law reports – Page 226 – Current Awareness

“S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. It was a fresh sentence not served in respect of the original offence so that even if that initial offence was a violent or sexual offence specified in Sch 15 to the Criminal Justice Act 2003 but the new offence was not, the s 116 sentence for a long-term prisoner came within s 33(1A) rather than s 33(1B) of the Criminal Justice Act 1991. The defendant was therefore entitled to be released on licence after serving half of his sentence rather than two-thirds, the applicable period under s 33(1B).”

WLR Daily, 9th September 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.

BAILII: Recent Decisions

Posted September 9th, 2010 in law reports by sally

High Court (Chancery Division)

Hopton v Miller [2010] EWHC B20 (Ch) (31 August 2010)

Wickens v Cheval Property Developments Ltd [2010] EWHC 2249 (Ch) (08 September 2010)

Source: www.bailii.org

Regina (Patel) v Lord Chancellor – WLR Daily

Posted September 7th, 2010 in inquests, law reports, legal aid, terrorism by sally

Regina (Patel) v Lord Chancellor [2010] EWHC 2220 (Admin); [2010] WLR (D) 240

“An applicant for exceptional funding by way of legal aid had to meet a high threshold to satisfy the test of ‘significant wider public interest’ in para 27.2.8 of the Legal Services Commission’s Funding Code Decision Making Guidance, subject to the latitude (or margin of discretion) accorded to the Lord Chancellor in the exercise of his judgment. There had to be the potential for client’s involvement in the proceedings to produce real benefits for individuals other than the client and for those benefits to be substantial.”

WLR daily, 6th September 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.

Regina (Ngouh) v Secretary of State for Home Department – WLR Daily

Posted September 7th, 2010 in armed forces, immigration, law reports by sally

Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239

“It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead to its deployment.”

WLR Daily, 6th September 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.

BAILII: Recent Decisions

Posted September 6th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Dibble v Urs Bernhard Pfluger [2010] EWCA Civ 1005 (03 September 2010)

High Court (Commercial Court)

Azimut-Benetti Spa (Benetti Division) v Healey [2010] EWHC 2234 (Comm) (03 September 2010)

High Court (Queen’s Bench Division)

Rashford v Secretary of State for the Home Department [2010] EWHC 2200 (QB) (02 September 2010)

Source: www.bailii.org

BAILII: Recent Decisions

Posted September 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Hamer, R v [2010] EWCA Crim 2053 (17 August 2010)

High Court (Patents Court)

Alan Nuttall Ltd v Fri-Jado UK Ltd & Anor [2010] EWHC 1966 (Pat) (30 July 2010)

Source: www.bailii.org

Online judgments ensure justice is seen to be done – The Guardian

Posted September 2nd, 2010 in internet, judgments, law reports, news by sally

“Yesterday, Sharon Shoesmith was given permission to appeal in the judicial review of her dismissal by Haringey council as a result of the Baby Peter scandal. The case itself is complex and fascinating, but the detail should not overshadow the open and forward-thinking way in which the case has been dealt with.”

Full story

The Guardian, 2nd Spetember 2010

Source: www.guardian.co.uk