Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) – WLR Daily

Posted January 4th, 2011 in inquests, law reports, legal representation by sally

Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) [2010] EWCA Civ 1479; [2010] WLR (D) 346

“The state’s obligation to conduct an effective investigation into a death (with the associated possible necessity to provide representation) did not arise in all cases where a death occurred while the deceased was in the care of the state but only in a much narrower range of cases where it was arguable that the state had breached its substantive obligations under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 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.

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) – WLR Daily

Posted January 4th, 2011 in enfranchisement, landlord & tenant, law reports, leases by sally

McHale and another v Cadogan and another (Cadogan Square Ltd intervening) [2010] EWCA Civ 1471; [2010] WLR (D) 345

“Qualifying tenants on exercise of their right to collective enfranchisement wishing to purchase the freehold interest would have their interests valued on the basis that the rights to enfranchisement did not exist.”

WLR Daily, 22nd December 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.

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar – WLR Daily

Posted January 4th, 2011 in EC law, immigration, imprisonment, law reports by sally

Carvalho v Secretary of State for the Home Department; Secretary of State for the Home Department v Omar [2010] EWCA Civ 1406; [2010] WLR (D) 344

“A short term of imprisonment on the part of an EEA worker during his first five years in the United Kingdom meant that the time needed to establish a right permanently to reside had to begin anew after his imprisonment had concluded.”

WLR Daily, 22nd December 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.

Clift v Slough Borough Council – WLR Daily

Posted January 4th, 2011 in defamation, law reports, privacy, privilege by sally

Clift v Slough Borough Council [2010] EWCA Civ 1171; [2010] WLR (D) 343

“Where a public authority had widely disclosed information about a person who had been in contact with its staff, both stating that she had been placed on its violent persons register and enclosing the entry itself, it was relevant, when looking to the applicability of qualified privilege, to have regard to the art 8 Convention rights of the person so identified and also to look to the proportionality of the disclosure itself.”

WLR Daily, 22nd December 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.

Regina v Twaite – WLR Daily

Posted January 4th, 2011 in courts martial, human rights, law reports, verdicts by sally

Regina v Twaite [2010] EWCA Crim 2973; [2010] WLR (D) 342

“Majority verdicts at a hearing before a Courts Martial were not, as a matter of principle, on that account alone to be regarded as blemished by unfairness or uncertainty or lack of safety.”

WLR Daily, 22nd December 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.

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department – WLR Daily

Posted January 4th, 2011 in forced marriages, human rights, immigration, law reports, marriage by sally

R (Aguilar Quila) v Secretary of State for the Home Department (Advice on Individual Rights in Europe and another intervening); R (Bibi) v Secretary of State for the Home Department [2010] EWCA Civ 1482; [2010] WLR (D) 341

“R 277 of the Statement of Changes in Immigration Rules, which prevented entry clearance to a party to a marriage where one spouse was a United Kingdom citizen and either party was aged under 21 years, was a disproportionate inhibition on family and private life and on the right to marry, guaranteed by arts 8 and 12 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 22nd December 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.

Asbos to be scrapped following review – Daily Telegraph

Posted January 4th, 2011 in ASBOs, news, nuisance by sally

“The Asbo is to be scrapped as part of a major review on tackling anti-social behaviour that will see a return to the common sense policing of yobs, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 4th January 2011

Source: www.telegraph.co.uk

UK faces legal challenge from family of Bangladeshi allegedly tortured by ‘death squad’ – the Guardian

Posted January 4th, 2011 in Bangladesh, intelligence services, news, torture by sally

“The British government faces a legal challenge over allegations it was complicit in the torture of Bangladeshi MP Salauddin Chowdhury, who was arrested by the country’s security forces earlier this month.”

Full story

The Guardian, 31st December 2010

Source: www.guardian.co.uk

Christmas Break

Posted December 21st, 2010 in news by sally

There will be no posts during the Inner Temple Library’s Christmas closed period which starts at 2pm on 21st December. We will resume posting on 4th January 2011.

BAE Systems fined for Tanzania accounting offence – BBC News

Posted December 21st, 2010 in false accounting, fines, fraud, news by sally

“BAE Systems has been fined £500,000 for failing to keep proper records of payments it made to an adviser in Tanzania.”

Full story

BBC News, 21st December 2010

Source: www.bbc.co.uk

Interim practice guidance: The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting – Judiciary of England and Wales

Posted December 21st, 2010 in internet, practice directions, press releases by sally

“Interim practice guidance: The use of live text-based forms of communication (including Twitter) from court for the purposes of fair and accurate reporting – Guidance from the Lord Chief Justice.”

Full guidance

Judiciary of England and Wales, 20th December 2010

Source: www.judiciary.gov.uk

Recent Statutory Instruments – legislation.gov.uk

Posted December 21st, 2010 in legislation by sally

The Non-Domestic Rating Contributions (Wales) (Amendment) Regulations 2010

The Marine and Coastal Access Act 2009 (Consequential Provisions) (Wales) (No. 2) Order 2010

The Non-Domestic Rating Contributions (England) (Amendment) Regulations 2010

The Data Protection (Processing of Sensitive Personal Data) (Elected Representatives) (Amendment) Order 2010

The Geneva Conventions Act (Guernsey) Order 2010

The National Assembly for Wales (Disqualification) Order 2010

The European Communities (Definition of Treaties) (Côte d’Ivoire Economic Partnership Agreement) Order 2010

The Policing and Crime Act 2009 (Commencement No. 7) Order 2010

The Crime and Security Act 2010 (Commencement No. 1) Order 2010

The Flexible Working (Eligibility, Complaints and Remedies) (Amendment) Regulations 2010

The Royal Forest of Dean College (Dissolution) Order 2010

The Superannuation Act 2010 (Repeal of Limits on Compensation) Order 2010

The Prescription Only Medicines (Human Use) Amendment Order 2010

The Scottish Parliament (Elections etc.) Order 2010

Source: www.legislation.gov.uk

BAILII: Recent Decisions

Posted December 21st, 2010 in law reports by sally

High Court (Administrative Court)

Hussain & Ors, R (on the application of) v Secretary of State for the Health Department [2010] EWHC 3351 (Admin) (20 December 2010)

Infocus Public Networks Ltd v Secretary of State for Communities and Local Government & Ors [2010] EWHC 3309 (Admin) (17 December 2010)

High Court (Chancery Division)

Ashdale Land and Property Company Ltd v Maioriello & Ors [2010] EWHC 3296 (Ch) (20 December 2010)

Macaria Investments Ltd v Sanders & Anor [2010] EWHC 3353 (Ch) (17 December 2010)

High Court (Commercial Court)

Hillside (New Media) Ltd v Baasland & Ors [2010] EWHC 3336 (Comm) (20 December 2010)

Source: www.bailii.org

R (Chester) v Secretary of State for Justice and another – WLR Daily

Posted December 21st, 2010 in elections, human rights, law reports, prisons by sally

“Removing the blanket ban on prisoners’ voting in elections, which was required by decisions of the European Court of Human Rights to comply with the Convention for the Protection of Human Rights and Fundamental Freedoms, involved a controversial area of social policy. It was for the Government to decide on the appropriate amending legislation to be enacted to comply with the law. The judiciary ought not to construe existing statutes so as to confer on the courts the function of deciding whether any given prisoner should lose his vote.”

Full story

WLR Daily, 20th December 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.

‘Airline’ man jailed for London to Durham flights scam – BBC News

Posted December 21st, 2010 in airlines, fraud, news, sentencing by sally

“A man who said he was setting up an airline to operate flights between London and Durham Tees Valley Airport has been jailed for fraud.”

Full story

BBC News, 20th December 2010

Source: www.bbc.co.uk

Raoul Moat’s alleged accomplices face attempted murder charges – The Guardian

Posted December 21st, 2010 in assisting offenders, attempted murder, attempts, murder, news by sally

“Two men accused of helping Raoul Moat will face charges of attempting to murder David Rathband, the police officer shot and blinded by the former bouncer, prosecutors have said.”

Full story

The Guardian, 20th December 2010

Source: www.guardian.co.uk

Virtual court scheme too expensive, says report – The Independent

Posted December 21st, 2010 in live link evidence, magistrates, news, pilot schemes by sally

“Rolling out virtual courts would cost more than it would save, a report found today. A pilot project, in which defendants appeared via video link from a police station for their first appearance at a magistrates’ court, cost £247 more per case than the traditional court process, the study for the Ministry of Justice found.”

Full story

The Independent, 21st December 2010

Source: www.independent.co.uk

Mother discovered in bed with 14-year-old boy is jailed – Daily Telegraph

Posted December 20th, 2010 in children, news, sentencing, sexual offences by sally

“A mother-of-two who was caught having sex with her 14-year-old schoolboy lover has been jailed for three years.”

Full story

Daily Telegraph, 20th December 2010

Source: www.telegraph.co.uk

Sussex police officer sentenced for false cash claim – BBC News

Posted December 20th, 2010 in fraud, news, police, sentencing by sally

“A former police officer has been given a suspended prison sentence after he tried to claim £3,500 handed in to police belonged to him.”

Full story

BBC News, 20th December 2010

Source: www.bbc.co.uk

Lord chief justice approves use of Twitter for court reporting – The Guardian

Posted December 20th, 2010 in courts, internet, news, telecommunications by sally

“Guidance follows district judge’s decision to allow tweeting of bail hearing for Julian Assange earlier this month.”

Full story

The Guardian, 20th December 2010

Source: www.guardian.co.uk