Justice in the raw: everyday tales of human failure laid bare – The Times

Posted October 23rd, 2009 in news by sally

“The entrance hall of the new Supreme Court is adorned with lofty declarations of the integrity of British justice. ‘To no one will we deny or delay right or justice’ reads the legend engraved on one floor-to-ceiling glass panel of the building in Parliament Square, in Central London. But just a mile or two south, where the Inner London Crown Court stands hard by the grind and grime of Elephant and Castle, such fine sentiments seem ill-fitting.”

Full story

The Times, 23rd October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 23rd, 2009 in law reports by sally

High Court (Administrative Court)

S, R (on the application of) v Hampshire County Council [2009] EWHC 2537 (Admin) (22 October 2009)

High Court (Chancery Division)

Power & Anor v HM Revenue and Customs & Anor [2009] EWHC 2580 (Ch) (23 October 2009)

High Court (Queen’s Bench Division)

Olafsson v Foreign & Commonwealth Office [2009] EWHC 2608 (QB) (22 October 2009)

High Court (Technology and Construction Court)

Ericsson Ab v Eads Defence and Security Systems Ltd. [2009] EWHC 2598 (TCC) (22 October 2009)

Source: www.bailii.org

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 2009

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.

Flood v Times Newspapers Ltd – Times Law Reports

Posted October 23rd, 2009 in law reports by sally

Flood v Times Newspapers Ltd

Queen’s Bench Division

“An article which attracted qualified privilege when printed in a newspaper could lose that privilege if its electronic form was kept on the paper’s website after circumstances had changed but the article was not modified to reflect that change in facts. Thus while an article in The Times published on June 2, 2006 was privileged, publication on its website after September 5, 2007 was not.”

The Times, 23rd October 2009

Source: www.timesonline.co.uk

Home Secretary’s statement on the Review of Data Quality: Most Serious Violence – Home Office

Posted October 23rd, 2009 in crime, press releases, statistics by sally

“Home Secretary Alan Johnson has released a statement on the publication of Her Majesty’s Inspectorate of Constabulary data quality review on most serious violence.”

http://www.hmic.gov.uk/sitecollectiondocuments/thematics/thm_20091020.pdf

Home Office, 22nd October 2009

Source: www.homeoffice.gov.uk

Hammer attack review is quashed – BBC News

Posted October 23rd, 2009 in grievous bodily harm, inquiries, negligence, news, school children by sally

“A review into a hammer attack on a Wiltshire schoolboy was so flawed that it must be quashed, a judge has ruled.”

Full story

BBC News, 22nd October 2009

Source: www.bbc.co.uk

Acquitted man barred from suing rape accuser – The Guardian

Posted October 23rd, 2009 in damages, malicious prosecution, news by sally

“A former magistrate who spent two years in jail before being cleared of rape has lost his legal battle to sue his accuser for £300,000 damages.”

Full story

The Guardian, 22nd October 2009

Source: www.guardian.co.uk

Meat firm fined over beck spill – BBC News

Posted October 23rd, 2009 in environmental health, fines, news, pollution, water by sally

“A meat processing company in Lincolnshire has been fined £10,000 after ammonia escaped into a stream and killed 100 fish.”

Full story

BBC News, 23rd October 2009

Source: www.bbc.co.uk

Criticism over meningitis death – BBC News

Posted October 23rd, 2009 in children, hospitals, inquests, news by sally

“A hospital has been criticised by a coroner for failing to spot that a 10-year-old boy, who later died from meningitis, was gravely ill.”

Full story

BBC News, 23rd October 2009

Source: www.bbc.co.uk

Prisoner’s High Court battle for the right to vote – The Independent

Posted October 23rd, 2009 in elections, human rights, news, prisons by sally

“A prisoner has launched a High Court battle for the right to vote in parliamentary and EU elections.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Equality bill takes aim at ‘institutional ageism’ in NHS – The Guardian

Posted October 23rd, 2009 in age discrimination, equality, hospitals, news by sally

“Ageism within the NHS and social care is set to be made illegal after a review of the treatment of older people found discrimination was ‘rooted’  in the attitudes of staff and organisations.”

Full story

The Guardian, 23rd October 2009

Source: www.guardian.co.uk

Children allegedly hurt by police CS spray during arrest – The Guardian

Posted October 23rd, 2009 in children, complaints, news, police by sally

“A senior police officer tonight said his force was concerned by complaints that children were injured by CS spray during an arrest.”

Full story

The Guardian, 23rd October 2009

Source: www.guardian.co.uk

Law of confidence can trump libel law, rules High Court – OUT-LAW.com

Posted October 22nd, 2009 in confidentiality, defamation, news, privacy by sally

“The High Court has upheld a famous person’s rights under the law of confidence over someone else’s right to reveal his activity with a prostitute under defamation law. The Court has granted an interim injunction which will keep the man’s identity a secret.”

Full story

OUT-LAW.com, 22nd October 2009

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted October 22nd, 2009 in legislation by sally

The Amendment to Schedule 6 to the Tribunals, Courts and Enforcement Act 2007 Order 2009

The Criminal Justice Act 2003 (Commencement No. 22) Order 2009

The Designs (Convention Countries) (Amendment) Order 2009

The European Communities (Designation) (No. 4) Order 2009

The Health Professions (Hearing Aid Dispensers) Order 2009

The Transfer of Functions of the Asylum and Immigration Tribunal Order 2009

The British Nationality Act 1981 (Amendment of Schedule 6) Order 2009

The Copyright and Performances (Application to Other Countries) (Amendment) Order 2009

The Patents (Convention Countries) (Amendment) Order 2009

The Secretary of State for Business, Innovation and Skills Order 2009

The Food Labelling (Declaration of Allergens) (England) Regulations 2009

The Manufactured Interest (Tax) (Amendment) Regulations 2009

The Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Reduced legal aid rates will cause ‘mass exodus’ of law firms – The Times

Posted October 22nd, 2009 in news by sally

“Vulnerable children and families will bear the brunt of swingeing new cuts that will cause a ‘mass exodus’ of law firms from legal aid, lawyers warned yesterday.”

Full story

The Times, 22nd October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 22nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd & Anor [2009] EWCA Civ 1108 (22 October 2009)

Davies v Dennis & Ors [2009] EWCA Civ 1081 (22 October 2009)

Source: www.bailii.org

Violent crimes ‘wrongly classed’ – BBC News

Posted October 22nd, 2009 in crime, news, police, statistics by sally

“More than a third of violent incidents classed as ‘no crime’ have been wrongly recorded, according to HM Inspectorate of Constabulary in England and Wales.”

Full story

BBC News, 22nd October 2009

Source: www.bbc.co.uk

Freelancer’s copyright infringed by sales of digital back issues, rules High Court – OUT-LAW.com

Posted October 22nd, 2009 in copyright, internet, media, news by sally

“A Daily Mirror service which sold digital copies of back issues infringed the copyright of a freelance photographer whose pictures appeared on their pages, the High Court has ruled.”

Full story

OUT-LAW.com, 22nd October 2009

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted October 22nd, 2009 in legislation by sally

The Census (England and Wales) Order 2009

The Criminal Justice and Immigration Act 2008 (Commencement No. 12) Order 2009

The Extradition Act 2003 (Specification of Category 1 Territories) Order 2009

The Crime and Disorder Act 1998 (Youth Conditional Cautions: Financial Penalties) Order 2009

The Corporation Tax (Implementation of the Mergers Directive) Regulations 2009

The Statutory Auditors and Third Country Auditors (Amendment) Regulations 2009

Source: www.opsi.gov.uk

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) – WLR Daily

Posted October 22nd, 2009 in criminal records, data protection, law reports, police by sally

Chief Constable of Humberside Police and others v Information Commissioner (Secretary of State for the Home Department intervening) [2009] EWCA Civ 1079; [2009] WLR (D) 302

“In relation to the national police computer it was for the data controller to determine the purposes for which data was processed. It was a registered purpose to hold information so that it could be supplied to others in legitimate need such as the courts and the Crown Prosecution Service. Consequently there could be no question of the retention of records of old minor convictions being held to be either excessive or being held for longer than necessary.”

WLR Daily, 19th October 2009

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.