Most child offenders should not face court, says report – BBC News
“The government is being urged to end Crown Court trials for children in England and Wales.”
BBC News, 5th January 2011
Source: www.bbc.co.uk
Huscroft v P & O Ferries Ltd – WLR Daily
Huscroft v P & O Ferries Ltd [2010] EWCA Civ 148; [2010] WLR (D) 348
“CPR r 3.1(3), which permitted a court to attach conditions to the making of an order, was intended to control the future conduct of proceedings and not to punish previous misconduct.”
WLR Daily, 4th January 2011
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 C – WLR Daily
Regina v C [2010] EWCA Crim 2971; [2011] WLR (D) 347
“Where a defendant wished to challenge evidence of earlier convictions which the Crown sought to deploy as relevant to the question of whether the defendant was responsible for the commission of the offences for which he was on trial, the defendant’s bare assertion that he did not commit those earlier offences was inadequate; it was essential that the defendant provide a detailed defence statement identifying all the ingredients of the case which he proposed to advance for the purpose of discharging the evidential burden of proving that he did not commit the earlier offences.”
WLR Daily, 23rd 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.
Women win £200,000 payout over pill implant pregnancies – Daily Telegraph
“Nearly £200,000 in compensation has been paid to women who have become pregnant or been hurt after they were fitted with a popular contraceptive implant.”
Daily Telegraph, 5th January 2011
Source: www.telegraph.co.uk
Parliament’s expenses watchdog launches review – BBC News
“Parliament’s expenses watchdog is launching a public consultation after criticism over the way it is run.”
BBC News, 5th January 2011
Source: www.bbc.co.uk
For richer, but not necessarily for poorer – pre-nups to become law – The Independent
“Spectacular divorce battles like that which ensued after the break-up of Sir Paul McCartney and the model Heather Mills, costing the former Beatle £24.3m, are expected to be consigned to history after the Law Commission produces its long-awaited report on ‘pre nup’ agreements next week.”
The Independent, 5th January 2011
Source: www.independent.co.uk
Max Mosley’s privacy campaign reaches Strasbourg – The Guardian
“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.”
The Guardian, 4th January 2011
Source: www.guardian.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Abdulla & Ors v Birmingham City Council [2010] EWHC 3303 (QB) (17 December 2010)
High Court (Administrative Court)
Young v Oxford City Council [2010] EWHC 3337 (Admin) (17 December 2010)
Smout v The Welsh Ministers & Ors [2010] EWHC 3307 (Admin) (15 December 2010)
Government of South Africa v Dewani [2010] EWHC 3398 (Admin) (10 December 2010)
High Court (Technology and Construction Court)
Redwing Construction Ltd v Wishart [2010] EWHC 3366 (TCC) (22 December 2010)
Walter Llewellyn & Sons Ltd & Anor v Excel Brickwork Ltd [2010] EWHC 3415 (TCC) (22 December 2010)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Family Procedure Rules 2010
The Criminal Procedure (Amendment No. 2) Rules 2010
The Legislative and Regulatory Reform (Regulatory Functions) (Amendment) Order 2010
The Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Asbestos) Regulations 2010
The Wireless Telegraphy Act 2006 (Directions to OFCOM) Order 2010
The Air Navigation (Restriction of Flying) (London City Airport) (Revocation) Regulations 2010
The Education (Reintegration Interview) (Wales) Regulations 2010
The Children and Families (Wales) Measure 2010 (Commencement No. 3 and Savings Provision) Order 2010
The Education (Parenting Contracts and Parenting Orders) (Wales) Regulations 2010
The Motor Fuel (Composition and Content) and Merchant Shipping (Prevention of Air Pollution from Ships) (Amendment) Regulations 2010
The Higher Education (Basic Amount) (England) Regulations 2010
The Higher Education (Higher Amount) (England) Regulations 2010
The Academies Act 2010 (Commencement and Transitional Provisions) (Amendment) Order 2010
The Police Authority (Amendment No. 3) Regulations 2010
Source: www.legislation.gov.uk
Man who threw snowball at police faces second court hearing – The Guardian
“Dean Smith charged with common assault and case adjourned to give CPS time to decide whether to proceed with case.”
The Guardian, 3rd January 2011
Source: www.guardian.co.uk
Britain’s anti-terror control orders condemned as ‘trademark of despots’ – The Guardian
“A powerful coalition of human rights groups has intensified pressure on the government to abandon its use of control orders, as ministers continue to wrangle over whether to scrap the controversial counter-terrorism measure.”
The Guardian, 2nd January 2011
Source: www.guardian.co.uk
Regina (Humberstone) v Legal Services Commission (Lord Chancellor intervening) – WLR Daily
“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
“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
“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
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
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
“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
“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.”
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
“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.”
The Guardian, 31st December 2010
Source: www.guardian.co.uk
Christmas Break
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.
