Lord Carey intervenes in council prayers battle – The Guardian

Posted May 10th, 2010 in belief discrimination, Church of England, local government, news by sally

“The former archbishop of Canterbury, Lord Carey, today [7th May] backed the saying of prayers before council meetings as a pressure group prepared to launch a legal battle on the issue.”

Full story

The Guardian, 7th May 2010

Source: www.guardian.co.uk

UK policy on gay and lesbian asylum seekers challenged in Supreme Court – The Guardian

Posted May 10th, 2010 in asylum, homosexuality, news, Supreme Court by sally

“Laws which mean gay and lesbian asylum seekers can be returned to countries where they face persecution will be challenged tomorrow [10th May] in the UK’s highest court.”

Full story

The Guardian, 9th May 2010

Source: www.guardian.co.uk

Algerian terror suspect allowed to stay for children – Daily Telegraph

Posted May 10th, 2010 in appeals, children, deportation, news, terrorism by sally

“An Algerian terror suspect has been allowed to stay in Britain because attempts to remove him have taken so long his children are now settled here.”

Full story

Daily Telegraph, 9th May 2010

Source: www.telegraph.co.uk

Competition Commission clears music biz merger – OUT-LAW.com

Posted May 10th, 2010 in competition, mergers, news by sally

“The Competition Commission has given the all clear to a merger between two live music companies for the second time. Its first decision in the case was quashed by the Competition Appeal Tribunal (CAT).”

Full story

OUT-LAW.com, 7th May 2010

Source: www.out-law.com

Prisoners may be unpopular but they should still vote – The Times

Posted May 10th, 2010 in news by sally

“In October 2005, the Grand Chamber of the European Court of Human Rights decided that it is a breach of the European Convention on Human Rights for this country to disenfranchise all prisoners from voting in parliamentary and local elections.  At today’s general election, four and a half years later, that absolute ban persists.”

Full story

The Times, 6th May 2010

Source: www.timesonline.co.uk

Regina v Neish – WLR Daily

Posted May 10th, 2010 in appeals, confiscation, delay, law reports by sally
“The process whereby a judge gave instructions to the court listing office to relist the hearing of confiscation proceedings amounted to a postponement of the proceedings by the court of its own motion and was a valid postponement for the purposes of s 14 of the Proceeds of Crime Act 2002.”
WLR Daily, 7th May 2010
 
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina v Cooper (John) – WLR Daily

Posted May 10th, 2010 in appeals, evidence, law reports, perjury, witnesses by sally
“Where a defendant was charged with perjury, he could not be convicted solely on the evidence of a witness who relied on business records which he had prepared himself and which did not therefore represent independent evidence.”
WLR Daily, 7th May 2010

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

Recent Statutory Instruments – OPSI

Posted May 7th, 2010 in legislation by sally

The Safeguarding Vulnerable Groups Act 2006 (Prescribed Period and Appropriate Officer) (Wales) Regulations 2010

The Dormant Bank and Building Society Accounts Act 2008 (Prescribed Restrictions) (Wales) Order 2010

Source: www.opsi.gov.uk

Football fan Garry Mann ‘devastated’ to lose extradition battle – Independent

Posted May 7th, 2010 in extradition, news by sally

“England football fan Garry Mann was left ‘devastated’ today as he lost his final legal battle against extradition to Portugal, where he faces a two-year jail sentence.”

Full story

The Independent, 7th May 2010

Source: www.independent.co.uk

Smuggler of endangered birds’ eggs avoids jail – The Guardian

Posted May 7th, 2010 in birds, sentencing by sally

“An obsessive smuggler of wild birds’ eggs has avoided jail, to the disappointment of the Royal Society for the Protection of Birds, whose staff helped to track down his hoard.”

Full story

The Guardian, 7th May 2010

Source: www.guardian.co.uk

BAILII: recent Decisions

Posted May 7th, 2010 in law reports by sally

High Court (Administrative Court)

Berners, R (on the application of) v Council of the Criminal Matters Court Regional Court of Riga Latvia [2010] EWHC 1010 (Admin) (07 May 2010)

High Court (Queen’s Bench Division)

Tullett Prebon Plc & Ors v BGC Brokers LP & Ors [2010] EWHC 989 (QB) (06 May 2010)

Source: www.bailii.org

Regina (Clue) v Birmingham City Council and Others – Times Law Reports

Posted May 7th, 2010 in news by sally

Regina (Clue) v Birmingham City Council and Others

Court of Appeal

“A local authority was not entitled to decide how the Secretary of State for the Home Department might dispose of an application for leave to remain in the United Kingdom.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Al Rawi and Others v Security Service and Others – Times Law Reports

Posted May 7th, 2010 in law reports by sally

Al Rawi and Others v Security Service and Others

Court of Appeal

“The principle that a litigant should be able to see and hear all the evidence, seen and heard by a court determining his case, was so fundamental and so embedded in the common law, that, in the absence of parliamentary authority, it should not be overridden by a judge in an ordinary civil claim.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party – Times Law Reports

Posted May 7th, 2010 in law reports by sally

Regina (Association of the British Pharmaceutical Industry) v Medicines and Healthcare Products Regulatory Agency, The NHS Confederation (Employers) Co Ltd, interested party
Case C-62/09

Court of Justice of the European Union

“European Union law did not prevent national health authorities from introducing financial incentive schemes aimed at replacing the prescription of certain medicines by other and cheaper named medicines in the same therapeutic class, provided certain conditions were satisfied.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

NML Capital Ltd v Republic of Argentina – Times Law Reports

Posted May 7th, 2010 in law reports by sally

NML Capital Ltd v Republic of Argentina

Court of Appeal

“An English Court had no jurisdiction to enforce a United States court judgment since there was no treaty between the two countries for the mutual recognition and enforcement of judgments; the appropriate way was to bring an action on the judgment in England to enforce it.”

The Times, 7th May 2010

Source: www.timesonline.co.uk

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others – WLR Daily

Posted May 7th, 2010 in appeals, damages, fraud, law reports by sally

Parabola Investments Ltd and another v Browallia Cal Ltd (formerly Tangent Investments Ltd) and others [2010] EWCA Civ 486; [2010] WLR (D) 114

“The damages recoverable by a claimant whose investment fund had been depleted by fraud included not only the loss to the original amount invested during the period of the fraud and the profits that would have been made on it, but also the loss of those profits that would have would have been made from investment of the lost money in the period after the discovery of the fraud until the date of trial.”

WLR daily, 6th May 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.

Farstad Supply AS v Enviroco Ltd – WLR Daily

Farstad Supply AS v Enviroco Ltd [2010] UKSC 18; [2010] WLR (D) 113

“A requirement in a charterparty for the owner to indemnify the charterer against claims resulting from loss or damage in relation to the vessel was not limited to a requirement for the owner to reimburse claims against the charterer by third parties but precluded the owner from recovering damages from the charterer in respect of the charterer’s own negligence. It followed that where it was alleged that the charterer and a third party had jointly caused damage to the vessel whilst it was berthed in Scotland and, because of the indemnity agreement, the owner sued only the third party in the Scots courts, the third party would not be able to claim a contribution under s 3(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 from the charterer as a ‘person who, if sued, might also have been held liable’.”

WLR Daily, 6th May 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 Y (A) – WLR Daily

Posted May 7th, 2010 in appeals, law reports, reasons, self-defence, terrorism by sally

Regina v Y (A) [2010] EWCA Crim 762;  [2010] WLR (D) 112

“Where a person possessed information likely to be useful to a terrorist within the meaning of s 58(1) of the Terrorism Act 2000, the fact that the possession was for the purpose of lawful self-defence which was solely defensive was capable of amounting to the statutory defence of reasonable excuse under s 58(3) of the 2000 Act, to an offence of possession under s 58(1).”

WLR Daily, 6th May 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.

Al Rawi and others v Security Service and others – WLR daily

Al Rawi and others v Security Service and others [2010] EWCA Civ 482; [2010] WLR (D) 111

“It was not open to a court in England and Wales, in the absence of statutory power to do so or, arguably, agreement between the parties that the case should proceed on such a basis, to order a closed material procedure in respect of the trial of an ordinary civil claim such as a claim for damages for tort or breach of statutory duty.”

WLR Daily, 5th May 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.

Man jailed for killing fundraiser in Cwmbran – BBC news

Posted May 7th, 2010 in alcohol abuse, assault, murder, news, sentencing by sally

“A steelworker has been jailed for three years after killing a financial adviser who was out fundraising with his friends for a local football team.”

Full story

BBC News,6th May 2010

Source: www.bbc.co.uk