Murderer wins fight to get state to pay for his haircuts – The Observer

Posted May 18th, 2009 in news, prisons, rehabilitation by sally

“A prisoner has won a legal battle to have his haircuts paid for by the state while out of jail on day release.”

Full story

The Observer, 17th May 2009

Source: http://observer.guardian.co.uk/

Feasibility study to consider the possible merger of the Inner and Middle Temple Libraries – update

Posted May 15th, 2009 in inns of court, libraries, news by sally

I have been informed that not everyone received the memorandum sent to members on 5th May 2009. This was a notice regarding the feasibility study to be undertaken jointly with Middle Temple to investigate the potential benefits of merging our two libraries and creating a state of the art education and training centre for use by both Inns.

I am grateful to those who did receive the notice and have sent their comments to me or to the Librarian, Margaret Clay. As a result of these comments, I would like to clarify the following points.

• As part of the feasibility study, we will be engaging professional consultants to
assist us.
• The consultants will carry out a user survey and consultation process with Library users and non-users alike.
• All members will be consulted at the conclusion of the Feasibility Study before any decision is taken by Bench Table.

I say this to reassure you that no decision in principle has already been taken to implement a libraries merger programme. We are investigating possibilities only, against a background of our ongoing review of all areas of the Inn’s operations.

I hope this explains the position more clearly. Please feel free to contact me directly if you wish to ask questions or make comments.

Vivian Robinson QC
Treasurer

Expenses scandal: proving MPs committed fraud would be difficult – The Times

Posted May 15th, 2009 in expenses, news, parliament by sally

“The furore over allowances claimed by Members of Parliament has produced strong reactions from members of the public, including suggestions that criminal offences have been committed. There has been speculation in the media, suitably restrained for obvious reasons, that some cases might attract the attention of the Revenue or other authorities. There may have been complaints made to the police.”

Full story

The Times, 15th May 2009

Source: www.timesonline.co.uk

George v Eagle Air Services Ltd and Others – Times Law Reports

Posted May 15th, 2009 in aircraft, evidence, law reports, negligence, Saint Lucia by sally

George v Eagle Air Services Ltd and Others

Privy Council

“The doctrine of res ipsa loquitur, the thing speaks for itself, applied in a claim for damages arising out of an allegation of negligence causing an air crash, so that the burden of proof shifted to the defendant owners and operators of the aircraft to produce an explanation which was consistent with the crash having occurred despite the absence of fault on their part.”

The Times, 15th May 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted May 15th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Clarke, R v [2009] EWCA Crim 921 (14 May 2009)

Pedley & Ors v R [2009] EWCA Crim 840 (14 May 2009)

Pitchfork, R v [2009] EWCA Crim 963 (14 May 2009)

Hughes v R [2009] EWCA Crim 841 (14 May 2009)

Bamber, R v [2009] EWCA Crim 962 (14 May 2009)

Court of Appeal (Civil Division)

Whitehouse v Lee [2009] EWCA Civ 375 (14 May 2009)

Rolls-Royce Plc v Unite the Union [2009] EWCA Civ 387 (14 May 2009)

Francois v Hutchison 3G UK Ltd [2009] EWCA Civ 405 (14 May 2009)

Source: www.bailii.org

Iraq inquiry: military police chief ordered before judges – The Guardian

Posted May 15th, 2009 in armed forces, disclosure, Iraq, murder, news by sally

“The government’s most senior lawyer and the head of the military police have been ordered to the high court tomorrow to explain why they have failed to release documents about the aftermath of a fierce gunfight in Iraq when British troops are accused of mutilating and murdering civilians.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

Two Labour peers face suspension for offering to change law for money – The Guardian

Posted May 15th, 2009 in corruption, news, parliament by sally

“Two Labour peers face suspension from the House of Lords until the autumn after being found guilty of offering to try to change the law in return for money.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted May 15th, 2009 in legislation by sally

The Armed Forces (Court Martial) Rules 2009

The Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009

The Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) (Amendment) Regulations 2009

The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) (Amendment) Regulations 2009

The Armed Forces (Service Civilian Court) Rules 2009

The Armed Forces (Summary Appeal Court) Rules 2009

The Armed Forces (Unfitness to Stand Trial and Insanity) Regulations 2009

The Armed Forces (Service Supervision and Punishment Orders) Regulations 2009

The Armed Forces (Minor Punishments and Limitation on Power to Reduce in Rank) Regulations 2009

The Armed Forces (Summary Hearing and Activation of Suspended Sentences of Service Detention) Rules 2009

The Veterinary Surgery (Wing and Web Tagging) Order 2009

Source: www.opsi.gov.uk

Death knell for hunting ban as police abandon monitoring operations – The Times

Posted May 15th, 2009 in hunting, news, police by sally

“Police forces are to stop monitoring hunts in a change of policy that sounds the death knell for the hunting ban, The Times has learnt.”

Full story

The Times, 15th May 2009

Source: www.timesonline.co.uk

Jail term cut for girls’ killer – BBC News

Posted May 15th, 2009 in appeals, DNA, murder, news, sentencing by sally

“The first man jailed using DNA evidence has won an appeal against his 30-year minimum sentence for murdering two Leicestershire schoolgirls.”

Full story

BBC News, 14th May 2009

Source: www.bbc.co.uk

Minister rejects calls for Deepcut deaths inquiry – The Guardian

Posted May 15th, 2009 in armed forces, inquests, news by sally

“The armed forces minister, Bob Ainsworth, rejected calls for a public inquiry into the deaths of four army recruits at the Deepcut barracks today after the publication of official investigations into two of the deaths.”

Full story

The Guardian, 14th May 2009

Source: www.guardian.co.uk

Charity to sue over domestic violence murder victim Sabina Akhtar – The Times

Posted May 15th, 2009 in domestic violence, murder, news, police by sally

“A charity that campaigns for victims of domestic violence is to sue a police force and the Crown Prosecution Service over allegations that it failed to protect a woman who was murdered by her husband.”

Full story

The Times, 14th May 2009

Source: www.timesonline.co.uk

Supermarket law shops ‘by 2011’ – BBC News

Posted May 15th, 2009 in legal services, news by sally

“High Street shops and supermarkets in England and Wales will be permitted to sell legal services within two years, a regulatory body has said.”

Full story

BBC News, 14th May 2009

Source: www.bbc.co.uk

Binyam Mohamed: bill for bringing Guantánamo detainee back to Britain was £121,000 – Daily Telegraph

Posted May 15th, 2009 in news by sally

“The cost of returning former Guantánamo Bay detainee Binyam Mohamed to Britain in February was put at more than £121,000, according to new figures.”

Full story

Daily Telegraph, 15th May 2009

Source: www.telegraph.co.uk

Longer-serving workers allowed protection from redundancy – The Times

Posted May 15th, 2009 in age discrimination, news, redundancy by sally

“Companies can take employees’ length of service in to consideration when choosing who should be made redundant, the Court of Appeal said today, in a ruling that will protect older workers in the current downturn.”

Full story

The Times, 14th May 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted May 14th, 2009 in legislation by sally

The Greater Manchester (Light Rapid Transit System) (Media City Extension) Order 2009

The North Level District Internal Drainage District and the South Holland Internal Drainage District (Alteration of Boundaries) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted May 14th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Agombar v R. [2009] EWCA Crim 903 (01 May 2009)

Court of Appeal (Civil Division)

OT (A Child), Re [2009] EWCA Civ 409 (14 May 2009)

Faizovas, R (on the application of) v Secretary of State for Justice [2009] EWCA Civ 373 (13 May 2009)

ED&F Man Commodity Advisers Ltd & Anor v Fluxo-Cane Overseas Ltd & Anor [2009] EWCA Civ 406 (13 May 2009)

FH (Bangladesh) v Secretary of State for the Home Department [2009] EWCA Civ 385 (13 May 2009)

High Court (Administrative Court)

HM Attorney General v Seckerson & Anor [2009] EWHC 1023 (Admin) (13 May 2009)

High Court (Commercial Court)

Matrix Europe Ltd & Anor v Uniserve Holdings Ltd & Ors [2009] EWHC 919 (Comm) (08 May 2009)

Nakanishi Kikai Kogyosho Ltd. v Intermare Transport GmbH [2009] EWHC 994 (Comm) (13 May 2009)

Source: www.bailii.org

FH (Bangladesh) v Secretary of State for the Home Department – WLR Daily

Posted May 14th, 2009 in delay, immigration, law reports by sally

FH (Bangladesh) v Secretary of State for the Home Department

“A two and three-quarter year delay by the Home Office in processing an application for indefinite leave to remain amounted to culpable and undue delay and produced conspicuous unfairness to a man who had evaded deportation in 1986 and lived under an assumed name for 23 years. Had his application made in May 2003 been dealt with promptly the claimant might have been able to take advantage of an extra-statutory concession that leave would normally be granted to a person with more than 14 years’ continuous residence.”

WLR Daily, 13th May 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.

George v Eagle Air Services Ltd – WLR Daily

Posted May 14th, 2009 in aircraft, evidence, law reports, negligence, Saint Lucia by sally

George v Eagle Air Services Ltd

“The doctrine of res ipsa loquitur applied in aviation cases where a claim for damages was based on an allegation of negligence which caused an aircraft to crash. The burden of proof then shifted to the defendant owners/operators of the aircraft to produce an explanation which was consistent with the air crash having occurred without any fault on their part.”

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 (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening) – WLR Daily

Posted May 14th, 2009 in burials and cremation, human rights, judicial review, law reports by sally

R (Ghai) v Newcastle City Council (Ramgharia Gurdwara, Hitchin and another intervening)

“The burning of human remains other than in a crematorium was a criminal offence under ss 2 and 8 of the Cremation Act 1902 and regs 2(1) and 13 of the Cremation (England and Wales) Regulations 2008 (SI 2008/2841). Cremation of an orthodox Hindu on an open air pyre was a manifestation of his belief within the meaning of art 9 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the statutory provisions on cremation limited his freedom to manifest that belief. The statutory provisions governing open air funeral pyres were, however, justified under art 9(2) on the grounds of the protection of public morals and the rights and freedoms of others.”

WLR Daily, 13th May 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.