Gulf International Ltd v Groupe Chimique Tunisien – Times Law Reports

Posted March 3rd, 2010 in law reports by sally

Gulf International Ltd v Groupe Chimique Tunisien

Court of Appeal

“An English court could restrain a party to a contract governed by English law from instituting any action in a foreign court contrary to an arbitration agreement in the contract.”

The Times, 3rd March 2010

Source: www.timesonline.co.uk

Aborigines to sue British Government over nuclear tests – Daily Telegraph

Posted March 3rd, 2010 in class actions, compensation, news, nuclear weapons by sally

“Australian aborigines and former servicemen are to sue the British Ministry of Defence over diseases and disabilities that they claim were caused by nuclear testing in the Outback more than 50 years ago.”

Full story

Daily Telegraph, 2nd March 2010

Source: www.telegraph.co.uk

Peers vote to allow homosexuals to marry in church – Daily Telegraph

Posted March 3rd, 2010 in bills, civil partnerships, news, sexual orientation discrimination by sally

“Homosexuals may be allowed to hold civil partnership ceremonies in churches after the House of Lords voted in favour of scrapping a ban on same-sex religious unions.”

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Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

UK violated jailed Iraqis’ rights – The Independent

Posted March 3rd, 2010 in human rights, Iraq, news by sally

“The Government was found guilty yesterday of violating the human rights of two Iraqis accused of murdering two captive British soldiers in 2003.”

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The Independent, 3rd March 2010

Source: www.independent.co.uk

Cornish bible student jailed in road rage knife row – BBC News

Posted March 3rd, 2010 in compensation, news, offensive weapons, wounding by sally

“A bible student who threatened a dustman with a knife during a road rage incident has been jailed for 15 months.”

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BBC News, 2nd March 2010

Source: www.bbc.co.uk

More than 150 children convicted of crimes every day – Daily Telegraph

Posted March 3rd, 2010 in children, crime, news, young offenders by sally

“More than 150 children are convicted every day of crimes including violent assaults and burglary, with some offenders as young as 10 years-old.”

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Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

The Big Question: Is the Yorkshire Ripper going to be released early from prison? – The Independent

Posted March 3rd, 2010 in early release, mental health, murder, news, sentencing by sally

“Why are we asking this now?

The serial killer Peter Sutcliffe, who was given 20 life sentences in 1981 for murdering 13 women – he was known as the Yorkshire Ripper because he mutilated his victims’ bodies with a sharpened screwdriver – has applied to the High Court for a ruling on how much longer he must serve in jail.”

Full story

The Independent, 3rd March 2010

Source: www.independent.co.uk

‘Sarah’s law’ pilot scheme prompts revenge fears – The Guardian

Posted March 3rd, 2010 in grandparents, news, parental rights, pilot schemes, sexual offences by sally

“Fathers raising concerns about their ex-partner’s new boyfriends are one of the largest groups applying for public disclosure of details of convicted child sex offenders under a newly completed pilot scheme.”

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The Guardian, 3rd March 2010

Source: www.guardian.co.uk

Police condemned for asking a judge to give lenient sentences to burglars – Daily Telegraph

Posted March 3rd, 2010 in burglary, news, police, sentencing by sally

“Police have been condemned for asking a judge to give lenient sentences to burglars who had helped officers to clear their books.”

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Daily Telegraph, 3rd March 2010

Source: www.telegraph.co.uk

Ex-army sergeant ‘directed’ webcam child abuse – BBC News

“An ex-army sergeant has been jailed for five years for directing child sex abuse films thousands of miles away via his webcam.”

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BBC News, 2nd March 2010

Source: www.bbc.co.uk

The Human Rights Act does protect us – The Guardian

Posted March 3rd, 2010 in human rights, legislation, news by sally

“Bills of rights serve many purposes. In young nations they can help heal wounds and bring formerly warring factions together. In older democracies, a clear articulation of hard-won freedoms should ward off complacency and remind a society of its foundations. In either event, no bill, charter, declaration or rights act is worth its salt unless it goes some way towards protecting the vulnerable from neglect of duty and abuse of power.”

Full story

The Guardian, 2nd March 2010

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted March 3rd, 2010 in legislation by sally

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2010

The Additional Paternity Leave Regulations 2010

The Additional Statutory Paternity Pay (General) Regulations 2010

The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010

The Additional Paternity Leave (Adoptions from Overseas) Regulations 2010

The Pensions Regulator (Contribution Notices) (Sum Specified following Transfer) Regulations 2010

The Damages-Based Agreements Regulations 2010

The Atomic Weapons Establishment (AWE) Burghfield Byelaws 2010

The Buckinghamshire Hospitals National Health Service Trust (Trust Funds: Appointment of Trustees) Revocation Order 2010

The Pensions Act 2008 (Commencement No. 6) Order 2010

The Electricity (Exemption from the Requirement for a Generation Licence) (Keadby) (England and Wales) Order 2010

The NHS Professionals Special Health Authority (Abolition) Order 2010

The Electricity (Exemption from the Requirement for a Generation Licence) (Millennium and Kilbraur) (Scotland) Order 2010

The Fish Labelling (England) Regulations 2010

The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010

The Healthy Start Scheme and Welfare Food (Amendment) Regulations 2010

The Trade Union Ballots and Elections (Independent Scrutineer Qualifications) (Amendment) Order 2010

The Recognition and Derecognition Ballots (Qualified Persons) (Amendment) Order 2010

The Social Security (Persons Serving a Sentence of Imprisonment Detained in Hospital) Regulations 2010

The Social Security (Notification of Changes of Circumstances) Regulations 2010

The Education (Student Support) (European University Institute) Regulations 2010

The London Skills and Employment Board (Specified Functions) Order 2010

The Finance Act 2009, Schedule 56 (Appointed Day and Consequential Provisions) Order 2010

The Town and Country Planning (Fees for Applications and Deemed Applications) (Amendment) (England) Regulations 2010

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted March 3rd, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Franked Investment Group Litigation Test Claimants v Inland Revenue & Anor [2010] EWCA Civ 103 (23 February 2010)

Higgins & Anor v The Crown [2010] EWCA Crim 308 (24 February 2010)

Attorney General Refrence No 101 of 2009 [2010] EWCA Crim 238 (10 February 2010)

Tomkins, R. v [2010] EWCA Crim 244 (05 February 2010)

Irving, R. v [2010] EWCA Crim 189 (04 February 2010)

McCreesh & Anor, R. v [2010] EWCA Crim 314 (12 February 2010)

B, R. v (Rev 1) [2010] EWCA Crim 315 (12 February 2010)

Chisholm,R. v [2010] EWCA Crim 258 (03 February 2010)

Source: www.bailii.org

In re Stanford International Bank Ltd (in liquidation) – WLR Daily

In re Stanford International Bank Ltd (in liquidation) [2010] EWCA Civ 137; [2010] WLR (D) 55

“The centre of main interest of a company, for the purposes of recognition of a foreign main proceeding in cross-border insolvency proceedings, was to be identified by reference to factors which were both objective and ascertainable by third parties, not by applying the head office functions test.”

WLR Daily, 1st March 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.

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard – Times Law Reports

Posted March 2nd, 2010 in law reports by sally

Global Process Systems Inc and Another v Syarikat Takaful Malaysia Berhard

Court of Appeal

“Perils of the sea were not to be equated with inherent vice of the cargo when assessing whether a marine loss was excluded from an all-risks policy of insurance.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another – Times Law Reports

Posted March 2nd, 2010 in forfeiture, law reports by sally

Regina (Perinpanathan) v City of Westminster Magistrates Court and Another

Court of Appeal

“Magistrates were entitled not to order the police to pay the costs of a claimant who had successfully defended a forfeiture case on the ground that the police had reasonably and properly brought the proceedings in the public interest.”

The Times, 2nd March 2010

Source: www.timesonline.co.uk

Muggers who throttled victims ordered to pay £560,000 – BBC News

Posted March 2nd, 2010 in compensation, news, sentencing, theft by sally

“Two muggers have been ordered to pay more than £560,000 after police were unable to recover many of the valuables they snatched.”

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BBC News, 1st March 2010

Source: www.bbc.co.uk

Lords angered over three strikes rule for filesharers – The Guardian

Posted March 2nd, 2010 in bills, copyright, internet, news, penalties by sally

“The government’s plans to disconnect file sharers from the internet have come in for heavy criticism in parliament, amid claims that ministers are attempting to rush legislation through without proper oversight.”

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The Guardian, 2nd March 2010

Source: www.guardian.co.uk

Justice must be seen to be done, rules judge – The Times

Posted March 2nd, 2010 in news by sally

“The legal moves towards freedom made by Peter Sutcliffe have been shrouded in secrecy for the past 15 months.”

Full story

The Times, 2nd March 2010

Source: www.timesonline.co.uk

GMC begins consultation on MOT for doctors – The Guardian

Posted March 2nd, 2010 in consultations, doctors, news by sally

“A proposed five-year MOT for doctors could enable regulators to spot poor performers in good time and prevent disasters such as the death of David Gray following an overdose of diamorphine by locum GP Dr Daniel Ubani.”

Full story

The Guardian, 1st March 2010

Source: www.guardian.co.uk