Bankers’ killers make appeal bid – BBC News

Posted December 4th, 2009 in homicide, news, sentencing by sally

“Two brothers who admitted the manslaughter of a senior banking executive in Norfolk have appealed against their jail terms.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk

Motorist loses crash death appeal – BBC News

Posted December 4th, 2009 in alcohol abuse, dangerous driving, news, sentencing by sally

“A motorist who was drunk when she hit and killed a 15-month-old boy in his pushchair has lost her appeal against her seven-year sentence.”

Full story

BBC News, 4th December 2009

Source: www.bbc.co.uk

When ministers take an 18 per cent pay cut, then we will be silent, says chairman-elect of the Bar Council – The Times

Posted December 4th, 2009 in news by sally

“Keir Starmer, the Director of Public Prosecutions, had better watch out. Next year’s Bar chairman has the Crown Prosecution Service in his sights. Nicholas Green, QC, talks of gathering storm clouds threatening the stability of the Bar and of pressures bearing down with ‘potentially devastating effect’. And one of these, he says, is the push by Crown prosecutors to take on Crown Court work that used to be handled by the Bar.”

Full story

The Times, 3rd December 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted December 4th, 2009 in law reports by sally

High Court (Technology and Construction Court)

YJL London Ltd v Roswin Estates LLP [2009] EWHC 3174 (TCC) (03 December 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 4th, 2009 in legislation by sally

The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009

The Parliamentary Pensions (Amendment) (No 2) Regulations 2009

The County Borough of Bridgend (Communities) Order 2009

The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009

The City and County of Cardiff (Old St. Mellons, Rumney and Trowbridge Communities) Order 2009

Source: www.opsi.gov.uk

Aventis Pasteur SA v OB – WLR Daily

Posted December 4th, 2009 in consumer protection, defective goods, EC law, law reports, limitations by sally

Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352

“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”

WLR Daily, 3rd December 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.

In re I (A Child) – WLR Daily

Posted December 4th, 2009 in conflict of laws, contact orders, domicile, EC law, law reports by sally

In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351

“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”

WLR Daily, 3rd December 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 (Adams) v Secretary of State for Justice – WLR Daily

Posted December 4th, 2009 in compensation, evidence, law reports, miscarriage of justice by sally

R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350

“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”

WLR Daily, 3rd December 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.

In re I (a Child) (Jurisdiction) – Times Law Reports

Posted December 4th, 2009 in law reports by sally

In re I (a Child) (Jurisdiction)

Supreme Court

“The right of parties in child contact proceedings to opt in to the jurisdiction of a European Union country which would not otherwise have jurisdiction to determine the child’s future could apply when the child lived outside the European Union.”

The Times, 4th December 2009

Source: www.timesonline.co.uk

Regina v Clements – Times Law Reports

Posted December 4th, 2009 in law reports by sally

Regina v Clements

Court of Appeal

“In a prosecution for a sexual offence, a previous conviction, even if for a sexual offence, was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.”

The Times, 4th December 2009

Source: www.timesonline.co.uk

Solicitor to be sentenced after stealing £90,000 from blind widow – Law Society’s Gazette

Posted December 4th, 2009 in forgery, news, solicitors, theft by sally

“A Black Country solicitor faces jail after stealing £90,000 from a blind widow and spending the money on luxury items including a pedigree ‘teacup’ chihuahua.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Criminal law: youth justice and sentencing – Law Society’s Gazette

Posted December 4th, 2009 in criminal justice, news, sentencing, young offenders by sally

“Major changes are being made to the way that courts may sentence young offenders. On 27 April, provisions were brought into force to increase the use of ­referral orders. These are manda­tory if the offence is imprisonable and a first-time offender admits the offence and all connected offences, and the court does not deal with the matter by way of an absolute ­discharge, hospital order or custodial sentence.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Woolf calls for arbitration overhaul as he launches new guidance – Law Society’s Gazette

Posted December 4th, 2009 in arbitration, news by sally

“International arbitration has ‘lost its way’, the former lord chief justice Lord Woolf (pictured) told the Gazette this week, as he launched a set of guidelines which will build mediation into the arbitration process.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Delivering offender management services – Ministry of Justice

Posted December 4th, 2009 in prisons, special report by sally

“A document setting out the high-level strategic priorities that the Ministry of Justice requires the NOMS Agency to deliver in 2010-11.”

Full document

Ministry of Justice, 3rd December 2009

Source: www.justice.gov.uk

Administration of justice in Wales – Ministry of Justice

Posted December 4th, 2009 in speeches, Wales by sally

“Justice Minister Jack Straw has today given a speech about the administration of Justice in Wales.”

Full speech

Ministry of Justice, 3rd December 2009

Source: www.justice.gov.uk

The Supreme Court: is the House of Lords ‘losing part of itself’? – speech by Lord Neuberger

Posted December 4th, 2009 in speeches, Supreme Court by sally

“The Supreme Court: is the House of Lords ‘losing part of itself’? – the Young Legal Group of the British Friends of the Hebrew University lecture, 2nd December.”

Full speech

Judiciary of England and Wales, 3rd December 2009

Source: www.judiciary.gov.uk

£500 fine for £7k fake jacket con – BBC News

Posted December 4th, 2009 in fines, news, unfair commercial practices by sally

“A ‘dispicable’ conman must pay nearly £7,000 after conning an elderly couple into buying fake leather jackets.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk

Couple’s cruise payout challenged – BBC News

Posted December 4th, 2009 in damages, holidays, news by sally

“A cruise company has started an appeal to reduce £22,000 in damages awarded to a North Yorkshire couple who claim their dream holiday was ruined.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk

Rome I comes into force, clarifies whose laws apply to contract disputes – OUT-LAW.com

Posted December 4th, 2009 in conflict of laws, contracts, news by sally

“Companies that negotiate contracts without specifying which country’s law should govern any contractual disputes between them will face a new legal regime in two weeks’ time. From 17th December, a new EU law, Rome I, will decide which law should apply.”

Full story

OUT-LAW.com, 3rd December 2009

Source: www.out-law.com

Why too much legal experience can subvert jury trial – The Times

Posted December 4th, 2009 in news by sally

“Like quite a few other lawyers, recently I was called to do jury service. Apart from the inevitable waiting around (note: bring a thick book and a sense of humour), my two weeks were spent trying one serious case (alleged rape and false imprisonment). This is not an article bashing the jury system. Nor am I going to talk about the decision in our case, because I can’t (even if I wanted to). But for a commercial practitioner, the experience certainly had some surprises.”

Full story

The Times, 3rd December 2009

Source: www.timesonline.co.uk