ASA watchdog bans ‘offensive’ anti-terror hotline radio advert – The Guardian

Posted August 11th, 2010 in advertising, news, police, terrorism by sally

“Britain’s eccentrics, recluses and misanthropes, you can relax. Ignoring neighbours and keeping your curtains permanently shut to the world outside might not win you many friends, but you’re no longer likely to be denounced as a possible terrorist.”

Full story

The Guardian, 11th August 2010

Source: www.guardian.co.uk

Hitman guilty of Surrey housewife murder – BBC News

Posted August 11th, 2010 in murder, news, sentencing by sally

“A hitman who flew to the UK from Thailand to kill a housewife in Surrey has been found guilty of murder.”

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BBC News, 10th August 2010

Source: www.bbc.co.uk

Stirland case coroner calls for witness reforms – BBC News

Posted August 10th, 2010 in coroners, gangs, murder, news, police, witnesses by sally

“Police should review witness protection protocols, a coroner has said in her report into the gangland killings of a Lincolnshire couple.”

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BBC News, 10th August 2010

Source: www.bbc.co.uk

Letting over-70s serve on juries ‘would disrupt criminal trials’ – Daily Telegraph

Posted August 10th, 2010 in age discrimination, juries, news by sally

“The Council of Circuit Judges, which represents more than 600 judges in England and Wales, said it had come to the ‘firm conclusion that there is no compelling case to alter the status quo’.”

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Daily Telegraph, 10th August 2010

Source: www.telegraph.co.uk

Sion Jenkins compensation bid rejected – The Independent

Posted August 10th, 2010 in compensation, miscarriage of justice, murder, news by sally

“Former teacher Sion Jenkins was refused compensation for the six years he spent in prison before being acquitted of his foster daughter’s murder, it was reported today.”

Full story

The Independent, 10th August 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted August 10th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Gojra & Anor, R v [2010] EWCA Crim 1939 (06 August 2010)

Court of Appeal (Civil Division)

Lockheed Martin Corp v Willis Group Ltd [2010] EWCA Civ 927 (30 July 2010)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted August 10th, 2010 in legislation by sally

The Equality Act 2010 (Commencement No. 2) Order 2010

The Assembly Learning Grants (European University Institute) (Wales) (Amendment) Regulations 2010

The Consumer Credit (Advertisements) Regulations 2010

The Consumer Credit (Amendment) Regulations 2010

The Policing and Crime Act 2009 (Commencement No. 6 and Commencement No. 5 (Amendment)) Order 2010

Source: www.opsi.gov.uk

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd – WLR Daily

Posted August 10th, 2010 in charterparties, damages, expenses, law reports, shipping law, tribunals by sally

Omak Maritime Ltd v Mamola Challenger Shipping Co Ltd [2010] EWHC 2026 (Comm); [2010] WLR (D) 230

“An arbitral tribunal in assessing damages for breach of contract had been wrong to treat a claim for wasted expenses and a claim for loss of profits as two separate and independent claims which could not be ‘mixed’. Both claims were governed by the principle which required the court to make a comparison between the claimant’s current position and what it would have been had the contract been performed. Where steps had been taken to mitigate the loss which would otherwise have been caused by a breach of contract that principle required the benefits obtained by mitigation to be set against the loss which would otherwise have been sustained.”

WLR Daily, 6th August 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 (PM) v Hertfordshire County Council – WLR Daily

Posted August 10th, 2010 in asylum, children, law reports, local government, tribunals by sally

R (PM) v Hertfordshire County Council [2010] EWHC 2056 (Admin); [2010] WLR (D) 229

“A local authority charged with obligations to children under ss 17 and 20 of the Children Act 1989 was not bound by a simple finding of fact by the First Tier Tribunal (Immigration and Asylum Chamber) as to the age of an applicant for support. Such a finding was not a judgment in rem nor otherwise binding in law on the local authority, or on other strangers to the asylum and immigration appeal.”

WLR Daily, 6th August 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 Geary – WLR Daily

Posted August 10th, 2010 in appeals, divorce, law reports, proceeds of crime by sally

R v Geary [2010] WLR (D) 228

“The offence under s 328(1) of the Proceeds of Crime Act 2002 of entering into or becoming concerned in an arrangement which a person knew or suspected facilitated the acquisition, retention, use or control of criminal property by or on behalf of another person, applied to property which was criminal at the time when the arrangement attached to it, and did not extend to property which was originally legitimate but became criminal only as a result of carrying out the arrangement.”

WLR Daily, 6th August 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.

Judge to rule on Daniel Ubani’s attempts to silence sons of dead patient – The Guardian

Posted August 10th, 2010 in disciplinary procedures, doctors, injunctions, news by sally

“A judge will rule later this month on attempts by a German doctor who accidentally killed a patient on his first UK shift as a locum GP to restrict a campaign by the dead man’s sons to stop him working as a doctor in his home country.”

Full story

The Guardian, 9th August 2010

Source: www.guardian.co.uk

Family judges alarmed over legal aid tender – Law Society’s Gazette

Posted August 10th, 2010 in family courts, judiciary, legal aid, legal services, news, tenders by sally

“The head of the family courts has warned the Legal Services Commission that he has been ‘inundated’ by family judges expressing serious concerns over the outcome of the family legal aid tender, in a letter seen by the Gazette.”

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Law Society’s Gazette, 9th August 2010

Source: www.lawgazette.co.uk

Is the European court of justice a legal or political institution now? – The Guardian

Posted August 10th, 2010 in constitutional law, courts, EC law, news by sally

“The most curious feature of the European court of justice (ECJ) , the court of the European Union, is not that it is a political court, but rather that it has until very recently been so successful in pursuing its political programme of the integration of Europe through law without attracting much public or even expert notice.”

Full story

The Guardian, 10th August 2010

Source: www.guardian.co.uk

Human rights: from Europe to the UK – The Guardian

Posted August 10th, 2010 in DNA, EC law, human rights, news, reports by sally

“A new government report on the implementation of European Court of Human Rights judgments has highlighted the vexed issue of the rightful place of such rulings in domestic law. Many decisions, such as on prisoner voting rights, have languished for years unimplemented and it remains to be seen whether the coalition government will do any more to fulfil its legal obligations to the thousands affected.”

Full story

The Guardian, 9th August 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted August 9th, 2010 in law reports by sally

High Court (Chancery Division)

HMRC v Portsmouth City Football Club Ltd & Ors [2010] EWHC 2013 (Ch) (05 August 2010)

High Court (Administrative Court)

Chauhan v General Medical Council [2009] EWHC 2093 (Admin) (06 August 2010)

Source: www.bailii.org

Bar Council Kicks Off Week of Events to Promote Entry to the Bar – Bar Council

Posted August 9th, 2010 in barristers, legal education, news by sally

“The Bar Council, which represents barristers in England and Wales, is launching a week-long programme of events aimed at promoting and enhancing better access to the profession. This will include a day-long conference in Birmingham, for sixth-formers interested in a career at the Bar and the fourth annual Bar Placement Scheme, in conjunction with the Social Mobility Foundation.”

Full story

Bar Council, 8th August 2010

Source: www.barcouncil.org.uk

Lockheed Martin Corpn v Willis Group Ltd – WLR Daily

Posted August 9th, 2010 in appeals, civil procedure rules, law reports, limitations, mistake, substitution by sally

Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225

“Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.”

WLR Daily, 5th August 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.

Health & Safety Executive v Wolverhampton City Council and another – WLR Daily

Posted August 9th, 2010 in appeals, compensation, health & safety, law reports, local government, planning by sally

Health & Safety Executive v Wolverhampton City Council and another [2010] EWCA Civ 892; [2010] WLR (D) 224

“A material consideration for a local planning authority when deciding whether to revoke or modify the grant of planning permission under s 97 of the Town and Country Planning Act 1990 was the authority’s liability to pay compensation under s 107 of the Act.”

WLR Daily, 4th August 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.

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others – WLR Daily

Posted August 9th, 2010 in debts, insolvency, law reports, winding up by sally

BNY Corporate Trustee Services Ltd v Eurosail-UK 2007-3BL plc and others [2010] EWHC 2005 (Ch); [2010] WLR (D) 223

“The requirement in s 123(2) of the Insolvency Act 1986 to ‘[take] into account [the company’s] contingent and prospective liabilities’ when determining whether the value of the company’s assets was less than the amount of its liabilities could not require such liabilities to be aggregated at their face value with debts presently due, nor require the conversion of prospective liabilities denominated in some currency other than sterling into sterling at the present spot rate.”

WLR Daily, 3rd August 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.

UK Border Agency investigation finds cause for ‘significant concern’ – The Guardian

Posted August 9th, 2010 in asylum, immigration, news, reports, whistleblowers by sally

“An investigation into claims by a whistleblower that asylum seekers are mistreated, tricked and humiliated by staff working for the UK Border Agency has found cause for ‘significant concern’ and makes several recommendations for change.”

Full story

The Guardian, 8th August 2010

Source: www.guardian.co.uk