Month: October 2008

R (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) [2008] EWCA Civ 1160; [2008] WLR (D) 327

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) – WLR Daily

Posted October 24th, 2008 in complaints, human rights, law reports, personal injuries, police by sally

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty independently to investigate the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

WLR Daily, 23rd October 2008

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Helow v Secretary of State for the Home Department – WLR Daily

Posted October 24th, 2008 in bias, judiciary, law reports, race discrimination, Scotland by sally

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 2008

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) [2008] UKHL 64; [2008] WLR (D) 00; [2008] WLR (D) 325

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) – WLR Daily

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

“The removal of a foreign national from the United Kingdom was unlawful, as incompatible with the United Kingdom’s obligations under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if it would amount to a flagrant breach of her right to respect for her family life so as to completely deny or nullify that right in the destination country.”

WLR Daily, 23rd October 2008

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn – WLR Daily

Posted October 24th, 2008 in arbitration, jurisdiction, law reports by sally

“Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996.”

WLR Daily, 23rd October 2008

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd October 2008

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – WLR Daily

Posted October 24th, 2008 in Chagos Islands, law reports, prerogative powers by sally

“Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

WLR Daily, 23rd October 2008

Regina v M (Restraint order: Jurisdiction)

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v M (Restraint order: Jurisdiction) – Times Law Reports

Posted October 24th, 2008 in contempt of court, jurisdiction, law reports, restraint orders by sally

Court of Appeal

“A trial judge did have jurisdiction to try an application by the prosecution for a defendant to be committed for contempt for allegedly breaching a restraint order.”

The Times, 24th October 2008

EM (Lebanon) v Secretary of State for the Home Department

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

EM (Lebanon) v Secretary of State for the Home Department – Times Law Reports

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

House of Lords

“The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom’s obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country.”

The Times, 24th October 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Legal defeat for neighbours who complain of pub and church bell noise – Daily Telegraph

Posted October 24th, 2008 in news, noise by sally

“People who buy homes near church bells or cricket pitches then complain about the noise should just tolerate it, the High Court has ruled.”

Daily Telegraph, 24th October 2008

Source: www.telegraph.co.uk

Isle of Man’s Kaupthing Singer & Friedlander investors plan legal action – The Times

Posted October 24th, 2008 in banking, news by sally

“Thousands of depositors who held more than £800 million in offshore accounts with Kaupthing Singer & Friedlander, the failed Icelandic-owned bank, are preparing to take legal action to get their money back.”

The Times, 24th October 2008

Violent crime underestimated for 10 years – The Independent

Posted October 24th, 2008 in crime, news, police, statistics by sally

“Police have been under-recording the most serious violent crimes for up to a decade, the Home Office admitted, as figures revealed an apparent 22 per cent increase in incidents this year. Conservatives said the Government’s claims to have cut crime were ‘fatally undermined’ as reports of violent crimes from murders to grievous bodily harm leapt during the year to June, after officials discovered hundreds of incidents had been wrongly recorded by a string of police forces. As many as 13 forces had been recording offences of grievous bodily harm with intent in a lower category, when they should have been included in figures for the most serious offences.”

The Independent, 24th October 2008

Source: www.independent.co.uk

Woman’s ear sliced for £10 debt – BBC News

Posted October 24th, 2008 in drug offences, news, wounding by sally

“A drug dealer has been found guilty of cutting part of a woman’s ear off because she owed him £10.”

BBC News, 23rd October 2008

Source: www.bbc.co.uk

Man sued for libel over comments on eBay – Daily Telegraph

Posted October 24th, 2008 in defamation, internet, news by sally

“A man is being threatened with a libel action after posting critical comments on the internet about an eBay user who sold him a mobile phone.”

The Tribunals, Courts and Enforcement Act 2007 (Transitional and Consequential Provisions) Order 2008

Daily Telegraph, 23rd October 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted October 23rd, 2008 in legislation by sally

The Employment Tribunals (Constitution and Rules of Procedure) (Amendment) Regulations 2008

The Plant Health (England) (Amendment) (No. 2) Order 2008

The NHS Direct National Health Service Trust (Establishment) Amendment Order 2008

The Serious Organised Crime and Police Act 2005 (Disclosure of Information by SOCA) (Revocation and Re-enactment) Order 2008

The Legislative Reform (Verification of Weighing and Measuring Equipment) Order 2008

Source: www.opsi.gov.uk

Liberty assists two Algerians in Lords appeal against deportation – The Times

Posted October 23rd, 2008 in deportation, news, torture by sally

“Two Algerians who are facing deportation despite fears that they may face ill-treatment or torture if returned lodged an appeal in the House of Lords today.”

The Times, 23rd October 2008

Jeleniewicz v Secretary of State for Work and Pensions [2008] EWCA Civ 1163 (23 October 2008)

BAILII: Recent Decisions

Posted October 23rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

James v Blockbuster Entertainment Ltd [2008] EWCA Civ 1158 (23 October 2008)

Harding v Revenue & Customs [2008] EWCA Civ 1164 (23 October 2008)

Parris v Williams [2008] EWCA Civ 1147 (23 October 2008)

Ashwell Property Group Plc & Anor v Cambridge City Council [2008] EWCA Civ 1151 (22 October 2008)

High Court (Chancery Division)

Abacrombie & Co Ltd, Re [2008] EWHC 2520 (Ch) (23 October 2008)

Law Society of England and Wales & Ors v Wemyss & Ors [2008] EWHC 2515 (Ch) (23 October 2008)

High Court (Queen’s Bench Division)

Clifford v Hertfordshire Constabulary [2008] EWHC 2549 (QB) (23 October 2008)

High Court (Administrative Court)

MH & Ors v Secretary of State for the Home Department [2008] EWHC 2525 (Admin) (23 October 2008)

Friends of the Earth & Anor v Secretary of State for Business Enterprise and Regulatory Reform & Anor [2008] EWHC 2518 (Admin) (23 October 2008)

Platts v Coroner for South Yorkshire (East District) [2008] EWHC 2502 (Admin) (02 October 2008)

Colver, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2008] EWHC 2500 (Admin) (09 October 2008)

High Court (Commercial Court)

Youell & Ors v La Reunion Aerienne & Ors [2008] EWHC 2493 (Comm) (22 October 2008)

Source: www.bailii.org

Salaries for in-house lawyers defy downturn – The Times

Posted October 23rd, 2008 in legal profession, news, remuneration by sally

“Salaries for lawyers at the UK’s top companies are defying the economic downturn, according to new research, rising comfortably ahead of inflation.”

The Times, 23rd October 2008

Future lawyers get ‘life coaches’ to remove barriers to law – Ministry of Justice

Posted October 23rd, 2008 in legal education, legal profession, news by sally

“Budding lawyers seeking advice and support in their efforts to join the legal profession will be helped by a government initiative launched today by Justice Minister Lord Bach.”

Ministry of Justice, 23rd October 2008

Source: www.justice.gov.uk

Sharia law incompatible with human rights legislation, Lords say – The Guardian

Posted October 23rd, 2008 in islamic law, news by sally

“The House of Lords today drew stark attention to the conflict between sharia and UK law, calling the Islamic legal code ‘wholly incompatible’ with human rights legislation.”