Regina v Horncastle and Another; Regina v Marquis and Another – Times Law Reports

Posted December 10th, 2009 in law reports by sally

Regina v Horncastle and Another; Regina v Marquis and Another

Supreme Court

“A defendant’s right to a fair trial guaranteed by article 6 of the European Convention on Human Rights would not be violated where his conviction was based solely or to a decisive extent on the statement of an absent witness, provided that the provisions of the Criminal Justice Act 2003 were observed.”

The Times, 10th December 2009

Source: www.timesonline.co.uk

Ex-BBC presenter Ashley Blake refused leave to appeal – BBC News

Posted December 10th, 2009 in appeals, assault, news, perverting the course of justice, sentencing by sally

“A former BBC TV presenter who was jailed for two years for hitting a teenager with a pole has been told he cannot appeal against his sentence.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Improving and clarifying the law on conspiracy and attempts to commit crimes – Law Commission

Posted December 10th, 2009 in attempts, conspiracy, special report by sally

“On 10 December 2009 we published our report on Conspiracy and Attempts.  This report makes recommendations to reform the law governing the criminal liability of those who agree, or attempt, to commit offences.”

Full report

Law Commission, 10th December 2009

Source: www.lawcom.gov.uk

Call to change ‘criminal conspiracy’ law – BBC News

Posted December 10th, 2009 in conspiracy, news by sally

“Senior lawyers say the law in England and Wales should be changed to make it easier to prove criminal conspiracy. The Law Commission says criminals can currently escape prosecution for conspiracy by claiming they did not know what they were doing was illegal.”

Full story

BBC News, 10th December 2009

Source: www.bbc.co.uk

Using intercept evidence in court ‘not yet viable’ – BBC News

Posted December 10th, 2009 in admissibility, evidence, interception, news by sally

“The use of intercept evidence in criminal trials is not yet ‘legally or practically viable’, the independent reviewer of terror laws has said.”

Full story

BBC News, 10th December 2009

Source: www.bbc.co.uk

Former MI5 man loses supreme court case in memoirs fight – The Guardian

Posted December 10th, 2009 in confidentiality, intelligence services, investigatory powers, news, tribunals by sally

“Judges rule battle to publish book must be pursued in secretive investigatory powers tribunal.”

Full story

The Guardian, 9th December 2009

Source: www.guardian.co.uk

Government-ordered review to call for sport to unite in corruption war – The Guardian

Posted December 10th, 2009 in corruption, news, sport by sally

“A review launched by the government in the wake of high-profile match-fixing allegations is set to recommend the creation of a single unit dedicated to investigating corruption in sports betting.”

Full story

The Guardian, 10th December 2009

Source: www.guardian.co.uk

Scientists urge reform of ‘lethal’ libel law – The Times

Posted December 10th, 2009 in news by sally

“England’s draconian libel laws pose a danger to public health because they are interfering with the research published by medical journals, senior editors and scientists said.”

Full story

The Times, 10th December 2009

Source: www.timesonline.co.uk

Bath Spa: Council paid £4m compensation for delay – BBC News

Posted December 9th, 2009 in building law, compensation, contracts, delay, news by sally

“Bath and North East Somerset Council was paid at least £4.17m in compensation for the delayed Bath Spa Project, its accounts have revealed.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

R (A) v Director of Establishments of the Security Service – WLR Daily

Posted December 9th, 2009 in intelligence services, investigatory powers, jurisdiction, law reports, tribunals by sally

R (A) v Director of Establishments of the Security Service [2009] UKSC 12; [2009] WLR (D) 356

“Jurisdiction to hear a claim against the intelligence services for a violation of the right to freedom of expression guaranteed by art 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms was granted exclusively to the Investigatory Powers Tribunal (“IPT”) by s 65(2)(a) of the Regulation of Investigatory Powers Act 2000. Therefore the High Court had no jurisdiction to hear an application for judicial review brought by a former member of the Security Service in respect of a refusal of permission to publish a book about his work with the service.”

WLR Daily, 9th 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.

Judges block horse injury claim – BBC News

Posted December 9th, 2009 in compensation, duty of care, horses, local government, news, personal injuries by sally

“A County Durham man left with brain damage after being kicked by a horse at a Cumbrian fair, has been blocked from claiming compensation.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Firm fined after chemical explosion closed motorways – BBC News

Posted December 9th, 2009 in explosives, fines, fire, health & safety, news by sally

“An international waste management company has been fined £150,000 after a major chemical fire closed two motorways in Lancashire.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Coroner criticises MoD over fatal helicopter crash – The Independent

Posted December 9th, 2009 in armed forces, health & safety, inquests, news by sally

“A coroner today criticised the Ministry of Defence for failing to adequately maintain a helicopter which crashed and caught fire in Iraq, claiming the lives of two SAS soldiers.”

Full story

The Independent, 9th December 2009

Source: www.independent.co.uk

BBC was unfair to Crufts organiser in pedigree dogs exposé, rules Ofcom – The Guardian

Posted December 9th, 2009 in media, news by sally

“Ofcom has ruled that controversial BBC1 documentary Pedigree Dogs Exposed, which alleged that events such as Crufts awarded top prizes to unhealthy and inbred  animals, was unfair in some aspects of its treatment of the Kennel Club.”

Full story

The Guardian, 9th December 2009

Source: www.guardian.co.uk

Hotelier Ben Vogelenzang cleared of insulting Muslim guest – The Times

Posted December 9th, 2009 in news by sally

“A district judge questioned the character of a Muslim convert as he dismissed the case against husband and wife Christian hoteliers who she claimed had deeply offended her new-found religion.”

Full story

The Times, 9th December 2009

Source: www.timesonline.co.uk

Briton guilty of plotting ‘deadly terror attack’ – BBC News

Posted December 9th, 2009 in conspiracy, murder, news, terrorism by sally

“A British Muslim has been convicted of conspiring to murder civilians in a ‘deadly terrorist attack’.”

Full story

BBC News, 9th December 2009

Source: www.bbc.co.uk

Killer nurse granted leave to appeal – The Independent

Posted December 9th, 2009 in appeals, murder, news by sally

“A former staff nurse serving at least 30 years behind bars for the murder of four patients at two Leeds hospitals was given the go-ahead to challenge his conviction today.”

Full story

The Independent, 9th December 2009

Source: www.independent.co.uk

Shops ‘unfair’ over shoplifting cases – The Independent

Posted December 9th, 2009 in compensation, news, theft, unfair commercial practices by sally

“Tesco, Boots and a host of high street giants are using a ‘deceitful’ and ‘unfair’ system to seek hundreds of pounds in compensation payouts from petty shoplifters, a report claimed today.”

Full story

The Independent, 9th December 2009

Source: www.independent.co.uk

Autumn performance report 2009 – Ministry of Justice

Posted December 9th, 2009 in Ministry of Justice, special report by sally

“An assessment of our performance against departmental strategic objectives, public service agreements and value for money targets.”

Full report

Ministry of Justice, 8th December 2009

Source: www.justice.gov.uk

BAILII – Recent Decisions

Posted December 9th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Chief Constable of Lincolnshire Police v Caston [2009] EWCA Civ 1298 (08 December 2009)

Clarence House Ltd v National Westminster Bank Plc [2009] EWCA Civ 1311 (08 December 2009)

High Court (Administrative Court)

Quila & Anor v Secretary of State for the Home Department [2009] EWHC 3189 (Admin) (07 December 2009)

Meredith & Ors v Traffic Commissioner for the Western Traffic Area [2009] EWHC 2975 (Admin) (08 December 2009)

Unison, R (on the application of) v Monitor & Ors [2009] EWHC 3221 (Admin) (09 December 2009)

High Court (Chancery Division)

CPC Group Ltd v Qatari Diar Real Estate Investment Company [2009] EWHC 3204 (Ch) (07 December 2009)

Arjo Wiggins Ltd v Ralph [2009] EWHC 3198 (Ch) (07 December 2009)

Clydesdale Financial Services Ltd & Ors v Smailes & Ors [2009] EWHC 3190 (Ch) (08 December 2009)

High Court (Family Division)

Local Authority v M & M & Ors [2009] EWHC 3172 (Fam) (07 December 2009)

O & Anor v Orkney Island Council [2009] EWHC 3173 (Fam) (07 December 2009)

High Court (Technology and Construction Court)

Buildability Ltd v O’Donnell Developments Ltd [2009] EWHC 3196 (TCC) (08 December 2009)

Source: www.bailii.org