IPCC to publish report on Rachel Nickell’s death – BBC News
“The police watchdog is publishing a report into claims officers failed to detain a rapist who went on to kill Rachel Nickell.”
BBC News, 3rd May 2010
Source: www.bbc.co.uk
Author: sally
Plan to protect anonymity of rape accused watered down – The Independent
“A surprise plan to grant anonymity to rape defendants will be significantly redrawn by the coalition Government after intense criticism of the proposals.”
The Independent, 3rd June 2010
Source: www.independent.co.uk
Equalities watchdog rebukes police over disproportionate use of stop and search – The Guardian
“Five police forces could face legal action after the equalities watchdog issued a final warning over their disproportionate use of stop-and-search powers against people from ethnic minorities.”
The Guardian, 2nd June 2010
Source: www.guardian.co.uk
Pleading guilty to police should mean lighter sentence, judge says – The Times
“Suspects who plead guilty in the police station should benefit from a hefty cut in their sentences, the judge in charge of sentencing has told The Times.”
The Times, 3rd June 2010
Source: www.timesonline.co.uk
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd – WLR Daily
“The phrase ‘a self-contained part of a building’ in ss 3 and 4 of the Leasehold Reform, Housing and Urban Development Act 1993 did not, either expressly or by implication, require that a self-contained part of a building should be indivisible into smaller such parts.”
WLR Daily, 27th May 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
O’Byrne v Aventis Pasteur MSD Ltd – WLR Daily
O’Byrne v Aventis Pasteur MSD Ltd [2010] UKSC 23; [2010] WLR (D) 137
“In a claim under the Consumer Protection Act 1987 based on the rights conferred under Council Directive 85/374/EEC concerning liability for defective products, which by art 11 required proceedings to be brought against the producer within ten years of the product being put into circulation, domestic law could not allow the producer to be substituted as the defendant outside that period in place of a wholly-owned subsidiary (who was the supplier but had been erroneously thought to be the producer) unless the parent company had actually determined when the supplier put the product in circulation.”
WLR Daily, 27th May 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.
Jones v Kernott – WLR Daily
Jones v Kernott [2010] EWCA Civ 578; [2010] WLR (D) 13
“Where the parties had agreed when they separated that they had equal interests in a residential property conveyed into their joint names there had to be something to displace those interests before the court could impute from the parties’ conduct an intention to vary that equality. The passage of time was insufficient to do so even if in the meantime the defendant had acquired alternative accommodation and the claimant had paid all the outgoings.”
WLR Daily, 27th May 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.
Edwards v Chesterfield Royal Hospital NHS Foundation Trust – WLR Daily
Edwards v Chesterfield Royal Hospital NHS Foundation Trust [2010] EWCA Civ 571; [2010] WLR (D) 135
“An employee who suffered damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, and which would not otherwise have been made, could recover damages at large.”
WLR Daily, 27th May 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.
Mobilix Ltd (in Administration) v HM Revenue and Customs; Blue Sphere Global Ltd v Same Calltel Telecom Ltd and; Another v Same – Times Law Reports
Court of Appeal
“Where a trader knew or should have known that by his purchase he was participating in a transaction connected with fraudulent evasion of value-added tax he lost his right to deduct input tax.”
The Times, 2nd June 2010
Source: www.timesonline.co.uk
Regina v Lancaster – Times Law Reports
Court of Appeal (Criminal Division)
“The jury had to decide on the facts of the case whether an omission in a claim form was significant.”
The Times, 2nd June 2010
Source: www.timesonline.co.uk
11th Programme of Law Reform – Consultation – Law Commission
“We regularly consult on projects to be included in our programmes of law reform. We are now looking for suggestions for our Eleventh Programme.”
Law Commission, 1st June 2010
Source: www.lawcom.gov.uk
Jim Watts is serving 12 years for abusing disabled women but is he a victim of a miscarriage of justice? – The Guardian
“Jim Watts, 57, a former disability bus driver, is serving a 12-and-a-half year jail sentence for sexually assaulting four severely mentally and physically disabled women.But there are serious concerns, raised by his legal team, that Watts, a married father of two, has been the victim of a gross miscarriage of justice, and that his case could serve as a significant deterrent to people thinking of working with severely disabled people.”
The Guardian, 2nd June 2010
Source: www.guardian.co.uk
Digital Economy Act: Ofcom consults on blacklisting infringers – OUT-LAW.com
“Small ISPs, mobile operators and Wi-Fi providers like hotels and coffee shops will be exempt from a notification and blacklisting process under the Digital Economy Act, at least initially, according to a draft Code published by Ofcom.”
OUT-LAW.com, 1st June 2010
Source: www.out-law.com
Lawyers prepare to hear LeO roar – The Guardian
“Have you ever complained about the service you received from a lawyer? It’s not always the easiest thing in the world: lawyers do not really see themselves as a service industry, and so tend to treat complaints as a personal affront rather than as a chance to ensure their clients have had a good experience.”
The Guardian, 1st June 2010
Source: www.guardian.co.uk
BAILII: Recent Decisions
High Court (Administrative Court)
Source: www.bailii.org
Solider jailed after illegal dog kills nephew – The Independent
“A soldier who owned an illegal breed of dog which attacked and killed his four-year-old nephew was jailed for four months today.”
The Independent, 1st June 2010
Source: www.independent.co.uk
News of the World story on John Terry’s dad was entrapment, says judge – The Guardian
“A crown court judge today described the News of the World’s story about the father of England footballer John Terry selling cocaine as a ‘very, very clear case of entrapment’.”
The Guardian, 1st June 2010
Source: www.guardian.co.uk
Recent Statutory Instruments – OPSI
O’Byrne v Aventis Pasteur MSD Ltd – Times Law Reports
O’Byrne v Aventis Pasteur MSD Ltd
Supreme Court
“Domestic law could not allow the producer of an allegedly defective product to be substituted as the defendant more than ten years after its being put into circulation in place of a wholly owned subsidiary, who was the supplier, but had been erroneously thought to be the producer, unless the parent company had actually determined when the supplier put the product in circulation.”
The Times, 27th May 2010
Source: www.timesonline.co.uk
Funding crisis over legal aid threatens UK asylum chaos, ministers are warned – The Guardian
“The government has been warned of impending chaos in the asylum system if a body representing the rights of people fleeing persecution and violence is forced to close due to changes in the way legal aid is paid.”
The Guardian, 30th May 2010
Source: www.guardian.co.uk
