Government wins terror control case – The Independent

Posted October 31st, 2007 in control orders, human rights, news, terrorism by sally

“The Government’s controversial control order regime restricting the day-to-day activities of terror suspects was given legal clearance by the Law Lords today – but was watered down.”

Full story

The Independent, 31st October 2007

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted October 31st, 2007 in legislation by sally

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.5) (Wales) Regulations 2007

The Import and Export Restrictions (Foot-and-Mouth Disease) (No.4) (Wales) Regulations 2007

The Income Tax (Car Benefits) (Reduction of Value of Appropriate Percentage) (Amendment) Regulations 2007

The Education (Determination of Admission Arrangements) (Amendment No. 2) (England) Regulations 2007

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted October 31st, 2007 in law reports by sally

Court of Appeal (Civil Division) 

MN (Rwanda) v Secretary of State for the Home Department [2007] EWCA Civ 1064 (30 October 2007)

Jackson v Computershare Investor Services Plc [2007] EWCA Civ 1065 (30 October 2007)

Korea National Insurance Corporation v Allianz Global Corporate & Speciality AG [2007] EWCA Civ 1066 (30 October 2007)

High Court (Chancery Division)

Thorner v Curtis & Ors [2007] EWHC 2422 (Ch) (26 October 2007)

Hardy & Ors v Fowle & Anor [2007] EWHC 2423 (Ch) (26 October 2007)

Franses v Al Assad & Ors [2007] EWHC 2442 (Ch) (26 October 2007)

Source: www.bailii.org

Bandwidth Shipping Corporation v Intaari – Times Law Reports

Posted October 31st, 2007 in arbitration, law reports by sally

Whether arbitrator realised counsel had missed a point

Bandwidth Shipping Corporation v Intaari

Court of Appeal

“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”

The Times, 31st October 2007

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.

Aspinall’s Club Ltd v Al-Zayat – Times Law Reports

Posted October 31st, 2007 in cheques, gambling, law reports by sally

Gambling cheque defence might be valid

Aspinall’s Club Ltd v Al-Zayat

Court of Appeal

“A gambling debt which was recoverable when it was incurred, could later become irrecoverable if the gaming club had extended credit to a member contrary to law; that unlawful provision of credit rendered the member’s liabilities on both a dishonoured cheque and the underlying loan illegal and unenforceable.”

The Times, 31st October 2007

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.

R (Faithfull) v Crown Court at Ipswich – WLR Daily

Posted October 31st, 2007 in compensation, confiscation, judicial review, law reports by sally

R (Faithfull) v Crown Court at Ipswich [2007] EWHC 2229 (Admin)

“Confiscation and compensation orders made in criminal proceedings in the Crown Court were not amenable to judicial review and nothing in the Human Rights Act 1998 required that they should be.”

WLR Daily, 26th October 2007

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.

Judicial Review Decisions in the Crown Court – Law Commission

Posted October 31st, 2007 in consultations, criminal procedure, judicial review by sally

“The High Court has the power to judicially review decisions in the Crown Court, except in ‘matters relating to trial on indictment’ (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.”

Full story

Law Commission, 30th October 2007

Source: www.lawcom.gov.uk

Current Sentencing Issues – Speech by Sir Igor Judge

Posted October 31st, 2007 in sentencing, speeches by sally

Current Sentencing Issues (pdf)

Speech by Sir Igor Judge, President of the Queen’s Bench Division.

Lincoln’s Inn, 29th October 2007

Source: www.judiciary.gov.uk

Ruling expected on control orders – BBC News

Posted October 31st, 2007 in control orders, human rights, news, terrorism by sally

“The Law Lords are set to rule on whether controversial counter-terrorism control orders breach human rights.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

MPs call for abortion law reforms – BBC News

Posted October 31st, 2007 in abortion, doctors, news by sally

“There is no reason why women seeking an abortion should need the approval of two doctors, a group of MPs has said.”

Full story

BBC News, 31st October 2007

Source: www.bbc.co.uk

JP fears assault claim hit reputation – Daily Telegraph

Posted October 31st, 2007 in defamation, magistrates, news by sally

“A leading magistrate has said he feared his reputation was in tatters after losing a legal bid to sue his daughter-in-law over allegations he assaulted her.”

Full story

Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk

Race and the criminal justice system – Ministry of Justice

Posted October 31st, 2007 in criminal justice, race discrimination, reports by sally

“This publication fulfils a statutory obligation for the Secretary of State to publish, annually, information relating to the criminal justice system (CJS) with reference to avoiding discrimination on the ground of race. This publication reports statistical information on the representation of black and minority ethnic groups as suspects, offenders and victims with in the CJS and on employees within criminal justice agencies.”

Statistics on Race and the Criminal Justice System 2006 (PDF)

Ministry of Justice, 30th October 2007

Source: www.justice.gov.uk

Only 1 in 400 anti-terror stop and searches leads to arrest – The Guardian

Posted October 31st, 2007 in news, stop and search, terrorism by sally

“Only one in every 400 stop and searches carried out under sweeping anti-terrorism laws leads to an arrest, official figures released yesterday reveal, triggering fresh pressure on the government and police over the controversial tactic.”

Full story

The Guardian, 31st Octoner 2007

Source: www.guardian.co.uk

Cartoon protesters’ jail term cut – BBC News

Posted October 31st, 2007 in demonstrations, inciting racial hatred, news, sentencing by sally

“Three men jailed for their part in protests against cartoons depicting the Prophet Muhammad have won an appeal to reduce their sentences.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk

Serial sex offender can stay in UK, judge rules – Daily Telegraph

Posted October 31st, 2007 in deportation, human rights, news, sexual offences by sally

“A serial sex offender from Sierra Leone has been allowed to stay in the UK after a judge ruled deporting him would breach his human rights.”

Full story

Daily Telegraph, 31st October 2007

Source: www.telegraph.co.uk

Judge warns agencies after surrogate mother dupes couples to keep babies – The Guardian

Posted October 31st, 2007 in news, surrogacy by sally

“A high court judge has issued a stern warning to surrogacy agencies to carry out more stringent background checks after it emerged that a surrogate mother had deliberately duped two couples into believing she had miscarried their babies.”

Full story

The Guardian, 31st October 2007

Source: www.guardian.co.uk

Legal Services Act given royal assent – Ministry of Justice

Posted October 31st, 2007 in bills, consumer protection, legal services, news by sally

“An independent body which will handle consumer complaints about legal services in England and Wales is now a step closer under new legislation approved today.”

Full story

Ministry of Justice press release, 30th October 2007

Source: www.justice.gov.uk

£2.5m award over anorexia mistake – BBC News

Posted October 31st, 2007 in damages, doctors, negligence, news by sally

“A woman has been awarded £2.5m in damages after her brain tumour was misdiagnosed by doctors who thought she was anorexic.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk  

Stop and search ‘race gap’ grows – BBC News

Posted October 31st, 2007 in news, race discrimination, stop and search by sally

“Black people were almost seven times more likely than white people to be stopped and searched by police last year, according to official figures.”

Full story

BBC News, 30th October 2007

Source: www.bbc.co.uk

UK class actions are on the way, survey says – The Times

Posted October 31st, 2007 in class actions, news by sally

“The UK has ‘the most fertile ground in Europe’ for a growth in class action lawsuits according to a new survey from the Economist Intelligence Unit.”

Full story

The Times, 30th October 2007

Source: www.timesonline.co.uk