25/01/2010 – Current Awareness

“Barristers in England and Wales are preparing themselves for major changes in the ways they provide legal services, the new Chairman of the Bar Council will say today.”

Full story

The Bar Council, 23rd January 2010

Source: www.barcouncil.org.uk

Iraq war was illegal, top lawyer will tell Chilcot inquiry – The Guardian

Posted January 25th, 2010 in illegality, inquiries, Iraq, news, war by sally

“Tony Blair’s decision to take Britain to war in Iraq was illegal, the Foreign Office’s former chief legal adviser will tell the Chilcot inquiry this week.”

Full story

The Guardian, 24th January 2010

Source: www.guardian.co.uk

Kennedy v Information Commissioner and another – WLR Daily

Posted January 25th, 2010 in disclosure, freedom of information, law reports by sally

Kennedy v Information Commissioner and another [2010] WLR (D) 6

“The Information Tribunal was correct in holding that the wording of s 32(2) of the Freedom of Information Act 2000 had a very wide scope. There was no right under the 2000 Act to disclosure of documents held by public authorities which had been placed in the custody of or created by a person conducting an inquiry or arbitration for the purposes of the inquiry or arbitration, even after the inquiry or arbitration had concluded; the documents fell under the absolute exemptions set out in s 32(2) of the Act, regardless of their content and the consequences of their disclosure, and notwithstanding the public interest in their disclosure. However, the exemption could be waived and the information could be released by inquiries and arbitrators when the public interest required it.”

WLR Daily, 22nd January 2010

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.

AXA Insurance plc and Another v Sulaman – Times Law Reports

Posted January 25th, 2010 in law reports by sally

AXA Insurance plc and Another v Sulaman

Court of Appeal

“It was not usually helpful to compare factual details in one case with another to decide whether to deprive a litigant of some costs.”

The Times, 25th January 2010

Source: www.timesonline.co.uk

Carey v HSBC Bank plc and Associated Cases – Times Law Reports

Posted January 25th, 2010 in law reports by sally

Carey v HSBC Bank plc and Associated Cases

Queen’s Bench Division

“A creditor could satisfy its duty under section 78 of the Consumer Credit Act 1974, to give a debtor, when asked in writing, a copy of the running-account regulated credit agreement and other documents referred to therein, by providing a reconstituted version of the executed agreement, which might be from sources other than the signed version.”

The Times, 25th January 2010

Source: www.timesonline.co.uk

Secret document which implicated Blair Peach coroner withheld by Home Office – The Guardian

Posted January 25th, 2010 in coroners, documents, inquests, news, police by sally

“Government officials withheld a document relating to the death of Blair Peach, the anti-fascist campaigner widely believed to have been killed by police in 1979, because they feared it would portray the coroner as biased and lend weight to calls for a public inquiry.”

Full story

The Guardian, 22nd January 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted January 25th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Starmer v R [2010] EWCA Crim 1 (22 January 2010)

Court of Appeal (Civil Division)

JO (Uganda) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 10 (22 January 2010)

KB (Trinidad and Tobago) v Secretary of State for the Home Department [2010] EWCA Civ 11 (22 January 2010)

High Court (Chancery Division)

Lidl GmbH v Just Fitness Ltd & Anor [2010] EWHC 39 (Ch) (15 January 2010)

High Court (Queen’s Bench Division)

Doncaster Metropolitan Borough Council v British Broadcasting Corporation [2010] EWHC 53 (QB) (22 January 2010)

Uren v Corporate Leisure (UK) Ltd & Ors [2010] EWHC 46 (QB) (22 January 2010)

High Court (Administrative Court)

Secretary of State for Justice v Slee [2010] EWHC 73 (Admin) (22 January 2010)

OM (Algeria) v Secretary of State for the Home Department [2010] EWHC 65 (Admin) (22 January 2010)

High Court (Technology and Construction Court)

Rok Building Ltd v Celtic Composting Systems Ltd (No. 2) [2010] EWHC 66 (TCC) (22 January 2010)

Source: www.bailii.org

Solicitors drum up childhood-abuse cases with jail ads – The Times

Posted January 25th, 2010 in news by sally

“Solicitors are advertising in jails for prison inmates to make compensation claims for abuse against former carers and teachers. Some of the claims involve allegations stretching back decades.”

Full story

The Times, 24th January 2010

Source: www.timesonline.co.uk

Balancing security and rights – The Guardian

Posted January 25th, 2010 in airports, human rights, news, privacy, terrorism by sally

“Full-body scanners may be a valuable addition to airport security, but profiling is likely to prove unjustified and ineffective.”

Full story

The Guardian, 23rd January 2010

Source: www.guardian.co.uk

Equality bill: churches and campaigners demand clarity on religion’s exemption – The Guardian

Posted January 25th, 2010 in bills, Church of England, equality, news by sally

“The government is facing allegations of duplicity over changes to the equality bill after a leaked document showed conflicting statements about the position of churches and other religious organisations.”

Full story

The Guardian, 25th January 2010

Source: www.guardian.co.uk

Thousands of criminals to serve less time in prison under Government plans – Daily Telegraph

Posted January 25th, 2010 in news by sally

“Tens of thousands of criminals will spend less time in prison under Government plans to limit the ability of judges to set jail sentences, an official document has disclosed.”

Full story

Daily Telegraph, 24th January 2010

Source: www.telegraph.co.uk

CPS refuses to reveal details of Nick Griffin’s race hate trial – The Guardian

Posted January 25th, 2010 in Crown Prosecution Service, disclosure, hate crime, inciting racial hatred, news by sally

“The Crown Prosecution Service is blocking attempts to disclose details about the prosecution of Nick Griffin, the leader of the British National party, for race hate crimes, claiming that to do so would breach his data protection rights.”

Full story

The Guardian, 22nd January 2010

Source: www.guardian.co.uk

Judges need more discretion, not more laws – The Times

Posted January 25th, 2010 in news by sally

“What should be done when people take the law into their own hands in pursuit of what they regard as justice?”

Full story

The Times, 25th January 2010

Source: www.timesonline.co.uk

UK ‘using obscure legal principle’ to dismiss torture claims in colonial Kenya – The Guardian

Posted January 25th, 2010 in Kenya, news, rape, state immunity, state succession, torture by sally

“The government is invoking an obscure legal principle to dismiss claims of torture and rape by the British colonial administration in Kenya, campaigners claimed.”

Full story

The Guardian, 25th January 2010

Source: www.guardian.co.uk

Attorney General urged to increase sentence in Edlington torture case – Daily Telegraph

Posted January 25th, 2010 in news, sentencing, young offenders by sally

“Child welfare campaigners have called for a longer sentence to be given to the two brothers who tortured and sexually humiliated two young boys.”

Full story

Daily Telegraph, 23rd January 2010

Source: www.telegraph.co.uk

Tories back plan to extend ‘Sarah’s law’ sex offender checks – The Guardian

Posted January 25th, 2010 in children, news, sexual offences by sally

“The Conservatives today backed plans by the home secretary, Alan Johnson, for a national roll-out of powers allowing parents to check whether those who regularly care for their children are convicted sex offenders.”

Full story

The Guardian, 24th January 2010

Source: www.guardian.co.uk

Fears of ‘licence to kill’ as Tories bid to change self-defence law – The Times

Posted January 25th, 2010 in news by sally

“A new law to give greater protection to householders is unnecessary and could be a licence to kill, a leading criminal barrister has warned.”

Full story

The Times, 25th January 2010

Source: www.timesonline.co.uk

Mum jailed over ‘most ill child’ pretence – The Independent

Posted January 25th, 2010 in child cruelty, news, perverting the course of justice, sentencing by sally

“A mother who pretended that her son was terminally ill for six years in order to gain access to celebrities, a prime minister, the royal family and charitable donations has been jailed for three years.”

Full story

The Independent, 22nd January 2010

Source: www.independent.co.uk

Parents of Edlington torture brothers could be charged – BBC News

Posted January 25th, 2010 in children, news, parental responsibility by sally

“The parents of two brothers detained indefinitely after they tortured two young boys in a ‘sadistic’ attack could face prosecution, police have revealed.”

Full story

BBC News, 23rd January 2010

Source: www.bbc.co.uk

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