Month: August 2009

R v C [2009] UKHL 42; [2009] WLR (D) 272

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

R v C – WLR Daily

Posted August 3rd, 2009 in consent, law reports, mental health, sexual offences by sally

“The words of s 30(2)(a) of the Sexual Offences Act 2003 ‘or for any other reason’ were wide enough to include an irrational fear preventing the free exercise of choice, and inability to communicate the choice made within s 30(2)(b) was not limited to physical inability.”

WLR Daily, 31st July 2009

R (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) [2009] UKHL 45; [2009] WLR (D) 271

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

R (Purdy) v Director of Public Prosecutions (Society for the Protection of Unborn Children intervening) – WLR Daily

Posted August 3rd, 2009 in assisted suicide, Crown Prosecution Service, law reports, married persons by sally

“The Director of Public Prosecutions should be required to promulgate a policy identifying the facts and circumstances to be considered in exercising his discretion under s 2(4) of the Suicide Act 1961 whether to prosecute a person such as the claimant’s husband for aiding and abetting an assisted suicide abroad.”

WLR Daily, 31st July 2009

Windatt (trustee in banruptcy of Wright) v Wright and another [2009] EWCA Civ 81; [2009] WLR (D) 270

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

Windatt (trustee in banruptcy of Wright) v Wright and another – WLR Daily

Posted August 3rd, 2009 in bankruptcy, charging orders, execution, law reports by sally

“A judgment creditor who had obtained a final charging order before the making of a bankruptcy order was not to be deprived of the benefit of his security by reason of the bankruptcy alone.”

WLR Daily, 31st July 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.

R v K(A) – WLR Daily

Posted August 3rd, 2009 in law reports, self-incrimination, without prejudice communications by sally

R v K(A) [2009] EWCA Crim 1640; [2009] WLR (D) 269

“A party to ancillary relief proceedings was not entitled to invoke the privilege against self-incrimination to withhold information about his income and assets that exposed him to a risk of prosecution but since he would in those circumstances be acting under compulsion the information he provided would not be admissible against him in criminal proceedings.”

WLR Daily, 31st July 2009

Regina (Al-Sweady and Others) v Secretary of State for Defence

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

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

Posted August 3rd, 2009 in law reports, ministers' powers and duties, public interest immunity by sally

Queen’s Bench Divisional Court

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in them. Nothing less was acceptable.”

The Times, 3rd August 2009

Metropolitan International Schools Ltd v Designtechnica Corporation and Others

Metropolitan International Schools Ltd v Designtechnica Corporation and Others – Times Law Reports

Posted August 3rd, 2009 in defamation, internet, law reports, service out of jurisdiction by sally

Queen’s Bench Division

“An internet search engine was not a publisher at common law.”

The Times, 3rd August 2009

Britain’s torture role must be investigated, say MPs – The Independent

Posted August 3rd, 2009 in intelligence services, news, rendition, torture by sally

“Joint Commons and Lords committee expected to issue damning report on MI5’s part in the rendition of terror suspects.”

The Independent, 2nd August 2009

Source: www.independent.co.uk

Disinherited family win High Court battle for thousands – The Times

Posted August 3rd, 2009 in news, wills by sally

“The family of a wealthy philanthropist have won a High Court battle to reclaim their inheritance after she left her estate to a man she might never have known.”

The Times, 1st August 2009

MoD payout decision ‘incredible’ – BBC News

Posted August 3rd, 2009 in armed forces, compensation, news, personal injuries by sally

“The former Head of the Army, General Sir Mike Jackson, has said he wants a review into compensation for injured troops to be independent.”

BBC News, 2nd August 2009

Source: www.bbc.co.uk

Court orders Tchenguiz to return computer data – The Independent

Posted August 3rd, 2009 in confidentiality, divorce, news by sally

“The multimillionaire businessman Vivian Imerman won a court order yesterday preventing his estranged wife’s brothers – property tycoons Robert and Vincent Tchenguiz – from using confidential information about his financial assets.”

The Independent, 1st August 2009

Source: www.independent.co.uk

Assisted suicide: Whose life is it anyway? – The Times

Posted August 3rd, 2009 in assisted suicide, news by sally

“Debbie Purdy was ‘ecstatic’. It was a strange reaction to the news that it had suddenly become easier to be killed in Zurich. But the real reason for her elation was that the news also meant it might soon become easier to be killed in Britain.”

The Times, 2nd August 2009

Schools pay £16,000 a day in compensation – Daily Telegraph

Posted August 3rd, 2009 in compensation, health & safety, news, personal injuries, school children by sally

“Schools are paying out £16,000 a day in compensation to pupils injured in the playground and PE lessons, new figures show.”

Daily Telegraph, 2nd August 2009

Source: www.telegraph.co.uk

Purdy: ‘Now let me die in Britain’ – The Independent

Posted August 3rd, 2009 in assisted suicide, news by sally

“Pressure mounts for assisted suicide to be allowed on the NHS after MS sufferer’s landmark legal victory.”

The Independent, 1st August 2009

Source: www.independent.co.uk

Guidelines on assisted suicide ‘heading for challenge in the courts’ – The Times

Posted August 3rd, 2009 in assisted suicide, news by sally

“A former Lord Chancellor has warned that new guidelines on assisted suicide will expose the Director of Public Prosecutions to challenge in the courts.”

The Times, 1st August 2009

Judges rule on child discipline – BBC News

Posted August 3rd, 2009 in child abuse, corporal punishment, news by sally

“Judges in the case of a girl who was kicked and slapped by her parents have drawn a line at which disciplining children becomes physical abuse.”

BBC News, 1st August 2009

Source: www.bbc.co.uk

Criminal Records Bureau errors lead to hundreds being branded criminals – Daily Telegraph

Posted August 3rd, 2009 in criminal records, news, vetting by sally

“More than 1,500 people have been wrongly branded as criminals or mistakenly given a clean record by the government agency set up to vet those working with children, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 2nd August 2009

Source: www.telegraph.co.uk

Government ‘would push for Gary McKinnon to serve sentence in UK’ – The Guardian

Posted August 3rd, 2009 in computer crime, extradition, news by sally

“The government will push for Gary McKinnon, the computer hacker fighting extradition to the US, to serve his sentence in a British prison if he is found guilty, Labour’s deputy leader said today.”