Change in double jeopardy law led to Gary Dobson’s retrial – The Guardian

Posted January 3rd, 2012 in double jeopardy, murder, news by tracey

“Gary Dobson could never have been convicted of murdering Stephen Lawrence nearly 19 years ago if the law had not been changed in 2003.”

Full story

The Guardian, 3rd January 2012

Source: www.guardian.co.uk

Death fire fiance jailed for life – The Independent

Posted January 3rd, 2012 in arson, murder, news, sentencing by tracey

” A woman has been jailed for a minimum of 23 years after she murdered her fiance by locking him in a storeroom at his workplace and setting fire to the building.”

Full story

The Independent, 3rd January 2012

Source: www.independent.co.uk

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Stephen Lawrence murder: Dobson and Norris found guilty – BBC News

Posted January 3rd, 2012 in double jeopardy, evidence, forensic science, murder, news, racism by tracey

“Two men have been convicted of the racist murder of black teenager Stephen Lawrence, 18 years after he was stabbed to death at a south London bus stop. Gary Dobson and David Norris were found guilty by an Old Bailey jury after a trial based on forensic evidence.”

Full story

BBC News, 3rd January 2012

Source: www.bbc.co.uk

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BAILII: Recent Decisions

Posted January 3rd, 2012 in law reports by tracey

Court of Appeal (Civil Division)

Tim Martin Interiors Ltd v Akin Gump LLP [2011] EWCA Civ 1574 (21 December 2011)

Padden v Bevan Ashford Solicitors [2011] EWCA Civ 1616 (21 December 2011)

Kinnear v Whittaker [2011] EWCA Civ 1609 (21 December 2011)

Q (A Child) [2011] EWCA Civ 1610 (21 December 2011)

Delaney v Pickett & Anor [2011] EWCA Civ 1532 (21 December 2011)

Lanes Group Plc v Galliford Try Infrastructure Ltd (t/a Galliford Try Rail) [2011] EWCA Civ 1617 (21 December 2011)

Maioriello & Ors v Ashdale Land and Property Company Ltd [2011] EWCA Civ 1618 (21 December 2011)

Brumwell v Powys County Council [2011] EWCA Civ 1613 (21 December 2011)

Ryanair Holdings Plc v Office of Fair Trading & Anor [2011] EWCA Civ 1579 (21 December 2011)

Liberty Insurance PTE Ltd & Anor v Argo Systems FZE [2011] EWCA Civ 1615 (21 December 2011)

Sandhar, R (on the application of) v Office of the Independent Adjudicator for Higher Education & Anor [2011] EWCA Civ 1614 (21 December 2011)

Crossco No.4 UnLtd & Ors v Jolan Ltd & Ors [2011] EWCA Civ 1619 (21 December 2011)

Birkett v The Department for the Environment, Food and Rural Affairs [2011] EWCA Civ 1606 (21 December 2011)

Petrodel Resources Ltd v Le Breton [2011] EWCA Civ 1605 (21st December 2011)

Pearson & Ors v Lehman Brothers Finance S.A. [2011] EWCA Civ 1544 (21 December 2011)

A and L (Children) [2011] EWCA Civ 1611 (21 December 2011)

Omar, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2011] EWCA Civ 1587 (21 December 2011)

Court of Appeal (Criminal Division)

Singh v R [2011] EWCA Crim 2992 (21 December 2011)

James & Anor v R [2011] EWCA Crim 2991 (21 December 2011)

Barnett, R v [2011] EWCA Crim 2936 (21 December 2011)

Phillips v R. [2011] EWCA Crim 2935 (21 December 2011)

High Court (Administrative Court)

Roberts, R (on the application of) v The Welsh Ministers & Anor [2011] EWHC 3416 (Admin) (22 December 2011)

Willoughby, R (on the application of) v Category A Review Team [2011] EWHC 3483 (Admin) (21 December 2011)

British Sky Broadcasting Ltd, R (on the application of) v The Central Criminal Court & Anor [2011] EWHC 3451 (Admin) (21 December 2011)

Greenwich Community Law Centre, R (On the Application Of) v Greenwich London Borough Council [2011] EWHC 3463 (Admin) (21 December 2011)

Whiteside v The Director of Public Prosecutions [2011] EWHC 3471 (Admin) (21 December 2011)

MWA, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWHC 3488 (Admin) (21 December 2011)

High Court (Chancery Division)

McKillen v Misland (Cyprus) Investments Ltd & Ors [2011] EWHC 3466 (Ch) (21 December 2011)

Atkinson v Corcoran & Ors [2011] EWHC 3484 (Ch) (21 December 2011)

Virtualpurple Professional Services Ltd, Re [2011] EWHC 3487 (Ch) (21 December 2011)

Ackerman v Ackerman & Ors [2011] EWHC 3428 (Ch) (21 December 2011)

Mulcaire v News Group Newspapers Ltd [2011] EWHC 3469 (Ch) (21 December 2011)

National Westminster Bank Plc v Msaada Group (a firm) & Ors [2011] EWHC 3423 (Ch) (21 December 2011)

High Court (Commercial Court)

Glen Dimplex Home Applicances Ltd v Smith & Ors [2011] EWHC 3392 (Comm) (20 December 2011)

High Court (Family Division)

V v V [2011] EWHC 3230 (Fam) (21 December 2011)

High Court (Patents Court

Convatec Ltd & Ors v Smith & Nephew Healthcare Ltd & Ors [2011] EWHC 3461 (Pat) (21 December 2011)

High Court (Queen’s Bench Division)

London Underground Ltd v The Associated Society of Locomotive Engineers and Firemen (Rev 1) [2011] EWHC 3506 (QB) (22 December 2011)

Rothschild v Associated Newspapers Ltd [2011] EWHC 3462 (QB) (21 December 2011)

Coulson v Newsgroup Newspapers Ltd [2011] EWHC 3482 (QB) (21 December 2011)

Neocleous v Jones [2011] EWHC 3459 (QB) (21 December 2011)

High Court (Technology and Construction Court)

Natas Group Ltd. (In Administration) v Styles & Wood Ltd. [2011] EWHC 3464 (TCC) (22 December 2011)

Alstom Power Ltd v Somi Impianti SRL [2011] EWHC 3941 (TCC) (21 December 2011)

Leander Construction Ltd v Mulalley & Company Ltd [2011] EWHC 3449 (TCC) (21 December 2011)

Source: www.bailii.org

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Regina v Barnett – WLR Daily

Posted January 3rd, 2012 in appeals, confiscation, law reports, prostitution, sentencing by tracey

Regina v Barnett; [2011] EWCA Crim 2936;  [2011] WLR (D)  385

“In relation to proceedings in which a defendant’s benefit from general criminal conduct was assessed the court was ‘entitled’ to make the assumptions provided for in section 10 of the Proceeds of Crime Act 2002 even if the prosecution had not given the written preliminary notice provided for in section 71(2) of the Criminal Justice Act 1988. The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Ian Stanley Barnett, against a confiscation order made by Judge Hernandez in the Crown Court at Manchester on 2 February 2011 on the basis of an assessment that the defendant’s financial benefit from his general criminal conduct was £5,085,22·70 and substituting the figure of £873,010.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

 

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Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening – WLR Daily

Posted January 3rd, 2012 in aircraft, carbon dioxide emissions, EC law, news by tracey

Air Transport Association of America v Secretary of State for Energy and Climate Change (International Air Transport Association and others, intervening); (Case C-366/10);  [2011] WLR (D)  386

“Certain principles and provisions of international law could be relied upon to assess the validity of Parliament and Council Directive 2008/101/EC amending Directive 2003/87/EC so as to include aviation activities in the scheme for greenhouse gas emission allowance trading within the Community. Examination of Directive 2008/101 in the light of those principles and provisions disclosed no factor affecting the Directive’s validity.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

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Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening) – WLR Daily

Posted January 3rd, 2012 in EC law, freedom of movement, immigration, law reports by tracey

Ziolkowski and others v Land Berlin (Vertreter des Bundesinteresses beim Bundesverwaltungsgericht intervening); (Joined Cases C-424/10 and C-425/10);  [2011] WLR (D)  387

“A Union citizen who had been resident for more than five years in the territory of the host member state on the sole basis of the national law of that member state could not be regarded as having acquired the right of permanent residence pursuant to article 16(1) of Directive 2004/38 if, during that period of residence, he did not satisfy the conditions laid down in article 7(1) of the Directive concerning the need to be a worker or to be self-supporting. Periods of residence completed by a national of a non‑member state in the territory of a member state before the accession of the non‑member state to the European Union, in the absence of specific provisions in the Act of Accession, had to be taken into account for the purpose of the acquisition of the right of permanent residence pursuant to article 16(1) of the Directive, provided those periods were completed in compliance with the conditions laid down in article 7(1).”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

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NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening – WLR Daily

Posted January 3rd, 2012 in asylum, EC law, immigration, law reports by tracey

NS v Secretary of State for the Home Department (Amnesty International Ltd and others intervening); ME and others v Refugee Applications Comr and another (Amnesty International Ltd and others intervening); (Joined Cases C-411/10 and C-493/10);  [2011] WLR (D)  388

“European Union law precluded the application of a conclusive presumption that the member state responsible for examining an asylum claim pursuant to Council Regulation (EC) No 343/2003 observed the fundamental rights of the European Union. Article 4 of the Charter of Fundamental Rights of the European Union meant that the member states, including the national courts, could not transfer an asylum seeker to the ‘member state responsible’ within the meaning of the Regulation where they could not be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that member state amounted to substantial grounds for believing that the asylum seeker would face a real risk of being subjected to inhuman or degrading treatment within the meaning of that provision.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

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Recent Statutory Instruments – legislation.gov.uk

Posted January 3rd, 2012 in legislation by tracey

The Open-Ended Investment Companies (Amendment) Regulations 2011

The Public Bodies Act 2011 (Commencement No. 1) Order 2011

The Postal Packets (Revenue and Customs) Regulations 2011

The Pensions Act 2011 (Commencement No. 1) Order 2011

The Pensions Act 2008 (Commencement No.11) Order 2011

The Police Appeals Tribunals (Amendment: Metropolitan Police) Rules 2011

The Police (Complaints and Misconduct) (Amendment: Metropolitan Police) Regulations 2011

The Police (Performance and Conduct) (Amendment: Metropolitan Police) Regulations 2011

The Police (Amendment) Regulations 2011

The International Criminal Tribunal for the former Yugoslavia (Restrictive Measures) (Overseas Territories) (Revocation) Order 2011

The Parliamentary Commissioner (No. 2) Order 2011

The Iran (United Nations Sanctions) (Amendment) Order 2011

The Overseas Territories (Change of Name) (No. 10) Order 2011

The Overseas Territories (Change of Name) (No. 9) Order 2011

The Overseas Territories (Change of Name) (No. 8) Order 2011

The Overseas Territories (Change of Name) (No. 7) Order 2011

The Overseas Territories (Change of Name) (No. 6) Order 2011

The Members of the European Parliament (Salaries of Members of the Greater London Authority) Order 2011

The Council Tax (Demand Notices) (England) Regulations 2011

The Cosmetic Products (Safety) (Amendment) Regulations 2011

The Overseas Territories (Change of Name) (No. 11) Order 2011

The Excise Duties (Road Fuel Gas) (Reliefs) (No. 2) Regulations 2011

The Revenue and Customs (Complaints and Misconduct) (Amendment) Regulations 2011

The South East Water Ltd (River Ouse, Barcombe) Drought Order 2011

The Elected Local Policing Bodies (Specified Information) Order 2011

Source: www.legislation.gov.uk

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Barristers’ regulator seeks to add an aptitude test to entry requirement for bar training course – Bar Standards Board

Posted January 3rd, 2012 in barristers, legal education, press releases by tracey

“The Bar Standards Board (BSB), the regulator of barristers in England and Wales, is consulting on the introduction of an Aptitude Test for all prospective students wishing to enter the Bar Professional Training Course (BPTC).”

Full press release

Bar Standards Board, 21st December 2011

Source: www.barstandardsboard.org.uk

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Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by tracey

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

Full story

UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com

 

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Smells and mosquitoes but no extra damages under the Human Rights Act – UK Human Rights Blog

Posted January 3rd, 2012 in damages, human rights, negligence, news, nuisance, water companies by tracey

“An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove negligence. Any damages for such a nuisance will constitute ‘sufficient just satisfaction’ for the purpose of the Human Rights Act; even if breach of a Convention right is proved, no further remedy will be available.”

Full story

UK Human Rights Blog, 2nd January 2012

Source: www.ukhumanrightsblog.com

 

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TUPE service provision protections cannot apply where client also changes, tribunal says – OUT-LAW.com

Posted January 3rd, 2012 in news, transfer of undertakings, tribunals by tracey

“Employees of a service provider cannot take advantage of legal protections designed to ensure their rights are not affected when the company they work for is taken over by a new owner when the client that services are being provided to changes at the same time, a tribunal has ruled.”

Full story

OUT-LAW.com, 23rd December 2011

Source: www.out-law.com

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Government to ban payment surcharges before end of 2012 – OUT-LAW.com

Posted January 3rd, 2012 in consumer protection, EC law, news by tracey

“Companies will be prohibited from charging consumers “excessive” payment surcharges before the end of next year, the Government has said.”

Full story

OUT-LAW.com, 23rd December 2011

Source: www.out-law.com

 

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Parliament’s moral duty on assisted dying – The Guardian

Posted January 3rd, 2012 in assisted suicide, euthanasia, news, parliament, reports by tracey

“There has been a lull in the media recently about the rights and wrongs of assisted dying, but the conflict is sure to break out again with the imminent publication of the report from Lord Falconer’s commission, established to consider changes to the law.”

Full story

The Guardian, 1st January 2012

Source: www.guardian.co.uk

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Tax office ‘investigating Premier League footballers’ perks’ – The Guardian

Posted January 3rd, 2012 in HM Revenue & Customs, news, sport, tax evasion by tracey

“Her Majesty’s Revenue and Customs is investigating Premier League footballers and their clubs over alleged ‘secret perks’ enjoyed by players and their families, according to reports.”

Full story

The Guardian, 1st January 2012

Source: www.guardian.co.uk

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Met Police corruption: Officers allowed to resign – BBC News

Posted January 3rd, 2012 in complaints, corruption, disciplinary procedures, news, police by tracey

“More than 130 Metropolitan Police (Met) officers were allowed to resign rather than facing misconducts panels over the last year, figures have shown.”

Full story

BBC News, 2nd January 2012

Source: www.bbc.co.uk

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London Low Emission Zone for large vans and minibuses – BBC News

Posted January 3rd, 2012 in carbon dioxide emissions, London, news, road traffic by tracey

“Large vans and minibuses which are more than 10 years old are facing a new charge of £100 a day in Greater London, if they fail to meet pollution limits.”

Full story

BBC News, 3rd January 2012

Source: www.bbc.co.uk

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Nearly 1,000 serving police officers and PCSOs have a criminal record – Daily Telegraph

Posted January 3rd, 2012 in criminal records, news, police by tracey

“Forces across England and Wales employ policemen and women with convictions including burglary, causing death by careless driving, robbery, supplying drugs, domestic violence, forgery and perverting the course of justice.”

Full story

Daily Telegraph, 2nd January 2012

Source: www.telegraph.co.uk

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Subletting council houses could become criminal offence – The Guardian

Posted January 3rd, 2012 in crime, housing, landlord & tenant, news, rent by tracey

“Council tenants are to be banned from subletting their properties as the government prepares to introduce criminal offences to crack down on the ‘scandal’ of housing tenancy fraud and abuse.”

Full story

The Guardian, 1st January 2012

Source: www.guardian.co.uk

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