R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others – WLR Daily

Posted December 2nd, 2009 in constitutional law, elections, human rights, law reports, Sark by sally

R (Barclay and others) v The Lord Chancellor and Secretary of State for Justice and others [2009] UKSC 9; [2009] WLR (D) 349

“The presence of two unelected non-voting members in the legislature of the Channel Island of Sark, which had 28 democratically elected voting members, did not contravene art 3 of the First Protocol to the European Convention for the Protection of Human Rights and Fundamental Freedoms, and alternatively, even if art 3 had required that all members be elected, was well within the margin of appreciation afforded by the article. A prohibition on aliens standing for election as members of the legislature was not incompatible with art 3.”

WLR Daily, 1st 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.

Oxfam v Revenue and Customs Commissioners – WLR Daily

Posted December 2nd, 2009 in jurisdiction, law reports, tribunals, VAT by sally

Oxfam v Revenue and Customs Commissioners [2009] EWHC 3078 (Ch); [2009] WLR (D) 348

“The VAT & Duties Tribunal had jurisdiction under s 83(1)(c) of the Value Added Tax Act 1994 to determine an appeal concerning recovery of input value added tax where the claim was based upon public law principles and the doctrine of legitimate expectation.”

WLR Daily, 1st 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.

Secretary of State for the Environment, Food and Rural Affairs v Meier and others – WLR Daily

Posted December 2nd, 2009 in injunctions, law reports, trespass by sally

Secretary of State for the Environment, Food and Rural Affairs v Meier and others [2009] UKSC 11; [2009] WLR (D) 347

“Where travellers were trespassing in part of a wood owned by the claimant and threatened to go to some other wood owned by him if they were moved, an injunction to restrain such further trespass might be granted, but an order for possession in respect of other distinct woods not currently occupied by them could not be justified.”

WLR Daily, 1st 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.

Regina (Barclay and Others) v The Lord Chancellor and Secretary of State for Justice and Others – Times Law Reports

Posted December 2nd, 2009 in law reports by sally

Regina (Barclay and Others) v Chancellor and Secretary of State for Justice and Others

Supreme Court

“The presence of two unelected, non-voting members in the legislature of the Channel Island of Sark which had 28 voting members democratically elected by an electorate of under 500 was not incompatible with article 3 of the First Protocol to the European Convention on Human Rights, and, having regard to the constitutional history and political factors relating to Sark, was well within the margin of appreciation afforded by article 3.”

The Times, 2nd December 2009

Source: www.timesonline.co.uk

Privacy and the press: where are we now? – speech by Mr Justice Eady

Posted December 2nd, 2009 in media, privacy, speeches by sally

“Privacy and the press: where are we now? at the Justice conference, 1st December.”

Full speech

Judiciary of England and Wales, 1st December 2009

Source: www.judiciary.gov.uk

The Criminal Procedure Rules and witness attendance for magistrates – speech by Nicholas Moss, JP

Posted December 2nd, 2009 in criminal procedure, magistrates, speeches, witnesses by sally

“The Criminal Procedure Rules and witness attendance for magistrates’ – speech to the  Magistrates’ Association Council, London on 26 November 2009.”

Full speech

Judiciary of England and Wales, 1st December 2009

Source: www.judiciary.gov.uk

Software development agreement did not transfer copyright, rules High Court – OUT-LAW.com

Posted December 2nd, 2009 in computer programs, copyright, news by sally

“A company has failed in its attempt to declare itself the owner of software that it paid another company to develop. The High Court has refused to declare that copyright in the software passed to Infection Control Enterprises Ltd (ICEL).”

Full story

OUT-LAW.com, 2nd December 2009

Source: www.out-law.com

Bar ‘Setting the Pace’ on Social Mobility – New Report – The Bar Council

Posted December 2nd, 2009 in barristers, press releases by sally

“A report out today shows how the Bar has adopted the widest range of initiatives of any profession to encourage social mobility.”

Full press release

The Bar Council, 2nd December 2009

Source: www.barcouncil.org.uk

Gary McKinnon extradition decision defended by Johnson – BBC news

Posted December 2nd, 2009 in computer crime, extradition, news by sally

“The Home Secretary has defended his decision to allow the extradition of computer hacker Gary McKinnon amid criticism from some MPs.”

Full story

BBC News, 1st December 2009

Source: www.bbc.co.uk

Train drivers win injury payout – BBC News

Posted December 2nd, 2009 in compensation, health & safety, industrial injuries, news, railways by sally

“Three train drivers who claimed that an industrial injury left their hands permanently disabled have been awarded more than £22,000 in compensation.”

Full story

BBC News, 30th November 2009

Source: www.bbc.co.uk

Court to decide over burial error – BBC News

Posted December 2nd, 2009 in burials and cremation, news by sally

“A church court is to decide whether to exhume a man’s body after he was buried in a plot reserved for a widow of another man.”

Full story

BBC News, 2nd December 2009

Source: www.bbc.co.uk

Legality of Tory ‘easyCouncil’ experiment to be tested in high court – The Guardian

Posted December 2nd, 2009 in housing, judicial review, local government, news, social services by sally

“The legality of a Conservative experiment in ‘no-frills’ local government will be challenged in the high court today by more than 250 sheltered housing residents who are furious at their council’s decision to remove live-in wardens to cut costs.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Baby P emails: judge demands explanation from Ofsted – The Guardian

Posted December 2nd, 2009 in child abuse, disclosure, evidence, news, social services by sally

“Newly disclosed court documents suggest Ofsted inspectors who wrote a damning report on Haringey children’s services were ordered to delete emails relating to Baby Peter and the council, a high court judge disclosed today.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Dog that killed Jean-Paul Massey was banned pit bull – The Times

Posted December 2nd, 2009 in dogs, news by sally

“The dog that mauled a four-year-old boy to death in Liverpool was a pitbull terrier-type outlawed under the Dangerous Dogs Act, police said yesterday. Jean-Paul Massey died from multiple injuries when the animal attacked him early on Monday at the home of his grandmother, Helen Foulkes. The dog was shot dead by a police marksman in the front garden. Investigations into the incident are continuing. A post-mortem examination has determined that the animal, named Uno, was an illegally bred pitbull. The finding opens the way to a criminal investigation, and possible charges.”

Full story

The Times, 2nd December 2009

Source: www.timesonline.co.uk

Father jailed for cruelty to children – The Independent

Posted December 2nd, 2009 in child cruelty, news, sentencing by sally

“A ‘Jekyll and Hyde’ father who was found guilty of a string of cruelty charges against his children was jailed for five years today.”

Full story

The Independent, 1st December 2009

Source: www.independent.co.uk

Judge in Max Mosley trial hits back at criticism over privacy cases – The Guardian

Posted December 2nd, 2009 in judges, news, privacy by sally

“The high court judge at the centre of a string of controversial privacy cases, including one involving the motor racing chief Max Mosley, spoke out against his critics today, claiming he had been subjected to ‘personal abuse’ by parts of the media.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Rape investigations unit launched as Met aims to target serial attackers – The Guardian

Posted December 2nd, 2009 in news, police, rape by sally

“The country’s first dedicated rape intelligence unit has been set up within the Metropolitan police promising to identify and track down serial attackers, in response to a series of high-profile failures that left prolific sex offenders free to prey on hundreds of women.”

Full story

The Guardian, 2nd December 2009

Source: www.guardian.co.uk

Gordon Brown to force plan for voting reform referendum before election – The Times

Posted December 2nd, 2009 in news by sally

“Gordon Brown will attempt to force plans for a referendum on changing Britain’s voting system through Parliament before the next election, The Times has learnt.”

Full story

The Times, 2nd December 2009

Source: www.timesonline.co.uk

Head of government task force found guilty of bullying her workers – The Times

Posted December 2nd, 2009 in news by sally

“The head of a government task force for women in business was ordered to pay compensation yesterday after a tribunal found that she had bullied a string of workers, including women.”

Full story

The Times, 2nd December 2009

Source: www.timesonline.co.uk

Skateboard pigeon killer guilty – BBC news

Posted December 1st, 2009 in animal cruelty, birds, news, sentencing, young offenders by sally

“A teenager has pleaded guilty to killing a pigeon by hitting it with a skateboard.”

Full story

BBC News, 1st December 2009

Source: www.bbc.co.uk