Current Awareness

Regina v Budimir and another; Interfact Ltd Liverpool City Council – WLR Daily

Posted July 2nd, 2010 in appeals, EC law, enforcement, law reports, legislation, video recordings by sally

Regina v Budimir and another; Interfact Ltd Liverpool City Council [2010] EWCA Crim 148; [2010] EWHC 1604 (Admin); [2010] WLR (D) 166

“Where defendants had been convicted of criminal offences under a statute enacted by Parliament which was unenforceable owing to a failure by the United Kingdom Government, before its enactment, to comply with a Directive from the European Community, it was not incumbent upon the Court of Appeal to re-open their cases out of time unless their convictions had given rise to any substantial injustice.”

WLR Daily, 1st July 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 (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted July 2nd, 2010 in armed forces, human rights, inquests, jurisdiction, law reports, Supreme Court by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2010] UKSC 29; [2010] WLR (D) 165

“British soldiers on active service abroad were not, as such, within the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and were accordingly not protected by the Convention rights scheduled to the Human Rights Act 1998. Assuming, however, that the Convention did protect servicemen abroad, a inquest that complied with the procedural obligation in art 2 was not automatically required whenever a member of the armed forces died on active service.”

WLR Daily, 1st July 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.

Criminal law: new offences, amendments and provisions – Law Society’s Gazette

Posted July 2nd, 2010 in defences, evidence, indecent photographs of children, news, suicide by sally

“Significant parts of the Coroners and Justice Act 2009 took effect during the spring of this year. On 1 February section 59 was brought into force amending the Suicide Act 1961. For the old offence under section 2, there is now substituted a provision that ‘a person (D) commits an offence if (a) D does an act capable of encouraging or assisting the suicide or attempted suicide of another person and (b) D’s act was intended to encourage or assist suicide or an attempt at suicide’.”

Full story

Law Society’s Gazette, 1st July 2010

Source: www.lawgazette.co.uk

The new Legal Ombudsman – Bar Standards Board

Posted July 2nd, 2010 in barristers, legal ombudsman, ombudsmen, press releases by sally

“On Wednesday 6 October 2010 the Legal Ombudsman (http://www.legalombudsman.org.uk/) will become operational. From this date all complaints from lay clients about barristers, solicitors, and some other types of legal professional should be directed to the Ombudsman’s office. The Ombudsman will deal with service complaints itself and will be able to award compensation of up to £30,000.00 against barristers. It will not investigate complaints of professional misconduct or be involved in the consideration of disciplinary issues. Neither will it consider complaints previously considered by the Bar Standards Board.”

Full press release

Bar Standards Board, 1st July 2010

Source: www.barstandardsboard.org.uk

Boy to appeal against attempted rape conviction – BBC News

Posted July 2nd, 2010 in appeals, attempts, children, news, rape by sally

“A primary school boy is appealing against his conviction for attempting to rape an eight-year-old girl in west London.”

Full story

BBC News, 1st July 2010

Source: www.bbc.co.uk

Rogue City broker jailed over unauthorised £3m trading – BBC News

Posted July 2nd, 2010 in false accounting, gambling, news, sentencing by sally

“A City trader has been jailed for two-and-a-half years after making £3m-worth of unauthorised trades.”

Full story

BBC News, 1st July 2010

Source: www.bbc.co.uk

Villagers’ fury after High Court rules ‘travellers can build toilets on green belt land’ – Daily Telegraph

Posted July 2nd, 2010 in news, planning, travellers by sally

“Villagers who formed a human barricade to stop travellers building a caravan site near their homes have suffered a further blow after the High Court granted permission for diggers to be brought on to the land.”

Full story

Daily Telegraph, 1st July 2010

Source: www.telegraph.co.uk

Legal assisted suicide creates ‘slippery slope’ to doctors killing without consent, expert claims – Daily Telegraph

Posted July 2nd, 2010 in assisted suicide, doctors, euthanasia, news by sally

“Prof David Jones said that if society agrees that it is in some people’s interests for them to end their own lives, it is difficult to resist the logical conclusion that others should be helped to die even if they have not made such a request.”

Full story

Daily Telegraph, 1st July 2010

Source: www.telegraph.co.uk

Lawyer cleared of Ritz hotel £250m sale fraud – BBC News

Posted July 2nd, 2010 in conspiracy, fraud, news by sally

“A solicitor has been cleared of trying to fraudulently sell the Ritz hotel in central London for £250m.”

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BBC News, 1st July 2010

Source: www.bbc.co.uk

Khyra Ishaq starvation couple begin appeal – BBC News

Posted July 2nd, 2010 in appeals, child cruelty, news, sentencing by sally

“The mother and stepfather of a seven-year-old girl who starved to death have been given the go-ahead to appeal against their sentences.”

Full story

BBC New,s 1st July 2010

Source: www.bbc.co.uk

Voting reform ballot planned for May – The Guardian

Posted July 2nd, 2010 in constitutional reform, elections, news, referendums by sally

“The coalition government is to test its unity by announcing that it plans to stage a referendum on voting reform next May, amid signs that Labour enthusiasm for the reform is wavering owing to the party’s growing hostility to the Liberal Democrats.”

Full story

The Guardian, 1st July 2010

Source: www.guardian.co.uk

Woman banned over dog that killed grandson – The Independent

Posted July 2nd, 2010 in dogs, news, suspended sentences by sally

“A woman was given a suspended jail sentence today after being convicted of keeping an illegal dog which killed her grandson.”

Full story

The Independent, 1st July 2010

Source: www.independent.co.uk

Iraq deaths in British custody could see military face legal challenges – The Guardian

Posted July 1st, 2010 in armed forces, death in custody, Iraq, news by sally

“The Ministry of Defence is facing a further series of court battles that may shed more damaging light on the conduct of British troops in Iraq, after it emerged that many more civilians died in army custody than previously thought.”

Full story

The Guardian, 1st July 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted July 1st, 2010 in law reports by sally

Court of Appeal (Criminal Division)

Lashari, R v [2010] EWCA Crim 1504 (01 July 2010)

Simms & Anor v R. [2010] EWCA Crim 1449 (01 July 2010)

Court of Appeal (Civil Division)

Day & Anor v Hosebay Ltd [2010] EWCA Civ 748 (01 July 2010)

Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750 (01 July 2010)

Medtronic Corevalve Llc v Edwards Lifesciences AG & Anor [2010] EWCA Civ 704 (30 June 2010)

High Court (Queen’s Bench Division)

Wright v Gregson & Ors [2010] EWHC 1629 (QB) (01 July 2010)

High Court (Chancery Division)

Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd & Ors [2010] EWHC 1614 (Ch) (30 June 2010)

High Court (Commercial Court)

B v A [2010] EWHC 1626 (Comm) (01 July 2010)

Source: www.bailii.org

Your Freedom website launched – Ministry of Justice

Posted July 1st, 2010 in legislation, Ministry of Justice, news, regulations by sally

“Nominate laws and regulations you would like to see abolished.”

Full story

Ministry of Justice, 1st July 2010

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

Posted July 1st, 2010 in legislation by sally

The Social Security (Claims and Payments) Amendment (No. 3) Regulations 2010

The Social Security (Disability Living Allowance) (Amendment) Regulations 2010

Source: www.opsi.gov.uk

Cuts on the agenda of family justice review – Ministry of Justice

Posted July 1st, 2010 in children, family courts, Ministry of Justice, news by sally

“The Ministry of Justice has launched a ‘comprehensive review’ of the family justice system, appointing a panel of experts to hear evidence on how the system can improve. However, the panel chair has admitted a principal catalyst for the review is the government’s desire to make spending cuts.”

Full story

Ministry of Justice, 1st July 2010

Source: www.justice.gov.uk

Post-It notes and the end of written history – BBC News

Posted July 1st, 2010 in disclosure, documents, freedom of information, ministers' powers and duties, news by sally

“The new coalition government is currently deciding when the legislation, which follows a review of secrecy rules by a committee chaired by Daily Mail editor Paul Dacre, will come into effect.”

Full story

BBC News, 1st July 2010

Source: www.bbc.co.uk