Dog walker killer can challenge conviction – BBC News

Posted January 20th, 2010 in appeals, evidence, murder, news by sally

“A man convicted last year of murdering a woman as she walked her dog in 1996 has been given permission to challenge his conviction by the appeal court.”

Full story

BBC News, 19th January 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 20th, 2010 in law reports by sally

Court of Appeal (Civil Division)

H (A Child). Re [2010] EWCA Civ 6 (19 January 2010)

Court of Appeal (Criminal Division)

Bell, R. v [2010] EWCA Crim 3 (19 January 2010)

High Court (Administrative Court)

FL (A Child), R (on the application of) v London Borough of Lambeth [2010] EWHC 49 (Admin) (19 January 2010)

Mann, R (on the application of) v The City of Westminster Magistrates’ Court & Ors [2010] EWHC 48 (Admin) (19 January 2010)

Halborg, R (on the application of) v The Law Society [2010] EWHC 38 (Admin) (19 January 2010)

High Court (Chancery Division)

Westvilla Properties Ltd v Dow Properties Ltd [2010] EWHC 30 (Ch) (15 January 2010)

Diageo North America, Inc & Anor v Intercontinental Brands (ICB) Ltd & Ors [2010] EWHC 17 (Ch) (19 January 2010)

High Court (Commercial Court)

Tandrin Aviation Holdings Ltd v Aero Toy Store Llc & Anor [2010] EWHC 40 (Comm) (19 January 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 20th, 2010 in legislation by sally

The Commons Act 2006 (Commencement No. 5) (England) Order 2010

The Legislative Reform (Revocation of Prescribed Form of Penalty Notice for Disorderly Behaviour) Order 2010

The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010

The Private and Voluntary Health Care (Wales) (Amendment) Regulations 2009

The Children Act 1989 (Amendment of Miscellaneous Regulations) (No. 2) (Wales) Regulations 2009

Source: www.opsi.gov.uk

Megtian Ltd (in administration) v Revenue and Customs Commissioners – WLR Daily

Posted January 20th, 2010 in fraud, law reports, tax evasion, VAT by sally

Megtian Ltd (in administration) v Revenue and Customs Commissioners [2010] EWHC 18 (Ch); [2010] WLR (D) 3

“The phrase ‘knew or ought to have known’ when applied for the purpose of identifying the state of a mind of a person who had participated in a transaction which was in fact connected with a fraud encompassed two different states of mind. A person who knew that a transaction was connected with fraudulent tax evasion was a participant in that fraud and had a dishonest state of mind; by contrast, a person who merely ought to have known of the relevant connection was not dishonest, but had a state of mind broadly equivalent to negligence.”

WLR Daily, 19th 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.

Pitt and another v Holt and another – WLR Daily

Posted January 20th, 2010 in Court of Protection, law reports, mental health, receivers, setting aside by sally

Pitt and another v Holt and another [2010] WLR (D) 2

“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”

WLR daily, 19th 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.

 

Defending your house: so what is ‘reasonable force’? – The Times

Posted January 20th, 2010 in news by sally

“How far can householders go to defend themselves? The reignited debate on ‘have-a-go heroes’ is already prompting fresh calls from politicians for reforms to the law.”

Full story

The Times, 20th January 2010

Source: www.timesonline.co.uk

Government plans to fight foreign bribery – Ministry of Justice

Posted January 20th, 2010 in bribery, corruption, press releases by sally

“The fight against foreign bribery steps up a level today as Justice Secretary Jack Straw announces new plans to combat global corruption.”

Full press release

Ministry of Justice, 19th January 2010

Source: www.justice.gov.uk

Tough new powers to tackle alcohol crime announced – Home Office

Posted January 20th, 2010 in alcohol abuse, consultations, crime, drunk and disorderly, press releases by sally

“A ban on irresponsible drink promotions and a compulsory requirement to check under-18s for ID are among the final conditions of a proposed mandatory code for alcohol retailers announced by the Home Secretary, Alan Johnson.”

Full press release

Home Office, 19th January 2010

Source: www.homeoffice,gov.uk

Attorney General: The role of the Attorney General in the 21st Century – Attorney General’s Office

Posted January 20th, 2010 in attorney general, speeches by sally

“The Administrative Law Bar Association, Inner Temple Hall, London, ‘The role of the Attorney General in the 21st Century’  – speech by The Rt Hon Baroness Scotland QC, Attorney General.”

Full speech

Attorney General’s Office, 19th January 2010

Source: www.attorneygeneral.gov.uk

Cumbrian nursing boss wins race slur compensation – BBC News

Posted January 20th, 2010 in news, nurses, race discrimination, unfair dismissal by sally

“A nursing boss who was told in an NHS appraisal she was the ‘wrong colour and wrong culture’ for Cumbria has been awarded £115,000 compensation.”

Full story

BBC news, 19th January 2010

Source: www.bbc.co.uk

Anti-extremist protesters jailed for Luton rampage – BBC News

Posted January 20th, 2010 in demonstrations, news, racism, sentencing, violence by sally

“Four men have been jailed for going on the rampage during a march against Muslim extremists in Luton.”

Full story

BBC News, 20th January 2010

Sourcce: www.bbc.co.uk

Straw proposes reducing success fees in defamation cases – Ministry of Justice

Posted January 20th, 2010 in costs, defamation, fees, Ministry of Justice, press releases by sally

“Success fees that lawyers can charge for winning defamation cases in no-win, no-fee agreements should be reduced from 100% to 10%, Justice Secretary Jack Straw announced today.”

Full press release

Ministry of Justice, 19th January 2010

Source: www.justice.gov.uk

Libel lawyers’ ‘success fees’ to be cut by 90% to aid investigative journalism – The Guardian

Posted January 20th, 2010 in costs, defamation, fees, media, news by sally

“Lawyers who sue the media will see their fees cut by 90% under plans set out by the government today to bring down the cost of libel actions.”

Full story

The Guardian, 20th January 2010

Source: www.guardian.co.uk

Peers who fail to pay taxes could face jail – Daily Telegraph

Posted January 20th, 2010 in domicile, news, peerages & dignities, tax avoidance by sally

“A series of amendments to the Constitutional Reform Bill, which is currently before the Commons, have been tabled which would force peers to be domiciled in the United Kingdom for tax purposes.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Royal College of Physicians warns that proposed guidance could ‘open door’ to doctor-assisted suicide – Daily Telegraph

Posted January 20th, 2010 in assisted suicide, doctors, duty of care, news by sally

“In a strongly-worded submission to the Crown Prosecution Service, England’s oldest medical institution says that any clinician suspected of helping someone die should be investigated by police. It also warns that the draft clarification of the Suicide Act will mean doctors are ‘coerced’ into speculating on how long a patient has to live, so that their loved ones are able to escape prosecution for assisted suicide by claiming they were terminally ill.”

Full story

Daily Telegraph, 20th January 2010

Source: www.telegraph.co.uk

Grandparents get easier route to see children when families split – The Guardian

Posted January 20th, 2010 in children, divorce, grandparents, news, reports by sally

“A legal obstacle is to be abolished to make it easier for hundreds of thousands of grandparents to gain access to their grandchildren when contact is denied after divorce and family breakdowns, the government will announce today.”

Full story

The Guardian, 20th January 2010

Source: www.guardian.co.uk

Police errors left rapist John Worboys free to strike – but no officers face sack – The Guardian

Posted January 20th, 2010 in inquiries, news, police, sexual offences, victims by sally

“A serial sex attacker remained free to continue preying on women because police officers made serious mistakes during their investigations and failed to take victims seriously, the Independent Police Complaints Commission will rule today.”

Full story

The Guardian, 20th January 2010

Source: www.guardian.co.uk

Judge urges Charity Commission to hand over George Galloway papers – The Times

Posted January 20th, 2010 in news by sally

“A judge has encouraged the Charity Commission to end a lengthy battle with The Times by handing over documents about George Galloway’s suspected financial links with Saddam Hussein.”

Full story

The Times, 20th January 2010

Source: www.timesonline.co.uk

‘Have-a-go’ brothers Munir and Tokeer Hussain refused appeal – The Times

Posted January 20th, 2010 in news by sally

“Two businessmen will learn today how long they must serve in prison after an appeal that has reignited controversy over ‘have-a-go heroes’.

Full story

The Times, 20th January 2010

Source: www.timesonline.co.uk

Liverpool hospital payout for birth paralysis girl – BBC News

Posted January 19th, 2010 in birth, compensation, hospitals, news, personal injuries by sally

“A girl from Merseyside whose arm was paralysed during childbirth has been awarded a six-figure payout.”

Full story

BBC News, 19th January 2010

Source: www.bbc.co.uk