Regina v NW – WLR Daily

Posted March 5th, 2010 in appeals, law reports, public order, violent disorder by sally

Regina v NW [2010] EWCA Crim 404; [2010] WLR (D) 62

“The words ‘present together’ in the expression ‘Where three or more persons who are present together’ in s 2(1) of the Public Order Act 1986 denoted no more than that the persons concerned were in the same place at the same time.”

WLR Daily, 4th March 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.

Swansea benefit fraud businessman jailed over repayment – BBC News

Posted March 5th, 2010 in benefits, fraud, news, sentencing, suspended sentences by sally

“A businessman jailed for not fully paying £200,000 for falsely claiming benefits is being charged 8% compound interest on £166,000 he still owes.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Footballer jailed for “career ending” tackle – BBC News

Posted March 5th, 2010 in grievous bodily harm, news, sentencing, sport by sally

“A footballer has been jailed for six months for a ‘career ending’ tackle on another player.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Man jailed for fatal bus attack – The Independent

Posted March 5th, 2010 in careless driving, murder, news, sentencing by sally

“A bus driver who used his single-decker bus to knock down and kill a man who tried to confront him over damage caused to his pick-up truck was jailed for seven and a half years yesterday.”

Full story

The Independent, 5th March 2010

Source: www.independent.co.uk

Brown defends silence over jailing of Venables – The Independent

Posted March 5th, 2010 in confidentiality, criminal justice, media, news, release on licence by sally

“The Prime Minister has defended the Government’s refusal to explain why one of the murderers of James Bulger has been returned to prison, as new claims emerged that the killer had a recent history of violence and drug abuse.”

Full story

 The Independent, 5th March 2010

Source: www.independent.co.uk

Woman gets two years for false rape claims – The Guardian

Posted March 5th, 2010 in news, perverting the course of justice, rape, sentencing by sally

“A mother-of-three was today jailed for two years for falsely claiming she had been harassed and raped by an unknown stalker, despite protests from her family and anti-rape campaigners that she had been telling the truth.”

Full story

The Guardian, 4th March 2010

Source: www.guardian.co.uk

Plan to change war crimes law delayed by general election – The Guardian

Posted March 5th, 2010 in international law, news, private prosecutions, war crimes by sally

“Changes in the law to remove the threat of foreign politicians becoming victims of ‘politically motivated’ war crime arrests every time they visit Britain have been postponed until after the general election. The justice secretary, Jack Straw, said the decision to delay immediate legislation had been taken because the government recognised it was a controversial issue that involved the long-standing right of private prosecution.”

Full story

The Guardian, 5th March 2010

Source: www.guardian.co.uk

Sheringham defeats Tesco with vote for Clive Hay-Smith’s eco-store – The Times

Posted March 5th, 2010 in news by sally

“It was a little town without a Tesco, a curiosity in modern Britain, though no one expected that it would remain that way for very long. Sheringham, in Norfolk, has held out for 14 years against the advances of the all-conquering supermarket. Yesterday, against expectations and the advice of the town’s planning officials, the forces of Tesco were routed.”

Full story

The Times, 5th March 2010

Source: www.timesonline.co.uk

eBay golf club conman Gary Bellchambers jailed for four years – The Times

Posted March 5th, 2010 in news by sally

“The head of a global crime network that duped eBay customers into buying fake branded golf clubs was jailed yesterday.”

Full story

The Times, 5th March 2010

Source: www.timesonline.co.uk

Contractual interest on damages does contribute to capped sum, rules High Court – OUT-LAW.com

Posted March 4th, 2010 in contracts, damages, insurance, interest, news by sally

“A contract’s liability cap applies to interest on payments that is part of that contractual agreement but does not apply to statutory interest applied by a court, the High Court has said.”

Full story

OUT-LAW.com, 4th March 2010

Source: www.out-law.com

BBC Radio producer jailed over sex tapes – BBC News

Posted March 4th, 2010 in news, video recordings, voyeurism by sally

“A BBC radio producer who secretly filmed himself having sex with five different women has been jailed for eight months.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Woman who conned grandmother and fiance jailed – BBC News

Posted March 4th, 2010 in fraud, news, sentencing, theft by sally

“A conwoman who attempted to cheat her grandmother and fiance out of £160,000 has been jailed for three years.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

Lords force rethink of government’s online piracy plans – BBC News

Posted March 4th, 2010 in bills, copyright, internet, news by sally

“The government has been defeated in the House of Lords over measures to tackle online piracy after opponents said the plans could hamper digital innovation.”

Full story

BBC News, 4th March 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted March 4th, 2010 in law reports by sally

Supreme Court

W (Children), Re (Rev 1) [2010] UKSC 12 (03 March 2010)

Lewis, R (on the application of) v Redcar and Cleveland Borough Council & Anor (Rev 1) [2010] UKSC 11 (03 March 2010)

Martin v Her Majesty’s Advocate [2010] UKSC 10 (03 March 2010)

Court of Appeal (Criminal Division)

R v W [2010] EWCA Crim 372 (02 March 2010)

NW, R v [2010] EWCA Crim 404 (03 March 2010)

Costello v R. [2010] EWCA Crim 371 (02 March 2010)

Lancaster, R. v [2010] EWCA Crim 370 (02 March 2010)

Gore, R v [2010] EWCA Crim 369 (01 March 2010)

Court of Appeal (Civil Division)

Myckoo (Jamaica), R (on the application of) v Secretary of State for the Home Department (Rev 1) [2010] EWCA Civ 160 (02 March 2010)

High Court (Queen’s Bench Division)

Webster & Ors v The Ridgeway Foundation School [2010] EWHC 318 (QB) (02 March 2010)

High Court (Administrative Court)

Albert Court Residents Association & Ors, R (on the application of) v Corporation of the Hall of Arts & Sciences [2010] EWHC 393 (Admin) (02 March 2010)

Matovu, R (on the application of) v Secretary of State for the Home Department [2010] EWHC 357 (Admin) (01 March 2010)

High Court (Technology and Construction Court)

Gold Group Properties Ltd v BDW Trading Ltd [2010] EWHC 323 (TCC) (3 March 2010)

Source: www.bailii.org

Regina v W – WLR Daily

Posted March 4th, 2010 in appeals, law reports, misfeasance in public office, police, retrials by sally

Regina v W [2010] EWCA Crim 372; [2010] WLR (D) 61

“Where the crime of misconduct in a public office was committed in circumstances involving the acquisition of property by theft or fraud, particularly when the holder of a public office was alleged to have made improper claims for public funds in circumstances which were said to be criminal, proof that the defendant was dishonest was an essential ingredient of the offence.”

WLR Daily, 3rd March 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 Upper Bay Ltd – WLR Daily

Regina v Upper Bay Ltd [2010] WLR (D) 60

“The duty of a parent to supervise his child and the duty of an employer to conduct its undertaking in such a way as to ensure that persons not in its employment, such as a child, were not exposed to risks to health or safety were concurrent duties so that if the child suffered harm the breach of parental duty did not absolve an employer from responsibility.”

WLR Daily, 3rd March 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 (Lewis) v Redcar and Cleveland Borough Council (No 2) – WLR Daily

Posted March 4th, 2010 in commons, law reports, Supreme Court by sally

Regina (Lewis) v Redcar and Cleveland Borough Council (No 2) [2010] UKSC 11; [2010] WLR (D) 59

“The tripartite test of nec vi, nec clam, nec precario (not by force, nor stealth, nor the licence of the owner) was sufficient to establish that land which had been used by local inhabitants for lawful sports and pastimes for 20 years had been used ‘as of right’ so that they were entitled to have the land registered as a town or village green under s 15 of the Commons Act 2006. It was not necessary to impose a further test as to whether it would have appeared to a reasonable landowner that the local inhabitants were asserting a right to use the land for the lawful sports and pastimes in which they were indulging. If confronted by such use over a period of 20 years, it was reasonable to expect a landowner to resist or restrict the use if he wished to avoid the possibility of registration.”

WLR Daily, 3rd March 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 (Lewis) v Redcar and Cleveland Borough Council and Another – Times Law Reports

Posted March 4th, 2010 in law reports by sally

Regina (Lewis) v Redcar and Cleveland Borough Council and Another

Supreme Court

“Where land had been used for lawful sports and pastimes for at least 20 years and local inhabitants had not tried to prevent golf being played there did not preclude the inhabitants’ use of the land from being as of right so as to allow it to be registered as a town green.”

The Times, 4th March 2010

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted March 4th, 2010 in legislation by sally

The Terrorism Act 2000 (Proscribed Organisations) (Amendment) Order 2010

The Building Societies (Financial Assistance) Order 2010

The National Assembly for Wales (Legislative Competence) (Transport) Order 2010

The Port Security (Avonmouth Dock and Royal Portbury Dock and Port of Bristol Security Authority) Designation Order 2010

The General Medical Council (Marking of the General Practitioner Register) Regulations Order of Council 2010

The General Medical Council (Marking of the General Practitioner Register) Regulations Order of Council 2010

The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2010 (Commencement No.1) Order of Council 2010

The Government Resources and Accounts Act 2000 (Commencement No. 2 and Transitional Provision) Order 2010

The Rail Vehicle Accessibility (Applications for Exemption Orders) Regulations 2010

The Welsh Ministers (Transfer of Fire and Rescue Service Equipment) Order 2010

The Rail Vehicle Accessibility (Non-Interoperable Rail System) Regulations 2010

The Passengers’ Council (Non-Railway Functions) Order 2010

The Regulation of Investigatory Powers (Covert Surveillance and Property Interference: Code of Practice) Order 2010

The Adoption Support Agencies (England) (Amendment) Regulations 2010

The Health Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2010

The Pension Schemes (Transfers, Reorganisations and Winding Up) (Transitional Provisions) (Amendment) Order 2010

The Finance Act 2008 (Penalties for Errors and Failure to Notify etc) (Consequential Amendments) Order 2010

The Scallop Fishing (Wales) (No.2) Order 2010

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2010

The Non-Domestic Rating (Unoccupied Property) (Wales) (Amendment) Regulations 2010

The Non-Domestic Rating (Small Business Relief) (Wales) (Amendment) Order 2010

The Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

The Community Health Councils (Establishment, Transfer of Functions and Abolition) (Wales) Order 2010

The Housing Renewal Grants (Amendment) (Wales) Regulations 2010

The General Medical Council (Registration Appeals Panels Procedure) Rules Order of Council 2010

Source: www.opsi.gov.uk

Straw announces new vision for legal aid delivery – Ministry of Justice

Posted March 4th, 2010 in legal aid, Ministry of Justice, news by sally

“The Ministry of Justice has today announced new plans for the future delivery of legal aid.”

Full story

Ministry of Justice, 3rd March 2010

Source: www.justice.gov.uk