Devoted husband who strangled wife in his sleep walks free from court – The Guardian

Posted November 20th, 2009 in news by sally

“A ‘decent and devoted’ husband who strangled his wife while he dreamt she was a intruder has been cleared of murder after the Crown Prosecution Service accepted he had not been in control of his actions but was not a danger to anyone else.”

Full story

The Guardian, 20th November 2009

Source: www.guardian.co.uk

Royal Bank of Scotland loses landmark wheelchair access appeal – The Times

Posted November 20th, 2009 in news by sally

“The Royal Bank of Scotland has been ordered to carry out £200,000 of work to improve wheelchair access at one of its branches after senior judges ruled that it had breached disability laws.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Coroners and Justice Act 2009

Posted November 20th, 2009 in legislation by sally

Coroners and Justice Act 2009 published

Full text of Act (PDF)

Source: www.opsi.gov.uk

New laws to aid global fight against bribery – Ministry of Justice

Posted November 20th, 2009 in news by sally

“The UK will further cement its reputation as one of the least corrupt countries in the world with new laws that will enable courts to tackle bribery at home and abroad more effectively, said Justice Secretary, Jack Straw.”

Full story

Ministry of Justice, 20th November 2009

Source: www.justice.gov.uk

‘Wicked’ grandmother jailed over dowry dispute – The Independent

Posted November 20th, 2009 in news by sally

“A ‘wicked’ grandmother and the two sons she ordered to kidnap and beat her estranged son-in-law over a £25,000 dowry dispute, have each been jailed for seven years.”

Full story

The Independent, 20th November 2009

Source: www.independent.co.uk

Legal profession set for historic reforms – The Times

Posted November 20th, 2009 in news by sally

“Barristers will be free to set up in partnership with solicitors or with each other under historic reforms approved last night by the Bar Standards Board.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Experts can be named in family cases – The Times

Posted November 20th, 2009 in news by sally

“Expert witnesses in family cases are to be named under the next stage of opening up the family courts to the media, although social workers’ anonymity will be protected, ministers have announced.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted November 20th, 2009 in legislation by sally

The Double Taxation Relief and International Tax Enforcement (Guernsey) Order 2009

The Burma (Restrictive Measures) (Overseas Territories) Order 2009

The Identity Cards Act 2006 (Commencement No. 5) Order 2009

The Double Taxation Relief and International Tax Enforcement (Jersey) Order 2009

The Double Taxation Relief and International Tax Enforcement (Virgin Islands) Order 2009

The Companies Act 2006 (Amendment of Section 413) Regulations 2009

The Health Service Branded Medicines (Control of Prices and Supply of Information) Amendment Regulations 2009

The Administrative Justice and Tribunals Council (Listed Tribunals) (Amendment) Order 2009

The Movement of Animals (Restrictions) (Wales) (Amendment) Order 2009

The Contaminants in Food (Wales) (Amendment) Regulations 2009

The Public Transport Users’ Committee for Wales (Establishment) (Amendment) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted November 20th, 2009 in law reports by sally

Supreme Court

Louca v A German Judicial Authority [2009] UKSC 4 (19 November 2009)

B (A Child), Re [2009] UKSC 5 (19 November 2009)

Court of Appeal (Civil Division)

Willmore v Knowsley Metropolitan Borough Council [2009] EWCA Civ 1211 (19 November 2009)

Tekdata Interconnections Ltd v Amphenol Ltd [2009] EWCA Civ 1209 (19 November 2009)

High Court (Chancery Division)

HSBC Bank Plc v Dyche & Anor [2009] EWHC 2954 (Ch) (18 November 2009)

Williams v Hull [2009] EWHC 2844 (Ch) (19 November 2009)

Perpetual Trustee Company Ltd v BNY Corporate Trustee Services Ltd & Anor [2009] EWHC 2953 (Ch) (17 November 2009)

High Court (Administrative Court)

Mohamed, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs [2009] EWHC 2973 (Admin) (19 November 2009)

High Court (Commercial Court)

Dunlop Haywards (DHL) Ltd & Ors v Barbon Insurance Group Ltd & Ors [2009] EWHC 2900 (Comm) (19 November 2009)

High Court (Technology and Construction Court)

Southern Electric v Mead Realisations [2009] EWHC 2947 (TCC) (04 November 2009)

German Property 50 SARL v Summers-Inman Construction and Property Consultants LLP [2009] EWHC 2968 (TCC) (20 November 2009)

Source: www.bailii.org

In re B (A Child) – WLR Daily

Posted November 20th, 2009 in law reports by sally

In re B (A Child) [2009] UKSC 5; [2009] WLR (D) 336

“When the court was considering a residence order application in respect of a child under s 8 of the Children Act 1989 there was no presumption in favour of a biological parent. The advantage of being brought up by a parent only assumed significance as part of an examination of what was in the child’s best interests.”

WLR Daily, 19th November 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.

Al Rawi and others v Security Service and others – WLR Daily

Al Rawi and others v Security Service and others [2009] EWHC 2959 (QB); [2009] WLR (D) 335

It could be lawful and proper for a court to order that a closed material procedure (avoiding disclosure of material contrary to the public interest otherwise than to special advocates) be adopted in a civil claim for damages.

WLR Daily, 19th November 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.

Southern Pacific Mortgage Ltd v Heath – Times Law Reports

Posted November 20th, 2009 in law reports by sally

Southern Pacific Mortgage Ltd v Heath

Court of Appeal

“A consumer credit agreement which provided for the redemption of an existing smaller mortgage loan and left the remainder as credit, comprised one agreement for the purposes of the Consumer Credit Act 1974.”

The Times, 20th November 2009

Source: www.timesonline.co.uk

Choudhary and Others v Bhatter and Others – Times Law Reports

Posted November 20th, 2009 in law reports by sally

Choudhary and Others v Bhatter and Others

Court of Appeal

“The words ‘regardless of domicile’ within article 22 of the EC Judgments Regulation were to be construed with care.”

The Times, 20th November 2009

Source: www.timesonline.co.uk

Government to crack down on illegal downloads – The Independent

Posted November 20th, 2009 in news by sally

“People who illegally download music and films could have their internet connection slowed down or cut off altogether under legislation unveiled today.”

Full story

The Independent, 20th November 2009

Source: www.independent.co.uk

Apprenticeships, Skills, Children and Learning Act 2009

Posted November 20th, 2009 in legislation by sally

Apprenticeships, Skills, Children and Learning Act 2009 published

Full text of Act

Source: www.opsi.gov.uk

Fitness test probes strength of new law firms – The Times

Posted November 20th, 2009 in news by sally

“People or companies who buy up law firms under the imminent ‘Big Bang’ of the legal profession will have to pass an a special test to prove their ‘fitness to own’ under plans outlined today (19 November).”

Full story

The Times, 19th November 2009

Source: www.timesonline.co.uk

UK lawyers fight to save nine-year-old boy from deportation to Iran – The Guardian

Posted November 20th, 2009 in news by sally

“Lawyers for a nine-year-old boy set to be removed from the UK tomorrow are urgently trying to stop his deportation.”

Full story

The Guardian, 19th November 2009

Source: www.guardian.co.uk

Grandmother wins Supreme Court ruling on care of three-year-old boy – The Times

Posted November 20th, 2009 in news by sally

“A woman has won a legal battle over the care of her three-year-old grandson after the Supreme Court reversed rulings that he should live with his father.”

Full story

The Times, 20th November 2009

Source: www.timesonline.co.uk

Judge orders boy to live with father against his wishes – Daily Telegraph

Posted November 20th, 2009 in news by sally

“A senior judge has ordered a boy to leave his home and school to go and live with his father, against the wishes of both the child and his mother.”

Full story

Daily Telegraph, 20th November 2009

Source: www.telegraph.co.uk

Court rejects David Miliband bid to suppress CIA evidence – The Guardian

Posted November 20th, 2009 in news by sally

“The high court today (19 November) flatly rejected claims by David Miliband, the foreign secretary, that releasing evidence of the CIA’s inhuman and unlawful treatment of UK resident Binyam Mohamed would harm Britain’s relations with the US by giving away intelligence secrets.”

Full story

The Guardian, 19th November 2009

Source: www.guardian.co.uk