US threats mean evidence of British resident’s Guantánamo torture must stay secret, judges rule – The Guardian

Posted February 5th, 2009 in disclosure, intelligence services, news, torture by sally

“Evidence of how a British resident held in the Guantánamo Bay detention camp was tortured, and what MI5 knew about it, must remain secret because of serious threats the US has made against the UK, the high court ruled today (4 February).”

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The Guardian, 4th February 2009

Source: www.guardian.co.uk

JPs win first round in battle over extention of on-the-spot fines – The Times

Posted February 5th, 2009 in fines, magistrates, news by sally

“Magistrates have won a first-round battle over the growing use of on-the-spot fines, which they warn, are undermining public confidence in the justice system.”

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The Times, 5th February 2009

Source: www.timesonline.co.uk

The Big Question: At what age should children be held responsible for their criminal acts? – The Independent

Posted February 5th, 2009 in children, criminal responsibility, news by sally

“Why are we asking this now?

Because the former head of the Youth Justice Board, Professor Rod Morgan, has called for the age at which children can be locked up –the so-called age of criminal responsibility – to be raised. The minimum age is currently 10 years in England, Wales and Northern Ireland and eight in Scotland. Professor Morgan spoke for many criminologists and penal reformers when he argued that the age should be raised, and voiced concern that nothing would be done.”

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The Independent, 5th February 2009

Source: www.independent.co.uk

Companies still not owning up to corruption – The Times

Posted February 4th, 2009 in corruption, financial regulation, news by sally

“Two out of five senior executives would attempt to bury a corruption problem rather than report it to authorities, a survey has found.”

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The Times, 4th February 2009

Source: www.timesonline.co.uk

Cancer sperm men win court battle – BBC News

Posted February 4th, 2009 in bailment, human tissue, negligence, news, psychiatric damage by sally

“Six male cancer patients have been told they can claim damages after a hospital freezer broke down and destroyed their frozen sperm.”

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BBC News, 4th February 2009

Source: www.bbc.co.uk

House of Lords Judgments: What’s new?

Posted February 4th, 2009 in law reports by sally

Z T (Kosovo) (Respondent) v Secretary of State for the Home Department (Appellant) [2009] UKHL 6 (4 February 2009)

Holmes-Moorhouse(FC) (Original Respondent and Cross-appellant) v London Borough of Richmond upon Thames (Original Appellants and Cross-respondents) [2009] UKHL 7 (4 February 2009)

Marks and Spencer plc (Appellants) v Her Majesty’s Commissioners of Customs and Excise (Respondents) [2009] UKHL 8 (4 February 2009)

Source: www.parliament.uk

Recent Statutory Instruments – OPSI

Posted February 4th, 2009 in legislation by sally

The National Health Service (Travelling Expenses and Remission of Charges) (Wales) (Amendment) Regulations 2009

The Local Government (Assistants for Political Groups) (Remuneration) (Wales) Order 2009

The Social Security (Contributions) (Amendment) Regulations 2009

The Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2009

The Criminal Justice and Immigration Act 2008 (Commencement No. 6 and Transitional Provisions) Order 2009

The Social Security (Contributions) (Amendment No. 2) Regulations 2009

The Social Security (Contributions) (Re-rating) Order 2009

The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted February 4th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Tarn Insurance Services Ltd v Kirby & Ors [2009] EWCA Civ 19 (27 January 2009)

Yearworth & Ors v North Bristol NHS Trust [2009] EWCA Civ 37 (04 February 2009)

High Court (Chancery Division)

Grant v Bragg [2009] EWHC 74 (Ch) (22 January 2009)

Data Direct Technologies Ltd v Marks & Spencer Plc [2009] EWHC 97 (Ch) (26 January 2009)

Mobilx Ltd v HM Revenue & Customs [2009] EWHC 133 (Ch) (03 February 2009)

High Court (Queen’s Bench Division)

Lord Chancellor v Rees & Ors [2008] EWHC 3168 (QB) (19 December 2008)

High Court (Administrative Court)

Sainsbury’s Supermarkets Ltd, R (on the application of) v Wolverhampton City Council & Anor [2009] EWHC 134 (Admin) (03 February 2009)

Source: www.bailii.org

Regina (Al-Saadoon and Another) v Secretary of State for Defence – Times Law Reports

Posted February 4th, 2009 in detention, human rights, Iraq, jurisdiction, law reports by sally

Regina (Al-Saadoon and Another) v Secretary of State for Defence

Court of Appeal

“Iraqi detainees held in a United Kingdom internment facility in Iraq on the authority of the local criminal court were not under the jurisdiction of the UK for the purposes of the European Convention on Human Rights.”

The Times, 4th 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.

Raja v Van Hoogstraten (No 9) – Times Law Reports

Posted February 4th, 2009 in civil procedure rules, law reports, sequestration, setting aside by sally

Raja v Van Hoogstraten (No 9)

Court of Appeal

“Since the introduction of the Civil Procedure Rules, applications for the setting aside of orders made without notice were governed by rule 23.10, and determined by the court exercising the discretion given by that rule in accordance with the overriding objective to do justice.”

The Times, 4th 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.

More to claim in child abuse case – BBC News

Posted February 4th, 2009 in child abuse, news by sally

“A further 150 people are set to claim compensation for the abuse they suffered at children’s homes in Manchester in the 1970s and 1980s.”

Full story

BBC News, 3rd February 2009

Source: www.bbc.co.uk

Smith aims to thwart rise in burglaries – The Independent

Posted February 4th, 2009 in burglary, news by sally

“The Home Secretary insisted today that burglary does not have to rise in a recession as she prepared to host a summit to address the issue.”

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The Independent, 4th February 2009

Source: www.independent.co.uk

Parliament probes privacy law, could give it legislative ‘nudge’ – OUT-LAW.com

Posted February 4th, 2009 in news, privacy by sally

“Parliament will investigate privacy law in the UK and may give the law a ‘nudge’, Justice Minister Jack Straw has said. A select committee of MPs will look into how the law has developed and how it is being implemented by courts, he said.”

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OUT-LAW.com, 3rd February 2009

Source: www.out-law.com

Government defeat on banking bill – BBC News

Posted February 4th, 2009 in banking, news by sally

“Labour has lost a vote in the House of Lords on an amendment to its flagship bill to protect the banking system.”

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BBC News, 3rd February 2009

Source: www.bbc.co.uk

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – Times Law Reports

Posted February 4th, 2009 in burden of proof, health & safety, law reports by sally

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust

Court of Appeal

“Where a hospital employee was injured using a mechanical hoist to move a patient, the burden was on the employer to prove that it had taken appropriate steps to reduce any risk to the lowest reasonably practicable level.”

The Times, 3rd 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.

Persche v Finanzamt Lüdenscheid – Times Law Reports

Posted February 4th, 2009 in charities, EC law, gifts, income tax, law reports by sally

Persche v Finanzamt Lüdenscheid

Court of Justice of the European Communities

“Article 56 EC on the free movement of capital enabled eligible tax deductions on gifts made to charitable bodies in the taxpayer’s state also to be claimed on gifts made to charities within the European Union outside the taxpayer’s state.”

The Times, 3rd 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.

Terror suspects maintain contact with terrorist groups, despite restrictions – The Guardian

Posted February 4th, 2009 in control orders, news, terrorism by sally

“A few terror suspects have managed to maintain contact with terrorist groups despite being under control orders which include restrictions that amount to ‘virtual house arrest’, the government’s official watchdog on the terror laws warned tonight.”

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The Guardian, 3rd February 2009

Source: www.guardian.co.uk

Banks gear up for legal battle as era of the free mortgage approaches – Daily Telegraph

Posted February 4th, 2009 in banking, mortgages, news by sally

“Banks are gearing up for a legal battle ahead of tomorrow’s interest rate decision, which could mean they owe borrowers money.”

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Daily Telegraph, 3rd February 2009

Source: www.telegraph.co.uk

‘Too many’ mentally ill in jails – BBC News

Posted February 4th, 2009 in mental health, news, prisons by sally

“Thousands of people with mental health problems are ending up in jail rather than receiving treatment, the Prison Reform Trust has said.”

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BBC News, 4th February 2009

Source: www.bbc.co.uk

Long-term partner loses battle for war pension – The Independent

Posted February 4th, 2009 in news, war pensions by sally

“The long-term unmarried partner of a retired Royal Navy officer who died five years ago from a job-related illness has failed in her legal battle for the right to receive a widow’s war pension.”

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The Independent, 3rd February 2009

Source: www.independent.co.uk