November 2009 – Page 3 – Current Awareness

“Where a person, in reliance, inter alia, upon art 3(2) of the Citizen Directive, sought to claim a right of entry and residence as a dependant of a Union citizen, there was no requirement to ask whether the claimed dependence arose from a need for the support of such a citizen.”

WLR daily, 26th 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.

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council – WLR Daily

Posted November 27th, 2009 in asylum, children, law reports by sally

R (A) v Croydon London Borough Council; R (M) vLambeth London Borough Council [2009] UKSC 8; [2009] WLR (D) 342

“Where an asylum seeker’s claim to be under the age of 18 (and so entitled to accommodation under s 20(1) of the Children Act 1989) was disputed by the local authority who would have to provide the accommodation, the question of age was an objective fact to be ultimately determined, in the event of challenge, by the court.”

WLR Daily, 24th 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.

M6 dash woman jailed over killing – BBC News

Posted November 27th, 2009 in diminished responsibility, homicide, mental health, news, sentencing by sally

“A woman has been jailed for killing a man she met on the day she appeared in court for punching a police officer who tried to stop her running on to the M6.”

Full story

BBC news, 26th November 2009

Source: www.bbc.co.uk

Dirty Essex hospitals prompt call for system reform – BBC News

Posted November 27th, 2009 in hospitals, news by sally

“The way hospitals are regulated should be urgently reformed after a report found a catalogue of failings at two hospitals in Essex, a charity has said.”

Full story

BBC News, 27th November 2009

Source: www.bbc.co.uk

Banker’s jail sentence for drunken grope overturned at Court of Appeal – The Times

Posted November 27th, 2009 in news by sally

“An investment consultant jailed for groping a ‘comatose’ woman after a cocktail party has had his prison sentence overturned.”

Full story

The Times, 27rh November 2009

Source: www.timesonline.co.uk

Thousands of children jailed – before being found guilty – The Independent

Posted November 27th, 2009 in children, imprisonment, news by sally

“More than 27,000 children have been locked up before being convicted of any crime over the last five years. They include 1,004 under-18s held on remand for more than six months and 83 detained for more than one year.”

Full story

The Independent, 27th November 2009

Source: www.independent.co.uk

Police accused of preventing suspects accessing lawyers – The Independent

Posted November 27th, 2009 in legal representation, news, police by sally

“Defendants are being denied a fair trial because police pressure deters them from being represented by a lawyer after their arrest, a survey reveals today.”

Full story

The Independent, 27th November 2009

Source: www.independent.co.uk

Security Minister Lord West stopped and searched under Terrorism Act – The Times

Posted November 27th, 2009 in news by sally

“Lord West of Spithead, the Security minister, has been stopped and searched under anti-terrorism powers, which were used a record number of times last year.”

Full story

The Times, 27th November 2009

Source: www.timesonline.co.uk

Gary McKinnon’s hopes fade as Home Secretary says he is powerless to stop extradition – The Times

Posted November 27th, 2009 in news by sally

“Hopes of a reprieve for Gary McKinnon, the British computer hacker facing extradition to the US, were dashed last night after the Government said that it was powerless to intervene.”

Full story

The Times, 27th November 2009

Source: www.timesonline.co.uk

Three jailed for torture killing – BBC News

Posted November 26th, 2009 in murder, news, sentencing by sally

“Three men have been jailed for their part in the murder of a 26-year-old man who was tortured with scissors in the mistaken belief he was a paedophile.”

Full story

BBC News, 26th November 2009

Source: www.bbc.co.uk

Uncle of meningitis sufferer jailed for stealing £315,000 from trust fund – Daily Telegraph

Posted November 26th, 2009 in abuse of position of trust, fraud, news, sentencing by sally

“A banker who stole £315,000 from the trust fund of his five-year-old niece after she lost her limbs to meningitis has been sentenced to four years in prison.”

Full story

Daily Telegraph, 26th November 2009

Source: www.telegraph.co.uk

Aristocrat sentenced for £1.6m theft from family charity – The Guardian

Posted November 26th, 2009 in charities, news, sentencing, theft by sally

“A wealthy aristocrat who stole £1.6m from a family charity intended to aid Bosnian orphans was given a two-year suspended sentence today.”

Full story

The Guardian, 26th November 2009

Source: www.guardian.co.uk

It’s official – London is the libel capital of the world – The Times

Posted November 26th, 2009 in news by sally

“Libel tourism is flourishing and London is the hottest destination. Its reputation as libel capital of the world has just been confirmed by figures that show that the number of defamation actions started last year was the highest for five years.”

Full story

The Times, 24th November 2009

Source: www.timesonline.co.uk

Urinating student avoids prison – BBC News

Posted November 26th, 2009 in monuments, news, outraging public decency, sentencing by sally

“A student who admitted outraging public decency after he was pictured urinating over a Sheffield war memorial has been told to do community service.”

Full story

BBC News, 26th November 2009

Source: www.bbc.co.uk

Cyprus pair lose extradition bid – BBC News

Posted November 26th, 2009 in Cyprus, dangerous driving, extradition by sally

“Two cousins from Essex who were passengers in a car which hit and killed a teenager in Cyprus have lost a High Court bid to avoid extradition.”

Full story

BBC News, 25th November 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 26th, 2009 in law reports by sally

Court of Appeal (Civil Division)

KB (A Child) v Borough Council & Ors [2009] EWCA Civ 1254 (25 November 2009)

Court of Appeal (Criminal Division)

KS, R. v [2009] EWCA Crim 2377 (17 November 2009)

High Court (Administrative Court)

Metro Construction Ltd. v London Borough of Barnet [2009] EWHC 2956 (Admin) (25 November 2009)

First Essex Buses Ltd, R (on the application of) v Secretary of State for Transport & Anor [2009] EWHC 3024 (Admin) (25 November 2009)

High Court (Chancery Division)

CDV Software Entertainment Ag v Gamecock Media Europe Ltd & Ors [2009] EWHC 2965 (Ch) (20 November 2009)

Source: www.bailii.org

Government response to Joint Committee report on Draft Bribery Bill – Ministry of Justice

Posted November 26th, 2009 in bills, bribery, press releases by sally

“The government’s response to the conclusions and recommendations of the Joint Committee Report on the Draft Bribery Bill.”

Full press release

Ministry of Justice, 23rd November 2009

Source: www.justice.gov.uk

Cafcass judicial review threat – Law Society’s Gazette

Posted November 26th, 2009 in delay, guardianship, judicial review, news by sally

“A Somerset solicitor is set to launch a judicial review action against the Children and Family Courts Advice and Support Service (Cafcass) because of its ‘unacceptable delays’ in appointing children’s guardians and family court advisers.”

Full story

Law Society’s Gazette, 25th November 2009

Source: www.lawgazette.co.uk

Government to implement Walker reforms on pay and governance – HM Treasury

Posted November 26th, 2009 in banking, press releases, remuneration by sally

“The Government will move quickly to implement the reforms of bank pay and governance proposed today by Sir David Walker. Sir David’s review was commissioned by the Government earlier this year to explore failures of corporate governance and management of banks. His final report suggests a series of reforms to strengthen the role of shareholders, improve the quality of bank boards, and to increase transparency of pay and bonus policies.”

Full press release

HM Treasury, 26th November 2009

Source: www.hm-treasury.gov.uk