Bernard Madoff prosecutions dropped by SFO – BBC News

Posted February 2nd, 2010 in fraud, news, Serious Fraud Office by sally

“No prosecutions will take place in Britain in connection with the multibillion-dollar fraud carried out by Bernard Madoff.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

Gang member gets 17 years for murdering teenage cadet – The Independent

Posted February 2nd, 2010 in gangs, murder, news, sentencing, young offenders by sally

“A teenage gang member who knifed a 16-year-old army cadet through the heart was sentenced to a minimum of 17 years behind bars today.”

Full story

The Independent, 2nd February 2010

Source: www.independent.co.uk

Mother wins appeal against murder conviction – BBC News

Posted February 2nd, 2010 in appeals, murder, news by sally

“A woman jailed for killing her three-year-old son by smothering him with a pillow has had her murder conviction changed to manslaughter.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

Refusal to stop John Terry story was not a privacy law U-turn, says expert – OUT-LAW

Posted February 2nd, 2010 in injunctions, media, news, privacy, sport by sally

“The High Court’s refusal to issue an injunction preventing the media from reporting an alleged affair footballer John Terry had with a team mate’s girlfriend is unlikely to change the course of privacy law, an expert said.”

Full story

OUT-LAW.com, 2nd February 2010

Source: www.out-law.com

BAILII: Recent Decisions

Posted February 2nd, 2010 in law reports by sally

High Court (Chancery Division)

American Express Services Europe Ltd v HM Revenue & Customs [2010] EWHC 120 (Ch) (29 January 2010)

Byers & Ors (Liquidators of Madoff Securities International Ltd) v Yacht Bull Corporation & Anor [2010] EWHC 133 (Ch) (01 February 2010)

High Court (Family Division)

S (A Child), Re [2010] EWHC B1 (Fam) (04 January 2010)

High Court (Administrative Court)

Hines v Secretary of State for the Home Department [2010] EWHC 69 (Admin) (26 January 2010)

High Court (Commercial Court)

Kolmar Group AG v Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm) (01 February 2010)

Blue Sky One Ltd & Ors v Blue Airways Llc & Ors [2010] EWHC 128 (Comm) (01 February 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 2nd, 2010 in legislation by sally

The Enactment of Extra-Statutory Concessions Order 2010

The Criminal Defence Service (Contribution Orders) (Amendment) Regulations 2010

The Criminal Defence Service (Information Requests) (Prescribed Benefits) (Amendment) Regulations 2010

The Infrastructure Planning (Fees) Regulations 2010

The Infrastructure Planning (Miscellaneous Prescribed Provisions) Regulations 2010

The Infrastructure Planning (Compulsory Acquisition) Regulations 2010

The Infrastructure Planning (Examination Procedure) Rules 2010

The Representation of the People (Scotland) (Amendment) Regulations 2010

The Social Security (Contributions) (Amendment) Regulations 2010

The Pollution Prevention and Control (Designation of Directives)(England and Wales) Order 2010

The Planning Act 2008 (Commencement No.4 and Saving) Order 2010

The Mental Health Act 2007 (Commencement No.11) Order 2010

The Coroners and Justice Act 2009 (Commencement No. 3 and Transitional Provision) Order 2010

The Infrastructure Planning (Interested Parties) Regulations 2010

Source: www.opsi.gov.uk

Thornton and another v Director of Public Prosecutions – WLR Daily

Posted February 2nd, 2010 in appeals, judiciary, law reports, sentencing by sally

Thornton and another v Director of Public Prosecutions [2010] WLR (D) 17

“When assessing whether an indication by convicting justices as to the type of sentence which a defendant was likely to receive from a different sentencing judge gave rise to a legitimate expectation on the part of the defendant that the sentencing judge would in fact pass sentence in accordance with such an indication, the sentencing judge needed to consider whether the justices had complied with their duty pursuant to s 172 (1)(b) of the Criminal Justice Act 2003 to have regard to sentencing guidelines when carrying out a function relating to the sentencing of offenders.”

WLR Daily, 1st February 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.

Alemo-Herron and others v Parkwood Leisure Ltd – WLR Daily

Posted February 2nd, 2010 in appeals, law reports, remuneration, transfer of undertakings by sally

Alemo-Herron and others v Parkwood Leisure Ltd [2010] EWCA Civ 24; [2010] WLR (D) 16

“In the case of a competitive transfer to the private sector of local authority services, and thence to further private sector employment, the employers, in not having abided by the terms relating to pay in a collective bargaining pay settlement agreed between the local authority and trade unions, had not made an unlawful deduction from wages; and an entitlement within the agreement to pay increases was not enforceable against the employers under reg 5(1) of the Transfer of Undertakings (Protection of Employment) Regulations 1981.”

WLR Daily, 1st February 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.

R (Savage) v Hillingdon London Borough Council – WLR Daily

Posted February 2nd, 2010 in homelessness, housing, judicial review, law reports, local government by sally

R (Savage) v Hillingdon London Borough Council [2009] EWHC 88 (Admin); [2010] WLR (D) 15

“In the discharge of its duty to provide advice and assistance to an intentionally homeless claimant, the local authority had to apply its policy flexibly and take into account the claimant’s own particular circumstances.”

WLR Daily, 1st February 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.

R v Sheppard; R v Whittle – WLR Daily

Posted February 2nd, 2010 in inciting racial hatred, internet, jurisdiction, law reports, publishing by sally

R v Sheppard; R v Whittle [2010] EWCA Crim 65; [2010] WLR (D) 1

“Where a substantial measure of the alleged activities involved had taken place in England, the English court had jurisdiction to try charges of publishing of racially inflammatory material contrary to s 19(1) of the Public Order Act 1986 even though publication had taken place through a website hosted outside the jurisdiction.”

WLR Daily, 1st February 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.

JA (Ivory Coast) v Secretary of State for the Home Department – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

JA (Ivory Coast) v Secretary of State for the Home Department

Court of Appeal

“It was necessary to weigh in the balance how far the proportionality of removal of an individual from the jurisdiction was affected by the history of any compassionate grant and renewal for medical treatment of leave to remain.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Regina (Ethos Recycling Ltd) v Barking and Dagenham Magistrates Court

Queen’s Bench Divisional Court

“Service by a local authority of a notice to abate an alleged statutory nuisance did not comprise the institution of summary proceedings.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Megtian Ltd (in Administration) v Commissioners of Revenue and Customs – Times Law Reports

Posted February 2nd, 2010 in law reports by sally

Megtian Ltd (in Administration) v Commissioners of Revenue and Customs

Chancery Division

“A person who knew that a transaction in which he participated was connected with fraudulent tax evasion was a participant in that fraud because he 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.”

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Police unit formed to take down websites suspected of breaking terror laws – OUT-LAW.com

Posted February 2nd, 2010 in internet, news, police, terrorism by sally

“A police unit has been created to force the take-down of web pages which break the UK’s terrorism laws. The Government has set up a web page through which the public can tell the police about pages that they think are illegal.”

Full story

OUT-LAW.com, 2nd February 2010

Source: www.out-law.com

MPs attack ‘lax’ Legal Services Commission – Law Society’s Gazette

Posted February 2nd, 2010 in auditors, legal aid, legal services, news by sally

“The Public Accounts Committee has today lambasted the Legal Services Commission for its handling of legal aid funds.”

Full story

Law Society’s Gazette, 2nd February 2010

Source: www.lawgazette.co.uk

Beverley Freemen Act 2010

Posted February 2nd, 2010 in commons, legislation, local government by sally

Beverley Freemen Act 2010 published

Full text of Act

Source: www.opsi.gov.uk

Gangster used Facebook to intimidate enemies from cell – The Independent

Posted February 2nd, 2010 in harassment, internet, news, prisons by sally

“Jack Straw, the Secretary of State for Justice, has announced a crackdown on prisoners using Facebook after it emerged that a gangland kingpin has spent the past two months using the social networking site to intimidate his enemies.”

Full story

The Independent, 31st January 2010

Source: www.independent.co.uk

Cell coma man was ‘failed by police’ IPCC report finds – BBC News

Posted February 2nd, 2010 in detention, drunk and disorderly, negligence, news, police by sally

“A call has been made for a public inquiry to examine the case of a man left with a brain injury after being found in a coma in police custody.”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

Legal aid body ‘costs £125 million a year to run’, says report – The Times

Posted February 2nd, 2010 in news by sally

“The organisation that runs the £2 billion-a-year legal aid scheme comes under fire again today for lax financial controls that led to lawyers being overpaid by £25 million.”

Full story

The Times, 2nd February 2010

Source: www.timesonline.co.uk

Assisted suicide – for and against – BBC News

Posted February 2nd, 2010 in assisted suicide, news by sally

“Calls for a change in the law on assisted suicide in England and Wales have reignited the debate on whether the terminally ill should have the right to be helped to die. But who wants what?”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk