Current Awareness

In re I (A Child) – WLR Daily

Posted December 4th, 2009 in conflict of laws, contact orders, domicile, EC law, law reports by sally

In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351

“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”

WLR Daily, 3rd December 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 (Adams) v Secretary of State for Justice – WLR Daily

Posted December 4th, 2009 in compensation, evidence, law reports, miscarriage of justice by sally

R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350

“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”

WLR Daily, 3rd December 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.

In re I (a Child) (Jurisdiction) – Times Law Reports

Posted December 4th, 2009 in law reports by sally

In re I (a Child) (Jurisdiction)

Supreme Court

“The right of parties in child contact proceedings to opt in to the jurisdiction of a European Union country which would not otherwise have jurisdiction to determine the child’s future could apply when the child lived outside the European Union.”

The Times, 4th December 2009

Source: www.timesonline.co.uk

Regina v Clements – Times Law Reports

Posted December 4th, 2009 in law reports by sally

Regina v Clements

Court of Appeal

“In a prosecution for a sexual offence, a previous conviction, even if for a sexual offence, was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.”

The Times, 4th December 2009

Source: www.timesonline.co.uk

Solicitor to be sentenced after stealing £90,000 from blind widow – Law Society’s Gazette

Posted December 4th, 2009 in forgery, news, solicitors, theft by sally

“A Black Country solicitor faces jail after stealing £90,000 from a blind widow and spending the money on luxury items including a pedigree ‘teacup’ chihuahua.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Criminal law: youth justice and sentencing – Law Society’s Gazette

Posted December 4th, 2009 in criminal justice, news, sentencing, young offenders by sally

“Major changes are being made to the way that courts may sentence young offenders. On 27 April, provisions were brought into force to increase the use of referral orders. These are mandatory if the offence is imprisonable and a first-time offender admits the offence and all connected offences, and the court does not deal with the matter by way of an absolute discharge, hospital order or custodial sentence.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Woolf calls for arbitration overhaul as he launches new guidance – Law Society’s Gazette

Posted December 4th, 2009 in arbitration, news by sally

“International arbitration has ‘lost its way’, the former lord chief justice Lord Woolf (pictured) told the Gazette this week, as he launched a set of guidelines which will build mediation into the arbitration process.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Delivering offender management services – Ministry of Justice

Posted December 4th, 2009 in prisons, special report by sally

“A document setting out the high-level strategic priorities that the Ministry of Justice requires the NOMS Agency to deliver in 2010-11.”

Full document

Ministry of Justice, 3rd December 2009

Source: www.justice.gov.uk

Administration of justice in Wales – Ministry of Justice

Posted December 4th, 2009 in speeches, Wales by sally

“Justice Minister Jack Straw has today given a speech about the administration of Justice in Wales.”

Full speech

Ministry of Justice, 3rd December 2009

Source: www.justice.gov.uk

The Supreme Court: is the House of Lords ‘losing part of itself’? – speech by Lord Neuberger

Posted December 4th, 2009 in speeches, Supreme Court by sally

“The Supreme Court: is the House of Lords ‘losing part of itself’? – the Young Legal Group of the British Friends of the Hebrew University lecture, 2nd December.”

Full speech

Judiciary of England and Wales, 3rd December 2009

Source: www.judiciary.gov.uk

£500 fine for £7k fake jacket con – BBC News

Posted December 4th, 2009 in fines, news, unfair commercial practices by sally

“A ‘dispicable’ conman must pay nearly £7,000 after conning an elderly couple into buying fake leather jackets.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk

Couple’s cruise payout challenged – BBC News

Posted December 4th, 2009 in damages, holidays, news by sally

“A cruise company has started an appeal to reduce £22,000 in damages awarded to a North Yorkshire couple who claim their dream holiday was ruined.”

Full story

BBC News, 3rd December 2009

Source: www.bbc.co.uk

Rome I comes into force, clarifies whose laws apply to contract disputes – OUT-LAW.com

Posted December 4th, 2009 in conflict of laws, contracts, news by sally

“Companies that negotiate contracts without specifying which country’s law should govern any contractual disputes between them will face a new legal regime in two weeks’ time. From 17th December, a new EU law, Rome I, will decide which law should apply.”

Full story

OUT-LAW.com, 3rd December 2009

Source: www.out-law.com

Why too much legal experience can subvert jury trial – The Times

Posted December 4th, 2009 in news by sally

“Like quite a few other lawyers, recently I was called to do jury service. Apart from the inevitable waiting around (note: bring a thick book and a sense of humour), my two weeks were spent trying one serious case (alleged rape and false imprisonment). This is not an article bashing the jury system. Nor am I going to talk about the decision in our case, because I can’t (even if I wanted to). But for a commercial practitioner, the experience certainly had some surprises.”

Full story

The Times, 3rd December 2009

Source: www.timesonline.co.uk

Law school BPP accused of exploiting demand to rake in more fees – The Times

Posted December 4th, 2009 in news by sally

“One of London’s most prestigious law schools is under investigation amid allegations that it exploited student demand, packing in extra numbers to boost income by almost £1 million.”

Full story

The Times, 4th December 2009

Source: www.timesonline.co.uk

Paramedic stopped resuscitating new-born baby too son, hearing told – Daily Telegraph

Posted December 4th, 2009 in disciplinary procedures, news, paramedics by sally

“Khalid Abdel-Rahim, a paramedic with the London Ambulance Service, faces being struck off by a conduct and competence committee at the Health Professions Council in London.”

Full story

Daily Telegraph, 4th December 2009

Source: www.telegraph.co.uk

Sellafield faces fine for exposing staff to radioactivity – The Guardian

Posted December 4th, 2009 in fines, health & safety, news, nuclear waste by sally

“The safety record of Britain’s nuclear industry will be tarnished tomorrow when managers at the Sellafield complex in Cumbria are fined for exposing staff to radioactive contamination.”

Full story

The Guardian, 3rd December 2009

Source: www.guardian.co.uk

More than 1,200 UK shopping websites shut down – The Times

Posted December 4th, 2009 in news by sally

“More than 1,200 illegal internet shopping websites that have made millions of pounds for criminals have been shut down by Scotland Yard in the biggest operation of its kind in Britain.”

Full story

The Times, 4th December 2009

Source: www.timesonline.co.uk