Recent Statutory Instruments – legislation.gov.uk

Posted June 21st, 2011 in legislation by sally

The Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2011

The School Governance (Contracts) (England) (Revocation) Regulations 2011

The Justices of the Peace (Training and Development Committee) (Amendment) Rules 2011

Source: www.legislation.gov.uk

Lawyers ‘not trusted’ by majority, says consumer watchdog – Law Society’s Gazette

Posted June 21st, 2011 in legal profession, news, reports by sally

“Under half of the general public trust lawyers, according to the results of a survey commissioned by consumer watchdog the Legal Services Consumer Panel.”

Full story

Law Society’s Gazette, 21st June 2011

Source: www.lawgazette.co.uk

Regina (Gaunt) v Office of Communications (Liberty intervening) – WLR Daily

Posted June 21st, 2011 in appeals, freedom of expression, law reports, media by sally

Regina (Gaunt) v Office of Communications (Liberty intervening) [2011] EWCA Civ 692; [2011] WLR (D) 201

“The provisions of the Ofcom Broadcasting Code had to be interpreted, as well as being applied in a particular case, so as to comply with the requirements of the right to freedom of expression in article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The question whether the publication of a finding by the statutory regulator constituted a permissible interference with a claimed right to freedom of expression under the article demanded rigorous scrutiny.”

WLR Daily, 17th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Domain names can be registered with almost any suffix from next year, ICANN says – OUT-LAW.com

Posted June 21st, 2011 in domain names, intellectual property, internet, news by sally

“Businesses will be able to register website domain names with almost any ending and in any language from next year under plans approved by the Internet Corporation for Assigned Names and Numbers (ICANN).”

Full story

OUT-LAW.com, 20th June 2011

Source: www.out-law.com

High Court dismisses challenges to magistrates’ court closures – Law Society’s Gazette

Posted June 21st, 2011 in courts, disabled persons, domestic violence, judicial review, news by sally

“The High Court has rejected legal challenges to the closures of Sittingbourne and Barry magistrates’ courts.”

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Law Society’s Gazette, 20th June 2011

Source: www.lawgazette.co.uk

Former Langbar chief jailed for fraud – The Guardian

Posted June 21st, 2011 in disqualification, fraud, news, sentencing by sally

“The former chief executive of the £357m shell company Langbar International, which collapsed six years ago leaving shareholders with big losses, has been sentenced to 12 months in jail and banned from being a company director for five years. The Serious Fraud Office said he was guilty of ‘fraud on a grand scale’.”

Full story

The Guardian, 20th June 2011

Source: www.guardian.co.uk

Victims of crime failed by criminal justice system – Law Society’s Gazette

Posted June 21st, 2011 in news, victims by sally

“Members of the public have little confidence in the criminal justice system and feel the rights of the accused outweigh their own, a new survey suggests.”

Full story

Law Society’s Gazette, 21st June 2011

Source: www.lawgazette.co.uk

Air passenger data plans in US-EU agreement are illegal, say lawyers – The Guardian

Posted June 21st, 2011 in airports, data protection, EC law, illegality, news by sally

“The European commission’s own lawyers have warned that a joint US-European agreement to store the personal data, including credit card details, of millions of transatlantic air passengers for 15 years is unlawful.”

Full story

The Guardian, 20th June 2011

Source: www.guardian.co.uk

One in six young offenders are back in jail in a month – BBC News

Posted June 21st, 2011 in news, recidivists, reports, young offenders by sally

“One in six young offenders are back behind bars within a month, according to the chief inspector of prisons.”

Full story

BBC News, 21st June 2011

Source: www.bbc.co.uk

ASA says Cadbury was not racist when it compared Campbell to chocolate bar – The Independent

Posted June 21st, 2011 in advertising, complaints, food, news, racism by sally

“A Cadbury’s advertising campaign which compared Naomi Campbell to a bar of chocolate was not racist, the industry’s watchdog has ruled.”

Full story

The Independent, 21st June 2011

Source: www.independent.co.uk

Ken Clarke forced to abandon 50% sentence cuts for guilty pleas – The Guardian

Posted June 21st, 2011 in guilty pleas, Ministry of Justice, news, sentencing by sally

“David Cameron has forced Kenneth Clarke to abandon all plans for 50% sentence discounts for early guilty pleas, after an outcry on the Tory right and in the tabloids.”

Full story

The Guardian, 21st June 2011

Source: www.guardian.co.uk

Gurkhas take pension battle to ECHR – The Independent

Posted June 21st, 2011 in armed forces, Gurkhas, human rights, news, pensions by sally

“British Gurkhas are taking their battle for equal pension rights to the European Court of Human Rights, it was announced today.”

Full story

The Independent, 20th June 2011

Source: www.independent.co.uk

Carole Caplin libel case given the go-ahead – Daily Telegraph

Posted June 20th, 2011 in defamation, news by sally

“A libel case brought by Cherie Blair’s lifestyle guru Carole Caplin over her alleged portrayal as ‘some sort of sexpot or randy masseuse’ got the go-ahead today.”

Full story

Daily Telegraph, 20th June 2011

Source: www.telegraph.co.uk

Ban for 1am drink-drive Cardiff milkman Brian Gallagher – BBC News

Posted June 20th, 2011 in drunk in charge, news, sentencing by sally

“A drink-driving milkman arrested while in his float on an early morning round has been banned for 18 months.”

Full story

BBC News, 20th June 2011

Source: www.bbc.co.uk

Man jailed for killing friend – The Independent

Posted June 20th, 2011 in homicide, news, sentencing by sally

“A man who killed his friend with a single blow to the head has been jailed.”

Full story

The Independent, 20th June 2011

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted June 20th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Sinclair Collis Ltd, R (on the application of) v The Secretary of State for Health [2011] EWCA Civ 437 (17 June 2011)

Zinda v The Governing Body of Barn Hill Community High & Ors [2011] EWCA Civ 690 (17 June 2011)

High Court (Administrative Court)

Bramall v Secretary of State for Communities and Local Government & Anor [2011] EWHC 1531 (Admin) (17 June 2011)

High Court (Commercial Court)

Beazley Underwriting Ltd & Ors v The Travelers Companies Incorp. [2011] EWHC 1520 (Comm) (17 June 2011)

Barbudev v Eurocom Cable Management Bulgaria EOOD & Ors [2011] EWHC 1560 (Comm) (17 June 2011)

High Court (Technology and Construction Court)

Mouchel Ltd v Van Oord (UK) Ltd (No 2) [2011] EWHC 1516 (TCC) (15 June 2011)

Source: www.bailii.org

CPS – Changes to Advocate Panels Scheme – Message from the Chairman of the Bar – The Bar Council

Posted June 20th, 2011 in advocacy, barristers, Crown Prosecution Service, news, prosecutions by sally

“As many members of the Bar will be aware, the CPS published a new Advocate Panels Scheme on 31 March 2011. The new scheme followed discussions between a Bar Council group consisting of Circuit, CBA and YBC representatives and the CPS.”

Full story

The Bar Council, 17th June 2011

Source: www.barcouncil.org.uk

Tido v The Queen – WLR Daily

Posted June 20th, 2011 in admissibility, death penalty, evidence, identification, law reports, murder by sally

Tido v The Queen [2011] UKPC 16; [2011] WLR (D) 199

“A dock identification of a defendant was not inadmissible evidence per se. Nor was the admission of such evidence to be regarded as permissible in only the most exceptional circumstances.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Miguel v State of Trinidad and Tobago – WLR Daily

Miguel v State of Trinidad and Tobago [2011] UKPC 14; [2011] WLR (D) 198

“A constitutional provision which exempted both existing laws and enactments which altered existing laws from its protection did not extend to an enactment which altered a law that had existed before the Constitution came into force but had since been abolished. It followed that a mandatory sentence of death for a murder conviction in Trinidad and Tobago under the ‘arrestable offence murder’ rule in section 2A of the Criminal Law Act, based on an earlier-abolished ‘felony murder’ rule, was outside the exemption and so unconstitutional.”

WLR Daily, 15th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others – WLR Daily

Posted June 20th, 2011 in appeals, law reports, murder, offensive weapons, sentencing by sally

Regina v Kelly; Same v Bowers; Same v Singh (Balraj); Same v Harding and others [2011] EWCA Crim 1462; [2011] WLR (D) 197

“For the purposes of deciding the starting point for determining the minimum term to be served by a defendant sentenced to life imprisonment on conviction of murder committed with a knife the fact that the defendant had taken a knife from the kitchen of a home to another room in the same home, even if a locked door was forced, did not mean that he had taken the knife to the scene within the meaning of paragraph 5A of Schedule 21 to the Criminal Justice Act 2003.”

WLR Daily, 16th June 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.