Regina (RK) (Nepal) and Another v Secretary of State for the Home Department – Times Law Reports

Posted May 11th, 2009 in appeals, immigration, law reports by sally

Regina (RK) (Nepal) and Another v Secretary of State for the Home Department

Court of Appeal

“A non-British student with conditional leave to enter and stay in the United Kingdom and who was ordered to leave on breaching those conditions, could not appeal against that decision while still in the country.”

The Times, 11th May 2009

Source: www.timesonline.co.uk

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) – WLR Daily

Posted May 11th, 2009 in inquests, insanity, law reports, standard of proof by sally

R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) [2009] EWHC 854 (Admin); [2009] WLR(D); [2009] WLR (D) 150

The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”

WLR Daily, 8th May 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.

Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd and others – WLR Daily

Posted May 11th, 2009 in law reports, remuneration, service charges by sally

Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd and others; [2009] WLR (D) 149

Money payments made in the form of discretionary service charges by customers to waiters and bar staff by credit or debit card or by cheque, and collected by the proprietor/employer to be transmitted to employees via a ‘tronc’ system (an arrangement for the pooling and distribution to employees), administered by an employee called ‘troncmaster’, did not count towards an employee’s remuneration within the meaning of reg 30(a) of the National Minimum Wage Regulations 1999, to meet the requirement of s 1 of the National Minimum Wage Act 1998.”

WLR Daily, 8th May 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.

Attorney General and Lord Advocate on prosecution of terrorism cases – Attorney-General’s Office

Posted May 11th, 2009 in press releases, prosecutions, terrorism by sally

“The prosecution of cross-border terrorism offences will be strengthened by a new protocol agreed today (8 May 2009) by the Lord Advocate, the Right Honourable Elish Angiolini QC, and the Attorney General, the Right Honourable Baroness Scotland QC.”

Full press release

Attorney-General’s Office, 9th May 2009

Source: www.attorneygeneral.gov.uk

Bar Chairman Urges Closer Co-Operation Between Employed and Self-Employed Bar – The Bar Council

Posted May 11th, 2009 in barristers, news, press releases by sally

“Greater co-operation between employed and self-employed barristers in difficult economic circumstances, including an increase in the number of barristers trained by commercial bodies, has been urged by the Chairman of the Bar, Desmond Browne QC.”

Full press release

The Bar Council, 8th May 2009

Source: www.barcouncil.org.uk

Blacklisting of union members by companies to be outlawed – The Guardian

Posted May 11th, 2009 in data protection, news, trade unions, victimisation by sally

“The government is to outlaw the use by companies of covert blacklists that have prevented trade unionists from getting work. Ministers have been forced to act after a watchdog exposed widespread blacklisting in the construction industry this year.”

Full story

The Guardian, 10th May 2009

Source: www.guardian.co.uk

Commissioners reveal plans to harmonise EU copyright laws – OUT-LAW.com

Posted May 11th, 2009 in copyright, EC law, news by sally

“Two European commissioners have outlined plans to more closely harmonise copyright law across the European Union’s 27 member states and create EU-wide copyright licences. The commissioners want to end ‘fragmentation’ of copyright laws.”

Full story

OUT-LAW.com, 7th May 2009

Source: www.out-law.com

Exemption clauses need strong words to survive deliberate, fundamental breaches, says High Court – OUT-LAW.com

Posted May 11th, 2009 in contracts, exclusion clauses, news by sally

“Someone who deliberately breaches a fundamental term of a contract generally cannot rely on exemptions in the contract to avoid liability to the other party without clear, strong language to that effect, the High Court has ruled.”

Full story

OUT-LAW.com, 6th May 2009

Source: www.out-law.com

Mau Mau veterans sue for colonial abuses – The Guardian

Posted May 11th, 2009 in colonies, compensation, Kenya, news, torture by sally

“Five elderly Kenyans detained and allegedly tortured during the Mau Mau independence uprising of more than 50 years ago are to issue a reparations claim against the British government in London next month.”

Full story

The Guardian, 10th May 2009

Source: www.guardian.co.uk

Police and prosecutors apologise to disabled victims of crime – The Guardian

Posted May 11th, 2009 in criminal justice, disabled persons, news, victims by sally

“Many disabled victims  of crime are being failed by the system, the Guardian has learned, following two cases in which the Crown Prosecution Service and the police were forced to apologise for not taking offences seriously enough.”

Full story

The Guardian, 11th May 2009

Source: www.guardian.co.uk

Seven-year prison term for fugitive Lib Dem donor – The Independent

Posted May 11th, 2009 in news, perverting the course of justice, sentencing, theft by sally

“The Liberal Democrats’ biggest donor, who remains on the run after stealing nearly £8m from the former chairman of Manchester United, was sentenced in his absence to seven years in jail yesterday.”

Full story

The Independent, 9th May 2009

Source: www.independent.co.uk

Farming family guilty of ‘grotesque’ cruelty – The Independent

Posted May 11th, 2009 in animal cruelty, news by sally

“Five members of one family were found guilty of ‘grotesque’ cruelty yesterday after one of Britain’s largest horse-rescue operations. RSPCA inspectors who raided Spindle Farm in Buckinghamshire last year found a ‘horror scene’ of starving, emaciated and diseased animals, surrounded by the rotting corpses of others.”

Full story

The Independent, 9th May 2009

Source: www.independent.co.uk

Metal detector user David Hutchings jailed for selling fake coins – The Times

Posted May 11th, 2009 in fraud, news, sentencing by sally

“A metal detector enthusiast who claimed to have discovered hoards of valuable antiquities during years of treasure hunting has been convicted of selling modern fakes.”

Full story

The Times, 11th May 2009

Source: www.timesonline.co.uk

Judge criticises court fee plans – BBC News

Posted May 11th, 2009 in costs, courts, news by sally

“A senior judge has called on the government to reconsider plans to increase court fees in civil and family cases in England and Wales.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

Police called in over leaks as more MPs accused – The Times

Posted May 11th, 2009 in expenses, news, parliament, parliamentary privilege by sally

“MPs defied their own legal advice last night and asked the police to investigate how expenses details had been offered for sale to newspapers.”

Full story

The Times, 9th May 2009

Source: www.timesonline.co.uk

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

UK judges reopen Guantanamo case – BBC News

Posted May 8th, 2009 in disclosure, intelligence services, news, torture by sally

“The High Court has taken the unusual step of reopening a controversial judgement in the case of the former Guantanamo detainee Binyam Mohamed.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

Serious Fraud Office to ask parliament to grant it new powers – Law Society’s Gazette

Posted May 8th, 2009 in company directors, deferred prosecution agreements, fraud, news by sally

“The Serious Fraud Office is to ask parliament to enhance its powers to fight fraudulent companies and corrupt directors, the Gazette has learned. The investigation and prosecution agency has begun consulting privately with senior lawyers and officials before it approaches parliament later in the year. Sources close to the discussions said the SFO wants powers to fine fraudulent companies and impose deferred prosecutions, as well as ­legislation requiring companies to report frauds as soon as they are discovered.”

Full story

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

Lord Hunt outlines vision for regulation – Law Society’s Gazette

Posted May 8th, 2009 in disciplinary procedures, law firms, Law Society, news by sally

“The peer tasked by Chancery Lane with reviewing legal regulation says that only ‘minor’ adjustments to the Law Society’s internal governance may be required to yield ‘enormous benefit’ for the regulation of law firms.”

Full story

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted May 8th, 2009 in law reports by sally

High Court (Queen’s Bench Division)

Whiston v London Strategic Health Authority [2009] EWHC 956 (QB) (07 May 2009)

High Court (Commercial Court)

Shashoua & Ors v Sharma [2009] EWHC 957 (Comm) (07 May 2009)

Source: www.bailii.org