Day: 28 May 2009

R v Horncastle and another; R v Marquis and another; R v Carter – WLR Daily

Posted May 28th, 2009 in hearsay evidence, human rights, law reports by sally

R v Horncastle and another; R v Marquis and another; R v Carter [2009] EWCA Crim 964; [2009] WLR (D) 173

“There would be no breach of art 6, and in particular art 6(3)(d), of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if a criminal conviction were based solely or to a decisive degree on the evidence of an identified but absent witness, provided the provisions of the Criminal Justice Act 2003 were observed.”

WLR Daily, 27th 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.

Napier and another v Pressdram Ltd – WLR Daily

Posted May 28th, 2009 in complaints, confidentiality, injunctions, law reports, solicitors by sally

Napier and another v Pressdram Ltd [2008] EWCA Civ 443; [2009] WLR (D) 172

“Where a complainant made a complaint against his solicitor to the Law Society the complainant owed no duty of confidentiality to the solicitor or his firm not to reveal to others the result of the adjudication where the subject matter underlying the adjudication contained no private information concerning the solicitor. The procedural nature of the investigation itself did not give rise to a duty of confidentiality.”

WLR Daily, 27th 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.

BAILII: Recent Decisions

Posted May 28th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Horncastle & Ors v R. [2009] EWCA Crim 964 (22 May 2009)

High Court (Chancery Division)

Enviroco Ltd v Farstad Supply A/S [2009] EWHC 906 (Ch) (22 May 2009)

High Court (Queen’s Bench)

Lloyds TSB Commercial Finance Ltd. v Melia & Ors [2009] EWHC 1114 (QB) (05 May 2009)

Joseph & Ors v Spiller & Anor [2009] EWHC 1152 (QB) (22 May 2009)

High Court (Administrative Court)

Defence Estates v JL & Anor [2009] EWHC 1049 (Admin) (05 May 2009)

Nicholas-Pillai v General Medical Council [2009] EWHC 1048 (Admin) (06 May 2009)

Mitchell v The Nursing and Midwifery Council [2009] EWHC 1045 (Admin) (06 May 2009)

Southall v The General Medical Council [2009] EWHC 1155 (Admin) (22 May 2009)

High Court (Commercial Court)

Vitol SA v Conoil Plc [2009] EWHC 1144 (Comm) (22 May 2009)

KG Bominflot Bunkergesellschaft Für Mineralöle mbh & Co Kg v Petroplus Marketing AG [2009] EWHC 1088 (Comm) (22 May 2009)

High Court (Patents Court)

TNS Group Holdings Ltd. v Nielsen Media Research Inc [2009] EWHC 1160 (Pat) (20 May 2009)

Source: www.bailii.org

Should Britain import the US method of dealing with fraud? – The Times

Posted May 28th, 2009 in fraud, news by sally

“The headlines in these pages this week that ‘City police warn of huge rise in fraud cases’ was accompanied by the astonishing report that the number of reported frauds has risen by 64 per cent in the past year ‘with people from all walks of life falling victim’.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Knife crime: only one person last year handed maximum sentence – Daily Telegraph

Posted May 28th, 2009 in news, offensive weapons, sentencing by sally

“The Government’s claim to a tougher stance on knife crime has been exposed as a sham after just one person caught carrying a blade last year was handed the new maximum four years behind bars.”

Full story

Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

£15,000 Times fine proves the need for reform of an indefensible law – The Times

Posted May 28th, 2009 in contempt of court, media, news by sally

“Judges’ decision in a contempt of court case against The Times strengthens the campaign for reform of an indefensible law, argues David Pannick, QC.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted May 28th, 2009 in legislation by sally

The Planning Act 2008 (Commencement No. 1) (England) Order 2009

The Immigration (Passenger Transit Visa) (Amendment) (No. 4) Order 2009

The Seeds (National Lists of Varieties) (Amendment) Regulations 2009

The Seed (Conservation Varieties Amendments) (England) Regulations 2009

The National Health Service Pension Scheme (Amendment) Regulations 2009

The Swine Vesicular Disease Regulations 2009

The Export Control (Amendment) Order 2009

The Town and Country Planning (General Development Procedure) (Amendment) (No. 2) (England) Order 2009

Source: www.opsi.gov.uk

Chief constable takes Government to court over ‘irrational’ budget row – Daily Telegraph

Posted May 28th, 2009 in budgets, news, police by sally

“Mark Rowley, the head of Surrey police, said he would fight local government ministers in the High Court over a decision which means he will have to slash £1.6 million from the force’s budget and will ‘erode’ his ability to protect the public.”

Full story

Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

Baby P sentences to be reviewed by attorney general – The Guardian

Posted May 28th, 2009 in causing death of children or vulnerable adults, child abuse, news, sentencing by sally

“The attorney general is to ask the court of appeal to increase the sentences handed down in the Baby Peter case after several complaints from child welfare organisations and the public that they were disappointingly short.”

Full story

The Guardian, 27th May 2009

Source: www.guardian.co.uk

Jack Straw defends virtual courts after trial at police station – The Times

Posted May 28th, 2009 in live link evidence, magistrates, news by sally

“Jack Straw, the Justice Secretary, was in court yesterday — to defend his plans for ‘virtual courts’, under which thousands of defendants will lose their right to have a courtroom hearing.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Amnesty criticises Britain over human rights – Daily Telegraph

Posted May 28th, 2009 in human rights, news, torture by sally

“Amnesty International has attacked Britain’s record on human rights and called for a public inquiry in to allegations of collusion over the torture of Binyam Mohamed.”

Full story

Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

Sikirat Agbaje appeals to Lords over £7,000 Nigerian divorce payout – The Times

Posted May 28th, 2009 in divorce, news by sally

“An elderly woman left almost penniless in a divorce dispute is to go to the highest court in a challenge that will test London’s reputation as ‘divorce capital of the world’.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Database blacklist saw thousands denied jobs – The Independent

Posted May 28th, 2009 in data protection, employment, news by sally

“Thousands of workers in the construction industry were denied employment because of a secret ‘blacklist’, a court heard today.”

Full story

The Independent, 27th May 2009

Source: www.independent.co.uk

Britain sending refused Congo asylum seekers back to threat of torture – The Guardian

Posted May 28th, 2009 in asylum, news, torture by sally

“The British government is sending refused asylum seekers back home, a Guardian investigation has revealed, despite the fears of human rights campaigners and lawyers that deportees could encounter persecution on their return.”

Full story

The Guardian, 27th May 2009

Source: www.guardian.co.uk