Kent robbery suspect ‘lawfully killed’ – BBC News
“An alleged armed robber who was shot dead by a police marksman was lawfully killed, an inquest jury has found.”
BBC News, 25th January 2010
Source: www.bbc.co.uk
Government defeated three times over church gay plan – BBC News
“The government has suffered three House of Lords defeats over moves churches said would prevent them denying jobs to gay people and transsexuals.”
BBC News, 25th January 2010
Source: www.bbc.co.uk
Man jailed for life over 1983 murder of Colette Aram – The Guardian
“A businessman was jailed for life years after he raped and strangled a teenage girl and boasted to murder squad officers that he would never be caught.”
The Guardian, 25th January 2010
Source: www.guardian.co.uk
Hutton inquiry closed David Kelly medical reports for 70 years – The Guardian
“Lord Hutton’s decision to classify documents about the death of Dr David Kelly is likely to face a legal challenge amid claims by experts that there are increasing grounds to question the inquiry’s verdict of suicide.”
The Guardian, 26th January 2010
Source: www.guardian.co.uk
Disabled man given £2m payout from NHS for injuries suffered at birth – Daily Telegraph
“A severely disabled man who can only communicate by tapping a computer keyboard with his nose has received a £2 million payout for injuries he suffered at birth.”
Daily Telegraph, 26th January 2010
Source: www.telegraph.co.uk
Is the internet destroying juries? – The Guardian
“Juries are a fundamental pillar of our justice system. But many believe that jurors are now routinely accessing and distributing so much prejudicial information online, that the very integrity of the system is in danger.”
The Guardian, 26th January 2010
Source: www.guardian.co.uk
Council at centre of Edlington torture case to face investigation – The Guardian
“The beleaguered local authority at the centre of the Edlington torture case controversy is to face an official investigation into its management and leadership, it was announced today.”
The Guardian, 26th January 2010
Source: www.guardian.co.uk
Gilderdale case prompts fresh calls to clarify the law on assisted dying – The Times
“One devoted mother who helps her sick daughter to end her life with tablets and morphine walks free from court with a suspended sentence. Another is jailed for murder, to serve a minimum of nine years, after injecting her brain-damaged son with a lethal dose of heroin. The two contrasting cases have reignited the debate over ‘right to die’ and whether those who assist a loved one to end their suffering should be subject to criminal law.”
The Times, 26th January 2010
Source: www.timesonline.co.uk
Devoted mother Kay Gilderdale should never have been prosecuted, says judge – The Times
“A High Court judge has criticised the Director of Public Prosecutions for personally pursuing an attempted murder charge against a ‘selfless and devoted’ mother who helped her acutely ill daughter fulfil her wish to die.”
The Times, 26th January 2010
Source: www.timesonline.co.uk
Recent Statutory Instruments – OPSI
The Immigration and Nationality (Fees) Regulations 2010
The Immigration (Leave to Enter and Remain) (Amendment) Order 2010
The Additional Paternity Leave Regulations 2010
The Additional Statutory Paternity Pay (Weekly Rates) Regulations 2010
The Additional Paternity Leave (Adoptions from Overseas) Regulations 2010
The Additional Statutory Paternity Pay (Adoptions from Overseas) Regulations 2010
The Additional Statutory Paternity Pay (General) Regulations 2010
The Child Trust Funds (Amendment) Regulations 2010
The Agency Workers Regulations 2010
Source: www.opsi.gov.uk
Iraq war was illegal, top lawyer will tell Chilcot inquiry – The Guardian
“Tony Blair’s decision to take Britain to war in Iraq was illegal, the Foreign Office’s former chief legal adviser will tell the Chilcot inquiry this week.”
The Guardian, 24th January 2010
Source: www.guardian.co.uk
Kennedy v Information Commissioner and another – WLR Daily
Kennedy v Information Commissioner and another [2010] WLR (D) 6
“The Information Tribunal was correct in holding that the wording of s 32(2) of the Freedom of Information Act 2000 had a very wide scope. There was no right under the 2000 Act to disclosure of documents held by public authorities which had been placed in the custody of or created by a person conducting an inquiry or arbitration for the purposes of the inquiry or arbitration, even after the inquiry or arbitration had concluded; the documents fell under the absolute exemptions set out in s 32(2) of the Act, regardless of their content and the consequences of their disclosure, and notwithstanding the public interest in their disclosure. However, the exemption could be waived and the information could be released by inquiries and arbitrators when the public interest required it.”
WLR Daily, 22nd 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.
AXA Insurance plc and Another v Sulaman – Times Law Reports
AXA Insurance plc and Another v Sulaman
Court of Appeal
“It was not usually helpful to compare factual details in one case with another to decide whether to deprive a litigant of some costs.”
The Times, 25th January 2010
Source: www.timesonline.co.uk
Carey v HSBC Bank plc and Associated Cases – Times Law Reports
Carey v HSBC Bank plc and Associated Cases
Queen’s Bench Division
“A creditor could satisfy its duty under section 78 of the Consumer Credit Act 1974, to give a debtor, when asked in writing, a copy of the running-account regulated credit agreement and other documents referred to therein, by providing a reconstituted version of the executed agreement, which might be from sources other than the signed version.”
The Times, 25th January 2010
Source: www.timesonline.co.uk
Secret document which implicated Blair Peach coroner withheld by Home Office – The Guardian
“Government officials withheld a document relating to the death of Blair Peach, the anti-fascist campaigner widely believed to have been killed by police in 1979, because they feared it would portray the coroner as biased and lend weight to calls for a public inquiry.”
The Guardian, 22nd January 2010
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Starmer v R [2010] EWCA Crim 1 (22 January 2010)
Court of Appeal (Civil Division)
JO (Uganda) & Anor v Secretary of State for the Home Department [2010] EWCA Civ 10 (22 January 2010)
High Court (Chancery Division)
Lidl GmbH v Just Fitness Ltd & Anor [2010] EWHC 39 (Ch) (15 January 2010)
High Court (Queen’s Bench Division)
Uren v Corporate Leisure (UK) Ltd & Ors [2010] EWHC 46 (QB) (22 January 2010)
High Court (Administrative Court)
Secretary of State for Justice v Slee [2010] EWHC 73 (Admin) (22 January 2010)
OM (Algeria) v Secretary of State for the Home Department [2010] EWHC 65 (Admin) (22 January 2010)
High Court (Technology and Construction Court)
Rok Building Ltd v Celtic Composting Systems Ltd (No. 2) [2010] EWHC 66 (TCC) (22 January 2010)
Source: www.bailii.org
Solicitors drum up childhood-abuse cases with jail ads – The Times
“Solicitors are advertising in jails for prison inmates to make compensation claims for abuse against former carers and teachers. Some of the claims involve allegations stretching back decades.”
The Times, 24th January 2010
Source: www.timesonline.co.uk
Balancing security and rights – The Guardian
“Full-body scanners may be a valuable addition to airport security, but profiling is likely to prove unjustified and ineffective.”
The Guardian, 23rd January 2010
Source: www.guardian.co.uk
Equality bill: churches and campaigners demand clarity on religion’s exemption – The Guardian
“The government is facing allegations of duplicity over changes to the equality bill after a leaked document showed conflicting statements about the position of churches and other religious organisations.”
The Guardian, 25th January 2010
Source: www.guardian.co.uk
