Current Awareness

Regina v Maxwell – WLR Daily

Posted July 22nd, 2011 in law reports, retrials, Supreme Court by sally

Regina v Maxwell [2010] UKSC 48; [2011] WLR (D) 238

“When the Court of Appeal quashed a conviction and then exercised its discretion under section 7 of the Criminal Appeal Act 1968 to order a retrial of the defendant, that decision should not be upset on appeal unless it could be shown that it was plainly wrong in that it was one which no reasonable court could have made or that it took into account immaterial factors or failed to consider material factors.”

WLR Daily, 20th July 2011

Source: www.iclr.co.uk

Regina v Boggild and others – WLR Daily

Posted July 22nd, 2011 in affray, appeals, crime, football banning orders, jurisdiction, law reports, sport by sally

Regina v Boggild and others [2011] WLR (D) 237

“An appeal by the prosecution under section 14A(5A) of the Football Spectators Act 1989 against a failure by a court to make a football banning order fell to be considered by the Court of Appeal (Civil Division) because no provision in that Act or elsewhere allocated the jurisdiction to the Court of Appeal (Criminal Division).”

WLR Daily, 19th July 2011

Source: www.iclr.co.uk

Commissioners for HM Revenue and Customs v Jones – WLR Daily

Posted July 22nd, 2011 in customs and excise, jurisdiction, law reports, tribunals by sally

Commissioners for HM Revenue and Customs v Jones [2011] EWCA Civ 824; [2011] WLR (D) 236

“The first tier and upper tribunals were statutory appellate tribunals which had not been given any original jurisdiction for resolving disputes as to whether or not goods were imported legally for personal use. The issue could only be decided by the court. The first tier tribunal’s jurisdiction was limited to hearing an appeal against a discretionary decision by HM Commissioners for Revenue and Customs not to restore the seized goods to the importer.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Barclays Bank plc v Nylon Capital LLP – WLR Daily

Posted July 22nd, 2011 in contracts, hedge funds, jurisdiction, law reports, partnerships by sally

Barclays Bank plc v Nylon Capital LLP [2011] EWCA Civ 826 ; [2011] WLR (D) 235

“In any case where a dispute arose as to the jurisdiction of an expert, a court was the final decision maker as to whether the expert had jurisdiction, even if a clause purported to confer that jurisdiction on the expert in a manner that was final and binding.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same – WLR Daily

Posted July 22nd, 2011 in arbitration, contracts, insurance, law reports, time limits by sally

William McIlroy (Swindon) Ltd and others v Quinn Insurance Ltd; Rannoch Investments Ltd v Same [2011] EWCA Civ 825; [2011] WLR (D) 234

“A clause in a public liability insurance policy requiring the insured to seek arbitration within nine months of a dispute arising on the insurer’s liability did not operate to bar an insured person’s claim before he had any cause of action to bring a claim. The Court of Appeal so held allowing appeals by the first claimants, William McIlroy (Swindon) Ltd, Mackays Stores Ltd, Cathedral Works Organisation (Chichester) Ltd, and the second claimants, Rannoch Investments Ltd, from a decision of Edwards-Stuart J in the Technology and Construction Court finding as a preliminary issue that the claimants were barred by general condition 16 of their insurance contract from proceeding against the defendants, Quinn Insurance Ltd.”

WLR Daily, 18th July 2011

Source: www.iclr.co.uk

Professional Practice Committee issues public access guidance – The Bar Council

Posted July 22nd, 2011 in barristers, legal aid, legal services, news by sally

“The Bar Standards Board has issued a reminder to all public access barristers that under paragraph 3(1) in Annex F2 of the Public Access Rules

‘A barrister may not accept direct instructions from or on behalf of a lay client: In or in connection with any matter or proceedings in which it is likely that the lay client would be eligible for public funding.'”

Full story

The Bar Council, 21st July 2011

Source: www.barcouncil.org.uk

Judicial response to the publication of the Attorney General’s unduly lenient referral statistics – Judiciary of England and Wales

Posted July 22nd, 2011 in criminal justice, news, sentencing, statistics by sally

“The Deputy Head of Criminal Justice, Lord Justice Thomas, has responded to the statistics released today by the Attorney General’s office. These statistics report the number of cases where the Attorney General asked the Court of Appeal to decide whether a sentence imposed by the Crown Court was unduly lenient.”

Full story

Judiciary of England and Wales, 21st July 2011

Source: www.judiciary.gov.uk

Phone hacking: legal firm accused by Murdochs called before committee – The Guardian

Posted July 22nd, 2011 in interception, law firms, media, news by sally

“The legal firm that Rupert Murdoch accused of making a ‘major mistake’ in its part in the internal investigation into phone hacking is to be called before a parliamentary select committee to defend itself against allegations that they helped cover up the scandal.”

Full story

The Guardian, 21st July 2011

Source: www.guardian.co.uk

Law Society takes on Solicitors from Hell website – BBC News

Posted July 21st, 2011 in defamation, internet, Law Society, news, solicitors by sally

“A website which claims to name and shame under-performing lawyers is facing legal action from the Law Society for alleged defamation.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk

Former MP jailed for expenses fraud made second highest claims last year – The Guardian

Posted July 21st, 2011 in expenses, fraud, news, parliament by sally

“A former MP jailed for expenses fraud claimed the second highest amount of parliamentary allowances last year, records have revealed.”

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The Guardian, 21st July 2011

Source: www.guardian.co.uk

South Lakeland Council wins legal bid to ‘take’ home – BBC News

Posted July 21st, 2011 in empty dwelling management orders, housing, local government, news by sally

“A Cumbrian council has won a legal bid to take over a private, empty home and rent it out to a homeless family.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk

Is the law being misused to undermine peaceful protest? – The Guardian

Posted July 21st, 2011 in Crown Prosecution Service, demonstrations, news, public order, trespass by sally

“The CPS may have dropped charges against 109 Fortnum and Mason protesters; but why are some still facing prosecution?”

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The Guardian, 21st July 2011

Source: www.guardian.co.uk

Unduly Lenient Sentences examined in 2010 – Attorney General’s Office

Posted July 21st, 2011 in attorney general, news, sentencing by sally

“The Attorney General’s Office has today released figures on Unduly Lenient Sentence cases referred to the Court of Appeal in 2010. Seventy-seven sentences were referred by the Law Officers. The Court considered 65 of them were unduly lenient (84%) and 60 sentences were increased (78% of the 77 referred).”

Full story

Attorney General’s Office, 21st July 2011

Source: www.attorneygeneral.gov.uk

Supreme Court extends employment rights to Government-employed teachers working abroad – OUT-LAW.com

Posted July 21st, 2011 in employment, news, Supreme Court, teachers, unfair dismissal by sally

“Teachers working for the UK Government in European Schools should have the same protections from unfair dismissal as those working in the UK, the Supreme Court has ruled.”

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OUT-LAW.com, 21st July 2011

Source: www.out-law.com

The essay-writing firm reaching out to graduate lawyers – The Guardian

Posted July 21st, 2011 in legal education, news by sally

“Paid-for help with application forms, cover letters and interview coaching inhabits grey area between training and cheating.”

Full story

The Guardian, 21st July 2011

Source: www.guardian.co.uk

Nottingham pig’s head mosque race abuse man sentenced – BBC News

Posted July 21st, 2011 in criminal damage, harassment, news, public order, racism, religiously aggravated offences, suspended sentences by sally

“A man who was involved in placing a pig’s head on a pole outside the possible site of a mosque in Nottingham has been given a suspended sentence.”

Full story

BBC News, 21st July 2011

Source: www.bbc.co.uk

Shrien Dewani extradition: Anni’s family seeks ‘closure’ as hearing ends – The Guardian

Posted July 21st, 2011 in extradition, human rights, mental health, news, prisons by sally

“The family of Anni Dewani, who was murdered on her honeymoon in South Africa, told how they wanted ‘closure’ as extradition proceedings against her husband, Shrien, drew to a conclusion.”

Full story

The Guardian, 21st July 2011

Source: www.guardian.co.uk

Go-ahead for Mau Mau torture case – The Independent

Posted July 21st, 2011 in Kenya, news, state liability, torture by sally

“Four elderly Kenyans were give the go-ahead at the High Court today to sue the British government over alleged colonial atrocities committed during the Mau Mau uprising.”

Full story

The Independent, 21st July 2011

Source: www.independent.co.uk

Police force published sensitive personal data on its website, data protection watchdog says – OUT-LAW.com

Posted July 21st, 2011 in data protection, news, police by sally

“A UK police force that published a complaint it had received which included sensitive personal data was in breach of data protection laws, the Information Commissioner’s Office (ICO) has said.”

Full story

OUT-LAW.com, 21st July 2011

Source: www.out-law.com