Law Lords overturn ruling on rebel cleric – The Times

Posted February 18th, 2009 in deportation, news, terrorism, torture by sally

“Radical cleric Abu Qatada can be deported, despite fears he could face torture, a court ruled today. ”

Full story

The Times, 18th February 2009

Source: www.timesonline.co.uk

House of Lords Judgments: What’s New?

Posted February 18th, 2009 in law reports by sally

RB (Algeria) (FC) and another (Appellants) v Secretary of State for the Home Department
OO (Jordan) (Original Respondent and Cross-appellant) v Secretary of State for the Home Department (Original Appellant and Cross-respondent) [2009] UKHL 10 (18 February 2009)

Mitchell (AP) and another (Original Respondents and Cross-appellants) v Glasgow City Council (Original Appellant and Cross-respondents) (Scotland) [2009] UKHL 11 (18 February 2009)

Source: www.parliament.uk

Elgafaji and another v Staatssecretaris van Justitie – WLR Daily

Posted February 18th, 2009 in EC law, law reports, refugees by sally

Elgafaji and another v Staatssecretaris van Justitie (Case C-465/07); [2009] WLR (D) 59

“For a person to be eligible for subsidiary protection status on the ground that there was a serious and individual threat to his life, it was not essential for him to prove that he was specifically targeted, but it could exceptionally be sufficient for such a threat to be established by a high level of indiscriminate violence in the country in question.”

WLR Daily, 17th 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.

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families – WLR Daily

Posted February 18th, 2009 in EC law, education, judicial review, law reports, public procurement by sally

Chandler v Camden London Borough Council; Chandler v Secretary of State for Children, Schools and Families [2009] EWHC 219 (Admin); [2009] WLR (D) 58

“A parent of school age children could not be classed as an ‘economic operator’ and did not therefore have sufficient standing under European and domestic rules on public procurement to bring a claim for judicial review of a decision of the Secretary State to approve an expression of interest by a sponsor of an academy under s 482 of the Education Act 1996 (as substituted by s 65(1) of the Education Act 2002). The protection conferred by the procurement regime created by the Public Contracts Regulations 2006 (SI 2006/5) could only be invoked in private law proceedings by affected economic operators.”

WLR Daily, 17th 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.

In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP – WLR Daily

Posted February 18th, 2009 in insolvency, law reports, locus standi, partnerships, winding up by sally

In re Charit-Email Technology Partnership LLP; Vermillion International Investments Ltd v Charit-Email Technology Partnership LLP; [2009] WLR (D) 57

“Although the interests and liabilities of a member of a limited liability partnership were different from those of a contributory to a limited company and those differences might lead to some changes in practice so far as petitions to wind them up were concerned, a person seeking to exercise a right to appear and be heard in court proceedings, whether as creditor or contributory, should at least claim to be a member of the class on whom that right was conferred.”

WLR Daily, 17th 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.

Ugiagbe v Southwark London Borough Council – Times Law Reports

Posted February 18th, 2009 in homelessness, housing, law reports, local government by sally

Ugiagbe v Southwark London Borough Council

Court of Appeal

“Failure to follow informal advice to go to a local housing authority’s homeless persons unit when threatened with eviction, did not make an applicant intentionally homeless.”

The Times, 18th 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.

Surveillance will cost more than £34 billion say Convention on Modern Liberty – The Times

Posted February 18th, 2009 in data protection, news, privacy by sally

“The cost of running Britain’s state-run databases over the next ten years has soared to £34 billion, according to estimates from a new campaign against what it called the surveillance society.”

Full story

The Times, 18th February 2009

Source: www.timesonline.co.uk

Met discrimination inquiry begins – BBC News

Posted February 18th, 2009 in news, police, race discrimination by sally

“An inquiry into discrimination in the UK’s biggest police force is to begin.”

Full story

BBC News, 18th February 2009

Source: www.bbc.co.uk

Secret papers on Iraq war stolen from Eversheds lawyer on train – The Times

Posted February 18th, 2009 in news by sally

“Highly sensitive documents relating to the Iraq War have been stolen after being left unguarded on a train by a lawyer working for the Government, The Times has learnt.”

Full story

The Times, 18th February 2009

Source: www.timesonline.co.uk

Man accused of shaking 11-week-old baby is cleared after three year ordeal – Daily Telegraph

Posted February 18th, 2009 in child abuse, news by sally

“A man accused of inflicting severe brain damage on an 11-week-old baby by shaking her has been cleared after a three-year ordeal.”

Full story

Daily Telegraph, 18th February 2009

Source: www.telegraph.co.uk

‘Sex’ ad gives rise to complaints – BBC News

Posted February 18th, 2009 in advertising, news by sally

“Hundreds of complaints over billboard adverts featuring the word ‘sex’ in giant lettering have been upheld by the Advertising Standards Authority (ASA).”

Full story

BBC News, 18th February 2009

Source: www.bbc.co.uk

Woman gets £30,000 payout from M&S after slipping on grapes – Daily Telegraph

Posted February 18th, 2009 in accidents, compensation, news, personal injuries by sally

“A woman has obtained nearly £30,000 in compensation after she slipped on two grapes and broke her shoulder in a Marks & Spencer store.”

Full story

Daily Telegraph, 17th February 2009

Source: www.telegraph.co.uk

Great train robber Ronnie Biggs set to be released in July – The Guardian

Posted February 18th, 2009 in news, parole, robbery by sally

“Great train robber Ronnie Biggs may walk free this summer, it emerged last night. A parole board meeting on 3 July will decide if he can be released from Norwich jail after nine and a half years in custody in the UK and more than 35 years on the run in Australia and Brazil since the £2.3m raid on the Glasgow to London mail train.”

Full story

The Guardian, 18th February 2009

Source: www.guardian.co.uk

Six lawyers at Raleys guilty of misconduct over £7m miners’ awards – The Times

“Three solicitors whose deal with Arthur Scargill led their firm to slice £7.7 million from compensation awards to sick coalminers were suspended yesterday for professional misconduct.”

Full story

The Times, 18th February 2009

Source: www.timesonline.co.uk

Attorney General considering criminal investigation over Binyam Mohamed case – Daily Telegraph

Posted February 18th, 2009 in intelligence services, news, terrorism, torture by sally

“The Attorney General, Baroness Scotland, is considering launching a criminal investigation into whether MI5 agents were complicit in the alleged torture of British terror suspect Binyam Mohamed.”

Full story

Daily Telegraph, 17th February 2009

Source: www.telegraph.co.uk

Law firm Fox Hayes fined almost £1m for role in share scams – The Times

Posted February 17th, 2009 in financial regulation, fraud, law firms, news by sally

“A defunct British law firm has been fined nearly £1 million for ‘recklessly’ assisting Spanish boiler rooms to defraud British investors out of millions of pounds.”

Full story

The Times, 17th February 2009

Source: www.timesonline.co.uk

Miners’ solicitors breached code – BBC News

“Solicitors in South Yorkshire deliberately breached a code of conduct to collect £32m in fees from miners’ compensation claims, a tribunal ruled.”

Full story

BBC News, 17th February 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 17th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Crown Prosecution Service Swansea v Gilleeney & Anor [2009] EWCA Crim 193 (17 February 2009)

Meenan, R v [2009] EWCA Crim 140 (21 January 2009)

Berr, R (on the prosecution of) v Lowe [2009] EWCA Crim 194 (17 February 2009)

Court of Appeal (Civil Division)

Financial Services Authority v Hayes [2009] EWCA Civ 76 (17 February 2009)

High Court (Administrative Court)

L v Director of Public Prosecutions [2009] EWHC 238 (Admin) (14 January 2009)

Writtle v Director of Public Prosecutions [2009] EWHC 236 (Admin) (20 January 2009)

High Court (Technology and Construction Court)

Seele Austria GmbH Co v Tokio Marine Europe Insurance Ltd [2009] EWHC 255 (TCC) (17 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 17th, 2009 in legislation by sally

The Welsh Ambulance Services National Health Service Trust (Establishment) (Amendment) Order 2009

The Transmissible Spongiform Encephalopathies (Wales)(Amendment) Regulations 2009

The Local Government (Structural Changes) (Further Transitional and Supplementary Provision and Miscellaneous Amendments) Regulations 2009

The Northern Ireland Assembly (Elections) (Amendment) Order 2009

The Health and Social Care Act 2008 (Commencement No.8) Order 2009

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

The Data Retention (EC Directive) Regulations 2009

Source: www.opsi.gov.uk

Mosley Vs the UK – BBC News

Posted February 17th, 2009 in news, privacy by sally

“Privacy – who has a right to it and in what circumstances – has become one of the most contentious legal issues of our times.”

Full story

BBC News, 17th February 2009

Source: www.bbc.co.uk