Questions about the decision to prosecute Kay Gilderdale – Crown Prosecution Service

“A question has arisen as to whether it was in the public interest for the Crown Prosecution Service (CPS) to have prosecuted Kay Gilderdale for attempted murder.”

Full press release

Crown Prosecution Service, 26th January 2010

Source: www.cps.gov.uk

Foreign Office lawyer says Iraq war was illegal – The Times

Posted January 26th, 2010 in news by sally

“The most senior Foreign Office lawyer at the time of the invasion of Iraq said today that he had considered the Iraq war to be illegal because it had not been authorised by the United Nations.”

Full story

The Times, 26th January 2010

Source: www.timesonline.co.uk

The Jackson report: PI claimant lawyers rue detrimental effect on access to justice – The Lawyer

Posted January 26th, 2010 in costs, fees, news, personal injuries, reports by sally

“The personal injury (PI) claimant market has launched an all-out assault on Lord Justice Jackson’s report into civil legal costs, arguing that his proposals would actually impede access to justice.”

Full story

The Lawyer, 25th January 2010

Source: www.thelawyer.com

Equality Commission calls for over-65s to keep working – BBC News

Posted January 26th, 2010 in age discrimination, employment, equality, news, retirement by sally

“People should be allowed to work beyond the age of 65 and with more flexible hours, the Equality and Human Rights Commission has said.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Jenna Thomas murderer given 18 years in jail – BBC News

Posted January 26th, 2010 in murder, news, sentencing by sally

“A 50-year-old doorman who murdered his 21-year-old ex-girlfriend after she started a relationship with a man of her own age has been jailed for life.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted January 26th, 2010 in law reports by sally

Supreme Court

Mahad (previously referred to as AM) (Ethiopia) v Entry Clearance Officer [2009] UKSC 16 (16 December 2009)

E, R (on the application of) v Governing Body of JFS & Anor [2009] UKSC 15 (16 December 2009)

Court of Appeal (Civil Division)

Patel, Modha & Odedra v Entry Clearance Officer (Mumbai) [2010] EWCA Civ 17 (25 January 2010)

Lombard North Central Plc v Automobile World (UK) Ltd [2010] EWCA Civ 20 (26 January 2010)

Milk Supplies Ltd & Ors v Department for Environment, Food & Rural Affairs [2010] EWCA Civ 19 (26 January 2010)

High Court (Family Division)

Imerman v Imerman [2010] EWHC 64 (Fam) (Wednesday 13 January 2010)

High Court (Queen’s Bench Division)

Hull, On the review of the tariff in the case of [2010] EWHC 74 (QB) (26 January 2010)

Goldsmith Williams (a firm) v Travelers Insurance Company Ltd [2010] EWHC 26 (QB) (26 January 2010)

Source: www.bailii.org.uk

Recent Statutory Instruments – OPSI

Posted January 26th, 2010 in legislation by sally

The Community Legal Service (Financial) (Amendment) Regulations 2010

The Official Feed and Food Controls (Wales) Regulations 2009

The Food Enzymes (Wales) Regulations 2009

The Food (Jelly Mini-Cups) (Emergency Control) (Wales) Regulations 2009

Source: www.opsi.gov.uk

KB (Trinidad and Tobago) v Secretary of State for the Home Department – WLR Daily

Posted January 26th, 2010 in deportation, immigration, law reports by sally

KB (Trinidad and Tobago) v Secretary of State for the Home Department  [2010] EWCA Civ 11; [2010] WLR (D) 9

“Deportation cases, where the aim was the prevention or disorder and crime, did not call for a materially different approach from that required in ordinary removal cases, where the aim was the maintenance of effective immigration control. The issues arose under the same legal framework and involved the same essential question as to whether, if expulsion would interfere with rights protected by art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms, such interference was proportionate to the legitimate aim pursued.”

WLR Daily, 25th January 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.

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast)v Secretary of State for the Home Department – WLR Daily

Posted January 26th, 2010 in appeals, deportation, immigration, law reports, young offenders by sally

JO (Uganda) v Secretary of State for the Home Department; JT (Ivory Coast)v Secretary of State for the Home Department  [2010] EWCA Civ 10; [2010] WLR (D) 8

“Where it was sought to deport or remove a settled migrant who had spent the major part of his/her childhood in the United Kingdom, on the basis that he had committed criminal offences, the Home Secretary would have to show very serious reasons to justify his/her removal which would interfere with the migrant’s Convention right to respect for his private and family life. The decision letter should make it clear whether the decision had been made for the prevention of disorder or crime or for the maintenance of effective immigration control.”

WLR Daily, 25th January 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 Zaman – WLR Daily

Posted January 26th, 2010 in appeals, assisting offenders, crime, guilty pleas, law reports by sally

Regina v Zaman [2010] WLR (D) 7

“Where a defendant has pleaded guilty to a charge under s 4(1) of the Criminal Law Act 1967 of assisting an offender, the conviction is not rendered unsafe by reason of subsequent acquittal of the person assisted.”

WLR Daily, 25th January 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.

Syed v Director of Public Prosecutions – Times Law Reports

Posted January 26th, 2010 in news by sally

Syed v Director of Public Prosecutions

Queen’s Bench

“It was incumbent on police officers who were considering using force to enter and search premises, without a warrant, to establish first whether they had power to do so on account of some serious or dangerous incident having occurred. Police officers’ concern for the welfare of someone on the premises was not sufficient.”

The Times, 26th January 2010

Source: www.timesonline.co.uk

Regina v Bell – Times Law Reports

Posted January 26th, 2010 in law reports by sally

Regina v Bell

Court of Appeal

“The jurisdiction which permitted a second retrial, after the jury in two earlier trials had been unable to reach a verdict, had to be exercised with extreme caution.”

The Times, 26th January 2010

Source: www.timesonline.co.uk

Chief Constable of Lincolnshire Police v Caston – Times Law Reports

Posted January 26th, 2010 in law reports by sally

Chief Constable of Lincolnshire Police v Caston

Court of Appeal

“There was no principle of employment law which dictated how generously or sparingly the power to enlarge time limits was to be exercised.”

The Times, 26th January 2010

Source: www.timesonline.co.uk

Responses to MoJ consultation: Future of the Parole Board – Judiciary of England and Wales

Posted January 26th, 2010 in press releases by sally

“Responses to Ministry of Justice consultation: Future of the Parole Board.”

Full press release

Judiciary of England and Wales, 25th January 2010

Source; www.judiciary.gov.uk

Sentencing remarks of Mr Justice Keith in the Matter of the Edlington Two – Judiciary of England and Wales

Posted January 26th, 2010 in press releases, sentencing, young offenders by sally

“Sentencing remarks of Mr Justice Keith in the Matter of the Edlington Two”

Full press release

Judiciary of England and Wales, 22nd January 2010

Source: www.judiciary.gov.uk

Safeway proceeds with groundbreaking attempt to sue ex-employees for price fixing – OUT-LAW.com

Posted January 26th, 2010 in company directors, competition, news, price fixing by sally

“Safeway has been given permission to continue a groundbreaking lawsuit against former employees and directors which seeks to recover competition law fines from the ex-employees and directors involved in the breaches.”

Full story

OUT-LAW.com, 22nd January 2010

Source: www.out-law.com

Sky forced to slash ITV holding as court sets benchmark for corporate influence – OUT-LAW.com

Posted January 26th, 2010 in competition, media, mergers, news by sally

“Pay TV company BSkyB has been told that it must follow the Competition Commission’s orders and sell over half of its stake in broadcaster ITV at a loss of around £500 million. The Court of Appeal backed the Commission’s ruling.”

Full story

OUT-LAW.com, 21st January 2010

Source: www.out-law.com

Bridgend teenager disabled at birth is awarded £6.5m – BBC News

Posted January 26th, 2010 in compensation, duty of care, hospitals, negligence, news, personal injuries by sally

“A teenager who was left profoundly disabled at birth is to receive £6.5m.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Kent robbery suspect ‘lawfully killed’ – BBC News

Posted January 26th, 2010 in inquests, news, robbery, unlawful killing by sally

“An alleged armed robber who was shot dead by a police marksman was lawfully killed, an inquest jury has found.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk

Government defeated three times over church gay plan – BBC News

Posted January 26th, 2010 in bills, Church of England, equality, homosexuality, news by sally

“The government has suffered three House of Lords defeats over moves churches said would prevent them denying jobs to gay people and transsexuals.”

Full story

BBC News, 25th January 2010

Source: www.bbc.co.uk