced out of Army – Daily Telegraph

Posted January 20th, 2009 in armed forces, news, prostitution by sally

“A British military policewoman has been forced to leave the Army after she was allegedly discovered to have been working as a prostitute.”

Full story 

Daily Telegraph, 20th January 2009

Source: www.telegraph.co.uk

Sol Campbell: Three plead guilty to racist and homophobic chants – Daily Telegraph

Posted January 20th, 2009 in homosexuality, news, racism, sport by sally

“Three men have pleaded guilty to chanting homophobic and racist abuse at Sol Campbell during a football match.”

Full story

Daily Telegraph, 20th January 2009

Source: www.telegarph.co.uk

Sick workers entitled to full holiday pay, European court rules – The Times

Posted January 20th, 2009 in EC law, news, sick leave, working time by sally

“Workers on long-term sick leave are entitled to paid holidays, one of Europe’s highest courts ruled today.”

Full story

The Times, 20th January 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted January 20th, 2009 in legislation by sally

The Smoke Control Areas (Exempted Fireplaces) (Wales) Order 2008

The A65 Trunk Road (From M6 Junction 36 to the Roundabout Junction with the A59) (Detrunking) Order 2008

The Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts) (Educational Recording Agency Limited) (Amendment) Order 2009

The Civil Enforcement of Parking Contraventions (County of Derbyshire) Designation Order 2009

The Civil Enforcement of Parking Contraventions (County of West Sussex) (Adur District) Designation Order 2009

The Education (Admissions Appeals Arrangements) (England) (Amendment) Regulations 2009

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2009

The Feeding Stuffs (England) (Amendment) Regulations 2009

The National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2009

Source: www.opsi.gov.uk

BAILII : Recent Decisions

Posted January 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ZH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 8 (19 January 2009)

High Court (Administrative Court)

SP v Secretary of State for Justice [2009] EWHC 13 (Admin) (19 January 2009)

High Court (Chancery Division)

Angel Solicitors (a firm) v Jenkins O’Dowd & Barth (a firm) [2009] EWHC 46 (Ch) (19 January 2009)

High Court (Queen’s Bench Division)

Bukhari v Pow Trust & Ors [2009] EWHC 19 (QB) (16 January 2009)

Source: www.bailii.org    

 

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Posted January 20th, 2009 in contracts, electronic mail, insurance, law reports by sally

Allianz Insurance Co – Egypt v Aigaion Insurance Co SA

Court of Appeal

“In the context of a reinsurance contract, where a gap opened up between what had been previously quoted and agreed and what had been defined on the slip as the determinative contract, an e-mail reply by the defendant reinsurer’s representative was to be construed as an acceptance, which gave priority to the slip, rather than a counter-offer, which would have given priority to previous stipulations.”

The Times, 20th January 2009

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.

R v Khan and others – WLR Daily

R v Khan and others [2009] EWCA Crim 2; [2009] WLR (D) 8

Where a member of the same household as a child or vulnerable adult was charged with allowing his or her death, the question whether the defendant had had frequent contact with him or her was a free-standing question, unrelated to issues whether that person had been, or ought to have been, aware of the risk of serious harm to the child or vulnerable adult, and whether the unlawful act had occurred in circumstances of the kind which the defendant had foreseen or ought to have foreseen.”

WLR Daily, 16th January 2009

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.

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same – WLR Daily

Posted January 20th, 2009 in human rights, immigration, law reports by sally

VW (Uganda) v Secretary of State for the Home Department; AB (Somalia) v Same [2009] EWCA Civ 5; [2009] WLR (D) 7

If removal from, or refusal of admission to, the United Kingdom pursuant to lawful immigration controls were to be held a disproportionate interference with private or family life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms it would be necessary to show more than mere hardship, mere difficulty or mere obstacle: there was a seriousness test which required obstacles or difficulties to go beyond matters of choice or inconvenience.”

WLR Daily, 16th January 2009

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.

Criminal Justice and Immigration Act: possession of extreme pornographic images – Ministry of Justice

Posted January 20th, 2009 in circulars, pornography by sally

“A circular on the implementation of sections 63-67 and 71 of the Criminal Justice and Immigration Act on the possession of extreme pornographic images and the increase in the maximum sentence for offences under the Obscene Publications Act 1959.”

Full circular

Ministry of Justice, 19th January 2009

Source: www.justice.gov.uk

Charities angry at rape sentences – BBC News

Posted January 20th, 2009 in news, rape, sentencing by sally

“Disabled charities have condemned the sentences of three men who raped a girl and left her permanently disfigured by throwing caustic soda over her.”

Full story

BBC News, 20th January 2009

Source: www.bbc.co.uk

Black staff sacked by Refugee Council win discrimination case – The Independent

Posted January 20th, 2009 in compensation, news, race discrimination by sally

“The British Refugee Council has been ordered to pay one of its former employees £30,000 in compensation after a tribunal ruled that it was guilty of racial discrimination when it sacked the only two black people working at an immigration centre.”

Full story

The Independent, 20th January 2009

Source: www.independent.co.uk

People caught with cannabis after it is reclassified to escape fines after delay – Daily Telegraph

Posted January 20th, 2009 in drug offences, news by sally

“People caught smoking cannabis will escape £80 on-the-spot fines when the drug is reclassified next week.”

Full story

Daily Telegraph, 19th Janaury 2009

Source: www.telegraph.co.uk

Paedophile pair jailed for life – BBC News

Posted January 20th, 2009 in child abuse, news, sentencing, sexual offences by sally

“Two brothers from Kent who subjected young children to a catalogue of  ‘grave’  sexual abuse over two decades have been jailed for life.”

Full story

BBC News, 19th January 2009

Source: www.bbc.co.uk

Delays to on-the-spot fine plans – BBC News

Posted January 20th, 2009 in fines, news, police by sally

“Plans to increase the number of offences punishable by on-the-spot fines have been delayed amid concerns voiced by magistrates.”

Full story 

BBC News, 20th January 2009

Source: www.bbc.co.uk