Current Awareness

“British servicemen who filmed hundreds of interrogation sessions at a secret prison near Basra which has been described as ‘the UK’s Abu Ghraib’ may be guilty of war crimes, the high court heard today.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Address to the Bar Council conference: Control orders – Speech by Mr Justice Silber

Posted November 9th, 2010 in control orders, speeches by sally

Control Orders (PDF)

Speech by Mr Justice Silber

25th Annual Bar Conference, 6th November 2010

Source: www.judiciary.gov.uk

Oldham East byelection delayed as Phil Woolas seeks judicial review – The Guardian

Posted November 9th, 2010 in disciplinary procedures, elections, judicial review, news, parliament by sally

“A byelection to select a new MP for Oldham East and Saddleworth has been put on hold pending the outcome of an attempt by Phil Woolas, who won the seat for Labour in May, to overturn a court decision ruling his election void.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Bar Conference lecture: The tyranny of the consumer or the rule of law – Speech by Lord Neuberger

Posted November 9th, 2010 in alternative business structures, consumer protection, rule of law, speeches by sally

The tyranny of the consumer or the rule of law (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

25th Annual Bar Conference, 6th November 2010

Source: www.judiciary.gov.uk

Disabled prisoner to be paid £20,000 for discrimination at Belmarsh – The Guardian

Posted November 9th, 2010 in damages, disability discrimination, news, prisons by sally

“The prison service is to pay out £20,000 in damages to a prisoner who uses a wheelchair in compensation for the ‘degrading’ treatment he received while in Belmarsh jail in London.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Gay man and woman in court battle over children – The Independent

Posted November 8th, 2010 in homosexuality, news, parental rights by sally

“A gay man and woman are fighting a bitter court battle over their two children born by artificial insemination.”

Full story

The Independent, 8th November 2010

Source: www.independent.co.uk

High Court strips injunction celebrity of anonymity – OUT-LAW.com

Posted November 8th, 2010 in anonymity, freedom of expression, injunctions, news, privacy by sally

“The High Court has ordered the identity of a celebrity to be revealed, though it has ordered that information about his private life must remain secret. The celebrity, known in the case as JIH, will be named if an appeal fails.”

Full story

OUT-LAW.com, 8th November 2010

Source: www.out-law.com

Rape case woman to appeal against jailing for withdrawing allegations – The Guardian

Posted November 8th, 2010 in appeals, news, perverting the course of justice, rape by sally

“A woman jailed for ‘falsely retracting’ allegations that she had been raped six times by her husband will today lodge an appeal against her eight-month prison sentence.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Foreign prisoners face transfer under new plans – The Independent

Posted November 8th, 2010 in news, transfer of prisoners by sally

“Thousands of foreign prisoners will be sent back to serve their sentences in their own countries under Government plans, it emerged today.”

Full story

The Independent, 8th November 2010

Source: www.independent.co.uk

New legal aid court challenge set to proceed – Law Society’s Gazette

Posted November 8th, 2010 in legal aid, news, protective costs orders, tenders by sally

“A High Court judge has refused an injunction that could have further delayed the start of the new mental health and public law legal aid contracts – but awarded a protective costs order to enable a legal challenge to the two Legal Services Commission tender processes.”

Full story

Law Society’s Gazette, 8th November 2010

Source: www.lawgazette.co.uk

BNP in high court showdown over ‘racist’ party constitution – The Guardian

Posted November 8th, 2010 in news, political parties, race discrimination by sally

“The British National party faces having some or all of its assets seized in the high court today as part of a showdown with the equality and human rights watchdog.”

Full story

The Guardian, 8th November 2010

Source: www.guardian.co.uk

Judge who bailed rape accused ‘blamed’ for nurse murder – BBC News

Posted November 8th, 2010 in bail, murder, news, rape by sally

“The parents of a nurse killed by her ex-boyfriend while he was on bail for alleged rape have called for the judge who freed him to be investigated.”

Full story

BBC News, 8th November 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted November 8th, 2010 in law reports by sally

Court of Appeal (Criminal Division)

C, R v [2010] EWCA Crim 2578 (04 November 2010)

Qazi & Anor, R v [2010] EWCA Crim 2579 (04 November 2010)

Court of Appeal (Civil Division)

HHY Luxembourg Sarl & Anr v Barclays Bank Plc & Ors [2010] EWCA Civ 1248 (22 October 2010)

High Court (Queen’s Bench Division)

Eurocall Ltd v Energis Communications Ltd & Anor [2010] EWHC 2790 (QB) (04 November 2010)

Jaison Property Development Co Ltd v Swinhoe [2010] EWHC 2467 (QB) (15 October 2010)

Thornley v Ministry Of Defence [2010] EWHC 2584 (QB) (14 October 2010)

JXF v York Hospitals NHS Foundation Trust [2010] EWHC 2800 (QB) (04 November 2010)

JIH v News Group Newspapers Ltd [2010] EWHC 2818 (QB) (05 November 2010)

Watkins v Woolas [2010] EWHC 2702 (QB) (05 November 2010)

High Court (Chancery Division)

The Prudential Assurance Company Ltd & Ors v Revenue & Customs [2010] EWHC 2811 (Ch) (05 November 2010)

Bank of Scotland v Hussain & Anor [2010] EWHC 2812 (Ch) (05 November 2010)

White v Davenham Trust Ltd [2010] EWHC 2748 (Ch) (01 November 2010)

Fattal & Ors v Walbrook Trustees (Jersey) Ltd & Ors [2010] EWHC 2767 (Ch) (03 November 2010)

High Court (Administrative Court)

Smith, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 2774 (Admin) (22 October 2010)

On Line Design and Engineering Ltd, R (on the application of) v Engineering Construction Industry Training Board [2010] EWHC 2776 (Admin) (22 October 2010)

Omar v Secretary of State for the Home Department [2010] EWHC 2792 (Admin) (05 November 2010)

Naik v Secretary of State for the Home Department & Anor [2010] EWHC 2825 (Admin) (05 November 2010)

High Court (Commercial Court)

Guangzhou Dockyards Co Ltd v ENE Aegiali I [2010] EWHC 2826 (Comm) (05 November 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted November 8th, 2010 in legislation by sally

The National Minimum Wage (Amendment) (No.2) Regulations 2010

The Education and Inspections Act 2006 (Commencement No. 6) (Wales) Order 2010

The Child Minding and Day Care (Inspection and Information for Local Authorities) (Wales) Regulations 2010

The Adult Placement Schemes (Wales) (Miscellaneous Amendments) Regulations 2010

Source: www.legislation.gov.uk

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners – WLR Daily

Posted November 8th, 2010 in customs and excise, detention, law reports by sally

Eastenders Cash and Carry plc and another v Revenue and Customs Commissioners [2010] EWHC 2797 (Admin); [2010] WLR (D) 282

“The power of detention contained in s 139(1) of the Customs and Excise Management Act 1979 was not limited to cases in which the goods in question were goods on which duty had not in fact been paid, but also covered cases in which there were reasonable grounds for suspecting that duty might not have been paid on the goods.”

WLR Daily, 5th November 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.

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS – WLR Daily

Posted November 8th, 2010 in conflict of laws, jurisdiction, law reports, service by sally

Debt Collect London Ltd and another v SK Slavia Praha-fotbal AS [2010] EWCA Civ 1250; [2010] WLR (D) 281

“The proviso in art 30.1 of Council Regulation (EC) No 44/2001 on jurisdiction and the recognition of judgments in civil and commercial matters (the Judgments Regulation) disapplied the general rule that the court was deemed to be seised of proceedings when they were lodged. Its effect, in a case where there had been a continuing failure by the claimant, having lodged proceedings in the court of one member state, to take the further step of paying the court fee which was required before service could be effected, was to enable the court of another member state in which proceedings had later been issued nevertheless to be deemed to have been first seised of proceedings between the same parties.”

WLR Daily, 5th November 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.

Ken Clarke to close six jails as he insists inmate numbers will fall – The Guardian

Posted November 8th, 2010 in news, prisons by sally

“Around 5,000 prison cells will be lost and 10,000 jobs across the Prison Service will be axed under a government plan to shut six jails in England and Wales.”

Full story

The Guardian, 6th November 2010

Source: www.guardian.co.uk

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