High court judge criticises police failure to fully investigate phone hacking – The Guardian

Posted February 15th, 2011 in interception, media, news, police, telecommunications by sally

“A high court judge has criticised the Metropolitan police for failing to adequately investigate allegations of phone hacking by the News of the World.”

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The Guardian, 15th February 2011

Source: www.guardian.co.uk

Retracting rape and domestic violence allegations: CPS launches public consultation – Crown Prosecution Service

“Individuals who retract truthful allegations of rape or domestic violence out of fear are less likely to be prosecuted under proposed new guidance for prosecutors on the offence of perverting the course of justice, the Director of Public Prosecutions, Keir Starmer QC, said today. But individuals who make malicious false allegations should know they risk prosecution, he said.”

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Crown Prosecution Service, 10th February 2011

Source: www.cps.gov.uk

Ken Clarke faces legal challenge to trace victims of ‘brutality’ in child jails – The Guardian

Posted February 15th, 2011 in children, news, restraint, secure training centres by sally

“A high court challenge has been launched over the Ministry of Justice’s refusal to identify hundreds of children who have been unlawfully restrained in privately run child jails using techniques that have since been banned.”

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The Guardian, 15th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Criminal Division)

Romani v R. [2011] EWCA Crim 183 (14 February 2011)

Court of Appeal (Civil Division)

Hertfordshire County Council, R (on the application of) v JM [2011] EWCA Civ 77 (15 February 2011)

Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123 (15 February 2011)

High Court (Queen’s Bench Division)

Murdock v Scarisbrick Group Ltd. [2011] EWHC 220 (QB) (11 February 2011)

Hirschfeld v McGrath [2011] EWHC 249 (QB) (15 February 2011)

High Court (Administrative Court)

Lai, R (on the application of) v Secretary of State for Defence [2011] EWHC 145 (Admin) (15 February 2011)

Source: www.bailii.org

Mother’s legal plea to sterilise her daughter remains unresolved – The Guardian

Posted February 15th, 2011 in Court of Protection, learning difficulties, news, sterilisation by sally

“The mother of a young woman with learning difficulties who is pregnant with her second child broke down in tears as she pleaded with a high court judge to allow her daughter to be forcibly sterilised for her own protection.”

Full story

The Guardian, 15th February 2011

Source: www.guardian.co.uk

Related: Test case over sterilisation puts court of protection under public scrutiny

Girl who falsely accused boy of rape narrowly escapes custodial sentence – The Guardian

Posted February 15th, 2011 in news, perverting the course of justice, rape, sentencing by sally

“A schoolgirl who was found guilty of falsely accusing a 14-year-old boy of rape when she was 15 was told by a judge she had only narrowly avoided a custodial sentence.”

Full story

The Guardian, 15th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 15th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Traversa v Freddi [2011] EWCA Civ 81 (14 February 2011)

High Court (Queen’s Bench Division)

Lightfoot v Go-Ahead Group Plc [2011] EWHC 89 (QB) (01 February 2011)

XYZ v Portsmouth Hospitals NHS Trust [2011] EWHC 243 (QB) (14 February 2011)

British Pregnancy Advisory Service v Secretary of State for Health [2011] EWHC 235 (Admin) (14 February 2011)

Poi v “Lina” [2011] EWHC 234 (QB) (14 February 2011)

High Court (Administrative Court)

Mamaniat, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 157 (Admin) (24 January 2011)

High Court (Commercial Court)

Ground Gilbey Ltd & Anor v Jardine Lloyd Thompson UK Ltd [2011] EWHC 124 (Comm) (02 February 2011)

Sharon’s Bakery (Europe) Ltd v Axa Insurance UK Plc & Anor [2011] EWHC 210 (Comm) (09 February 2011)

High Court (Patents Court)

Datacard Corporation v Eagle Technologies Ltd [2011] EWHC 244 (Pat) (14 February 2011)

Source: www.bailii.org.uk

Sterilisation ruling: what is the Court of Protection? – Daily Telegraph

Posted February 15th, 2011 in Court of Protection, news by sally

“Here is a potted guide to the Court of Protection, which is expected to rule today on whether a woman with a learning disability should be sterilised to prevent her from becoming pregnant again.”

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Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

Legal Aid Cuts Will Cost More Than They Save: Barristers’ Body Warns That Increase in ‘DIY Justice’ Will Gridlock Courts – The Bar Council

Posted February 15th, 2011 in barristers, costs, legal aid, litigants in person, news by sally

“A forensic examination of the Government’s Green Paper on legal aid, carried out by the Bar Council, which represents barristers in England and Wales, has found that proposals by the Ministry of Justice to cut legal aid could end up costing rather than saving taxpayers’ money, with a devastating effect on access to justice.”

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The Bar Council, 14th February 2011

Source: www.barcouncil.org.uk

Bar Council on Jackson Reforms: Cost Reduction Welcome but Must Be Targeted to Safeguard Access to Justice – The Bar Council

Posted February 15th, 2011 in civil justice, costs, news, public interest by sally

“The Bar Council, which represents barristers in England and Wales, will today respond to the Government’s proposals for the reform of the costs of civil litigation. It will say that cost reduction is in the public interest but will warn that whilst cost reduction is welcome significant threats to access to justice must be addressed and that one size cannot fit all in litigation.”

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The Bar Council, 14th February 2011

Source: www.barcouncil.org.uk

We defend the public interest in our response to MOJ proposals for Legal Aid Reform – Bar Standards Board

Posted February 15th, 2011 in legal aid, news, public interest by sally

“Our response to the MOJ’s proposals for Legal Aid Reform states that the cuts to Legal Aid will have no discernible positive regulatory impact and do little to protect and promote the public interest.”

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Bar Standards Board, 14th February 2011

Source: www.barstandardsboard.org.uk

Law Society v McPhail – WLR Daily

Posted February 15th, 2011 in committals, contempt of court, law reports, Law Society by sally

Law Society v McPhail [2011] WLR (D) 45

“In the interests of fairness, a person charged with contempt of court whose liberty was therefore at stake should be able to appear at a hearing to answer points raised by his accusers.”

WLR Daily, 14th February 2011

Source: www.lawreports.co.uk

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten – WLR Daily

Posted February 15th, 2011 in EC law, employment, insolvency, law reports, shareholders, time limits by sally

Andersson v Staten genom Kronofogdemyndigheten i Jönköping, Tillsynsmynidigheten C-30/10; [2011] WLR (D) 44

“A provision of national law which excluded an employee from entitlement under the guarantee of payment of employees’ outstanding claims in the event of their employer’s insolvency, on the ground that the employee within the six months preceding the application for a declaration of insolvency had been the owner of an essential part of the undertaking or business concerned and had had a considerable influence on it activities, was compatible with Parliament and Council Directive 2008/94/EC relating to the protection of employees in the event of the insolvency of their employer.”

WLR Daily, 14th February 2011

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.

Product placement must be signalled by ‘P’ logo, says Ofcom – OUT-LAW.com

Posted February 15th, 2011 in advertising, media, news by sally

“Broadcasters must show a ‘P’ logo for three seconds at the start and end of television programmes that contain product placement, regulator Ofcom has said.”

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OUT-LAW.com, 15th February 2011

Source: www.out-law.com

Boss forced to pay £13k to compensate stealing employee – Daily Telegraph

Posted February 15th, 2011 in cautions, compensation, false imprisonment, news, personal injuries, theft by sally

“A boss who took an employee he caught stealing to the police station with a sign saying ‘Thief’ around his neck has paid £13,000 after the criminal sued for ‘humiliation’.”

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Daily Telegraph, 15th February 2011

Source: www.telegraph.co.uk

MPs in youth crime warning over funding cut plan – BBC News

Posted February 15th, 2011 in crime prevention, news, young offenders, Youth Justice Board by sally

“Crime may rise if funding is cut for youth offending prevention projects in England and Wales, MPs have warned.”

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BBC News, 15th February 2011

Source: www.bbc.co.uk

Compensation paid over stillbirth – The Independent

Posted February 15th, 2011 in compensation, hospitals, negligence, news by sally

“An NHS Trust has paid out a five-figure compensation settlement to a couple whose son was stillborn following a series of ‘basic errors’ in ante-natal care.”

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The Independent, 14th February 2011

Source: www.independent.co.uk

Case of the flying sausage, dropped – Daily Telegraph

Posted February 15th, 2011 in assault, news, prosecutions by sally

“A bizarre assault case in which a woman was injured by a flying sausage has been thrown out after a judge said such a prosecution could impact on the dignity of the court.”

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Daily Telegraph, 14th February 2011

Source: www.telegraph.co.uk

Edirin Onogeta-Idogun mother jailed over ‘missing’ son – BBC News

Posted February 15th, 2011 in contempt of court, forced marriages, injunctions, news, sentencing by sally

“A London woman who sent her teenage son to their native Nigeria because she disapproved of his lifestyle has been jailed for eight months.”

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BBC News, 14th February 2011

Source: www.bbc.co.uk

Court to rule on sterilisation of pregnant woman – The Independent

Posted February 15th, 2011 in Court of Protection, learning difficulties, news, sterilisation by sally

“A controversial court that still holds its hearing in private will decide tomorrow whether a pregnant woman with learning difficulties should be forcibly sterilised once she gives birth.”

Full story

The Independent, 14th February 2011

Source: www.independent.co.uk