An end to the free ride against legal aid opponents – The Times

Posted October 14th, 2008 in news, pro bono work by sally

“It may have been heralded with a champagne reception at Coutts attended by the legal great and the good but the launch last week of the Access to Justice Foundation had little to do with the world of high finance.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Mother was seduced by 14-year-old boy, says judge – Daily Telegraph

Posted October 14th, 2008 in children, drug offences, news, sentencing, sexual offences by sally

“A judge allowed a mother who had sex with a 14-year-old boy to walk free, saying that the boy seduced her.”

Full story

Daily Telegraph, 14th October 2008

Source: www.telegraph.co.uk

Tory candidate spared jail for ‘vile’ hate campaign against rivals – The Guardian

Posted October 14th, 2008 in criminal damage, harassment, news, political parties, sentencing by sally

“A former Tory prospective parliamentary candidate today escaped a jail sentence after mounting a vicious hate campaign against political rivals in his constituency.”

Full story

The Guardian, 13th October 2008

Source: www.guardian.co.uk

One in ten tribunal awards ‘ignored by rogue employers’ – The Times

Posted October 14th, 2008 in employment, news, tribunals by sally

“About 1,500 people who win tribunal claims each year over their treatment in the workplace do not receive their awards because of a flaw in the system, a report concludes.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Call for ban on primates as pets – BBC News

Posted October 14th, 2008 in animals, news by sally

“A loophole in animal welfare laws that allows primates to be kept as household pets should be closed, an MP has urged.”

Full story

BBC News, 13th October 2008

Source: www.bbc.co.uk

Commons Speaker to investigate Ecclestone affair – The Guardian

Posted October 14th, 2008 in news, parliament by sally

“Commons Speaker Michael Martin is to investigate reports that former prime minister Tony Blair ‘deliberately misled’ parliament, he said today.”

Full story

The Guardian, 13th October 2008

Source: www.guardian.co.uk

Falconer leads assault on 42-day plan – The Guardian

Posted October 14th, 2008 in detention, news, terrorism by sally

“Tony Blair’s former lord chancellor, Lord Falconer, yesterday dismissed as ‘fanciful’ the government’s argument that the fight against terrorism would be assisted by extending to 42 days the maximum period a suspect can be detained without charge. Leading a cross-party assault on the plan in the House of Lords, which last night overwhelmingly rejected the measure by 309 votes to 118, Falconer said he had decided to vote against his government with a ‘heavy heart’.”

Full story

The Guardian, 14th October 2008

Source: www.guardian.co.uk

House of Lords deals fatal blow to 42-day terror detention plans – The Times

Posted October 14th, 2008 in detention, news, terrorism by sally

“Plans to give police up to 42 days to question terrorism suspects were crushed by the House of Lords last night, halting a three-year, high-wire political battle begun in the aftermath of the 7/7 bombings.”

Full story

The Times, 14th October 2008

Source: www.timesonline.co.uk

Counter Terrorism Bill Debate (Video)

Posted October 13th, 2008 in news, parliament, terrorism by sally

Watch the Lords debate the Counter-Terrorism Bill

Link to video

Source: www.parliament.uk

New penalties for cannabis users announced – The Guardian

Posted October 13th, 2008 in drug offences, news by sally

“Cannabis users face new penalties when the drug is upgraded to class B from January next year, the home secretary said today.”

Full story

The Guardian, 13th October 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 13th, 2008 in law reports by sally

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)

Deutsche Bank AG & Ors v Asia Pacific Broadband Wireless Communications Inc & Anor [2008] EWCA Civ 1091 (13 October 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)

Capel Parish Council, R (on the application of) v Surrey County Council [2008] EWHC 2364 (Admin) (5 September 2008)

P, R (on the application of) v Haringey London Borough Council [2008] EWHC 2357 (Admin) (15 September 2008)

Kennedy, R (on the application of) v Able UK Ltd (Health & Safety Executive of) [2008] EWHC 2313 (Admin) (29 September 2008)

Edwards, R (on the application of) v Criminal Cases Review Commission [2008] EWHC 2389 (Admin) (13 October 2008)

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)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2008] EWHC 2379 (TCC) (10 October 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted October 13th, 2008 in legislation by sally

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 Child Maintenance and Other Payments Act 2008 (Commencement No. 4 and Transitional Provision) Order 2008

The Special Educational Needs (Information) Act 2008 (Commencement) Order 2008

Source: www.opsi.gov.uk

Menezes officer changed evidence – BBC News

Posted October 13th, 2008 in firearms, inquests, news, police by sally

“An investigation has begun after a senior officer admitted changing evidence during the inquest into the death of Jean Charles de Menezes.”

Full story

BBC News, 13th October 2008

Source: www.bbc.co.uk

When is a demo not a demo? – BBC News Magazine

Posted October 13th, 2008 in demonstrations, special report by sally

“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.”

Full story

BBC News Magazine, 13th October 2008

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted October 13th, 2008 in legislation by sally

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 (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

The Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008

The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (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 Group Relief for Overseas Losses (Modification of the Corporation Tax Acts for Non-resident Insurance Companies) 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 Civil Enforcement of Parking Contraventions (The County Council of Durham) (Durham District) Designation Order 2008

The Police (Conduct) Regulations 2008

Source: www.opsi.gov.uk

R v S (F) and A(S) – WLR Daily

Posted October 13th, 2008 in encryption, evidence, investigatory powers, law reports, self-incrimination by sally

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

Posted October 13th, 2008 in database right, EC law, law reports by sally

Directmedia Publishing GmbH v Albert-Ludwigs-Universität Freiburg (Case C-304/07); [2008] WLR (D) 312

“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

Posted October 13th, 2008 in debts, insolvency, law reports by sally

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

Posted October 13th, 2008 in care orders, human rights, law reports by sally

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

Posted October 13th, 2008 in identity cards, news by sally

“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.”

Full story

The Guardian, 12th October 2008

Source: www.guardian.co.uk