Cannock man jailed for giving partner HIV – BBC News

Posted July 25th, 2011 in ASBOs, grievous bodily harm, HIV, news, sentencing by tracey

“A Staffordshire man who had unprotected sex with his partner knowing he had HIV has been jailed for four years.”

Full story

BBC News, 25th July 2011

Source: www.bbc.co.uk

A more American legal model for gang violence? – The Guardian

Posted July 25th, 2011 in gangs, homicide, news, Supreme Court, violence by tracey

“The supreme court’s decision in R v Gnango could change controversial area of joint enterprise law.”

Full story

The Guardian, 25th July 2011

Source: www.guardian.co.uk

Cambridgeshire gardener jailed for sex assault in Bedfordshire – BBC News

Posted July 25th, 2011 in news, recidivists, sexual offences, sexual offences prevention orders by tracey

“A landscape gardener who sexually assaulted a 17-year-old girl has been jailed for 20 months.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk

 

 

Leicestershire mobility scooter conmen jailed – BBC News

Posted July 25th, 2011 in consumer protection, news, sentencing by tracey

“A father and son who conned vulnerable pensioners into buying mobility aids which were never delivered have each been jailed for 12 months.”

Full story

BBC News, 22nd July 2011

Source: www.bbc.co.uk

Catholic church’s plea could rule out damages for priests’ abuse – The Guardian

Posted July 25th, 2011 in damages, employment, news, vicarious liability by tracey

“Victims of sexual abuse by priests will no longer be able to sue the Catholic church for damages if a landmark judgment rules that priests should not be considered as employees.”

Full story

The Guardian, 24th July 2011

Source: www.guardian.co.uk

Insurance broker Willis fined £7m by FSA – The Guardian

Posted July 25th, 2011 in corruption, financial regulation, fines, insurance, news by tracey

“Willis Limited carpeted by the Financial Services Authority for failing sufficiently to monitor payments to overseas third parties.”

Full story

The Guardian, 21st July 2011

Source: www.guardian.co.uk

MPs’ expenses watchdog refuses to name politicians under investigation – Daily Telegraph

Posted July 25th, 2011 in expenses, news, parliament by tracey

“The Independent Parliamentary Standards Authority (Ipsa), which was brought in to clean up the discredited MPs’ expenses system, initially indicated that politicians would be identified when a formal probe was launched.”

Full story

Daily Telegraph, 25th July 2011

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted July 25th, 2011 in law reports by tracey

Court of Appeal (Civil Division)

AAO v Entry Clearance Officer [2011] EWCA Civ 840 (22 July 2011)

Court of Appeal (Criminal Division)

Jackson v R. [2011] EWCA Crim 1870 (22 July 2011)

High Court (Administrative Court)

Revenue and Customs Prosecutions Office v Johnson [2011] EWHC 1950 (Admin) (25 July 2011)

Secretary of State for the Home Department v CB & Anor (Rev 1) [2011] EWHC 1990 (Admin) (25 July 2011)

Britannia Assets (UK) Ltd v Secretary of State for Communities & Local Government & Anor [2011] EWHC 1908 (Admin) (22 July 2011)

High Court (Chancery Division)

Samuel Smith Old Brewery (Tadcaster) v Lee (t/a Cropton Brewery) [2011] EWHC 1879 (Ch) (22 July 2011)

High Court (Queen’s Bench Division)

Robins v Kordowski & Anor [2011] EWHC 1912 (QB) (22 July 2011)

High Court (Technology and Construction Court)

Trebor Bassett Holdings Ltd & Anor v ADT Fire and Security Plc [2011] EWHC 1936 (TCC) (22 July 2011)

Jerram Falkus Construction Ltd v Fenice Investments Inc [2011] EWHC 1935 (TCC) (21 July 2011)

Source: www.bailii.org

Serious Organised Crime Agency v Szeptiewski and others (No 2) – WLR daily

Posted July 25th, 2011 in appeals, equity, law reports, proceeds of crime by tracey

Serious Organised Crime Agency v Szeptiewski and others (No 2) [2011] EWCA Civ 856;  [2011] WLR (D)  245

“In the circumstances which arose the Serious Organised Crime Agency (‘SOCA’) was entitled to invoke the equitable doctrine of marshalling and in effect to be subrogated to a second charge over a property as security for the shortfall left unsatisfied following the sale of other properties.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Drake v Harvey and others – WLR Daily

Posted July 25th, 2011 in appeals, law reports, partnerships, valuation by tracey

Drake v Harvey and others [2011] EWCA Civ 838;  [2011] WLR (D)  244

“There was no general default rule or presumption that the basis on which an outgoing partner’s share of partnership assets was to be determined was a fair value unless the partnership deed expressly stated otherwise; the correct approach was to derive the basis of valuation from the terms of the deed itself applying normal principles of contractual interpretation.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

B v Secretary of State for the Home Department – WLR Daily

Posted July 25th, 2011 in appeals, contempt of court, law reports by tracey

B v Secretary of State for the Home Department [2011] EWCA Civ 828;  [2011] WLR (D)  243

“The question for the Court of Appeal exercising its appellate jurisdiction under section 13 of the Administration of Justice Act 1960 in respect of a sentence imposed for contempt of court was whether the sentence was manifestly excessive.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Regina v F(S) – WLR daily

Posted July 25th, 2011 in abuse of process, appeals, delay, law reports, stay of proceedings by tracey

Regina v F(S) [2011] EWCA Crim 1844;  [2011] WLR (D)  242

“An application to stay criminal proceedings for abuse of process on grounds of delay and a submission of ‘no case to answer’ were two distinct matters which had to receive distinct and separate consideration. An application to stay for abuse of process on the grounds of delay could not succeed unless, exceptionally, a fair trial was no longer possible owing to prejudice to the defendant caused by the delay which could not fairly be addressed in the normal trial process, whereas on a submission of ‘no case’ the question was whether the evidence, viewed overall, was such that the jury could properly convict.”

WLR Daily, 21st July 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted July 25th, 2011 in legislation by tracey

The Beer (Amendment) Regulations 2011

The Gaming Duty (Amendment) Regulations 2011

The Registered Pension Schemes (Notice of Joint Liability for the Annual Allowance Charge) Regulations 2011

The Registered Pension Schemes (Prescribed Requirements of Flexible Drawdown Declaration) Regulations 2011

The Registered Pension Schemes (Modification of Scheme Rules) Regulations 2011

The Registered Pension Schemes (Transfer of Sums and Assets) (Amendment) (No. 2) Regulations 2011

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2011

The Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) (Amendment) Order 2011

The Corporation Tax (Instalment Payments) (Amendment) Regulations 2011

The Corporation Tax Act 2010 (Factors Determining Substantial Commercial Interdependence) Order 2011

The Registered Pension Schemes (Relevant Income) Regulations 2011

The Taxation of Pension Schemes (Transitional Provisions) (Amendment) (No.2) Order 2011

The Immigration (Provision of Physical Data) (Amendment) Regulations 2011

The Registered Pension Schemes (Lifetime Allowance Transitional Protection) Regulations 2011

The Registered Pension Schemes (Miscellaneous Amendments) Regulations 2011

The Adoption and Children (Scotland) Act 2007 (Consequential Modifications) Order 2011

The Criminal Procedure (Legal Assistance, Detention and Appeals) (Scotland) Act 2010 (Consequential Provisions) Order 2011

Source: www.legislation.gov.uk

Three years for sham marriage ‘fixer’ – Home Office

Posted July 25th, 2011 in bigamy, fraud, immigration, marriage, money laundering, press releases, sentencing by tracey

“Abiola Abdulkareem was arrested at Abingdon Register Office on Friday 14 May 2010, as the wedding of Idowu James Ojomu from Nigeria and French national Maria Deroff got underway.”

Full press release

Home Office, 20th July 2011

Source: www.homeoffice.gov.uk

CPS decides not to charge Salford man over intruder’s death – Crown Prosecution Service

Posted July 25th, 2011 in burglary, Crown Prosecution Service, homicide, press releases by tracey

“A man who fatally stabbed an intruder who broke into his home in Salford will not face charges, the Crown Prosecution Service announced today.”

Full story

Crown Prosecution Service, 22nd July 2011

Source: www.cps.gov.uk

EU privacy watchdogs contradict UK position on cookie consent – OUT-LAW.com

Posted July 25th, 2011 in consent, data protection, EC law, internet, news by tracey

“EU data protection watchdogs have contradicted UK regulations on the use of cookies, advising the European Commission to specify that user consent must be obtained before cookies are used.”

Full story

OUT-LAW.com, 25th July 2011

Source: www.out-law.com

Terrorism suspect ordered to leave London – The Guardian

Posted July 25th, 2011 in control orders, human rights, London, news, terrorism by tracey

“A terrorist suspect and father of five has been ordered to move to a city outside London because of the risk that he might participate in fundraising for Pakistani militant groups.”

Full story

The Guardian, 22nd July 2011

Source: www.guardian.co.uk

Surgeon who botched operations is suspended for a year – The Guardian

Posted July 25th, 2011 in disciplinary procedures, doctors, medical treatment, news by tracey

“A vascular surgeon who botched operations, resulting in one man bleeding to death and a woman having to breathe through a tube for the rest of her life, has been suspended for 12 months by the General Medical Council.”

Full story

The Guardian, 24th July 2011

Source: www.guardian.co.uk

Rapist infected woman with hepatitis C – BBC News

Posted July 25th, 2011 in news, rape, sentencing by tracey

“A sex attacker who infected a woman with hepatitis C when he broke into her south London home and raped her has been jailed indefinitely.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk

Family calls for UK trial for London terror suspect – BBC News

Posted July 25th, 2011 in extradition, human rights, news, proscribed organisations, terrorism by tracey

“The family of a south London man who is fighting against his extradition to the US on terrorism charges have called for him to be tried in the UK.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk