Man ‘breached Asbo by dressing as a schoolgirl’ – Daily Telegraph
“A man is to stand trial charged with breaching an Asbo which bans him from dressing up as a schoolgirl.”
Daily Telegraph, 8th February 2010
Source: www.telegraph.co.uk
Month: February 2010
Wealthy landowner jailed for life for murdering estranged wife – The Guardian
“A judge today criticised a wealthy landowner for not revealing where he had hidden the body of his estranged wife after he murdered her.”
The Guardian, 8th February 2010
Source: www.guardian.co.uk
Pitt and Jolie to sue News of the World over ‘split’ story – The Guardian
“Claim of separation ‘false as well as intrusive’, say lawyers, as Pitt and Jolie begin action in London high court.”
The Guardian, 9th February 2010
Source: www.guardian.co.uk
The Big Question: What is parliamentary privilege, and is it being abused? – The Independent
“Why are we asking this now?
Three Labour MPs, Elliot Morley, David Chaytor, Jim Devine and a Tory peer, Lord Hanningfield, have been charged with false accounting over their expenses claims. They deny the offences and are trying to avoid a criminal trial by invoking the 1689 Bill of Rights which gives force to parliamentary privilege. This is the privilege which stops MPs and peers from being sued for defamation.”
The Independent, 9th February 2010
Source: www.independent.co.uk
Dannii Minogue privacy complaint upheld – BBC News
“The press watchdog has upheld two complaints from X Factor judge Dannii Minogue against the Daily Mirror and Daily Record over invasion of privacy.”
BBC News, 9th February 2010
Source: www.bbc.co.uk
Ali Dizaei sentenced to four years in jail – The Guardian
“The most senior British police officer ever convicted of corruption offences was starting a four-year prison sentence yesterday after a jury found he had tried to frame an innocent man and told a series of lies in an attempt to cover up his abuse of office.”
The Guardian, 9th February 2010
Source: www.guardian.co.uk
Sikh ‘ceremonial daggers’ should be allowed in schools, says judge – Daily Telegraph
“Sikh pupils should be allowed to carry ceremonial daggers, Britain’s first Asian judge has said, following a case in which a 14-year-old was excluded for insisting on bringing his Kirpan blade to school.”
Daily Telegraph, 8th February 2010
Source: www.telegraph.co.uk
Bar Council to launch legal action against MoJ – Law Society’s Gazette
“The Bar Council and the Criminal Bar Association are set to take the government to court for the first time in 20 years over what they claim are ‘inadequate and unfair’ consultations on new fees for criminal legal aid work.”
Law Society’s Gazette, 8th February 2010
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Shah & Anor v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31 (04 February 2010)
Moore v British Waterways Board [2010] EWCA Civ 42 (05 February 2010)
Norman Booth v Booth & Ors [2010] EWCA Civ 27 (05 February 2010)
Court of Appeal (Criminal Division)
Perkes & Anor v R [2010] EWCA Crim 101 (05 February 2010)
RCPO v C [2010] EWCA Crim 97 (05 February 2010)
London Borough of Croydon v Shanahan [2010] EWCA Crim 98 (05 February 2010)
High Court (Administrative Court)
High Court (Commercial Court)
Glencore Energy UK Ltd v Transworld Oil Ltd [2010] EWHC 141 (Comm) (03 February 2010)
SOS Corporación Alimentaria, S.A. & Anor v Inerco Trade SA [2010] EWHC 162 (Comm) (08 February 2010)
High Court (Patents Court)
Research In Motion UK Ltd v Motorola Inc [2010] EWHC 118 (Pat) (03 February 2010)
High Court (Queen’s Bench Division)
Ali v Associated Newspapers Ltd [2010] EWHC 100 (QB) (27 January 2010)
Terry v Persons Unknown (Rev 1) [2010] EWHC 119 (QB) (29 January 2010)
Debt Collect London Ltd & Anor v SK Slavia Praha- Fotbal A S [2010] EWHC 57 (QB) (02 February 2010)
Webster & Ors v Ridgeway Foundation School [2010] EWHC 157 (QB) (05 February 2010)
Jones v North West Strategic Health Authority [2010] EWHC 178 (QB) (05 February 2010)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Private Water Supplies (Wales) Regulations 2010
The M4 Motorway (Junction 24, Coldra Interchange, Newport) (40 MPH Speed Limit) Regulations 2010
The Ealing Hospital National Health Service Trust (Establishment) Amendment Order 2010
The Personal Injuries (NHS Charges) (Amounts) Amendment Regulations 2010
The Offender Management Act 2007 (Commencement No. 5) Order 2010
The Offender Management Act 2007 (Establishment of Probation Trusts) Order 2010
The Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010
The State Pension Credit (Disclosure of Information) (Electricity Suppliers) Regulations 2010
Source: www.opsi.gov.uk
Professional discipline – challenges for the future – speech by Lord Neuberger
“Professional discipline – challenges for the future – speech at the Disciplinary Conference 2010, 5th February 2010.”
Judiciary of England and Wales, 5th February 2010
Source: www.judiciary.gov.uk
Review of control orders report published – Home Office
“Lord Carlile, the independent reviewer of terrorism legislation, has published his fifth annual report on the operation of the Prevention of Terrorism Act 2005.”
Home office, 1st February 2010
Source: www.homeoffice.gov.uk
Statement from Keir Starmer QC, Director of Public Prosecutions, on parliamentary expenses charging decisions – Crown Prosecution Service
“Following widespread concerns about the expenses claimed by some MPs and some members of the House of Lords, a number of complaints were made to the Metropolitan Police alleging criminal conduct. In light of these complaints on 15 May 2009, the Commissioner of the Metropolitan Police, Sir Paul Stephenson, and I agreed to set up a panel of senior police officers and senior prosecuting lawyers to assess the complaints and consider whether there should be a criminal investigation into any of them.”
Crown Prosecution Service, 5th February 2010
Source: www.cps.gov.uk
NML Capital Ltd v Republic of Argentina – WLR Daily
NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28
“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”
WLR Daily, 5th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Shah and another v HSBC Private Bank (UK) Ltd – WLR Daily
Shah and another v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31; [2010] WLR (D) 27
“Where a bank claimed, for the purposes of the Proceeds of Crime Act 2002, to entertain ‘suspicion’ about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, a customer might be entitled to proceed with a claim in breach of contract or duty.”
WLR Daily, 5th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily
“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’ in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”
WLR Daily, 5th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Attorney General’s Reference (No 79 of 2009) – WLR Daily
Attorney General’s Reference (No 79 of 2009) [2010] WLR (D) 25
“In considering whether a sentence was unduly lenient the question for the Court of Appeal was whether the sentencing judge had, on the material presented to the Crown Court, erred in principle.”
WLR Daily, 5th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Degainis) v Secretary of State for Justice – WLR Daily
R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24
“When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”
WLR Daily, 4th February 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
National Navigation Co v Endesa Generacion SA – Times Law Reports
National Navigation Co v Endesa Generacion SA
Court of Appeal
“A judgment by a member state of the European Union, which ruled that an arbitration clause had not been incorporated into a contract and that proceedings should not be declined for that reason, although not on the merits of the case, was one that had to be enforced so that the English court was prevented from deciding the point differently.”
The Times, 8th February 2010
Source: www.timesonline.co.uk
