Network Rail fined for derailment – BBC News

Posted July 16th, 2009 in fines, health & safety, news, railways by sally

“Network Rail has been fined £70,000 after a train travelling at 90mph derailed in Norfolk because of a poorly maintained level crossing.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Comments Off

Met ‘missed opportunities’ over Baby P – BBC News

Posted July 16th, 2009 in child abuse, evidence, news, police by sally

“Police missed opportunities to gather evidence about the ill-treatment of Baby Peter in the months before his death, according to an unpublished report.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Comments Off

BBC pays damages to Muslim leader – BBC News

Posted July 16th, 2009 in damages, defamation, media, news by sally

“The BBC has agreed to pay £45,000 in damages to the head of the Muslim Council of Britain over a libellous claim in the Question Time programme.”

Full story

BBC News, 16th July 2009

Source: www.bbc.co.uk

Comments Off

Extradition without justice – The Guardian

Posted July 16th, 2009 in EC law, extradition, news by sally

Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ‘supermax’ prison – and this a man with Asperger’s syndrome who could hardly be less suited to such punishment.”

Full story

The Guardian, 16th July 2009

Source: www.guardian.co.uk

Comments Off

BAILII: Recent Decisions

Posted July 16th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AP v Secretary of State for the Home Department [2009] EWCA Civ 731 (15 July 2009)

Patchett & Amor v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 (15 July 2009)

Coke-Wallis v Institute of Chartered Accountants In England and Wales [2009] EWCA Civ 730 (15 July 2009)

High Court (Administrative Court)

AR v Secretary of State for the Home Department [2009] EWHC 1736 (Admin) (15 July 2009)

High Court (Commercial Court)

Investec Bank (UK) Ltd v Zulman & Anor [2009] EWHC 1590 (Comm) (15 July 2009)

High Court (Family Division)

Child X (Residence & Contact- Rights of Media Attendance) [2009] EWHC 1728 (Fam) (14 July 2009)

High Court (Queen’s Bench Division)

Ajinomoto Sweeteners Europe SAS v ASDA Stores Ltd [2009] EWHC 1717 (QB) (15 July 2009)

Source: www.bailii.org

Comments Off

Recent Statutory Instruments

Posted July 16th, 2009 in legislation by sally

The Air Navigation (Single European Sky) (Penalties) Order 2009

The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009

The International Criminal Court Act (Overseas Territories) Order 2009

The Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009

The Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2009

The Air Navigation (Amendment) Order 2009

The Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009

The Public Records (Designation of Bodies) Order 2009

The Consular Fees (Amendment) Order 2009

The Terrorism (United Nations Measures) Order 2009

The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2009

The St Helena, Ascension and Tristan da Cunha Constitution Order 2009

The Parliamentary Commissioner Order 2009

The European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009

The European Communities (Definition of Treaties) (Cariforum Economic Partnership Agreement) Order 2009

The Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009

The General and Specialist Medical Practice (Education, Training and Qualifications) Amendment Order 2009

The Housing Benefit and Council Tax Benefit (Child Benefit Disregard and Child Care Charges) Regulations 2009

The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009

The Export Control (Amendment) (No. 2) Order 2009

The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2009

The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2009

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2009

The Swine Vesicular Disease (Wales) (Amendment) Regulations 2009

The Transfer of Functions of the Charity Tribunal Order 2009

The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009

The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009

Source: www.opsi.gov.uk

Comments Off

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others – WLR Daily

Posted July 16th, 2009 in civil procedure rules, costs, law reports by sally

Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others [2009] EWHC 1696 (Ch); [2009] WLR (D) 242

“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”

WLR Daily, 15th July 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.

Comments Off

R v Erskine; R v Williams – WLR Daily

Posted July 16th, 2009 in appeals, diminished responsibility, evidence, law reports, murder by sally

R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241

“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”

WLR Daily, 15th July 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.

Comments Off

R v Gore; R v Maher – WLR daily

Posted July 16th, 2009 in abuse of process, grievous bodily harm, law reports, penalties by sally

R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240

“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

WLR Daily, 15th July 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.

Comments Off

Regina v T (Absent witness: Evidence) – Times Law Reports

Posted July 16th, 2009 in law reports by sally

Regina v T (Absent witness: Evidence)

Court of Appeal

“On an application for the admission of the statement of an absent witness, meeting the condition in section 116(2)(d) Criminal Justice Act 2003 that the relevant person could not be found although such steps as it was reasonably practicable to take to find him had been taken, required the calling of formal evidence, unless the relevant facts were set out in an agreed statement of facts.”

The Times, 16th July 2009

Source: www.timesonline.co.uk

Comments Off

Regina v Seager; Regina v Blatch – Times Law Reports

Posted July 16th, 2009 in law reports by sally

Regina v Seager; Regina v Blatch

Court of Appeal

“Where a confiscation order was made against a defendant in respect of his benefit from an offence of acting in contravention of an order or undertaking disqualifying him from acting as a company director, that benefit was not to be assessed as the turnover of the company, but as the value of the property obtained by the defendant himself.”

The Times, 16th July 2009

Source: www.timesonline.co.uk

Comments Off

Food warning follows prosecution – BBC News

Posted July 16th, 2009 in care homes, fines, food, health & safety, news by sally

“Trading standards officers are warning of the effects of out-of-date food on vulnerable people. Torfaen council’s comments follow its prosecution of the owners of the Regency House private nursing home at Parkes Lane, Pontypool.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

Comments Off

Loan shark convicted of blackmail – BBC News

Posted July 16th, 2009 in blackmail, news by sally

“A loan shark who left customers fearing for their lives has been found guilty of blackmail.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

Comments Off

Action to prevent further deaths: details of Coroners’ reports and responses published for the first time – Ministry of Justice

Posted July 16th, 2009 in coroners, health & safety, news by sally

“Details of coroners’ reports asking for organisations involved in deaths to take action to prevent further deaths are published by the Ministry of Justice today for the first time.”

Full press release

Ministry of Justice, 15th July 2009

Source: www.justice.gov.uk

Comments Off

A simpler way to protect your future: redesigned ‘Lasting Power of Attorney’ forms – Ministry of Justice

Posted July 16th, 2009 in powers of attorney, press releases by sally

“Simpler forms allowing you to choose someone now that you trust to make decisions on your behalf in the future if you lose your mental capacity have been presented to Parliament.”

Full press release

Ministry of Justice, 15th July 2009

Source: www.justice.gov.uk

Comments Off

Family Legal Aid Plans Torn Apart in Damning Justice Select Committee Report – The Bar Council

Posted July 16th, 2009 in family courts, legal aid, press releases by sally

“Legal Services Commission proposals to cut legal support for vulnerable children and families have been savaged in a damning report from the all-party Justice Select Committee.”

Full press release

The Bar Council, 15th July 2009

source: www.barcouncil.org.uk

Comments Off

Statement: Kinsella killers’ sentences not to be referred as unduly lenient – Attorney General’s Office

Posted July 16th, 2009 in murder, press releases, sentencing by sally

 Statement: Kinsella killers’ sentences not to be referred as unduly lenient.”

Full press release

Attorney General’s Office, 15th July 2009

Source: www.attorneygeneral.gov.uk

Comments Off

Hospitals criticised over losses of sensitive patient information – OUT-LAW.com

Posted July 16th, 2009 in data protection, hospitals, news by sally

“The Information Commissioner’s Office (ICO) has reprimanded five English NHS trusts over lax data protection regimes that resulted in the loss of 20,000 people’s personal data and the leaving of patients’ notes on a bus.”

Full story

OUT-LAW.com, 15th July 2009

Source: www.out-law.com

Comments Off

Woman jailed for Muslim blackmail – BBC News

Posted July 16th, 2009 in blackmail, news, sentencing by sally

“A blackmailer who threatened to expose her Muslim friend as a terrorist sympathiser has been jailed.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

Comments Off

Ex-Met boss cleared over conduct – BBC News

Posted July 16th, 2009 in news, police, professional conduct by sally

“Former Commissioner of the Metropolitan Police Sir Ian Blair has been cleared of misconduct over the award of police contracts valued at £3m to a friend.”

Full story

BBC News, 15th July 2009

Source: www.bbc.co.uk

Comments Off