Jury blasts staff over death in cell – The Times

Posted February 10th, 2009 in inquests, mental health, news, prisons, suicide by sally

“Staff at a privately run jail failed to do all they could to ensure the safety of an inmate who killed himself while suffering a mental illness, a coroner’s jury ruled yesterday.”

Full story 

The Times, 10th February 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 9th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Attorney General’s Reference No 70 of 2008 [2009] EWCA Crim 100 (21 January 2009)

Court of Appeal (Civil Division)

Masri v Consolidated Contractors (Oil and Gas) Company Sal [2009] EWCA Civ 36 (06 February 2009)

High Court (Chancery Division)

Oak Investment Partners XII, Ltd. Partnership v Boughtwood & Ors [2009] EWHC 176 (Ch) (06 February 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted February 9th, 2009 in legislation by sally

The European Parliament (Disqualification)(United Kingdom and Gibraltar) Order 2009

The Public Service Vehicles Accessibility (Amendment) Regulations 2009

The Road Vehicles (Construction and Use) (Amendment) Regulations 2009

The Financial Assistance For Industry (Increase of Limit) Order 2009

The Companies Act 2006 (Accounts, Reports and Audit) Regulations 2009

Source: www.opsi.gov.uk

Guidance on the law applicable to non-contractual obligations (Rome II) – Ministry of Justice

Posted February 9th, 2009 in conflict of laws, EC law, news by sally

“A guide to the main provisions in the European Community regulation on the law applicable to non-contractual obligations (Rome II), which came into force on 11 January 2009.”

Full story

Ministry of Justice, 9th February 2009

Source: www.justice.gov.uk

Haringey London Borough Council v Department of Children, Schools and Families and another – WLR Daily

Posted February 9th, 2009 in adoption, law reports by sally

Haringey London Borough Council v Department of Children, Schools and Families and another; [2009] WLR (D) 38

“S 84(4) of the Adoption and Children Act 2002 did not require that the period of ten weeks referred to in that section be spent in the United Kingdom.”

WLR Daily, 6th February 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.

Diggins v Condor Marine Crewing Services Ltd – WLR Daily

Posted February 9th, 2009 in employment tribunals, jurisdiction, law reports, ships, unfair dismissal by sally

Diggins v Condor Marine Crewing Services Ltd; [2009] WLR (D) 37

“The claimant, who lived in the United Kingdom and was employed as a chief officer on a ferry registered in Nassau which sailed from Portsmouth to the Channel Islands, returning to Portsmouth each working day, was entitled to bring a claim of unfair dismissal and was not excluded by the provisions relating to mariners in s 199 of the Employment Rights Act 1996.”

WLR Daily, 6th February 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.

ZT (Kosovo) v Secretary of State for the Home Department – Times Law Reports

Posted February 9th, 2009 in asylum, news by sally

ZT (Kosovo) v Secretary of State for the Home Department

House of Lords

“When a claim for asylum had been rejected as clearly unfounded under section 94(2) of the Nationality, Immigration and Asylum Act 2002, and the claimant made further submissions, the Secretary of State for the Home Department had to consider whether those further submissions created a realistic prospect of success under rule 353 of the Immigration Rules (HC 395) and not whether they were clearly unfounded under section 94 of the 2002 Act.”

The Times, 9th February 2009

Source: www.timesonline.co.uk

Please note that the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Ecstasy should be downgraded to class B drug say government advisers – Daily Telegraph

Posted February 9th, 2009 in drug offences, news by sally

“Ecstasy should be downgraded to a class B drug, the government’s drugs advisers are to recommend.”

Full story

Daily Telegraph, 7th February 2009

Source: www.telegraph.co.uk

Government compiles travel records database – The Independent

Posted February 9th, 2009 in data protection, news by sally

“The Government is compiling a database to track and store the international travel records of millions of people. ”

Full story

The Independent, 8th February 2009

Source: www.independent.co.uk

Legal loopholes ‘allowing MI5 to collude in torture’ – The Guardian

Posted February 9th, 2009 in intelligence services, news, torture by sally

“An international human rights organisation is calling on the British government to close down legal loopholes that appear to give MI5 officers immunity from prosecution if they collude in the torture of British terrorism suspects in Pakistan.”

Full story

The Guardian, 6th February 2009

Source: www.guardian.co.uk

Text death sentence up for review – BBC News

Posted February 9th, 2009 in dangerous driving, news, sentencing by sally

“The Attorney General is to review the sentence of a motorist jailed for causing death by dangerous driving after using her mobile phone.”

Full story

BBC News, 6th February 2009

Source: www.bbc.co.uk

Prisoners demand right to be fathers after landmark European ruling – Daily Telegraph

Posted February 9th, 2009 in human rights, news, parental rights, prisons by sally

“Six prisoners in British jails have applied to have children with their partners following a landmark European court ruling that their human rights would be breached if they are prevented from becoming fathers.”

Full story

Daily Telegraph, 8th February 2009

Source: www.telegraph.co.uk

Rape victim makes plea to others – BBC News

Posted February 9th, 2009 in anonymity, news, rape by sally

“A woman, raped by an ex-boyfriend, has waived her anonymity to encourage other victims to report their ordeal.”

Full story

BBC News, 6th February 2009

Source: www.bbc.co.uk

Army victims’ lawyer ‘had death threats’ – The Independent

Posted February 9th, 2009 in armed forces, intimidation, legal profession, media, news by sally

“MoD accused of waging ‘black propaganda’ campaign against human rights activists.”

Full story

The Independent, 7th February 2009

Source: www.independent.co.uk

Attacked teacher’s £280k payout – BBC News

Posted February 9th, 2009 in assault, criminal injuries compensation, news, teachers by sally

“A teacher who was assaulted by a pupil has been awarded £280,000 – one of the highest awards given to a teacher, it is believed.”

Full story

BBC News, 6th February 2009

Source: www.bbc.co.uk

Balls: ‘I did right thing over Baby P’ – The Guardian

Posted February 9th, 2009 in child abuse, news, social services by sally

“The Children’s secretary Ed Balls launched a strong defence of his handling of the Baby P tragedy last night after Haringey’s former head of children’s services accused him of ‘breathtaking recklessness’ that had left social workers demoralised and put children’s safety at risk.”

Full story

The Guardian, 8th February 2009

Source: www.guardian.co.uk

Parking fine man received £20,000 – BBC News

Posted February 9th, 2009 in damages, fines, news, parking, psychiatric damage by sally

“A man was awarded £20,000 in damages after claiming he was distressed by parking fines totalling £200.”

Full story

BBC News, 8th February 2009

Source: www.bbc.co.uk

Barrister flown back to UK and jailed – The Independent

Posted February 6th, 2009 in barristers, fraud, news by sally

” A former barrister who was jailed in her absence after fleeing to France in the middle of her fraud trial was back behind bars today.”

Full story

The Independent, 6th February 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted February 6th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Charlton v Secretary of State for Work and Pensions [2009] EWCA Civ 42 (06 February 2009)

High Court (Queen’s Bench Division)

Clyde & Co Llp & Anor v New Look Interiors of Marlow Ltd & Anor [2009] EWHC 173 (QB) (06 February 2009)

High Court (Commercial Court)

Bernhard Schulte Shipmanagement (Bermuda) Ltd Partnership v BP Shipping Ltd [2009] EWHC 111 (Comm) (29 January 2009)

Source: www.bailii.org

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) – WLR Daily

Posted February 6th, 2009 in disclosure, judgments, law reports, public interest, torture by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (4) [2009] EWHC 152 (Admin); [2009] WLR (D) 36

“A novel issue, the striking of a balance between the public interest in national security and the public interest in open justice, the rule of law and democratic accountability, lay at the heart of the court’s consideration of whether to restore passages, summarising information relating to an arguable case of torture and cruel, inhuman or degrading treatment of the claimant, which had been redacted from the court’s first open judgment at the request of the Foreign Secretary on grounds of national security. The rule of law required that the determination of where the balance lay was ultimately for the decision of the court.”

WLR Daily, 5th February 2009

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.