Control orders for terrorist suspects to stay, says counter-terrorism review – The Guardian

Posted October 15th, 2010 in control orders, news, terrorism by sally

“A review of counter-terrorism legislation is expected to tell ministers that control orders for suspects should remain, but the time police can hold suspects without charge should be cut to 14 days from 28, the Guardian has learned.”

Full story

The Guardian, 14th October 2010

Source: www.guardian.co.uk

Man who murdered ex-girlfriend in hospital knife attack jailed for life – The Independent

Posted October 15th, 2010 in murder, news, sentencing by sally

“A man who stabbed his ex-partner to death while on bail charged with raping her has been given life in prison.”

Full story

The Independent, 14th October 2010

Source: www.independent.co.uk

Extradition: Judge who presided at Diana inquest appointed to lead review – Daily Telegraph

Posted October 15th, 2010 in extradition, news, treaties by sally

“Lord Justice Scott Baker’s review will consider whether the treaty between the United States and the UK is ‘unbalanced’ and will also look at the powers available to the Home Secretary to intervene in cases, the Home Office said.”

Full story

Daily Telegraph, 14th October 2010

Source: www.telegraph.co.uk

Rape within marriage is ‘impossible’, claims Muslim cleric – Daily Telegraph

Posted October 15th, 2010 in domestic violence, islamic law, news, rape by sally

“A senior Muslim cleric in charge of Britain’s largest group of sharia law courts has claimed that there is no such thing as rape within marriage.”

Full story

Daily Telegraph, 15th October 2010

Source: www.telegraph.co.uk

Reporting of family court hearings still under review – Ministry of Justice

Posted October 14th, 2010 in family courts, media, news by sally

“The decision on whether to bring into force provisions to change the restrictions on media reporting of family court hearings, will be decided after the publication of the Family Justice Review’s final report next year.”

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Ministry of Justice, 11th October 2010

Source: www.justice.gov.uk

OFT to merge with Competition Commission – OUT-LAW.com

Posted October 14th, 2010 in competition, news, quangos by sally

“The Office of Fair Trading (OFT) is to be merged with the Competition Commission (CC) in a Government bid to ‘increase the clarity’ of competition law enforcement.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Ministry of Justice announces reform of public bodies – Ministry of Justice

Posted October 14th, 2010 in Ministry of Justice, news, quangos by sally

“The Ministry of Justice has today announced that a number of its public bodies will be substantially reformed as part of the government’s commitment to radically increasing their transparency, accountability and efficiency.”

Full story

Ministry of Justice, 14th October 2010

Source: www.justice.gov.uk

CPS ‘not altering’ decision over Ian Tomlinson death – BBC News

Posted October 14th, 2010 in assault, demonstrations, news, police, prosecutions by sally

“The decision not to prosecute Pc Simon Harwood over the death of Ian Tomlinson will not alter, the Crown Prosecution Service has said.”

Full story

BBC News, 14th October 2010

Source: www.bbc.co.uk

Road rage killer Kenneth Noye granted fresh appeal bid – The Independent

Posted October 14th, 2010 in appeals, murder, news by sally

“Road rage killer Kenneth Noye was today granted a fresh chance to appeal against his conviction for murder.”

Full story

The Independent, 14th October 2010

Source: www.independent.co.uk

Contempt laws to stay despite online onslaught – The Guardian

Posted October 14th, 2010 in contempt of court, internet, news by sally

“The attorney general has dismissed calls to scrap laws that prevent publication of prejudicial information about unconvicted defendants.”

Full story

The Guardian, 14th October 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 14th, 2010 in law reports by sally

Supreme Court

Gisda Cyf v Barratt [2010] UKSC 41 (13 October 2010)

Court of Appeal (Criminal Division)

Shah v R [2010] EWCA Crim 2326 (13 October 2010)

Dorset County Council v House (Rev 1) [2010] EWCA Crim 2270 (13 October 2010)

O & H, R v [2010] EWCA Crim 2233 (13 October 2010)

King v Secretary of State for Justice [2010] EWCA Crim 2522 (13 October 2010)

Court of Appeal (Civil Division)

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113 (13 October 2010)

Herbert v Doyle & Anor [2010] EWCA Civ 1095 (13 October 2010)

Competition Commission v BAA Ltd & Anor [2010] EWCA Civ 1097 (13 October 2010)

Soufflet Negoce SA v Bunge SA [2010] EWCA Civ 1102 (13 October 2010)

McDonald, R (on the application of) v Royal Borough of Kensington and Chelsea [2010] EWCA Civ 1109 (13 October 2010)

Metropolitan Police Authority v Laws [2010] EWCA Civ 1099 (13 October 2010)

British Gurkha Welfare Society & Ors, R (on the application of) v Ministry of Defence [2010] EWCA Civ 1098 (13 October 2010)

Prudential Plc & Anor, R (on the application of) v Special Commissioner of Income Tax & Ors [2010] EWCA Civ 1094 (13 October 2010)

High Court (Queen’s Bench Division)

Bold v Urbisity Ltd [2010] EWHC 2530 (QB) (13 October 2010)

High Court (Administrative Court)

King v Secretary of State for Justice [2010] EWHC 2522 (Admin) (13 October 2010)

Iceland Foods Ltd, R (on the application of) v Newport City Council [2010] EWHC 2502 (Admin) (12 October 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted October 14th, 2010 in legislation by sally

The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2010

The Financial Services Act 2010 (Commencement No. 1 and Transitional Provision) Order 2010

The Community Legal Service (Funding) (Amendment No. 2) Order 2010 (Revocation) Order 2010

The Olympics, Paralympics and London Olympics Association Rights (Infringement Proceedings) Regulations 2010

Source: www.legislation.gov.uk

Letter of dismissal took effect on reading, not sending, says Supreme Court – OUT-LAW.com

Posted October 14th, 2010 in contract of employment, news, time limits, unfair dismissal by sally

“The firing of an employee only took effect when she read the letter informing her of her dismissal, which was nearly a week after a disciplinary hearing and four days after the letter arrived at her home, the Supreme Court has ruled.”

Full story

OUT-LAW.com, 14th October 2010

Source: www.out-law.com

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) – WLR Daily

Posted October 14th, 2010 in disclosure, financial advice, law reports, legal profession, privilege by sally

Regina (Prudential plc and another) v Special Commissioner of Income Tax and another (Institute of Chartered Accountants in England and Wales and others intervening) [2010] EWCACiv 1094; [2010] WLR (D) 251

“Legal advice privilege applied only to advice given by a member of the legal profession.”

WLR Daily, 13th October 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.

Broomleigh Housing Association Ltd v Okonkwo – WLR Daily

Posted October 14th, 2010 in civil procedure rules, committals, law reports by sally

Broomleigh Housing Association Ltd v Okonkwo [2010] EWCA Civ 1113; [2010] WLR (D) 251

“If, following an application by a creditor for an order to gain information from a judgment debtor, the debtor failed to attend court the judge should not use a committal order, even when suspended, as little more than a vehicle for fixing a date for an effective adjourned hearing. A judge had a discretion whether to make such an order and should exercise it, and be seen to exercise it, with due regard to its seriousness.”

WLR Daily, 13th October 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.

Gisda Cyf v Barratt – WLR Daily

Gisda Cyf v Barratt [2010] UKSC 41; [2010] WLR (D) 250

“Where dismissal without notice was communicated to an employee in a letter, the contract of employment did not terminate until the employee had actually read the letter or had had a reasonable opportunity of reading it.”

WLR Daily, 13th October 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.

In re Stakefield (Midlands) Ltd and others – WLR Daily

In re Stakefield (Midlands) Ltd and others [2010] WLR (D) 249

“A defendant to disqualification proceedings brought by the Secretary of State for Business, Enterprise and Regulatory Reform would not be entitled to have the proceedings struck out on the basis that the Secretary of State had committed a breach of duty by failing to obtain evidence or otherwise to investigate. Where, however imperfect the investigations might have been, the Secretary of State had in fact assembled evidence of a defendant’s unfitness to be concerned in the management of a company, it was for the court to determine at trial whether the Secretary of State had made out his case.”

WLR Daily, 13th October 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.

Pieretti v Enfield London Borough Council – WLR Daily

Pieretti v Enfield London Borough Council [2010] EWCA Civ 1104; [2010] WLR (D) 248

“S 49A(1)(d) of the Disability Discrimination Act 1995 required a local authority, in carrying out its functions under Pt VII of the Housing Act 1996, to take due steps to take account of a disabled persons’ disabilities.”

WLR Daily, 13th October 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.

Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport – WLR Daily

Posted October 14th, 2010 in airlines, carriage by air, Cyprus, law reports, treaties by sally

Regina (Kibris Turk Hava Yollari and another) v Secretary of State for Transport [2010] EWCA Civ 1093; [2010] WLR (D) 247

“The Secretary of State for Transport was entitled to refuse to grant operating permits to a Turkish airline and travel agent to allow them to operate scheduled and chartered flights between the United Kingdom and northern Cyprus.”

WLR Daily, 13th October 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.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Posted October 14th, 2010 in arbitration, contracts, jurisdiction, law reports, setting aside by sally

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 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.