Tenants to gain safeguards from landlords – The Times

Posted August 5th, 2009 in landlord & tenant, news, repossession by sally

“Tenants in properties let by financially unstable landlords could be given greater protection if their homes are repossessed under proposals published today.”

Full story

The Times, 5th August 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted August 5th, 2009 in legislation by sally

The Public Health Wales National Health Service Trust (Establishment) Order 2009

The Offshore Installations (Safety Zones) (No.2) Order 2009

The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2009

The Trade Marks and Trade Marks and Patents (Fees) (Amendment) Rules 2009

Source: www.opsi.gov.uk

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs – WLR Daily

Posted August 5th, 2009 in disclosure, law reports, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs [2008] EWHC 2048 (Admin); [2008] WLR (D) 2

“The principles set out by the House of Lords in Norwich Pharmacal Co v Customs and Excise Comrs [1974] AC 133 could be applied in novel circumstances to require the Foreign Secretary to disclose information, specific to the claimant and essential to his defence to serious charges which might carry the death penalty, in confidence to lawyers representing him in proceedings at Guantanamo Bay, given that the conduct of the security service of the United Kingdom had amounted to being involved in arguable wrongdoing by facilitating interviews of the claimant by or on behalf of the United States of America while the claimant had been held unlawfully in incommunicado detention and on his case had been subject to alleged torture and cruel, inhuman or degrading treatment at the hands of the detaining authorities.”

WLR Daily, 3rd August 2009

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.

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening) – WLR Daily

Posted August 5th, 2009 in housing, judicial review, law reports, repossession by sally

Manchester City Council v Pinnock (Secretary of State for Communities and Local Government intervening [2009] EWCA Civ 852; [2009] WLR (D) 280

“In a claim by a public landlord for a possession order against its demoted tenant, the jurisdiction of the county court was limited to considering whether the procedure for bringing the possession claim had been complied with and to making or declining to make the possession order; it had no power to review the decision of the review panel of the public landlord as to whether the decision was proportionate or compatible with the tenant’s human rights.”

WLR Daily, 3rd August 2009

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.

Metrobus Ltd v Unite the Union – WLR Daily

Posted August 5th, 2009 in ballots, industrial action, injunctions, law reports, trade unions by sally

Metrobus Ltd v Unite the Union [2009] EWCA Civ 829; [2009] WLR (D) 279

“Where an employer sought an injunction to restrain a strike, a union’s failure to comply with its obligation under s 231A of the Trade Union and Labour Relations (Consolidation) Act 1992 to inform the employer as soon as reasonably practicable of the result of the ballot could justify the grant of an injunction restraining the strike. S 231A, and also ss 226 and 234A, were not disproportionate restrictions on the rights of association conferred by art 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. The obligations under those sections could not be regarded as onerous so that they could be said to constitute a serious impediment on a union’s ability to call a strike.”

WLR Daily, 3rd August 2009

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 (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council – WLR Daily

Posted August 5th, 2009 in compulsory purchase, law reports, planning by sally

R (Sainsbury’s Supermarkets Ltd) v Wolverhampton City Council [2009] EWCA Civ 734; [2009] WLR (D) 278

“S 226(1A) of the Town and Country Planning Act 1990 did not prevent a planning authority, when considering the exercise of its compulsory purchase powers, from having regard to wider benefits resulting from the development, redevelopment or improvement of or in relation to the land, which might include benefits deriving from the associated redevelopment of another site not within the proposed development itself.”

WLR Daily, 3rd August 2009

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 Tilley – Times Law Reports

Posted August 5th, 2009 in benefits, fraud, law reports, social security by sally

Regina v Tilley

Court of Appeal (Criminal Division)

“If a third party knew of a change that affected the benefit of a person claiming income support, he would be guilty of an offence only if he dishonestly allowed the beneficiary to fail to report the change provided that he had been active in some way in the failure.”

The Times, 5th August 2009

Source: www.timesonline.co.uk

Pressure mounts over allegations of British complicity in torture – The Guardian

Posted August 5th, 2009 in intelligence services, news, torture by sally

“Ministers came under fresh pressure today over detailed allegations of complicity in torture, with Gordon Brown being asked whether the attorney general would investigate them and human rights groups joining MPs and peers demanding an independent inquiry.”

Full story

The Guardian, 4th August 2009

Source: www.guardian.co.uk

Whitehall row derails rape law reform – The Independent

Posted August 5th, 2009 in news, rape by sally

“Harriet Harman was at the centre of a government row last night over moves to increase the conviction rate for rape.”

Full story

The Independent, 5th August 2009

Source: www.independent.co.uk

Curbs on freed violent offenders – BBC News

Posted August 5th, 2009 in news, violent offenders by sally

“Asbo-style Violent Offender Orders (VOOs) that can restrict criminals’ movements after they are released from prison are coming into force.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

G20 death: police officer could face manslaughter charge – The Guardian

Posted August 5th, 2009 in demonstrations, homicide, news, police by sally

“Prosecutors have been asked to consider whether the Metropolitan police officer who attacked Ian Tomlinson at the G20 demonstration should be charged with manslaughter.”

Full story

The Guardian, 4th August 2009

Source: www.guardian.co.uk

Commission defies supermarkets over ombudsman – The Independent

Posted August 5th, 2009 in competition, news by sally

“Britain’s competition watchdog insisted that supermarkets should be independently regulated after finding evidence they abused their dominance by acting aggressively towards suppliers.”

Full story

The Independent, 4th August 2009

Source: www.independent.co.uk

Judge to be investigated after outburst – The Independent

Posted August 4th, 2009 in immigration, judges, news, professional conduct by sally

“A judge who described Britain’s immigration system as ‘completely lax’ is to face an official investigation, it was revealed today.”

Full story

The Independent, 4th August 2009

Source: www.independent.co.uk</a'

SFO adopts aggressive approach on banking fraud – The Times

Posted August 4th, 2009 in banking, fraud, news by sally

“The Serious Fraud Office (SFO) has launched a series of investigations into UK-based banks to establish whether they fraudulently mis-sold complex financial products in the run-up to the global banking crisis.”

Full story

The Times, 4th August 2009

Source: www.timesonline.co.uk

Prosecutors handed G20 death file – BBC News

Posted August 4th, 2009 in demonstrations, news, police by sally

“Prosecutors have been handed a file of evidence about the death of Ian Tomlinson during the G20 protests in London in April.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted August 4th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General Reference No 23 of 2009 [2009] EWCA Crim 1683 (07 July 2009)

Court of Appeal (Civil Division)

Secretary of State for Work and Pensions v Dias [2009] EWCA Civ 807 (31 July 2009)

High Court (Chancery Division)

Occlutech GmbH v Aga Medical Corp [2009] EWHC 2013 (Ch) (31 July 2009)

Source: www.bailii.org

Suicide guidance will apply to UK – BBC News

Posted August 4th, 2009 in assisted suicide, news by sally

“Guidelines on assisted suicide will apply in the UK as well as overseas, the Director of Public Prosecutions has confirmed.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

‘Torture complicity’: Key cases – BBC News

Posted August 4th, 2009 in intelligence services, news, terrorism, torture by sally

“A report by the Joint Committee on Human Rights has accused ministers of trying to avoid Parliamentary scrutiny in relation to a string of allegations of British complicity in the torture of terrorism suspects abroad. The report by MPs and peers lists a number of key cases that link the British intelligence and security agencies with claims of mistreatment.”

Full story

BBC News, 4th August 2009

Source: www.bbc.co.uk

Judicial Response to the publication of the Attorney General’s unduly lenient referral statistics – Judiciary of England and Wales

Posted August 4th, 2009 in attorney general, news, sentencing, statistics by sally

“The Deputy Head of Criminal Justice, Lord Justice Thomas, has responded to the release of statistics today by the Attorney General’s office. The figures report the number of cases where the Attorney General asked the Court of Appeal to decide whether a sentence imposed by the Crown Court was unduly lenient.”

Full story

Judiciary of England and Wales, 4th August 2009

Source: www.judiciary.gov.uk

Desmond v Bower – Times Law Reports

Posted August 4th, 2009 in defamation, evidence, law reports by sally

Desmond v Bower

Court of Appeal

“A defendant who wished to call similar-fact evidence to justify an alleged libel was entitled to do so even though the evidence related to events after the libel was published.”

The Times, 4th August 2009

Source: www.timesonline.co.uk