Stephen Lawrence murder sentences to be reviewed by attorney general – The Guardian

Posted January 5th, 2012 in attorney general, murder, news, sentencing, young offenders by tracey

“Dominic Grieve to look into leniency of sentences handed to Gary Dobson and David Norris after receiving complaint.”

Full story

The Guardian, 5th January 2012

Source: www.guardian.co.uk

Church of England calls assisted suicide plan morally unacceptable – Daily Telegraph

Posted January 5th, 2012 in assisted suicide, Church of England, news, reports by tracey

“The Rt Rev James Newcome, Bishop of Carlisle, said the best safeguard for vulnerable people would be to keep the existing law in place. He also claimed the Commission on Assisted Dying, a group of peers and academics chaired by the former Labour minister Lord Falconer, was a ‘self-appointed’ group that excluded anyone who objected to legalising assisted suicide.”

Full story

Daily Telegraph, 5th January 2012

Source: www.telegraph.co.uk

Regina v James and another – WLR Daily

Posted January 5th, 2012 in appeals, confiscation, law reports, sentencing by tracey

Regina v James and another; [2011] EWCA Crim 2991;  [2011] WLR (D)  389

“Expenditure on scales, machinery parts, rent and wages for casual workers were not sums obtained as a result of or in connection with criminal conduct, in this case the evasion of excise duty on tobacco products, and therefore did not amount to a benefit from criminal conduct for the purposes of section 76(4) of the Proceeds of Crime Act 2002.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

BAILII: Recent Decisions

Posted January 5th, 2012 in law reports by tracey

Thewlis v Groupama Insurance Company Ltd [2012] EWHC 3 (TCC) (05 January 2012)

Source: www.bailii.org.uk

Delaney v Pickett and another – WLR Daily

Posted January 5th, 2012 in appeals, defences, drug abuse, ex turpi causa, law reports, negligence, news, road traffic by tracey

Delaney v Pickett and another; [2011] EWCA Civ 1532;  [2011] WLR (D)  390

“In looking to the possible application of the defence of ‘ex turpi’ in a claim of negligence arising out of a road traffic accident it could be crucial to ask whether the injury in issue was truly a consequence of the claimant’s unlawful act or whether it was a consequence of the unlawful act only in the sense that it would not have happened if the claimant had not been committing an unlawful act. In other words, could one say that, although the damage would not have happened but for the tortious conduct of the defendant, it was caused by the criminal act of the claimant; or was the position, rather, that, although the damage would not have happened without the criminal act of the claimant, it was caused by the tortious act of the defendant ?.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Tim Martin Interiors Ltd v Akin Gump LLP – WLR Daily

Posted January 5th, 2012 in appeals, costs, law reports, news, solicitors, third parties by tracey

Tim Martin Interiors Ltd v Akin Gump LLP; [2011] EWCA Civ 1574;  [2011] WLR (D)  39

“As regards quantification and repayment, a third party assessment under section 71 of the Solicitors Act 1974 was of limited use to a third party, since, after payment, it was not possible to require solicitors to pay to the third party money which they had received from their client and which the client was bound to pay them, merely because the third party was not liable to pay the same amount to the client.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Ryanair Holdings Ltd v Office of Fair Trading and another – WLR Daily

Posted January 5th, 2012 in airlines, appeals, competition, law reports, limitations, news, tribunals by tracey

Ryanair Holdings Ltd v Office of Fair Trading and another; [2011] EWCA Civ 1579;  [2011] WLR (D)  392

“The Competition Appeal Tribunal Rules granted a power to suspend the running of time, with regard to an investigation by the OFT, as a matter of urgency and in order to protect the public interest.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Padden v Bevan Ashford (a firm) – WLR Daily

Posted January 5th, 2012 in appeals, law reports, negligence, solicitors by tracey

Padden v Bevan Ashford (a firm); [2011] EWCA Civ 1616;  [2011] WLR (D)  393

“A solicitor who certified in a mortgage that a client had been given appropriate legal advice about the mortgage and, to the best of his knowledge, had understood the effect of the mortgage and was not acting under undue influence or a misrepresentation, was under an obligation to have advised that client or to have taken steps to satisfy himself that she had been properly advised on those matters. His obligation went well beyond simply advising her not to sign documents disadvantageous to her.”

WLR Daily, 21st December 2011

Source: www.iclr.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted January 5th, 2012 in legislation by tracey

The Criminal Procedure (Amendment) Rules 2011

Source: www.legislation.gov.uk

Michael Todd QC on UK legal services – Ministry of Justice

Posted January 5th, 2012 in legal services, press releases by tracey

“Michael Todd QC, the Chairman of the Bar Council, explains why we have a legal services sector to be proud of and why he believes we can all invest in its future.”

Full press release

Ministry of Justice, 4th January 2012

Source: www.justice.gov.uk

Why Stephen Lawrence killers were sentenced as juveniles and under old law – UK Human Rights Blog

Posted January 5th, 2012 in human rights, murder, news, sentencing, young offenders by tracey

“There has been surprise, from the Daily Mail amongst others that Dobson and Norris, now in their mid-30s, were sentenced as juveniles. Curiously, they have also been sentenced under historic law dating back to around 1993, which means they cannot be sentenced under harsh new guidance for racially aggrevated crimes.”

Full story

UK Human Rights Blog, 4th January 2012

Source: http://ukhumanrightsblog.com/

Consultation opens on separate jurisdiction for Wales – Law Society’sWelsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality – Law Society’s Gazette

Posted January 5th, 2012 in constitutional reform, consultations, jurisdiction, news, Wales by tracey

“Welsh Assembly members have begun consulting on the establishment of a separate legal jurisdiction for the principality.”

Full story

Law Society’s Gazette, 4th January 2011

Source: www.lawgazette.co.uk

Microsoft to sue Comet over ‘fake’ Windows discs – The Guardian

Posted January 5th, 2012 in consumer protection, counterfeiting, intellectual property, news by tracey

“Microsoft is to sue UK electronics retailer Comet for making tens of thousands of allegedly unauthorised CDs for its Windows operating system and selling them to customers. The US computing giant has issued proceedings against Comet for allegedly creating more than 94,000 counterfeit ‘recovery discs’ for its Windows Vista and Windows XP operating systems and selling them to customers.”

Full story

The Guardian, 4th January 2012

Source: www.guardian.co.uk

Filkin report proposals could shield criminals and corrupt officers – The Guardian

Posted January 5th, 2012 in corruption, media, news, police, reports by tracey

“While some of Dame Elizabeth’s recommendations about links between police and media are welcome, others spell danger.”

Full story

The Guardian, 4th January 2011

Source: www.guardian.co.uk

Allow assisted suicide for those with less than a year to live – Daily Telegraph

Posted January 5th, 2012 in assisted suicide, news, reports by tracey

“The independent Commission on Assisted Dying, whose members include several prominent peers and medics, wants GPs to be able to prescribe lethal doses of medication for dying people to take themselves. The report, published today, calls for the ‘inadequate and incoherent’ law against assisted suicide to be scrapped following a series of high profile cases where patients have used the Dignitas suicide clinic to take their own lives.”

Full story

Daily Telegraph, 5th January 2012

Source: www.telegraph.co.uk