Anti-terror laws used to spy on family – The Independent

Posted April 11th, 2008 in education, investigatory powers, news, privacy by sally

“A family who were wrongly suspected of lying on a school application form have discovered that their local council used anti-terrorism surveillance powers to spy on them.”

Full story

The Independent, 11th April 2008

Source: www.independent.co.uk

Regulator backs use of DNA technique in court cases – The Guardian

Posted April 11th, 2008 in DNA, news by sally

“Tiny samples of DNA evidence are safe to use in criminal prosecutions, in spite of recent concern from the police and the judiciary that the technique is flawed, the forensic science regulator has ruled.”

Full story

The Guardian, 11th April 2008

Source: www.guardian.co.uk

Blow for MoD as judge rules soldiers have battlefield rights – Daily Telegraph

Posted April 11th, 2008 in armed forces, human rights, news by sally

“The Ministry of Defence has been dealt a groundbreaking legal defeat by a High Court judge who ruled soldiers’ human rights must be protected on the battlefield.”

Full story

The Daily Telegraph, 11 April 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted April 11th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Odelola v Secretary of State for the Home Department [2008] EWCA Civ 308 (10 April 2008)

H Lundbeck A/S v Generics (UK) Ltd & Ors [2008] EWCA Civ 311 (10 April 2008)

High Court (Administrative Court)

Office of Government Commerce v Information Commissioner & Anor [2008] EWHC 737 (Admin) (11 April 2008)

High Court (Chancery Division)

Dadourian Group International Inc & Ors v Simms & Ors [2008] EWHC 723 (Ch) (10 April 2008)

High Court (Commercial Court)

Reilly v National Insurance & Guarantee Corporation Ltd [2008] EWHC 722 (Comm) (11 April 2008)

High Court (Queen’s Bench Division)

Hinds v Liverpool County Court & Ors [2008] EWHC 665 (QB) (11 April 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 11th, 2008 in legislation by sally

The Education (QCA Levy) (Revocation) Regulations 2008

The Childcare (Early Years Register) Regulations 2008

The Childcare (General Childcare Register) Regulations 2008

The Childcare (Early Years and General Childcare Registers) (Common Provisions) Regulations 2008

The Childcare (Exemptions from Registration) Order 2008

The Social Security (Miscellaneous Amendments) (No.2) Regulations 2008

The Occupational Pension Schemes (Transfer Values) (Amendment) Regulations 2008

The Magistrates’ Courts Fees Order 2008

The Civil Proceedings Fees Order 2008

Source: www.opsi.gov.uk 

High Court rejects MoD attempt to ‘gag’ outspoken coroners over defence failures – The Times

Posted April 11th, 2008 in armed forces, coroners, news by sally

“The Government suffered its second important legal defeat in 24 hours today when a High Court judge rejected an attempt by Des Browne, the Defence Secretary, to ban coroners using phrases such as “serious failure” in their verdicts on dead soldiers.”

Full story

The Times, 11th April 2008

Source: www.timesonline.co.uk

Non-partner solicitors could face insurance bill – Law Society’s Gazette

Posted April 11th, 2008 in insurance, law firms, news, solicitors by sally

“A group of solicitors who were employed by a firm which has since gone into liquidation could find themselves being pursued for a contribution towards an unpaid insurance premium of £834,000 – despite the fact that they were not partners in the firm.”

Full story

Law Society’s Gazette, 10th April 2008

Source: www.lawgazette.co.uk

Society hails £55m legal aid watershed – Law Society’s Gazette

Posted April 11th, 2008 in legal aid, solicitors by sally

“The Law Society scored a coup for civil legal aid practitioners last week by securing a package worth £55 million from the government in return for dropping its legal action against the Legal Services Commission (LSC).”

Full story

Law Society’s Gazette, 10th April 2008

Source: www.lawgazette.co.uk

‘No one is entitled to interfere with the course of our justice’ – The Guardian

Posted April 11th, 2008 in bribery, corruption, criminal justice, law reports, news, Saudi Arabia by sally

“Eighteen months after the Serious Fraud Office abandoned the BAE inquiry, two high court judges yesterday ruled the decision unlawful in a judgment that was stinging in its criticism of both the SFO and the British government for caving in to pressure from Saudi Arabia. The legal action was brought by the anti-bribery pressure group Corner House Research and the Campaign Against Arms Trade. Here are edited extracts from the summary judgment published yesterday.”

Full story

The Guardian, 11th April 2008

Source: www.guardian.co.uk

Refugee in High Court fight for NHS care – Daily Telegraph

Posted April 11th, 2008 in asylum, medical treatment, news by sally

“A failed asylum seeker is challenging regulations that prevent him receiving free treatment from the NHS.”

Full story

The Daily Telegraph, 11th April 2008

Source: www.telegraph.co.uk

University offers combined ‘British law’ degree – The Lawyer

Posted April 11th, 2008 in legal education, news, universities by sally

“The University of Dundee is introducing a bachelors law degree enabling dual-qualification in Scots and English & Welsh law. From September 2008 students will be able to study all of the subjects required by each of the respective local Law Societies.”

Full story

The Lawyer, 10th April 2008

Source: www.thelawyer.com

Carolyn McCall quits Tesco over Guardian libel action – The Times

Posted April 11th, 2008 in defamation, news by sally

“Carolyn McCall, the chief executive of Guardian Media Group, has resigned from the board of Tesco because of the supermarket’s pending libel suit against the company’s flagship newspaper.”

Full story

The Times, 11th April 2008

Source: www.timesonline.co.uk

M&S takes biscuit: teacakes cost Treasury £3.5m – The Independent

Posted April 11th, 2008 in news, VAT by sally

“The humble chocolate teacake cost the Treasury £3.5 million today. That’s the price of a VAT mistake which classified Marks & Spencer teacakes as chocolate biscuits.”

Full story

The Independent, 10th April 2008

Source: www.independent.co.uk

Fraudster jailed after claiming £85,000 for non-existent children – The Guardian

Posted April 11th, 2008 in benefits, fraud, news by sally

“A fraudster was jailed today for claiming more than £85,000 in tax credits for 16 non-existent children.

David Wilshaw, 58, was jailed for 20 months at Bristol crown court for masterminding the scam to claim child tax benefits over four years.”

Full story

The Guardian, 10th April 2008

Source: www.guardian.co.uk

‘Spitting vicar’ ordered to leave parish – The Independent

Posted April 11th, 2008 in Church of England, clergy, news by sally

“A Church of England vicar accused of intimidating and spitting at parishioners was ordered to vacate his post by his bishop today.”

Full story

The Independent, 10th April 2008

Source: www.independent.co.uk

Panday v Virgil (Senior Superintendent of Police) – Times Law Reports

Posted April 11th, 2008 in abuse of process, law reports, retrials, Trinidad & Tobago by sally

Panday v Virgil (Senior Superintendent of Police)

Privy Council

“When allowing an appeal against conviction on the ground of apparent bias in the conduct of the trial, the Court of Appeal could order a retrial if the defendant had been properly charged and brought before the court without any violation of the rule of law and it was possible to have a fair retrial before a different tribunal.”

The Times, 11th April 2008

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.

McGrath and Others v Riddell and Another – Times Law Reports

Posted April 11th, 2008 in conflict of laws, insolvency, law reports, winding up by sally

McGrath and Others v Riddell and Another

House of Lords

“The fact that in a country of principal winding-up of a company in liquidation there would be a class of preferential creditors who would not have priority under English insolvency law was insufficient reason for an English court to refuse to exercise its discretion, under section 426 of the Insolvency Act 1986, to order remission of assets located in England to the country of principal winding-up.”

The Times, 11th April 2008

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.

Analysis: what next after High Court ruling on BAE? – The Times

Posted April 11th, 2008 in attorney general, corruption, Saudi Arabia, special report by sally

“When Tony Blair, as Prime Minister, approached the Attorney-General, Lord Goldsmith, QC, to argue the case for the dropping of the corruption investigation into the BAE arms deal, he insisted that it was a matter ultimately for the Government’s chief law officer. But — justifying his approach — Mr Blair said that this was the ‘clearest case for intervention in the public interest he had seen’.”

Full story

The Times, 10th April 2008

Source: www.timesonline.co.uk

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

AS and DD (Libya) v Secretary of State for the Home Department [2008] EWCA Civ 289; [2008] WLR (D) 104

In order to show strong grounds for believing that a foreign national if deported would face a real risk of being subjected to torture or inhuman or degrading treatment in breach of art 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms it was necessary to produce evidence, not mere speculation, to establish that risk. That was a stringent test, requiring rigorous examination of the evidence.”

WLR Daily, 10th April 2008

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.

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290 – WLR Daily

Posted April 11th, 2008 in deportation, human rights, law reports by sally

Othman (Jordan) v Secretary of State for the Home Department [2008] EWCA Civ 290; [2008] WLR (D) 103

The deportation of a foreign national on the ground that his presence was not conducive to the public good because he was a danger to the national security of the United Kingdom would breach that person’s right to a fair trial under art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms if in the receiving state he was at real risk of being tried on evidence obtained by torture.”

WLR Daily, 10th April 2008

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.