Month: July 2008

Regina (C) v Secretary of State for Justice – WLR Daily

Posted July 30th, 2008 in law reports, restraint, young offenders by sally

Regina( C) v Secretary of State for Justice; [2008] WLR (D) 262

“The introduction of an amendment to the Secure Training Centre Rules to permit physical restraint of young offenders in secure training centres to ensure good order and discipline without prior consultation with the Children’s Commissioner was unlawful and engaged art 3 of the European Convention on Human Rights and Fundamental Freedom.”

WLR Daily, 29th July 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.

Masri v Consolidated Contractors International Co SAL and others (No 4) – WLR Daily

Posted July 30th, 2008 in company directors, foreign companies, judgments, jurisdiction, law reports by sally

Masri v Consolidated Contractors International Co SAL and others (No 4) [2008] EWCA Civ 876; [2008] WLR (D) 261

“The court had jurisdiction under CPR r 71.2 to order the examination of a foreign director of a company which had submitted to the jurisdiction, defended a claim on the merits and failed to pay the judgment debt. A director of a corporate director of the judgment debtor was not ‘an officer of that body’ within the meaning of the rule.”

WLR Daily, 29th July 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.

JT (Cameroon) v Secretary of State for the Home Department – WLR Daily

Posted July 30th, 2008 in asylum, law reports, statutory interpretation by sally

JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878; [2008] WLR (D) 260

“When construing s 8(1) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, which provided various factors that the court should take account of in assessing the credibility of an asylum seeker, the qualifying word ‘potentially’ should be read into an explanatory clause which would then read: ‘as (potentially) damaging the claimant’s credibility’.”

WLR Daily, 29th July 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.

Mosley v News Group Newspapers Ltd – Times Law Reports

Posted July 30th, 2008 in law reports, media, privacy by sally

Mosley v News Group Newspapers Ltd

Queen’s Bench Division

“It was not for the media to expose sexual conduct between consenting adults which did not involve any significant breach of the criminal law except where there was a countervailing public interest because at least one of the established limiting principles, such as victimisation or corruption of the young, came into play.”

The Times, 30th July 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.

Crime: Map shows domestic violence is everywhere – The Guardian

Posted July 30th, 2008 in crime, domestic violence, news, statistics by sally

“Humberside police service recorded the highest number of women murdered by their partners, and the City of London police the lowest, in the past five years, according to a new map of murder rates across England and Wales published by the government’s Equalities Unit yesterday.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Ruling due in witness murder case – BBC News

Posted July 30th, 2008 in human rights, murder, news, police, witnesses by sally

“Law Lords are expected to rule later on whether a police force breached the human rights of a witness who was murdered before he could give evidence.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Legal Opinion: Privacy on parade in Fleet Street and the law courts – The Independent

Posted July 30th, 2008 in media, privacy, special report by sally

“Our shy and retiring privacy law is rarely out of the media spotlight. The media lawyer Amber Melville-Brown suggests why we should be grateful that it exists.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Single-minded pursuit – The Guardian

Posted July 30th, 2008 in charities, local government, minorities, special report by sally

“Government guidance on cohesion is thought to have spurred some councils to stop funding black and minority ethnic charities. But now a high court victory could force a serious rethink. Saba Salman reports.”

Full story

The Guardian, 30th July 2008

Source: www.guardian.co.uk

Sikh teenager Sarika Watkins-Singh wins right to wear bangle – The Times

Posted July 30th, 2008 in news, religious discrimination, school children, Sikhism by sally

“A Sikh teenager won a legal battle yesterday over her right to wear a bangle that she holds central to her faith.”

Full story

The Times, 30th July 2008

Source: www.timesonline.co.uk

Plans for computer games classifications Q&A – The Guardian

Posted July 30th, 2008 in children, special report, video games by sally

“Where do the plans for new rules come from? Earlier this year, Tanya Byron, a psychologist advising the Government, said that video game ratings should to be overhauled to make them easier for parents and children to understand.”

Full story

Daily Telegraph, 30th July 2008

Source: www.telegraph.co.uk

Ruling due on hacker extradition – BBC News

Posted July 30th, 2008 in computer crime, extradition, news by sally

“The Law Lords are due to decide whether a Briton accused of hacking into top secret military computers should be extradited to the US to stand trial.”

Full story

BBC News, 30th July 2008

Source: www.bbc.co.uk

Curse of the DNA register – The Independent

Posted July 30th, 2008 in criminal records, data protection, DNA, news by sally

“A generation of young Britons is being criminalised for life by the relentless expansion of the national DNA database, ministers are warned today.”

Full story

The Independent, 30th July 2008

Source: www.independent.co.uk

Max Mosley case: are judges strangling the freedom of the press by stealth? – The Times

Posted July 30th, 2008 in media, privacy, special report by sally

“A ‘dangerous’ precedent of which the victim is public morality; a ruling that trivialises ‘unspeakable and indecent behaviour’ that is ‘depraved, brutal and repugnant’, thundered Lord Carey, the former Archbishop of Canterbury, this week.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

A huge job for the boys – The Guardian

Posted July 30th, 2008 in domestic violence, sexual offences, special report by sally

“The minister for police, security and community safety tells Julie Bindel how he wants men to take a more responsible attitude towards domestic and sexual violence against women – and to spread the word to others.”

Full story

The Guardian, 29th July 2008

Source: www.guardian.co.uk

SAS troops may be named at inquests after new ruling – Daily Telegraph

Posted July 29th, 2008 in anonymity, armed forces, contempt of court, inquests, news by sally

“Special Forces soldiers who die in action could be named in inquests after a coroner overturned a ruling to allow the identification of two dead troops.”

Full story

Daily Telegraph, 29th July 2008

Source: www.telegraph.co.uk

Molseed killer is refused appeal – BBC News

Posted July 29th, 2008 in appeals, murder, news by sally

“A man who murdered a schoolgirl and dumped her body on the Yorkshire moors 30 years ago has been told he cannot appeal against his conviction.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 29th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Cantrell v Wycombe District Council [2008] EWCA Civ 866 (29 July 2008)

Bailey v The Ministry of Defence & Anor [2008] EWCA Civ 883 (29 July 2008)

Blyth Valley Borough Council v Persimmon Homes (North East) Ltd & Ors [2008] EWCA Civ 861 (29 July 2008)

Redcar & Cleveland Borough Council v Bainbridge & Ors (“Bainbridge 1”) [2008] EWCA Civ 885 (29 July 2008)

G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 (29 July 2008)

High Court (Administrative Division)

O, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1736 (Admin) (10 July 2008)

Taylor Wimpey UK, R (on the application of) v Secretary of State for Communities and Local Government [2008] EWHC 1738 (Admin) (09 July 2008)

Sedgefield Borough Council v Crowe [2008] EWHC 1814 (Admin) (08 July 2008)

YG, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 1735 (Admin) (08 July 2008)

Ashby, R (on the application of) v Royal Pharmaceutical Society of Great Britain [2008] EWHC 1739 (Admin) (07 July 2008)

Watkins-Singh, R (on the application of) v The Governing Body of Aberdare Girls’ High School & Anor [2008] EWHC 1865 (Admin) (29 July 2008)

High Court (Commercial Court)

Underwriting Members of Lloyd’s Syndicate 980 & Ors v Sinco SA [2008] EWHC 1842 (Comm) (29 July 2008)

High Court (Technology and Construction Court)

Makers UK Ltd v London Borough of Camden [2008] EWHC 1836 (TCC) (25 July 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 29th, 2008 in legislation by sally

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008

The Maternity and Parental Leave etc. and the Paternity and Adoption Leave (Amendment) Regulations 2008

The Education and Inspections Act 2006 (Commencement No.7 and Transitional Provisions) Order 2008

The Crown Office Fees Order 2008

The Child Maintenance and Other Payments Act 2008 (Commencement No.2) Order 2008

The Land Registration (Amendment) Rules 2008

The Trade Marks (Fees) Rules 2008

The Community Trade Mark (Amendment) Regulations 2008

The Personal and Occupational Pension Schemes (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Women win landmark equal pay battle – The Times

Posted July 29th, 2008 in equal pay, news, sex discrimination, women by sally

“Tens of thousands of women working for local councils and health authorities won the right to higher wages today following a landmark Court of Appeal ruling on equal pay laws.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

Patient’s sex attack carer jailed – BBC News

Posted July 29th, 2008 in care workers, elderly, news, sentencing, sexual offences by sally

“A care worker has been jailed for nine years for carrying out a ‘vicious’ sex attack on an elderly patient at a nursing home.”

Full story

BBC News, 29th July 2008

Source: www.bbc.co.uk