Home Office wrongly allowed import of medicinal cannabis – The Guardian

Posted October 29th, 2010 in customs and excise, drug offences, news by sally

“Email incorrectly said EU law allowed certain people to bring small quantities of cannabis into UK for personal use.”

Full story

The Guardian, 29th October 2010

Source: www.guardian.co.uk

Thames Water pays £60k compensation after email blunder – Daily Telegraph

Posted October 29th, 2010 in compensation, consumer protection, news, utilities, water companies by sally

“Thames Water has agreed to pay £60,000 in compensation to customers after it admitted ignoring thousands of complaints following an email blunder.”

Full story

Daily Telegraph, 29th October 2010

Source: www.telegraph.co.uk

6,000 childminders and nurseries failing to keep children safe – Ofsted – Daily Telegraph

Posted October 29th, 2010 in children, news by sally

“The watchdog said that 15 per cent of childcare providers inspected between September 2008 and September 2010 – 5,978 in total – fell short of basic legal standards for child protection and welfare and were ordered to make urgent improvements.”

Full story

Daily Telegraph, 28th October 2010

Source: www.telegraph.co.uk

MI6 chief Sawers: we have nothing to do with torture and rights abuses – The Guardian

Posted October 29th, 2010 in disclosure, intelligence services, news, torture by sally

“MI6 chief Sir John Sawers says that MI6 avoids actions leading to torture – but wants courts banned from disclosing info from service or CIA.”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

CCTV captures police punching stabbed man in the head – The Guardian

Posted October 29th, 2010 in assault, complaints, news, police by sally

“Police are investigating an incident captured on CCTV which appears to show officers repeatedly punching a restrained man who had been stabbed in the head.”

Full story

The Guardian, 29th October 2010

Source: www.guardian.co.uk

Baby P doctor to launch legal battle – The Independent

Posted October 29th, 2010 in child abuse, disciplinary procedures, doctors, news by sally

“A doctor accused of failing to spot that Baby P had a broken back days before his death will launch a High Court battle today to avoid a public disciplinary hearing on health grounds.”

Full story

The Independent, 29th October 2010

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted October 28th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Harding, R. v [2010] EWCA Crim 2145 (03 September 2010)

Gripton, R. v [2010] EWCA Crim 2260 (21 September 2010)

Zulhayir, R. v [2010] EWCA Crim 2272 (28 September 2010)

Court of Appeal (Civil Division)

Savva, R (on the application of) v Royal Borough of Kensington and Chelsea [2010] EWCA Civ 1209 (28 October 2010)

Patel & Anor v K&J Restaurants Ltd & Anor [2010] EWCA Civ 1211 (28 October 2010)

High Court (Family Division)

A and B (One parent killed by the other – Guidance), Re [2010] EWHC B25 (Fam) (07 September 2010)

High Court (Administrative Court)

Parasiliti- Mollica v Prosecutor General (Court of Appeal of Reggio Calabria, Italy) [2010] EWHC 2722 (Admin) (28 October 2010)

Ficuta v Trial Court of Piatra Neamt (A Romanian Judicial Authority) [2010] EWHC 2644 (Admin) (22 October 2010)

Source: www.bailii.org

Terrorism Act: No terror arrests made after 100,000 stop-and-searches – Daily Telegraph

Posted October 28th, 2010 in news, stop and search, terrorism by sally

“Out of more than 100,000 people stopped and searched by police using controversial anti-terror powers not one single arrest was made for terrorism-related offences, new figures show.”

Full story

Daily Telegraph, 28th October 2010

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted October 28th, 2010 in law reports by sally

Supreme Court

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2010] UKSC 44 (27 October 2010)

Court of Appeal (Civil Division)

Jacobs v Motor Insurers Bureau [2010] EWCA Civ 1208 (27 October 2010)

Robson v Robson [2010] EWCA Civ 1171 (27 October 2010)

Softlanding Systems, Inc v KDP Software Ltd & Anor [2010] EWCA Civ 1172 (27 October 2010)

Cartwright v King’s College, London [2010] EWCA Civ 1146 (27 October 2010)

Brink’s Global Services Inc & Ors v Igrox Ltd & Anor [2010] EWCA Civ 1207 (27 October 2010)

High Court (Administrative Court)

Bewry, R (on the application of) v Norfolk County Council [2010] EWHC 2545 (Admin) (06 October 2010)

High Court (Family Division)

Martin v Martin [2010] EWHC 2667 (Fam) (22 October 2010)

High Court (Commercial Court)

Marex Financial Ltd v Fluxo-Cane Overseas Ltd & Anor [2010] EWHC 2690 (Comm) (27 October 2010)

Source: www.bailii.org

Kenneth Clarke and Lord Judge: a plain-speaking verdict on life after cuts – The Guardian

Posted October 28th, 2010 in budgets, case management, dispute resolution, judiciary, news, time limits by sally

“Lord chancellor and lord chief justice share a talent for bluntness, but who is the most realistic about how the deficit will affect the legal system?”

Full story

The Guardian, 28th October 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted October 28th, 2010 in legislation by sally

The Social Fund Cold Weather Payments (General) Amendment (No. 2) Regulations 2010

The Aggregates Levy (Northern Ireland Tax Credit) (Revocation) Regulations 2010

The Offshore Installations (Safety Zones) (No.3) Order 2010

The Structural Funds (National Assembly for Wales) (Amendment) Regulations 2010

The Revenue Support Grant (Specified Body) (England) Regulations 2010

The Care Leavers (England) Regulations 2010

The Child Trust Funds (Amendment No. 4) Regulations 2010

The Legislative Reform (Civil Partnership) Order 2010

The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010

The Child Trust Funds (Amendment No. 4) Regulations 2010

The Civil Procedure (Amendment No.3) Rules 2010

The Controlled Drugs (Drug Precursors) (Intra‑Community Trade and Community External Trade) Regulations 2010

The Misuse of Drugs (Licence Fees) Regulations 2010

The Building Society Special Administration (England and Wales) Rules 2010

Source: www.legislation.gov.uk

Appeal court verdict could open the door for vicarious liability claimants – The Guardian

Posted October 28th, 2010 in child abuse, news, vicarious liability by sally

“This week, the question of who is potentially liable for the alleged physical and sexual abuse of 150 pupils at St William’s boys’ school in east Yorkshire between 1960 and 1992 was considered by the court of appeal. In 2004 the main abuser, Brother James Carragher, headmaster during this period, was convicted of abusing boys at the home.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Lawyer fees could come out of client’s damages – Daily Telegraph

Posted October 28th, 2010 in damages, fees, legal profession, news by sally

“Lawyers fighting civil actions may be handed a cut of their client’s damages for the first time in a bid to cut frivolous claims, the Justice Secretary has signalled.”

Full story

Daily Telegraph, 27th October 2010

Source: www.telegraph.co.uk

Unfitness to Plead – Law Commission

Posted October 28th, 2010 in fitness to plead, news by sally

“We published our consultation paper on 27 October 2010, which contains our provisional proposals for comprehensive reform of the law on unfitness to plead in England and Wales. A press release is also available.”

Full story

Law Commission, 27th October 2010

Source: www.lawcom.gov.uk

MAPPA: open and transparent for greater public protection – Ministry of Justice

Posted October 28th, 2010 in criminal records, dangerous offenders, internet, news by sally

“For the first time, numbers relating to the MAPPA status and management levels of all MAPPA offenders living in England and Wales can now be viewed online.”

Full story

Ministry of Justice, 27th October 2010

Source: www.justice.gov.uk

Human rights challenge to Met over Jean Charles de Menezes death – Daily Telegraph

Posted October 28th, 2010 in firearms, human rights, news, police, prosecutions by sally

“The family of Jean Charles de Menezes has launched a new fight for justice at the European Court of Human Rights over the failure to prosecute seven police officers over the Brazilian’s shooting.”

Full story

Daily Telegraph, 28th October 2010

Source: www.telegraph.co.uk

196 offenders charged with serious crimes after prison release – The Guardian

Posted October 28th, 2010 in news, probation by sally

“A total of 196 convicted violent or sex offenders have been charged with a further offence of murder, rape or other serious crime while under the supervision of the probation service, according to Ministry of Justice figures published today.”

Full story

The Guardian, 27th October 2010

Source: www.guardian.co.uk

Lawcast 169: Prisoner votes – An analysis of Hirst and Frodl with Carl Gardner – Charon QC

Posted October 28th, 2010 in elections, podcasts, prisons by sally

“Today (27 October) I am talking to ex-government lawyer Carl Gardner about the ‘Votes for Prisoners’ issue and two key cases on the matter United Kingdom v Hirst and the Frodl decision.”

Podcast

Charon QC, 27th October 2010

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Aktas v Adepta; Dixie v British Polythene Industries plc – WLR Daily

Posted October 27th, 2010 in civil procedure rules, law reports, limitations, negligence, service by sally

Aktas v Adepta; Dixie v British Polythene Industries plc [2010] EWCA Civ 1170 ; [2010] WLR(D) 269

“Negligent failure to serve a claim form in time for the purposes of CPR rr 7.5/7.6 was not in itself an abuse of process. Nevertheless, failure to serve on time had always been dealt with strictly. This was because in England, unlike most civil law jurisdictions, proceedings were commenced when issued and not when served. But it was not until service that the defendant was given proper notice of the proceedings. The additional time between issue and service was thus, in a way, an extension of the limitation period. A claimant could issue proceedings on the last day of the limitation period and still enjoy a further four-month period before service. The strictness with which the time for service was supervised thus had valid public interest underpinnings which were quite separate from the doctrine of abuse of process.”

WLR Daily, 26th 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.

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) – WLR Daily

Cadder v HM Advocate (HM Advocate General for Scotland and JUSTICE intervening) [2010] UKSC 43 SC; [2010] WLR(D) 268

“An accused’s rights would, in principle, be irretrievably prejudiced if incriminating statements made during police interrogation without access to a lawyer were admitted in evidence at trial. Accordingly, s 14 of the Criminal Procedure (Scotland) Act 1995 should be read and given effect so as to preclude the admission of such evidence, unless in the particular circumstances of the case there had been compelling reasons for restricting access to a lawyer.”

WLR Daily, 26th 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.