Constitutional Reform and Governance Bill second reading – Ministry of Justice

Posted October 21st, 2009 in constitutional reform, news, parliament by sally

“Government proposals to end the hereditary principle in the House of Lords will be debated today as the Constitutional Reform and Governance Bill has its second reading.”

Full story

Ministry of Justice, 20th October 2009

Source: www.justice.gov.uk

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) – WLR Daily

Posted October 21st, 2009 in elections, forfeiture, law reports, political parties by sally

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2009] EWCA Civ 1078; [2009] WLR (D) 299

“Once an impermissible donation had been made to a registered political party and the party had not returned it a magistrates’ court should on an application by the Electoral Commission normally exercise its discretion under section 58(2) of the Political Parties, Elections and Referendums Act 2000 to order forfeiture of an amount equal to the value of the donation.”

WLR Daily, 19th October 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 (GG) v Secretary of State for the Home Department – Times Law Reports

Posted October 21st, 2009 in law reports by sally

Regina (GG) v Secretary of State for the Home Department

Court of Appeal

“There was no general requirement in a control order to submit to searches of the person.”

The Times, 21st October 2009

Source: www.timesonline.co.uk

Matalan Retail Ltd v Commissioners of Revenue and Customs – Times Law Reports

Posted October 21st, 2009 in law reports by sally

Matalan Retail Ltd v Commissioners of Revenue and Customs

Chancery Division

“Where, for duty purposes, a classification was allocated to imported swimwear but that was then revised and corrected, the VAT and Duties Tribunal and Revenue and Customs Commissioners were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original lower classification.”

The Times, 21st October 2009

Source: www.timesonline.co.uk

Regina (Child Poverty Action Group) v Secretary of State for Work and Pensions – Times Law Reports

Posted October 21st, 2009 in law reports by sally

Regina (Child Poverty Action Group) v Secretary of State for Work and Pensions

Court of Appeal

“Where the cause of an overpayment of social security benefits was neither misrepresentation nor non-disclosure, the Secretary of State for Work and Pensions was not entitled to resort to common law to recover the money paid.”

The Times, 21st October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 21st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Birmingham City Council v Qasim & Ors [2009] EWCA Civ 1080 (20 October 2009)

Wilson v Health and Safety Executive [2009] EWCA Civ 1074 (20 October 2009)

Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2009] EWCA Civ 1022 (20 October 2009)

Boggis & Anor v Natural England [2009] EWCA Civ 1061 (20 October 2009)

AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 (20 October 2009)

High Court (Chancery Division)

Red 12 Trading Ltd v Revenue & Customs [2009] EWHC 2563 (Ch) (20 October 2009)

Jirehouse Capital & Ors v Beller & Anor [2009] EWHC 2538 (Ch) (20 October 2009)

High Court (Queen’s Bench)

Guerrero & Ors v Monterrico Metals Plc & Anor (Rev 1) [2009] EWHC 2475 (QB) (16 October 2009)

High Court (Administrative Court)

Casson & Anor v The Law Society [2009] EWHC 1943 (Admin) (20 October 2009)

Kaupthing Bank hf, R (on the application of) v HM Treasury [2009] EWHC 2542 (Admin) (20 October 2009)

High Court (Technology and Construction Court)

Natl Amusements (UK) Ltd & Ors v White City (Shepherds Bush) Ltd Partnership & Anor [2009] EWHC 2524 (TCC) (16 October 2009)

Source: www.bailii.org

Freedom of Information – BBC News

Posted October 21st, 2009 in freedom of information, news by sally

“The Freedom of Information Act 2000 finally came into force on 1st January 2005.

Soon to celebrate its fifth birthday the Act is regarded by many as a crucial tool in bringing transparency and accountability to government.”

Full story

BBC News, 20th October 2009

Source: www.bbc.co.uk

The jury’s still out on whether internet use affects the brain – The Times

Posted October 21st, 2009 in news by sally

“Advances in technology have revealed that our brains are far more altered by experience or training than was thought possible. The memory-storing hippocampus region of the brain in London taxi drivers is bigger, and the auditory areas of musicians more developed, than average. Even learning to juggle can result in a certain amount of rewiring of the brain.”

Full story

The Times, 21st October 2009

Source: www.timesonline.co.uk

Lord Judge calls for jury system that caters for computer generation – The Times

Posted October 21st, 2009 in news by sally

“The jury system is threatened by the internet generation, who no longer get their information from listening to people speaking, the Lord Chief Justice warned yesterday.”

Full story

The Times, 21st October 2009

Source: www.timesonline.co.uk

Lawyer guilty of conning bank out of millions – The Independent

Posted October 21st, 2009 in fraud, news by sally

“A powerful City lawyer was facing jail yesterday after being found guilty of conning one the world’s richest banks out of millions of pounds.”

Full story

The Independent, 21st October 2009

Source: www.independent.co.uk

Free speech in parliament is precious, says lord chief justice – The Guardian

Posted October 21st, 2009 in freedom of expression, injunctions, news, parliament by sally

“Britain’s most senior judge has warned his fellow judges that he cannot envisage any circumstances in which it would be “constitutionally possible or proper” for a court to make an order that gagged debate in parliament. His warning follows the Guardian’s free speech victory last week when lawyers for the oil trading company Trafigura gave up their attempt to gag parliament over its dumping of toxic waste in Ivory Coast.”

Full story

The Guardian, 20th October 2009

Source: www.guardian.co.uk

Intern ‘had no access to inside information’ – The Times

Posted October 21st, 2009 in news by sally

“An intern at Hoare Govett accused of leaking secret information about takeovers was given menial tasks, a court heard.”

Full story

The Times, 20th October 2009

Source: www.timesonline.co.uk

Government measures against illegal file-sharing to be watered down – The Guardian

Posted October 21st, 2009 in copyright, internet, news by sally

“Culture secretary Ben Bradshaw revealed today that controversial measures to tackle illegal file-sharing will be watered down following fierce opposition.”

Full story

The Guardian, 20th October 2009

Source: www.guardian.co.uk

Service related pay schemes at work could be unlawful – Daily Telegraph

Posted October 21st, 2009 in employment, equal pay, news, sex discrimination by sally

“Companies that pay staff more for long service could be forced to scrap schemes after a landmark ruling that they might discriminate against women.”

Full story

Daily Telegraph, 20th October 2009

Source: www.telegraph.co.uk

Top judge ‘to restore confidence’ – BBC News

Posted October 21st, 2009 in criminal justice, Crown Prosecution Service, news, prosecutions by sally

“The Lord Chief Justice has said public confidence in the justice system will be ‘undermined’ if prosecutions are abandoned because they cost too much.”

Full story

BBC News, 20th October 2009

Source: www.bbc.co.uk

Tribunal quashes point of sale PPI ban – OUT-LAW.com

Posted October 20th, 2009 in competition, insurance, news by sally

“The Competition Commission must reconsider its ban on the sale of payment protection insurance (PPI) at the same time as a loan or credit, the Competition Appeal Tribunal has ruled. But the decision is not necessarily the end of the point of sale prohibition.”

Full story

OUT-LAW.com, 20th October 2009

Source: www.out-law.com

How our senior libel judge stamps on free speech – all over the world – The Guardian

Posted October 20th, 2009 in defamation, freedom of expression, injunctions, judges, news by sally

“Mr Justice Eady’s rulings amplify the democratic world’s most illiberal laws – enabled by 12 years of utterly feeble leadership.”

Full story

The Guardian, 19th October 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted October 20th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

King, R. v [2009] EWCA Crim 1990 (09 September 2009)

Boothe, R. v [2009] EWCA Crim 1938 (10 September 2009)

Blythe, R. v [2009] EWCA Crim 1982 (17 September 2009)

Source: www.bailii.org

Earles v Barclays Bank plc – Times Law Reports

Posted October 20th, 2009 in law reports by sally

Earles v Barclays Bank plc

Queen’s Bench Division

“Although there was no duty on parties to preserve documents before proceedings commenced, after that the situation was radically different.”

The Times, 20th October 2009

Source: www.timesonline.co.uk

Regina (QY) (China) v Secretary of State for the Home Department – Times Law Reports

Posted October 20th, 2009 in law reports by sally

Regina (QY) (China) v Secretary of State for the Home Department

Court of Appeal

“Even if the assumption was made that removing a foreign national who had forfeited the right to remain could amount to an interference with private life within the meaning of article 8.1 of the European Convention on Human Rights, her removal was nevertheless lawful.”

The Times, 20th October 2009

Source: www.timesonline.co.uk