Sex acts prison officer jailed for two years – BBC News

Posted December 10th, 2010 in news, perverting the course of justice, prison officers, sentencing by sally

“A prison officer has been jailed for two years after admitting having a sexual relationship with an inmate.”

Full story

BBC News, 10thDecember 2010

Source: www.bbc.co.uk

Man jailed for killing jockeys in Malton flat fire – BBC News

Posted December 10th, 2010 in arson, homicide, news, sentencing by sally

“A man has been jailed for a minimum of seven-and-a-half years for killing two promising young jockeys in an arson attack in North Yorkshire.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Appeal hearing over baby injury case in Suffolk – BBC News

Posted December 10th, 2010 in appeals, child abuse, grievous bodily harm, news by sally

“A 34-year-old woman from Suffolk found guilty of injuring a baby in her care has won the first stage of an Appeal Court bid to clear her name.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted December 10th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Secretary of State for the Home Department v DD (Afghanistan) [2010] EWCA Civ 1407 (10 December 2010)

Dewan & Ors v Lewis [2010] EWCA Civ 1382 (09 December 2010)

Shah v Shah [2010] EWCA Civ 1408 (09 December 2010)

Compania Sud Americana De Vapores SA v Sinochem Tianjin Ltd (Aconcagua) [2010] EWCA Civ 1403 (09 December 2010)

Football Dataco Ltd & Ors v Yahoo! UK Ltd & Ors [2010] EWCA Civ 1380 (09 December 2010)

MGN Ltd & Ors v Grisbrook [2010] EWCA Civ 1399 (09 December 2010)

Ministry of Defence v AB & Ors [2010] EWCA Civ 1405 (09 December 2010)

Court of Appeal (Criminal Division)

Khan, R. v [2010] EWCA Crim 2880 (09 December 2010)

Jumah, R v [2010] EWCA Crim 2900 (09 December 2010)

High Court (Administrative Court)

Adetola, R (on the application of) v First-Tier Tribunal (Immigration and Asylum Chamber) & Anor [2010] EWHC 3197 (Admin) (09 December 2010)

High Court (Chancery Division)

Bloom & Ors v The Pensions Regulator (Nortel, Re) [2010] EWHC 3010 (Ch) (10 December 2010)

High Court (Commercial Court)

Fiona Trust & Holding Corporation Ors v Privalov Ors [2010] EWHC 3199 (Comm) (10 December 2010)

High Court Family Division)

L (A Minor), Re [2010] EWHC 3146 (Fam) (08 December 2010)

High Court (Queen’s Bench Division)

Lait v Evening Standard Ltd [2010] EWHC 3239 (QB) (09 December 2010)

High Court (Technology and Construction Court)

Gunn & Anor v Taygroup Ltd [2010] EWHC 3201 (TCC) (09 December 2010)

Source: www.bailii.org

Supreme Court modifies libel law described by minister as ‘not fit for purpose’ – OUT-LAW.

Posted December 10th, 2010 in defamation, news by sally

“The defence of ‘fair comment’ in libel actions will become a slightly-amended defence of ‘honest comment’, the Supreme Court has ruled, as Government minister Lord McNally said that current libel law is ‘not fit for purpose.’ ”

Full story

OUT-LAW.com, 7th December 2010

Source: www.out-law.com

Time to break the cycle of crime and reoffending – Ministry of Justice

Posted December 10th, 2010 in criminal justice, news, persistent offenders, rehabilitation, sentencing by sally

“A radical reform of the criminal justice system to punish criminals more effectively and reduce reoffending was announced today by Justice Secretary Kenneth Clarke.”

Full press release

Ministry of Justice, 7th December 2010

Source: www.justice.gov.uk

Government sets out proposals for major reform of the student visa system – UK Border Agency

Posted December 10th, 2010 in education, immigration, press releases, visas by sally

“Tougher entrance criteria, limits on work and an end to students staying in the UK to look for a job are just some of the changes proposed by Immigration Minister Damian Green today as part of a shake-up of the student visa system.”

Full press release

UK Border Agency,7th December 2010

Source: www.ukba.homeoffice.gov.uk

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 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.

Barclays Bank plc v Guy – WLR Daily

Posted December 10th, 2010 in appeals, civil procedure rules, jurisdiction, law reports by sally

Barclays Bank plc v Guy [2010] EWCA Civ 1396; [2010] WLR (D) 321

“Where an application was made to reopen a refusal of permission to appeal by the Court of Appeal, the criteria to be applied should be the same as where application was made, pursuant to CPR r 52.17(1), to reopen a final judgment reached after a full trial.”

WLR Daily, 9th December 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 (Tilianu) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, domicile, EC law, law reports, self-employment by sally

R (Tilianu) v Secretary of State for Work and Pensions [2010] EWCA Civ 1397; [2010] WLR (D) 320

” ‘Employment’ within the meaning of art 7(3)(b) and (c) of Directive 2004/38/EC did not include self-employment, with the result that an EU citizen who was no longer self-employed did not retain the status of worker and had no right to reside.”

WLR Daily, 9th December 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.

Coventry striker Marlon King loses sex assault appeal – BBC News

Posted December 10th, 2010 in appeals, assault, news, sexual offences by sally

“A footballer jailed for sexually assaulting a woman and punching her in the face, breaking her nose, has lost his appeal against the conviction.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Man jailed on appeal over pregnant ex-girlfriend attack – BBC News

Posted December 10th, 2010 in appeals, domestic violence, grievous bodily harm, news, sentencing by sally

“A man given a suspended sentence for repeatedly kicking his pregnant ex-girlfriend in the head has been jailed for four years after an appeal.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Judgment reserved in murder appeal as forensic evidence divides experts – The Guardian

Posted December 10th, 2010 in appeals, evidence, forensic science, murder, news by sally

“Scientists split over fibres that prosecution says links jailed office worker to home of widow killed during break-in.”

Full story

The Guardian, 9th December 2010

Source: www.guardian.co.uk

Roman Abramovich sues Daily Mirror – The Guardian

Posted December 10th, 2010 in defamation, news by sally

“Chelsea FC owner takes legal action over ‘inflammatory’ story that manager Carlo Ancelotti had three weeks to save his job.”

Full story

The Guardian, 10th December 2010

Source: www.guardian.co.uk

Ricky Hatton settles £1.4m wages claim – The Independent

Posted December 10th, 2010 in compensation, contracts, news, remuneration, sport by sally

“Ex-boxer Ricky Hatton has settled a £1.4 million claim for unpaid wages from his former trainer. Hatton today reached an undisclosed but ‘mutually acceptable’ deal with Billy Graham on the third day of a hearing at Manchester’s Civil Justice Centre.”

Full story

The Independent, 8th December 2010

Source: www.independent.co.uk

Secretive court opens doors to journalists – The Independent

Posted December 10th, 2010 in Court of Protection, news, reporting restrictions by sally

“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.  The Court of Protection oversees cases involving vulnerable people who lack the mental capacity to make key decisions about their life, such as brain-damaged soldiers or people with Alzheimer’s. But its workings were conducted entirely behind closed doors until a successful legal challenge by The Independent earlier this year.”

Full story

The Independent, 9th December 2010

Source: www.independent.co.uk

Andy Coulson phone-hacking investigation to be dropped – Daily Telegraph

Posted December 10th, 2010 in interception, news, no case to answer, prosecutions, telecommunications by sally

“The Daily Telegraph can disclose that detectives are to be formally advised by the Crown Prosecution Service that Mr Coulson and other former and current employees of the tabloid newspaper have no criminal case to answer.”

Full story

Daily Telegraph, 10th December 2010

Source: www.telegraph.co.uk

Gloucestershire coroner’s law practice investigated – BBC News

Posted December 10th, 2010 in accounts, disciplinary procedures, news, professional conduct, solicitors by sally

“The Cheltenham law firm of Gloucestershire coroner Alan Crickmore has been closed following concerns over the way it was being run.”

Full story

BBC News, 9th December 2010

Source: www.bbc.co.uk

Rogue traders sentenced over East Midlands £1.5m fraud – BBC News

Posted December 10th, 2010 in conspiracy, construction industry, fraud, news, sentencing by sally

“A gang of rogue builders who conned hundreds across the East Midlands with substandard work have been sentenced.”

Full story

BBC News, 8th December 2010

Source: www.bbc.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 9th, 2010 in legislation by sally

The Value Added Tax (Removal of Gas, Electricity, Heat and Cooling) Order 2010

The Value Added Tax (Imported Gas, Electricity, Heat and Cooling) Relief Order 2010

The Value Added Tax (Place of Supply of Goods) (Amendment) Order 2010

The Licensable Means of Fishing Order 2010

The Legal Services Act 2007 (Levy) (No.2) Rules 2010

Source: www.legislation.gov.uk