‘Noisy sex’ woman spared prison – BBC News

Posted January 22nd, 2010 in ASBOs, news, noise, sentencing by sally

“A woman who breached an Asbo banning her from having noisy sex has been given a suspended prison sentence.”

Full story

BBC News, 22nd January 2010

Source: www.bbc.co.uk

Is divorce law fair? – Daily Telegraph

Posted January 22nd, 2010 in divorce, evidence, news by sally

“A multimillionaire faces Britain’s biggest divorce payout. Is Lisa Tchenguiz right to demand £100m of her husband’s wealth?”

Full story

Daily Telegraph, 22nd January 2010

Source: www.telegraph.co.uk

Edlington brothers jailed for torture of two boys – The Guardian

Posted January 22nd, 2010 in grievous bodily harm, news, sentencing, torture, young offenders by sally

“Two young brothers who subjected a pair of children to a 90-minute ordeal of beating, torture and sexual humiliation were today sentenced to an indeterminate detention term of at least five years.”

Full story

The Guardian, 22nd January 2010

Source: www.guardian.co.uk

How Edlington case follows course paved by Bulger trial – BBC News

Posted January 22nd, 2010 in children, criminal responsibility, news, young offenders by sally

“Two brothers are among Britain’s youngest convicted criminals to be placed in custody after being detained for a horrific attack on another two boys in Edlington, South Yorkshire, carried out when they were aged just 10 and 11.”

Full story

BBC News, 22nd January 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – OPSI

Posted January 22nd, 2010 in legislation by sally

The Employment Relations Act 1999 (Blacklists) Regulations 2010

The Sheep and Goats (Records, Identification and Movement) (Wales) Order 2009

Source: www.opsi.gov.uk

Video Recordings Act 2010

Posted January 22nd, 2010 in legislation, video recordings by sally

Video Recordings Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

British Sky Broadcasting Group plc and another v Competition Commission and another – WLR Daily

Posted January 22nd, 2010 in appeals, competition, law reports, media, mergers by sally

British Sky Broadcasting Group plc and another v Competition Commission and another [2010] EWCA Civ 2; [2010] WLR (D) 5

“In deciding whether or not the recommendation of the Competition Commission that a proposed merger should be prevented as contrary to the public interest, the Competition Appeal Tribunal was not required to exercise a greater intensity of judicial review than would be applied on a normal judicial review application. S 120(4) of the Competition Act 1998 required the appeal tribunal to apply the same principles as would be applied by a court on an application for judicial review. It would fly in the face of the section’s words if the tribunal, as a hyper-competent specialised tribunal, were required to undertake a more intensive review.”

WLR Daily, 21st January 2010

Source: www.lawreports.co.uk

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

R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) – WLR Daily

Posted January 22nd, 2010 in disciplinary procedures, law reports, teachers by sally

R (G) v Governors of X School (Secretary of State for Children and Schools and Families intervening) [2010] EWCA Civ 1; [2010] WLR (D) 4

“Where an individual was subject to two or more sets of proceedings, or phases of a single proceeding, and a civil right or obligation enjoyed or owed by him would be determined in one of them, he could (but not necessarily would), by force of art 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, enjoy appropriate procedural rights in relation to another of them if its outcome would have a substantial influence or effect on the determination of the civil right or obligation. Accordingly, disciplinary proceedings which could lead to a teacher being statutorily barred from working with children were determinant of an individual’s right to practice his profession and art 6 was engaged by those proceedings.”

WLR Daily, 21st January 2010

Source: www.lawreports.co.uk

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

Regina (Boyejo and Others) v Barnet London Borough Council; Regina (Smith) v Portsmouth City Council – Times Law Reports

Posted January 22nd, 2010 in law reports by sally

Regina (Boyejo and Others) v Barnet London Borough Council; Regina (Smith) v Portsmouth City Council

Queen’s Bench Division

“References in documentation before decision-makers to disabilities or to rights of equality, was not sufficient to fulfil the statutory requirement of such recognition.”

The Times, 22nd January 2010

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted January 22nd, 2010 in law reports by sally

Court of Appeal (Civil Division)

M-W (A Child), Re [2010] EWCA Civ 12 (21 January 2010)

McHale v Cadogan [2010] EWCA Civ 14 (21 January 2010)

British Sky Broadcasting Group Plc v The Competition Commission [2010] EWCA Civ 2 (21 January 2010)

High Court (Chancery Division)

Biddle & Company (a firm) v Tetra Pak Ltd & Ors [2010] EWHC 54 (Ch) (21 January 2010)

High Court (Administrative Court)

Butler, R (on the application of) v HM Coroner for the Black Country District [2010] EWHC 43 (Admin) (21 January 2010)

High Court (Technology and Construction Court)

Supablast (Nationwide) Ltd. v Story Rail Ltd. [2010] EWHC 56 (TCC) (21 January 2010)

High Court (Commercial Court)

ING Bank N.V. v Ros Roca S.A. [2010] EWHC 50 (Comm) (21 January 2010)

Source: www.bailii.org

Judge is refused care authorities’ report in Edlington torture case – The Times

Posted January 22nd, 2010 in news by sally

“Care authorities have refused to allow a High Court judge to read a confidential report into their handling of two young brothers who sadistically tortured two children and left them for dead.”

Full story

The Times, 22nd January 2010

Source: www.timesonline.co.uk

Juicy twist in Vivian Imerman’s divorce – The Times

Posted January 22nd, 2010 in news by sally

“A business tycoon’s estranged wife has won the right to use 20,000 documents stolen from his computer in her battle for a slice of his £300 million fortune.”

Full story

The Times, 22nd January 2010

Source: www.timesonline.co.uk

Attorney General supports fresh inquest for student – BBC News

Posted January 22nd, 2010 in inquests, news, suicide by sally

“The Attorney General has said there is an ‘unanswered question’ over the death of a north London student allegedly involved with a right-wing group.”

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BBC News, 21st January 2010

Source: www.bbc.co.uk

FSA gets tough on client money – The Times

Posted January 22nd, 2010 in news by sally

“The Financial Services Authority (FSA) has criticised the UK’s insurance and investment industry for failing to safeguard client money and announced that it is investigating two businesses and has frozen the assets of a third over the issue.”

Full story

The Times, 21st January 2010

Source: www.timesonline.co.uk

Mother who used heroin to kill her son launches appeal – BBC News

Posted January 22nd, 2010 in appeals, euthanasia, murder, news by sally

“A mother jailed for life for murdering her disabled son by injecting him with heroin at a care home is to appeal against the sentence and conviction.”

Full story

BBC News, 21st January 2010

Source: www.bbc.co.uk

When is it right to take the law into our own hands? – The Independent

Posted January 22nd, 2010 in news, proportionality, self-defence, sentencing by sally

“One committed a violent attack on a burglar. The other was guilty of the mercy killing of her brain-damaged son. One is free. The other starting a nine-year sentence. Paul Vallely examines the issues raised by their contrasting treatment.”

Full story

The Independent, 22nd January 2010

Source: www.independent.co.uk