Out of court disposals warning – Law Society’s Gazette
“Too many cases are being dealt with by out of court disposals where the police are acting as prosecutor and judge, a Court of Appeal judge said last week.”
Law Society’s Gazette, 9th December 2010
Source: www.lawgazette.co.uk
Childless couples win the right to pay surrogate mothers – Daily Telegraph
“Childless couples will be able to pay surrogate mothers large sums of money to have babies for them, following a landmark High Court ruling.”
Daily Telegraph, 8th December 2010
Source: www.telegraph.co.uk
Secretive court opens doors to journalists – The Independent
“One of Britain’s most secretive courts opened itself to public scrutiny yesterday after a High Court judge lifted reporting restrictions on work done by a hitherto-closed corner of the British justice system.”
The Independent, 9th December 2010
Source: www.independent.co.uk
Benefits repayment case upheld by Supreme Court – BBC News
“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
O’ Shea v R. [2010] EWCA Crim 2879 (06 December 2010)
Court of Appeal (Civil Division)
Lancashire County Council v Environmental Waste Controls Ltd [2010] EWCA Civ 1381 (07 December 2010)
Valentine v Transport for London & Anor [2010] EWCA Civ 1358 (07 December 2010)
High Court (Family Division)
Jane (A Child), Re [2010] EWHC 3221 (Fam) (November 2010)
High Court (Commercial Court)
Source: www.bailii.org
Recent Statutory Instruments – legislation.gov.uk
The Ecclesiastical Offices (Terms of Service) (Consequential and Transitional Provisions) Order 2010
The Ecclesiastical Offices (Terms of Service) (Amendment) (No.2) Regulations 2010
The Agricultural Holdings (Units of Production) (Wales) Order 2010
The Child Minding and Day Care Exceptions (Wales) Order 2010
The Corporation Tax Act 2010 (Amendment) Order 2010
The Taxation (International and Other Provisions) Act 2010 (Amendment) Order 2010
The Northern Ireland Assembly (Elections) (Amendment) Order 2010
Source: www.legislation.gov.uk
Nativity photos not against law, says data watchdog – BBC News
“Parents should be free to photograph their children in nativity plays, the Information Commissioner has said.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
Will mediation replace solicitors in divorce proceedings? – BBC News
“Divorce can be a highly complex issue and many people going through it feel legal representation is vital. Until now, legal aid has been available to fund it, but new legislation means it will no longer be available in England and Wales.”
BBC News, 8th December 2010
Source: www.bbc.co.uk
Sentencing reform to focus on reoffending – The Independent
“Thousands of offenders will avoid jail under an overhaul of sentencing powers that will focus on cutting reoffending.”
The Independent, 7th December 2010
Source: www.independent.co.uk
Related link: Sentencing and rehabilitation: government proposals for reform
Woman who concealed stillborn babies avoids jail – The Independent
“A woman who concealed the births of four stillborn babies and kept three of them in her wardrobe for two decades escaped jail today.”
The Independent, 7th December 2010
Source: www.independent.co.uk
Family anger at IPCC and police after failings that led to mother’s murder – The Guardian
“Relatives of Maria Stubbings plan action after Essex force failed to inform mother that her new partner was a convicted killer.”
The Guardian, 7th December 2010
Source: www.guardian.co.uk
Should justice be televised? – Legal Week
“The head of Sky News has argued in a new Guardian article that justice must be televised as allowing TV cameras in court would help restore public faith in criminal proceedings.”
Legal Week, 6th December 2010
Source: www.legalweek.com
Regina v Webster – WLR Daily
Regina v Webster [2010] EWCA Crim 2819; [2010] WLR (D) 216
“The reverse onus of proof which s 2 of the Prevention of Corruption Act 1916 effected on a prosecution for an offence contrary to s 1(2) of the Public Bodies Corrupt Practices Act 1889, placing on the defendant the legal burden of disproving guilt was no longer necessary and the means of imposition were unreasonable and disproportionate, and so it unjustifiably interfered with the presumption of innocence provided by art 6(2) of he Convention for the Protection of Human Rights and Fundamental Freedoms. It should therefore be read down pursuant to s 3 of the Human Rights Act 1998 so as to impose a merely evidential burden on the defendant.”
WLR Daily, 6th 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 (Diep) v Chief Land Registrar – WLR Daily
Regina (Diep) v Chief Land Registrar [2010] WLR (D) 215
“The policy of the Land Registry in dealing with applications for registration of title to unregistered land based on adverse possession, as embodied in Land Registry Practice Guidance 5 at 6.4, was neither unlawful nor irrational.”
WLR Daily, 6th 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.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Masood v Kerr & Ors [2010] EWCA Civ 1347 (01 December 2010)
High Court (Chancery Division)
Mason & Ors v Mills & Reeve (A Firm) [2010] EWHC 3198 (Ch) (06 December 2010)
ABC Ltd v Y [2010] EWHC 3176 (Ch) (06 December 2010)
High Court (Administrative Court)
High Court (Commercial Court)
Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2010] EWHC 3113 (Comm) (03 December 2010)
High Court (Patents Court)
Source: www.bailii.org
G20 photographer awarded £30,000 for injury by police – The Guardian
“A photographer who was struck in the face by a police shield during the G20 protests last year has been awarded £30,000 compensation by the Metropolitan police.”
Full story
The Guardian, 7th December 2010
Source: www.guardian.co.uk
Lords ruling paves way for separate AV referendum and election dates – The Guardian
“Alternative voting referendum could be on a different day from 5 May elections according to a House of Lords amendment.”
The Guardian, 6th December 2010
Source: www.guardian.co.uk
Prison system failing to tackle reoffending, says Ken Clarke – The Guardian
“The justice secretary, Ken Clarke, will today detail his plans to divert thousands of offenders from prison to bring to an end the Victorian-style ‘bang ’em up’ culture and reduce high reoffending rates.”
The Guardian, 7th December 2010
Source: www.guardian.co.uk
