defences – Page 5 – Current Awareness

Joseph v Spiller – WLR Daily

Posted December 3rd, 2010 in defamation, defences, law reports by sally

Joseph v Spiller [2010] UKSC 53; [2010] WLR (D) 310

“The defence in defamation proceedings of fair comment – to be renamed ‘honest comment’ – did not require that the comment had to identify the matters on which it was based with sufficient particularity to enable readers to judge for themselves whether it was well founded. The comment did, however, have to identify at least in general terms what it was that had led the commentator to make the comment”

WLR Daily, 2nd December 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.

New defence to murder charge comes into force – The Independent

Posted October 5th, 2010 in defences, domestic violence, murder, news by sally

“Men and women facing domestic violence could argue they were forced to kill their tormentor under a new murder law which comes into force today.”

Full story

The Independent, 4th October 2010

Source: www.independent.co.uk

Battered women who kill to be main beneficiaries as homicide law changes – The Guardian

Posted September 30th, 2010 in defences, domestic violence, homicide, murder, news, provocation, sentencing by sally

“Few people seem to have noticed that the law of murder in England and Wales changes on Monday. With only a few days to go, the Ministry of Justice had not published the circular it normally issues in good time to inform ‘public and stakeholders’ – in this case, killers and courts – about changes in legislation and their commencement dates.”

Full story

The Guardian, 30th September 2010

Source: www.guardian.co.uk

Judge’s veiled criticism of Israeli actions in Gaza causes a legal dilemma – The Guardian

Posted September 23rd, 2010 in criminal damage, defences, judges, judgments, jury directions, news, war crimes by sally

“As the legal establishment gears up for the new legal term starting at the end of next week, two of its leading figures must decide whether to do anything about a case that caused widespread concern during the summer.”

Full story

The Guardian, 23rd September 2010

Source: www.guardian.co.uk

Companies need protection from criminal actions of staff, says Law Commission – Daily Telegraph

Posted August 25th, 2010 in company law, defences, employment, Law Commission, news by sally

“Companies should have the power to defend themselves against employees’ criminal actions by proving that they took every measure to stamp out illegal practices, the Law Commission has proposed in a radical blueprint for reform.”

Full story

Daily Telegraph, 25th August 2010

Source: www.telegraph.co.uk

The barrister who acts for notorious defendants – BBC News

Posted August 17th, 2010 in barristers, defences, news by sally

“Courtenay Griffiths QC is a defence barrister with a reputation. He has defended members of the IRA, a youth in the Damilola Taylor trial, and now he is acting for the former Liberian leader Charles Taylor on trial for allegedly receiving blood diamonds.”

Video

BBC News, 17th August 2010

Source: www.bbc.co.uk

Times libel ruling shows Reynolds privilege is of little practical use – The Guardian

Posted July 21st, 2010 in appeals, defamation, defences, media, news, public interest by sally

“News this week that veteran media lawyer Alastair Brett has parted company with the Times so soon after the court of appeal ruled against the newspaper in the Flood case comes just as I am mulling over the impact of this significant libel judgment.”

Full story

The Guardian, 21st July 2010

Source: www.guardian.co.uk

Newspaper story did not qualify for responsible journalism defence, says Court of Appeal – OUT-LAW.com

Posted July 16th, 2010 in defamation, defences, internet, media, news by sally

“An article published by The Times did not meet the standards of responsible journalism required for a total defence against a defamation claim, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 15th July 2010

Source: www.out-law.com

Criminal law: new offences, amendments and provisions – Law Society’s Gazette

Posted July 2nd, 2010 in defences, evidence, indecent photographs of children, news, suicide by sally

“Significant parts of the Coroners and Justice Act 2009 took effect during the spring of this year. On 1 February section 59 was brought into force amending the Suicide Act 1961. For the old offence under section 2, there is now substituted a provision that ‘a person (D) commits an offence if (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person and (b) D’s act was intended to encourage or assist suicide or an attempt at suicide’.”

Full story

Law Society’s Gazette, 1st July 2010

Source: www.lawgazette.co.uk

Jury clears activists who broke into Brighton arms factory – The Guardian

Posted July 1st, 2010 in conspiracy, criminal damage, defences, news, war crimes by sally

“Five activists who caused £180,000 damage to an arms factory were acquitted after they argued they were seeking to prevent Israeli war crimes.”

Full story

The Guardian, 30th June 2010

Source: www.guardian.co.uk

Activists plead lawful excuse for causing damage at arms factory – The Guardian

Posted June 7th, 2010 in conspiracy, criminal damage, defences, news, weapons by sally

“Activists claim they were legally justified in causing £180,000 damage to an arms factory as they were seeking to stop what they believed were Israeli war crimes in Gaza, a court heard today.”

Full story

The Guardian, 7th June 2010

Source: www.guardian.co.uk

Minister plays down quick change to self-defence law – BBC News

Posted June 7th, 2010 in defences, news, proportionality, self-defence by sally

“There will be no swift law change to give people greater rights to defend themselves against burglars, Justice Minister Nick Herbert has suggested.”

Full story

BBC News, 6th June 2010

Source: www.bbc.co.uk

Lord Lester’s bill a ‘catalyst’ for libel reform – Law Society’s Gazette

Posted June 3rd, 2010 in bills, defamation, defences, news, public interest by sally

“Liberal Democrat peer and barrister Lord Lester of Herne Hill QC has introduced a private member’s bill to reform the country’s ‘archaic’ libel laws.”

Full story

Law Society’s Gazette, 3rd June 2010

Source: www.lawgazette.co.uk

Reforming the illegality defence – Law Commission

Posted March 17th, 2010 in defences, illegality, Law Commission, press releases, reports by sally

“We have published a report and draft Bill, recommending statutory reform of the illegality defence as it applies to trusts law.”

Full press release

Law Commission, 17th March 2010

Source: www.lawcom.gov.uk

Motown tribute case to test UK libel law – The Guardian

Posted February 8th, 2010 in appeals, defamation, defences, media, news by sally

“Media organisations hope judgment will clear away tangle of legal complexities around defence of fair comment.”

Full story

The Guardian, 7th February 2010

Source: www.guardian.co.uk

Murder law changes will make little difference, say lawyers – The Guardian

Posted January 19th, 2009 in defences, murder, news by sally

“New laws preventing people accused of murder from using sexual jealousy, so-called ‘honour’ killing and revenge as partial defences will make little difference in practice, lawyers say.”

Full story

The Guardian, 19th January 2009

Source: www.guardian.co.uk

Murder, manslaughter and infanticide: proposals for reform of the law – Ministry of Justice

Posted July 29th, 2008 in defences, homicide, news by sally

“The government has been conducting a review into the law on homicide. The first part of the review was conducted by the Law Commission. This paper now sets out the government proposals for reforms on:

partial defences to murder of diminished responsibility and provocation
the law on complicity in relation to homicide
infanticide”

Full story

Ministry of Justice, 29th July 2008

Source: www.justice.gov.uk