Ecstasy should be downgraded to class B drug say government advisers – Daily Telegraph

Posted February 9th, 2009 in drug offences, news by sally

“Ecstasy should be downgraded to a class B drug, the government’s drugs advisers are to recommend.”

Full story

Daily Telegraph, 7th February 2009

Source: www.telegraph.co.uk

Government compiles travel records database – The Independent

Posted February 9th, 2009 in data protection, news by sally

“The Government is compiling a database to track and store the international travel records of millions of people. ”

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The Independent, 8th February 2009

Source: www.independent.co.uk

Legal loopholes ‘allowing MI5 to collude in torture’ – The Guardian

Posted February 9th, 2009 in intelligence services, news, torture by sally

“An international human rights organisation is calling on the British government to close down legal loopholes that appear to give MI5 officers immunity from prosecution if they collude in the torture of British terrorism suspects in Pakistan.”

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The Guardian, 6th February 2009

Source: www.guardian.co.uk

Text death sentence up for review – BBC News

Posted February 9th, 2009 in dangerous driving, news, sentencing by sally

“The Attorney General is to review the sentence of a motorist jailed for causing death by dangerous driving after using her mobile phone.”

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BBC News, 6th February 2009

Source: www.bbc.co.uk

Prisoners demand right to be fathers after landmark European ruling – Daily Telegraph

Posted February 9th, 2009 in human rights, news, parental rights, prisons by sally

“Six prisoners in British jails have applied to have children with their partners following a landmark European court ruling that their human rights would be breached if they are prevented from becoming fathers.”

Full story

Daily Telegraph, 8th February 2009

Source: www.telegraph.co.uk

Rape victim makes plea to others – BBC News

Posted February 9th, 2009 in anonymity, news, rape by sally

“A woman, raped by an ex-boyfriend, has waived her anonymity to encourage other victims to report their ordeal.”

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BBC News, 6th February 2009

Source: www.bbc.co.uk

Army victims’ lawyer ‘had death threats’ – The Independent

Posted February 9th, 2009 in armed forces, intimidation, legal profession, media, news by sally

“MoD accused of waging ‘black propaganda’ campaign against human rights activists.”

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The Independent, 7th February 2009

Source: www.independent.co.uk

Attacked teacher’s £280k payout – BBC News

Posted February 9th, 2009 in assault, criminal injuries compensation, news, teachers by sally

“A teacher who was assaulted by a pupil has been awarded £280,000 – one of the highest awards given to a teacher, it is believed.”

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BBC News, 6th February 2009

Source: www.bbc.co.uk

Balls: ‘I did right thing over Baby P’ – The Guardian

Posted February 9th, 2009 in child abuse, news, social services by sally

“The Children’s secretary Ed Balls launched a strong defence of his handling of the Baby P tragedy last night after Haringey’s former head of children’s services accused him of ‘breathtaking recklessness’ that had left social workers demoralised and put children’s safety at risk.”

Full story

The Guardian, 8th February 2009

Source: www.guardian.co.uk

Parking fine man received £20,000 – BBC News

Posted February 9th, 2009 in damages, fines, news, parking, psychiatric damage by sally

“A man was awarded £20,000 in damages after claiming he was distressed by parking fines totalling £200.”

Full story

BBC News, 8th February 2009

Source: www.bbc.co.uk

Barrister flown back to UK and jailed – The Independent

Posted February 6th, 2009 in barristers, fraud, news by sally

” A former barrister who was jailed in her absence after fleeing to France in the middle of her fraud trial was back behind bars today.”

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The Independent, 6th February 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted February 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 (06 February 2009)

High Court (Queen’s Bench Division)

Clyde & Co Llp & Anor v New Look Interiors of Marlow Ltd & Anor [2009] EWHC 173 (QB) (06 February 2009)

High Court (Commercial Court)

Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership v BP Shipping Ltd [2009] EWHC 111 (Comm) (29 January 2009)

Source: www.bailii.org

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

Posted February 6th, 2009 in disclosure, judgments, law reports, public interest, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Tabernacle v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in byelaws, demonstrations, human rights, law reports, nuclear weapons by sally

Tabernacle v Secretary of State for Defence [2009] EWCA Civ 23; [2009] WLR (D) 35

“Para 7(2)(f) of the Atomic Weapons Establishment (AWE) Aldermaston Byelaws 2007, which prohibited the right of any member of the Women’s Peace Camp to camp within controlled areas on land owned by the Secretary of State for Defence to protest against nuclear weapons was not justifiable and violated the rights to individual freedom of expression and to freedom of peaceful assembly protected by arts 10 and 11 of the European Convention for the Protection of Human Rights and Fundamental Freedom.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Yearworth and others v North Bristol NHS Trust – WLR Daily

Posted February 6th, 2009 in bailment, human tissue, law reports, negligence, psychiatric damage by sally

Yearworth and others v North Bristol NHS Trust [2009] EWCA Civ 37; [2009] WLR (D) 34

“The sperm sample of a person undergoing chemotherapy treatment, stored by a hospital for his benefit for future use in case the treatment made him infertile, was property owned by him whose loss or damage entitled him to bring an action for negligence. Moreover, where the circumstances showed there was a bailment of the sperm to the hospital unit storing it, a cause of action for bailment could arise for its loss or damage sounding in damages for psychiatric injury and/or mental distress.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

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

Regina (TF) v Secretary of State for Justice – Times Law Reports

Posted February 6th, 2009 in law reports, mental health, prisons by sally

Regina (TF) v Secretary of State for Justice

Court of Appeal

“A prisoner could be transferred to a mental hospital at the end of his sentence, only if two doctors recommended it and his medical condition and treatability justified it.”

The Times, 6th February 2009

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.

Ratcliffe v Secretary of State for Defence – WLR Daily

Posted February 6th, 2009 in armed forces, asbestos, law reports, war pensions, widows by sally

Ratcliffe v Secretary of State for Defence [2009] EWCA Civ 39; [2009] WLR (D) 33

“A woman who had been the partner of a naval officer for over 25 years at the time of his death from disease said to derive from exposure to asbestos during his employment was in an analogous situation to that of a married woman. However, the Secretary of State for Defence was able to justify a distinction in war pension entitlement between her case and that of a married survivor.”

WLR Daily, 4th February 2009

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.

ZT (Kosovo) v Secretary of State for the Home Department – WLR Daily

Posted February 6th, 2009 in asylum, law reports by sally

ZT (Kosovo) v Secretary of State for the Home Department [2009] UKHL 6; [2009] WLR (D) 32

“When an applicant whose claim for asylum was refused as ‘clearly unfounded’ under s 94(2) of the Nationality, Immigration and Asylum Act 2002 made further submissions, the Secretary of State had then to go on to consider whether those further submissions were fresh claims which ‘created a realistic prospect of success’ under r 353 of the Immigration Rules (HC 395).”

WLR Daily, 4th February 2009

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.

Holmes-Moorhouse v London Borough of Richmond upon Thames – WLR Daily

Posted February 6th, 2009 in children, homelessness, housing, law reports, residence orders by sally

Holmes-Moorhouse v London Borough of Richmond upon Thames [2009] UKHL 7; [2009] WLR (D) 31

“When a court in family proceedings made a shared residence order providing for children to spend alternate weeks with each of their parents, and the father was homeless, a housing authority was not obliged, on account of the order, to regard the father as a person in priority need of accommodation on the ground that dependent children might reasonably expected to reside with him.”

WLR Daily, 4th February 2009

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.

Protesters to carry on camping – The Independent

Posted February 6th, 2009 in demonstrations, news by sally

“Women peace activists have been told by a judge they can continue camping outside the Aldermaston nuclear weapons site, no matter how ‘tiresome’ the Ministry of Defence thinks they are.”

Full story

The Independent, 6th February 2009

Source: www.independent.co.uk