Day: 13 October 2008
New penalties for cannabis users announced – The Guardian
“Cannabis users face new penalties when the drug is upgraded to class B from January next year, the home secretary said today.”
The Guardian, 13th October 2008
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Velev, R v [2008] EWCA Crim 2162 (12 September 2008)
Thomas, R v [2008] EWCA Crim 2151 (18 September 2008)
Saldana, R v [2008] EWCA Crim 2154 (23 September 2008)
Belaid, R v [2008] EWCA Crim 2153 (23 September 2008)
Court of Appeal (Civil Division)
KS (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1080 (24 September 2008)
High Court (Chancery Division)
Tower MCashback LLP 1 & Anor v HM Revenue & Customs [2008] EWHC 2387 (Ch) (13 October 2008)
High Court (Queen’s Bench Division)
Mahdi & Ors v Al-Habi & Ors [2008] EWHC 2374 (QB) (09 September 2008)
High Court (Administrative Court)
High Court (Commercial Court)
Equitas Ltd & Anor v Horace Holman & Company Ltd & Anor [2008] EWHC 2287 (Comm) (3 October 2008)
High Court (Technology and Construction Court)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Sustainable Communities Regulations 2008
The Landfill Tax (Material from Contaminated Land) (Phasing out of Exemption) Order 2008
The European Single Currency (Taxes) (Amendment) Regulations 2008
The Special Educational Needs (Information) Act 2008 (Commencement) Order 2008
Source: www.opsi.gov.uk
Menezes officer changed evidence – BBC News
“An investigation has begun after a senior officer admitted changing evidence during the inquest into the death of Jean Charles de Menezes.”
BBC News, 13th October 2008
Source: www.bbc.co.uk
When is a demo not a demo? – BBC News Magazine
“When is a demonstration not a demonstration? That effectively is the intriguing question that the most senior judges in the country will have to decide next week, writes the BBC’s Clive Coleman.”
BBC News Magazine, 13th October 2008
Source: www.bbc.co.uk
Recent Statutory Instruments – OPSI
The Non-Domestic Rating (Unoccupied Property) (Wales) Regulations 2008
The Mental Health (Nurses) (Wales) Order 2008
The Mental Health (Conflicts of Interest) (Wales) Regulations 2008
The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008
The Social Security (Miscellaneous Amendments) (No. 5) Regulations 2008
The Child Support (Consequential Provisions) (No. 2) Regulations 2008
The Corporation Tax (Instalment Payments) (Amendment) Regulations 2008
The Veterinary Medicines (Amendment) Regulations 2008
The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008
The Non-resident Companies (General Insurance Business) (Amendment) Regulations 2008
The Statutory Auditors and Third Country Auditors (Amendment) (No. 2) Regulations 2008
The Police (Conduct) Regulations 2008
Source: www.opsi.gov.uk
R v S (F) and A(S) – WLR Daily
R v S (F) and A(S); [2008] WLR (D) 313
“The key or password to an encrypted computer file was a fact which did not constitute an admission of guilt. Only knowledge of it might be incriminating if the data contained incriminating material.”
WLR Daily, 10th October 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.
Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg – WLR Daily
“The ‘extraction’ of the contents of a database, which the database maker had the right to prevent, entailed an act of transfer of the contents to another medium, and included electronic copying and copying by a manual process.”
WLR Daily, 10th October 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.
In re Courts plc – WLR Daily
In re Courts plc [2008] EWHC 2339 (Ch); [2008] WLR (D) 311
“S 176A(2) of the Insolvency Act 1986, which provided that a prescribed part of a company’s net property should be available for the satisfaction of unsecured debts, applied either in its entirety or not at all. There was no jurisdiction under s 176A(5) to order a partial disapplication of s 176A(2) regarding unsecured creditors with claims of a certain value.”
WLR Daily, 10th October 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.
R. K. and A. K. v United Kingdom – Times Law Reports
R. K. and A. K. v United Kingdom (Application No 38000/05)
European Court of Human Rights
“Although the removal of a child from parental care did not amount to a breach of article 8 of the European Convention on Human Rights, guaranteeing the right to respect for private and family life, there was a breach of article 13, guaranteeing an effective remedy.”
The Times, 13th October 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online fro 21 days from the date of publication.
ID cards plan in crisis as the ‘guinea pigs’ revolt – The Guardian
“Plans to build support for identity cards by introducing them among ‘guinea pig’ groups, such as airport staff and students, are in crisis after 10,000 airline pilots vowed to take legal action to block them and opposition swept through Britain’s universities and councils.”
The Guardian, 12th October 2008
Source: www.guardian.co.uk
Music fans back legal downloads – BBC News
“Music pirates can be deterred by warnings from their internet service provider (ISP), suggests a survey.”
BBC News, 12th October 2008
Source: www.bbc.co.uk
Home owners who raffle their properties risk criminal offence, says Gambling Commission – Daily Telegraph
“The growing band of home owners who resort to raffling their properties could be breaking the law, the Gambling Commission has warned.”
Daily Telegraph, 10th October 2008
Source: www.telegraph.co.uk
Database right prevents more than just cut ‘n’ paste copying, rules ECJ – OUT-LAW.com
“A judgment by Europe’s highest court has strengthened the rights of database creators to protect their work from being used by third parties without permission. The database right protects against more than just copying and pasting, it ruled.”
OUT-LAW.com, 10th October 2008
Source: www.out-law.com
Muslims rebuffed over sharia courts – The Times
“Gordon Brown’s new minister for race relations has attacked sharia courts, insisting that the Muslim community in Britain is not ‘advanced’ enough to have its own legal system.”
The Times, 12th October 2008
Source: www.timesonline.co.uk
London becomes defamation capital for world’s celebrities – The Independent
“There was once a golden age of celebrity when those lucky enough to earn a living as actors, singers or models were grateful for all the publicity they could get. Not any more. The number of stars of stage and screen resorting to legal action has doubled since 2005, helping to make London the defamation capital of the world.”
The Independent, 13th October 2008
Source: www.independent.co.uk
Pensioner caught with £1,300 cocaine in handbag escapes jail – Daily Telegraph
“A 77-year-old pensioner caught with £1,300 of cocaine in her handbag has escaped jail after telling a judge she used it to treat pneumonia.”
Daily Telegraph, 10th October 2008
Source: www.telegraph.co.uk
Court of Appeal confirms rejection of UK-IPO software patent approach – OUT-LAW.com
“The Court of Appeal has refused to accept the UK Intellectual Property Office’s rejection of a patent for a piece of software in a move which experts say will open the door for more software patents in the UK.”
OUT-LAW.com, 10th October 2008
Source: www.out-law.com
Peers to vote on anti-terror plan – BBC News
“The House of Lords is set to vote on whether to extend the terror detention limit to 42 days.”
BBC News, 13th October 2008
Source: www.bbc.co.uk
