Prisoners lose voting compensation bid – The Independent

Posted February 18th, 2011 in elections, human rights, news, prisons by sally

“The High Court has blocked a compensation bid by prisoners barred from voting in last year’s general election.  Claims have been launched in county courts nationwide by 585 serving prisoners, with another 1,000 potential cases in the pipeline, Mr Justice Langstaff was told in London.”

Full story

The Independent, 18th February 2011

Source: www.independent.co.uk

Recent Statutory Instruments – legislation.gov.uk

Posted February 18th, 2011 in legislation by sally

The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2011

The Marine Licensing (Exempted Activities) Order 2011

The Rotherham (Electoral Changes) Order 2011

The Marine and Coastal Access Act 2009 (Amendment) Regulations 2011

The New Forest (Electoral Changes) Order 2011

The Food Labelling (Declaration of Allergens) (England) Regulations 2011

The Wireless Telegraphy (Mobile Communication Services on Board Ships) (Exemption) Regulations 2011

Source: www.legislation.gov.uk

History of corporate manslaughter: five key cases – Daily Telegraph

Posted February 18th, 2011 in corporate manslaughter, news by sally

“Following Cotswold Geotechnical’s landmark £385,000 fine on Thursday for corporate manslaughter we take a look back at five key cases.”

Full story

Daily Telegraph, 18th February 2011

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted February 18th, 2011 in legislation by sally

High Court (Chancery Division)

The Royal Bank Of Scotland Plc v Hicks & Ors [2011] EWHC 287 (Ch) (17 February 2011)

High Court (Commercial Court)

British Arab Commercial Bank Plc v Bank of Communications & Anor [2011] EWHC 281 (Comm) (17 February 2011)

Global Distressed Alpha Fund 1 Ltd Partnership v PT Bakrie Investindo [2011] EWHC 256 (Comm) (17 February 2011)

High Court (Queen’s Bench Division)

EB v Haughton [2011] EWHC 279 (QB) (17 February 2011)

Amin & Anor v Mullings & Anor [2011] EWHC 278 (QB) (17 February 2011)

High Court (Technology and Construction Court)

Liberty Syndicate Management & Anor v Campagna Ltd & Anor [2011] EWHC 209 (TCC) (09 February 2011)

Source: www.bailii.org

Stonham v Ramrattan and another – WLR Daily

“Section 283A of the Insolvency Act 1986, which gave a trustee in bankruptcy three years from the date of the bankruptcy to decide what to do about any interest in a house inhabited by the bankrupt or their current or former spouse or civil partner, was concerned only with property which actually formed part of the bankrupt’s estate at the time at the commencement of the bankruptcy. It did not apply to property currently vested in a third party but in respect of which a claim to set aside a transaction at an undervalue might be made under section 339 of the 1986 Act, in respect of which the limitation period remained the 12 years provided for under section 8 of the Limitation Act 1980.”
WLR Daily, 17th February 2011
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Recent Statutory Isntrumetns – legislation.gov.uk

Posted February 18th, 2011 in legislation by sally

The Crime and Security Act 2010 (Commencement No.3) Order 2011

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revision of Codes A, B and D) Order 2011

The Serious Organised Crime and Police Act 2005 (Commencement No.14) Order 2011

The Registrar of Companies (Fees) (European Economic Interest Grouping) (Amendment) Regulations 2011

The Registrar of Companies (Fees) (Companies, Overseas Companies and Limited Liability Partnerships) (Amendment) Regulations 2011

The Registrar of Companies (Fees) (Limited Partnerships) (Amendment) Regulations 2011

The Air Navigation (Overseas Territories) (Amendment) Order 2011

The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2011

 The CRC Energy Efficiency Scheme (Amendment) Order 2011

The Employment and Support Allowance (Limited Capability for Work and Limited Capability for Work-Related Activity) (Amendment) Regulations 2011

Source: www.legislation.gov.uk

New Push for LGB and T equality will allow civil partnerships in religious buildings – Home Office

Posted February 18th, 2011 in civil partnerships, equality, homosexuality, marriage, press releases by sally

“As part of its commitment to advancing equality for lesbian, gay, bisexual and transgender (LGB and T) people, the government will today announce that religious buildings will be allowed to host civil partnership registrations.”

Full press release

Home Office, 17th February 2011

Source: www.homeoffice.gov.uk

Phone hacking: police hand over evidence they claimed did not exist – The Guardian

Posted February 18th, 2011 in evidence, interception, news, police, telecommunications by sally

“The Metropolitan police have been accused of misleading behaviour in the phone-hacking scandal after handing over evidence they had twice claimed did not exist.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Solicitor suspended over 19-year estate delay – Law Society’s Gazette

Posted February 18th, 2011 in delay, disciplinary procedures, news, professional conduct, solicitors by sally

“A Suffolk solicitor was suspended from practice last week after taking 19 years to settle a spinster’s estate.”

Full story

Law Society’s Gazette, 17th February 2011

Source: www.lawgazette.co.uk

Lawyer wins £10,000 damages from Solicitors from Hell owner – Law Society’s Gazette

Posted February 18th, 2011 in damages, defamation, internet, news, solicitors by sally

“A judge has condemned the owner of the Solicitors from Hell website for his conduct when committing a serious libel against a young solicitor.”

Full story

Law Society’s Gazette, 17th February 2011

Source: www.lawgazette.co.uk

Crawley brawl machete attacker Antonio Batsimba jailed – BBC News

Posted February 18th, 2011 in assault, news, offensive weapons, sentencing by sally

“A 22-year-old man has been given an indeterminate prison sentence for a machete attack in Crawley town centre which left three men seriously injured.”

Full story

BBC News, 17th February 2011

Source: www.bbc.co.uk

Football fan jailed for punching Stevenage player at FA Cup tie – The Guardian

Posted February 18th, 2011 in assault, news, sentencing, sport by sally

“A football fan who ran on to the pitch and punched a player has been jailed for 12 weeks. Robert Fitzgerald, 24, was also banned from attending regulated football matches in England and Wales for six years after assaulting Stevenage defender Scott Laird.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Burglar shot by householder got ‘summary justice’ rules judge – Daily Telegraph

Posted February 18th, 2011 in burglary, news, self-defence, weapons by sally

“A burglar shot by a man defending his home was told by a judge that he had just received summary justice.”

Full story

Daily Telegraph, 18th February 2011

Source: www.telegraph.co.uk

Only dictators defy European rights law, judge tells Britain – Daily Telegraph

Posted February 18th, 2011 in elections, human rights, news, prisons by sally

“Europe’s most senior judge faced fierce criticism last night after suggesting that Britain would resemble a 1960s Greek dictatorship if it denied prisoners the vote and ignored human rights rulings.”

Full story

Daily Telegraph, 18th February 2011

Source: www.telegraph.co.uk

Regina (Hertfordshire County Council) v Hammersmith and Fulham London Borough Council – WLR Daily

Posted February 18th, 2011 in community care, detention, law reports, local government, mental health by sally
“A  mental patient who was compulsorily detained under the Mental Health Act 1983 was not thereby to be treated as ‘resident’ in the local authority within whose area he was detained. On a proper construction of section 117(3) of the 1983 Act the patient’s ‘residence’ was distinct from his place of detention. Section 117 of the 1983 Act was the appropriate section, rather than section 21 of the National Assistance Act 1948, to determine which authority should have the responsibility of paying for the patient’s after-care accommodation.”
WLR Daily, 16th February 2011

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Sex crime entertainer Jason Gaunt ‘acted like teenager’ – BBC News

Posted February 17th, 2011 in child abuse, indecent photographs of children, mental health, news by sally

“A children’s entertainer cannot be sentenced for sex offences against boys until a psychological assessment has taken place, a judge has said.”

Full story

BBC news, 17th February 2011

Source: www.bbc.co.uk

MI5 accused of ‘gagging’ justice – The Independent

Posted February 17th, 2011 in inquests, intelligence services, news, terrorism, verdicts by sally

“Lawyers for families of those killed in the 7/7 bombings suggest MI5 is trying to ‘gag’  justice by restricting the verdicts of the inquest into the attacks.”

Full story

The Independent, 17th February 2011

Source: www.independent.co.uk

Judge tells burglar bitten by police dog: ‘Good, I hope it hurt’ – Daily Telegraph

Posted February 17th, 2011 in burglary, news, sentencing, theft by sally

“On being told that the 8 year old German Shepherd Zak had sunk his teeth into a thief’s buttock, Judge Julian Lambert exclaimed ‘Good! I hope it hurt. Well done Zak!’ Last month Judge Lambert spoke out against the current ‘soft’ sentencing guidelines which prevented him jailing a burglar in Bristol. He said the guidelines which suggested a community order for the burglar were ‘wet’ and he added ‘We live in soft times.’  But sitting at Gloucester Crown court today the judge had no hesitation in locking up persistent thief John Davies for nine months.”

Full story

Daily Telegraph, 17th February 2011

Source:  www.telegraph.co.uk

Tom Hicks wins right to pursue damages over Liverpool sale – The Guardian

Posted February 17th, 2011 in damages, injunctions, news, sport by sally

“Tom Hicks, the former Liverpool owner, has been given the chance to launch damages claims over the sale of the Premier League club after orders barring action in the United Stated were partially lifted by a high court judge in London.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted February 17th, 2011 in law reports by sally

Court of Appeal (Civil Division)

Winwood& Ors v Biffa Waste Services Ltd & Anor [2011] EWCA Civ 108 (17 February 2011)

Stonham v Ramrattan & Anor [2011] EWCA Civ 119 (16 February 2011)

O (Children) [2011] EWCA Civ 128 (16 February 2011)

High Court (Administrative Court)

Abdul & Ors v Director of Public Prosecutions [2011] EWHC 247 (Admin) (16 February 2011)

Lunn & Ors, R (on the application of) v HM Revenue and Customs [2011] EWHC 240 (Admin) (16 February 2011)

Renaissance Habitat Ltd, R (on the application of) v West Berkshire District Council [2011] EWHC 242 (Admin) (16 February 2011)

High Court (Chancery Division)

Sompo Japan Insurance Inc [2011] EWHC 260 (Ch) (16 February 2011)

Cosco Bulk Carrier Co Ltd v Armada Shipping SA & Anor [2011] EWHC 216 (Ch) (11 February 2011)

High Court (Commercial Court)

Wightlink Ltd v Mitchell Diesel Ltd (t/a Mitchell Power Systems) [2011] EWHC 241 (Comm) (14 February 2011)

Nanjing Tianshun Shipbuilding Co Ltd v Orchard Tankers PTE Ltd [2011] EWHC 164 (Comm) (11 February 2011)

Chalabi & Ors v Jaffar & Anor [2011] EWHC 203 (Comm) (11 February 2011)

INEOS Manufacturing Scotland Ltd. v Grangemouth Chp Ltd & Anor [2011] EWHC 163 (Comm) (11 February 2011)

High Court (Queen’s Bench Division)

Chvetsov v Matuzny [2011] EWHC 248 (QB) (16 February 2011)

Source: www.bailii.org