Barrister flown back to UK and jailed – The Independent

Posted February 6th, 2009 in barristers, fraud, news by sally

” A former barrister who was jailed in her absence after fleeing to France in the middle of her fraud trial was back behind bars today.”

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The Independent, 6th February 2009

Source: www.independent.co.uk

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BAILII: Recent Decisions

Posted February 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 (06 February 2009)

High Court (Queen’s Bench Division)

Clyde & Co Llp & Anor v New Look Interiors of Marlow Ltd & Anor [2009] EWHC 173 (QB) (06 February 2009)

High Court (Commercial Court)

Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership v BP Shipping Ltd [2009] EWHC 111 (Comm) (29 January 2009)

Source: www.bailii.org

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R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

Posted February 6th, 2009 in disclosure, judgments, law reports, public interest, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Tabernacle v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in byelaws, demonstrations, human rights, law reports, nuclear weapons by sally

Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35

“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Yearworth and others v North Bristol NHS Trust – WLR Daily

Posted February 6th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34

“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

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Regina (TF) v Secretary of State for Justice – Times Law Reports

Posted February 6th, 2009 in law reports, mental health, prisons by sally

Regina (TF) v Secretary of State for Justice

Court of Appeal

“A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it.”

The Times, 6th February 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.

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Ratcliffe v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in armed forces, asbestos, law reports, war pensions, widows by sally

Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33

“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”

WLR Daily, 4th February 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.

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ZT (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2009 in asylum, law reports by sally

ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32

“When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those further submissions were fresh claims which ‘created a realistic prospect of success’ under r 353 of the Immigration Rules (HC 395).”

WLR Daily, 4th February 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.

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Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31

“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”

WLR Daily, 4th February 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.

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Protesters to carry on camping – The Independent

Posted February 6th, 2009 in demonstrations, news by sally

“Women peace activists have been told by a judge they can continue camping outside the Aldermaston nuclear weapons site, no matter how ‘tiresome’ the Ministry of Defence thinks they are.”

Full story

The Independent, 6th February 2009

Source: www.independent.co.uk

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Independent watchdog should be appointed to clean up Lords, says Whitehall standards regulator – Daily Telegraph

Posted February 6th, 2009 in news, parliament by sally

“An independent watchdog should immediately be appointed to clean up the House of Lords, Sir Christopher Kelly, the official Whitehall standards regulator, says.”

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Daily Telegraph, 6th February 2009

Source: www.telegraph.co.uk

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Gutted! The fisherman caught faking his death – The Independent

Posted February 6th, 2009 in fisheries, fraud, news by sally

“A trawlerman who faked his own death and sent an obituary to a magazine to avoid paying fines of up to £1m for flouting fishing regulations is facing jail.”

Full story

The Independent, 6th February 2009

Source: www.independent.co.uk

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Lords: rise of CCTV is threat to freedom – The Guardian

Posted February 6th, 2009 in closed circuit television, news, privacy by sally

“The steady expansion of the ‘surveillance society’ risks undermining fundamental freedoms including the right to privacy, according to a House of Lords report published today.”

Full story

The Guardian, 6th February 2009

Source: www.guardian.co.uk

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