Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

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UK judges reopen Guantanamo case – BBC News

Posted May 8th, 2009 in disclosure, intelligence services, news, torture by sally

“The High Court has taken the unusual step of reopening a controversial judgement in the case of the former Guantanamo detainee Binyam Mohamed.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

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Serious Fraud Office to ask parliament to grant it new powers – Law Society’s Gazette

Posted May 8th, 2009 in company directors, deferred prosecution agreements, fraud, news by sally

“The Serious Fraud Office is to ask parliament to enhance its powers to fight fraudulent companies and corrupt directors, the Gazette has learned. The investigation and prosecution agency has begun consulting privately with senior lawyers and officials before it approaches parliament later in the year. Sources close to the discussions said the SFO wants powers to fine fraudulent companies and impose deferred prosecutions, as well as ­legislation requiring companies to report frauds as soon as they are discovered.”

Full story

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

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Lord Hunt outlines vision for regulation – Law Society’s Gazette

Posted May 8th, 2009 in disciplinary procedures, law firms, Law Society, news by sally

“The peer tasked by Chancery Lane with reviewing legal regulation says that only ‘minor’ adjustments to the Law Society’s internal governance may be required to yield ‘enormous benefit’ for the regulation of law firms.”

Full story

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

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BAILII: Recent Decisions

Posted May 8th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Whiston v London Strategic Health Authority [2009] EWHC 956 (QB) (07 May 2009)

High Court (Commercial Court)

Shashoua & Ors v Sharma [2009] EWHC 957 (Comm) (07 May 2009)

Source: www.bailii.org

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Recent Statutory Instruments – OPSI

Posted May 8th, 2009 in legislation by sally

The Crime and Disorder Act 1998 (Responsible Authorities) Order 2009

The School Admissions (Admission Arrangements) (England) (Amendment) Regulations 2009

The Local Authorities’ Traffic Orders (Procedure) (England and Wales) (Amendment) (England) Regulations 2009

Source: www.opsi.gov.uk

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Regina (Nasseri) v Secretary of State for the Home Department – WLR Daily

Posted May 8th, 2009 in asylum, Greece, human rights, law reports by sally

Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148

The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”

WLR Daily, 8th May 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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Bolsover District council v Dennis Rye Ltd – WLR Daily

Posted May 8th, 2009 in cross-claims, insolvency, law reports, winding up by sally

Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147

Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company’s cross claim was not merely arguable but was genuine and serious, and not whether the company should have previously asserted, litigated or issued proceedings for the cross-claim unless it had a good excuse for not doing so.”

WLR Daily, 7th May 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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Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – WLR Daily

Posted May 8th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin); [2009] WLR (D) 146

The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”

WLR Daily, 6th May 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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R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same – WLR Daily

Posted May 8th, 2009 in human rights, law reports, parole, prisons, rehabilitation by sally

R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same (Same intervening)) [2009] UKHL 22; [2009] WLR (D) 145

The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”

WLR Daily, 6th May 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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HR (Portugal) v Secretary of State for the Home Department – WLR daily

Posted May 8th, 2009 in deportation, EC law, imprisonment, law reports by sally

HR (Portugal) v Secretary of State for the Home Department [2009] EWCA Civ 371; [2009] WLR(D) 144

The time during which an European Economic Area national was serving a sentence of imprisonment in the United Kingdom was not to be included when calculating whether he had resided for a continuous period of at least ten years prior to a decision to deport him.”

WLR Daily, 6th May 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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Regina (Lee) v Same; Regina (Wells) v Same – Times Law Reports

Posted May 8th, 2009 in human rights, law reports, parole, prisons, sentencing by sally

Regina (Lee) v Same; Regina (Wells) v Same

House of Lords

“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”

The Times, 8th May 2009

Source: www.timesonline.co.uk

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Government welcomes report highlighting major improvements for victims and witnesses – Ministry of Justice

Posted May 8th, 2009 in press releases, victims, witnesses by sally

“Over 80% of victims and witnesses are satisfied with their experience of the criminal justice system, an independent report published by the Criminal Justice inspectorates today, has highlighted.”

Full press release 

Ministry of Justice, 7th May 2009

Surde: www.justice.gov.uk

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Capital and income in trusts: classification and apportionment – Law Commission

Posted May 8th, 2009 in press releases, trusts by sally

“A project to examine the complicated rules governing the treatment of trust receipts and outgoings as capital or income and the extent to which trustees who have to distinguish between income and capital should be able to invest on a ‘total return’ basis, with reference particularly to trusts for interests in succession and to charitable trusts with permanent endowment.”

Full press release

Law Commission, 7th May 2009

Source: www.lawcom.gov.uk

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Remuneration for Confiscation – The Bar Council

Posted May 8th, 2009 in confiscation, press releases by sally

“On 29 April 2009 the House of Lords confirmed that the prosecution are entitled in confiscation proceedings (i) to prove that the defendant had committed offences other than those to which he had pleaded or in respect of which he had been convicted and (ii) to invite the court to estimate the profit that he must have made from those offences:  R. v. Briggs-Price [2009] UKHL 19.”

Full press release

The Bar Council, 8th May 2009

Source: www.barcouncil.org.uk

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Nichol Review of QC System Endorsed The Revised Procedure – The Bar Council

Posted May 8th, 2009 in press releases, queen's counsel by sally

“The Bar Council and the Law Society have today published the report of Sir Duncan Nichol CBE’s review of Queen’s Counsel Appointments.”

Full press release

The Bar Council, 8th May 2009

Source: www.barcouncil.org.uk

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The murky, mysterious world of the Queen’s Privy Council – The Times

Posted May 8th, 2009 in news, Privy Council by sally

“The Privy Council is one of the most obscure and murky corners of the British constitution — yet its powers are far from antiquated or redundant.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

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Mayfair nightclub Annabel’s fined over tips system – The Times

Posted May 8th, 2009 in news, remuneration, VAT by sally

“A prestigious Mayfair nightclub lost a court battle with the taxman yesterday over a tips system that benefited customers and staff.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

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Navy officer loses racism claim – BBC News

Posted May 8th, 2009 in armed forces, news, race discrimination by sally

“A black Royal Navy officer has lost his claim for racial discrimination

Full story

BBC News, 7th May 2009

Source: www.bbc.co.uk

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Men jailed for 17-day crime spree – BBC News

Posted May 8th, 2009 in burglary, kidnapping, news, robbery, sentencing by sally

“Two men who terrorised part of Greater Manchester during a 17-day crime spree have been jailed for life.”

Full story

BBC News, 7th May 2009

Source: www.bbc.co.uk

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