Nine in 10 walk free for first violent crime – Daily Telegraph
“The majority of people convicted for the first time of violent crime are walking free, new figures show.”
Daily Telegraph, 12th October 2013
Source: www.telegraph.co.uk
Gloucester cellar sex attack youths jailed for attack on boy – BBC News
“Two teenagers who carried out a ‘sadistic’ sex attack on a boy, have been jailed for 10 years each.”
BBC News, 11th October 2013
Source: www.bbc.co.uk
Sisters must receive MMR vaccine, court rules – The Guardian
“A judge has ruled that two sisters must receive the MMR vaccine even though neither they nor their mother want them to have it.”
The Guardian, 12th October 2013
Source: www.guardian.co.uk
New police anti-terror powers could be unlawful, say MPs – The Independent
“Intrusive anti-terrorism powers that give police the right to detain travellers for up to six hours without suspicion, as well as download data from their phones and laptops, are unlawful, a group of MPs has warned.”
The Independent, 11th October 2013
Source: www.independent.co.uk
Schedule 7 powers too intrusive, says committee – The Guardian
“Stop and search powers at ports and airports – used to detain the partner of the Guardian journalist Glenn Greenwald for nine hours during the summer – are too intrusive, according to a parliamentary committee.”
The Guardian, 11th October 2013
Source: www.guardian.co.uk
South Yorkshire sex abusers not to face extra charges – BBC News
“Two men who pleaded guilty to more than 50 ‘appalling’ child sex offences will not face trial over 14 other allegations, prosecutors have said.”
BBC News, 14th October 2013
Source: www.bbc.co.uk
Human Rights Act must stay, says CPS director Keir Starmer – The Independent
“Repealing the Human Rights Act would be ‘retrograde step’ that would hurt the victims of crime and witnesses alike, the outgoing director of the Crown Prosecution Service (CPS) has warned.”
The Independent, 13th September 2013
Source: www.independent.co.uk
GCHQ accused of monitoring privileged emails between lawyers and clients – The Guardian
“GCHQ is probably intercepting legally privileged communications between lawyers and their clients, according to a detailed claim filed on behalf of eight Libyans involved in politically sensitive compensation battles with the UK.”
The Guardian, 13th October 2013
Source: www.guardian.co.uk
BAILII: Recent Decisions
Supreme Court
Secretary of State for the Home Department v Al -Jedda [2013] UKSC 62 (9 October 2013)
Osborn v The Parole Board [2013] UKSC 61 (9 October 2013)
High Court (Queen’s Bench Division)
ABC v Avtar Lit [2013] EWHC 3020 (QB) (10 October 2013)
High Court (Chancery Division)
Couper & Ors v Albion Properties Ltd & Ors [2013] EWHC 2993 (Ch) (08 October 2013)
High Court (Administrative Court)
High Court (Technology and Construction Court)
CG Group Ltd v Breyer Group Plc [2013] EWHC 2959 (TCC) (03 October 2013)
KNN Coburn LLP v GD City Holdings Ltd [2013] EWHC 2879 (TCC) (02 October 2013)
Sabic UK Petrochemicals Ltd v Punj Lloyd Ltd [2013] EWHC 2916 (TCC) (10 October 2013)
Source: www.bailii.org
Human rights attacked again – the thorny issue of ‘just satisfaction’ – Legal Week
The attack on human rights protection is relentless. The Daily Mail and The Telegraph this week reported that judges in Strasbourg have handed criminals taxpayer-funded payouts of £4.4m – an average of £22,000 a head. Recipients since 1998 include the traitor George Blake, extremist cleric Abu Qatada and the IRA killer dubbed Mrs Doubtfire.
Legal Week, 10th October 2013
Source: www.legalweek.com
War criminal Charles Taylor to serve 50-year sentence in British prison – The Guardian
“Charles Taylor, the convicted former Liberian president, will serve his 50-year sentence for war crimes in a British prison, the ministry of justice has confirmed.”
The Guardian, 10th October 2013
Source: www.guardian.co.uk
Regina (Osborn) v Parole Board; Regina (Booth) v Same; In re Reilly – WLR Daily
“The protection of rights under the Convention for the Protection of Human Rights and Fundamental Freedoms was not a discrete area of the law, based on the jurisprudence of the European Court of Human Rights, but permeated the domestic legal system. Compliance with article 5.4 of the Convention required that there had, in the first place, to be compliance with the relevant procedural and substantive rules of domestic law.”
WLR Daily, 9th October 2013
Source: www.iclr.co.uk
Eclairs Group Ltd and another v JKX Oil & Gas plc and others – WLR Daily
“The ‘reasonable cause to believe’ provision in section 793 of the Companies Act 2006 operated for the purposes of all its subsections, but operated only in relation to the addressee of a notice. Questions directed to a person who had or was believed to have an interest in the company’s shares about the interests of another person had to be questions about interests in the addressee’s shares, not other shares. It was permissible to ask and receive an answer to the direct question ‘Does [the third party] have an interest?’.”
WLR Daily, 30th August 2013
Source: www.iclr.co.uk
Regina (Uddin) v Crown Court at Leeds – WLR Daily
Regina (Uddin) v Crown Court at Leeds [2013] EWHC 2752 (Admin); [2013] WLR (D) 372
“Pursuant to section 29(3) of the Senior Courts Act 1981, as amended, a decision to revoke the bail of a defendant during the course of a trial on indictment before the Crown Court was not amenable to judicial review by the High Court, such a decision ‘relating to trial on indictment’ within the meaning of the subsection.”
WLR Daily, 11th July 2013
Source: www.iclr.co.uk
Men who trafficked Slovakian slave bride to Burnley jailed – BBC News
“A man who assaulted, raped and held a woman prisoner after she was snatched from Slovakia and trafficked to Lancashire has been jailed.”
BBC News, 10th October 2013
Source: www.bbc.co.uk
Female lawyers earn a third less than males – The Lawyer
“Female lawyers receive just 68 per cent of male lawyers’ total remuneration, while the average bonus given to a woman equals just half that of men’s bonuses, research by recruiter Laurence Simons has revealed.”
The Lawyer, 10th October 2013
Source: www.thelawyer.com
Home Office launch National Crime Agency – just a rebrand? – Halsbury’s Law Exchange
“The NCA began its work this week, just over two years after it was announced. Taking over from SOCA – the Serious Organised Crime Agency – it is the latest incarnation of the body responsible for tackling ‘serious, organised crime’.”
Halsbury’s Law Exchange, 9th October 2013
Source: www.halsburyslawexchange.co.uk
Employers could be penalised by tribunals for breaches of workers’ rights where there are “aggravating features”, BIS confirms – OUT-LAW.com
“The Government has confirmed its intention to give employment tribunals the power to impose financial penalties on employers where they breach a worker’s rights and there are ‘aggravating features’.”
OUT-LAW.com, 10th October 2013
Source: www.out-law.com
Haunted by one’s past – yet another criminal records case – Panopticon
“As I mentioned in my post last week, the case of T v Secretary of State for the Home Department, which concerns the legality of the current CRB regime, is shortly to be considered by the Supreme Court. The issue in T is whether the blanket requirement that criminal convictions and cautions must be disclosed in the context of an enhanced criminal record check (“ECRC”) undertaken for the purposes of certain types of employment (particularly employment with children or vulnerable adults), even though they are spent, is Article 8 compliant.”
Panopticon, 10th October 2013
Source: www.panopticonblog.com
Welsh court processes 86 people over ‘crash for cash’ insurance conspiracy – The Guardian
“Magistrates court closes to all other cases as people aged 23 to 71 face conspiracy charges over fraud involving repair garage.”
The Guardian, 10th October 2013
Source: www.guardian.co.uk
