Court of protection receives more than 2,000 complaints a year – Daily Telegraph

Posted October 26th, 2009 in complaints, Court of Protection, news by sally

“A court set up to look after the financial interests of people suffering from mental incapacity through illness, accident or dementia has sparked more than 2,000 complaints a year since it was set up.”

Full story

Daily Telegraph, 25th October 2009

Source: www.telegraph.co.uk

Court victory for woman sued by her alleged rapist – The Sunday Times

Posted October 26th, 2009 in news by sally

“A woman who spent her life savings fighting her alleged rapist after he tried to sue her tells of her 14-year ordeal.”

Full story

The Sunday Times, 25th October 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted October 24th, 2009 in legislation by sally

The Identity Cards Act 2006 (Application and Issue of ID Card and Notification of Changes) Regulations 2009

The Identity Cards Act 2006 (Prescribed Information) Regulations 2009

The Identity Cards Act 2006 (Provision of Information without Consent) Regulations 2009

The Artist’s Resale Right (Amendment) Regulations 2009

The Transfer of Tribunal Functions Order 2009

The Misuse of Drugs Act 1971 (Amendment) Order 2009

The Identity Cards Act 2006 (Fees) Regulations 2009

The Council Tax and Non-Domestic Rating (Electronic Communications) (Wales) Order 2009

The Staffing of Maintained Schools (Wales) (Amendment) Regulations 2009

The Conwy (Llandudno and Conwy) Order 2009

The Wrexham (Communities) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted October 24th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hunt v AB [2009] EWCA Civ 1092 (22 October 2009)

Yarl’s Wood Immigration Ltd & Ors v Bedfordshire Police Authority [2009] EWCA Civ 1110 (23 October 2009)

Generics UK Ltd v Synaptech Inc [2009] EWCA Civ 1119 (16 October 2009)

Wilkinson v Secretary of State for Work and Pensions [2009] EWCA Civ 1111 (23 October 2009)

Virgin Atlantic Airways Ltd v Premium Aircraft Interiors UK Ltd [2009] EWCA Civ 1062 (22 October 2009)

Joseph & Ors v Spiller & Anor [2009] EWCA Civ 1075 (22 October 2009)

High Court (Chancery Division)

Pocket Kings Ltd v Safenames Ltd & Anor [2009] EWHC 2529 (Ch) (16 October 2009)

High Court (Commercial Court)

Bank of New York Mellon v GV Films [2009] EWHC 2338 (Comm) (15 September 2009)

High Court (Technology and Construction Court)

Estor Ltd v Multifit (UK) Ltd [2009] EWHC 2565 (TCC) (23 October 2009)

Source: www.bailii.org

Judge slams use of partner instead of wife – Daily Telegraph

Posted October 24th, 2009 in judges, news by sally

“Old fashioned chivalry or just old fashioned? A judge has taken the extraordinary step of disrupting a court case to express his exasperation at the modern use of the word partner in place of wife.”

Full story

Daily Telegraph, 23rd October 2009

Source: www.telegraph.co.uk

Immigration judges: ‘Afghanistan is not in a state of war’ – The Independent

Posted October 24th, 2009 in Afghanistan, asylum, deportation, immigration, news, tribunals by sally

“Hundreds of Afghans living in Britain face being deported after immigration judges ruled that their home country’s bloody conflict did not make the region an unsafe place to return failed asylum-seekers.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Black detective claims racial discrimination against Met – Daily Telegraph

Posted October 24th, 2009 in employment tribunals, news, police, race discrimination by sally

“A black detective who was racially abused by two of the former Stephen Lawrence murder suspects is claiming that Metropolitan Police discriminated against him at work.”

Full story

Daily Telegraph, 23rd October 2009

Source: www.telegraph.co.uk

Former PC jailed for having sex on-duty – The Independent

Posted October 24th, 2009 in misfeasance in public office, news, police, sentencing by sally

“A former police officer who had sex with a pole dancer while on duty was jailed today for four years.”

Full story

The Independent, 23rd October 2009

Source: www.independent.co.uk

Judge claims prisoners sentenced to six months serve ‘just a few days’ – Daily Telegraph

Posted October 24th, 2009 in assault, early release, news, prisons, sentencing by sally

“A judge allowed a man convicted of assault to walk free from court as he questioned whether offenders sentenced to six months or less serve more than a few days in prison.”

Full story

Daily Telegraph, 24th October 2009

Source: www.telegraph.co.uk

Magistrates’ courts error warning – BBC News

Posted October 24th, 2009 in courts, criminal records, data protection, news by sally

“Criminals, including drug dealers and paedophiles, could be evading justice because of errors in magistrates’ courts records, a report has warned.”

Full story

BBC News, 23rd October 2009

Source: www.bbc.co.uk

Vietnam vet jailed for Reservoir Dogs-style killing over unpaid wages – Daily Telegraph

Posted October 24th, 2009 in murder, news, sentencing by sally

“Russell Carter, a Vietnam war veteran who murdered his boss and tried to kill three other people ‘in acts of callous wickedness, cruelty and inhumanity’, has been sentenced to life in prison.”

Full story

Daily Telegraph, 24th October 2009

Source: www.telegraph.co.uk

‘Scary’ UK climate ad faces probe – BBC News

Posted October 23rd, 2009 in advertising, climate change, complaints, news by sally

“A £6m government ad warning about climate change is to be investigated by watchdogs over claims it is misleading and too ‘scary’ for children.”

Full story

BBC News, 23rd October 2009

Source: www.bbc.co.uk

Police to be sued for riot damage – BBC News

Posted October 23rd, 2009 in damages, news, police by sally

“Police can be sued for the estimated £42m damage caused during a riot at a Bedfordshire immigration detention centre, the Court of Appeal has ruled.”

Full story

BBC News, 23rd October 2009

Source: www.bbc.co.uk

How I’d abolish the House of Lords, by Lord Bingham – The Guardian

Posted October 23rd, 2009 in constitutional reform, lectures, parliament by sally

“This is an edited extract from the Jan Grodecki annual lecture, delivered last night at Leicester University.”

Full story

The Guardian, 23rd October 2009

Source: www.guardian.co.uk

Silent calls fine raised to maximum of £2m – The Guardian

Posted October 23rd, 2009 in consumer protection, telecommunications by sally

“Ofcom to clampdown on companies using machines to bulk-call consumers but failing to connect them to an agent when they answer.”

Full story

The Guardian, 23rd October 2009

Source: www.guardian.co.uk

Justice in the raw: everyday tales of human failure laid bare – The Times

Posted October 23rd, 2009 in news by sally

“The entrance hall of the new Supreme Court is adorned with lofty declarations of the integrity of British justice. ‘To no one will we deny or delay right or justice’ reads the legend engraved on one floor-to-ceiling glass panel of the building in Parliament Square, in Central London. But just a mile or two south, where the Inner London Crown Court stands hard by the grind and grime of Elephant and Castle, such fine sentiments seem ill-fitting.”

Full story

The Times, 23rd October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 23rd, 2009 in law reports by sally

High Court (Administrative Court)

S, R (on the application of) v Hampshire County Council [2009] EWHC 2537 (Admin) (22 October 2009)

High Court (Chancery Division)

Power & Anor v HM Revenue and Customs & Anor [2009] EWHC 2580 (Ch) (23 October 2009)

High Court (Queen’s Bench Division)

Olafsson v Foreign & Commonwealth Office [2009] EWHC 2608 (QB) (22 October 2009)

High Court (Technology and Construction Court)

Ericsson Ab v Eads Defence and Security Systems Ltd. [2009] EWHC 2598 (TCC) (22 October 2009)

Source: www.bailii.org

R v Ghulam – WLR Daily

Posted October 23rd, 2009 in evidence, fitness to plead, insanity, law reports, statutory interpretation by sally

R v Ghulam; [2009] WLR (D) 303

“The word ‘determination’ in s 4(6) of the Criminal Procedure (Insanity) Act 1964 refers only to a determination that a defendant is unfit to plead so that, where that provision’s requirement for evidence from two or more registered medical practitioners to be before the court has not been met, the trial judge is not bound to adjourn the trial but may properly conclude that the defendant is fit to plead and that the trial may continue.”

WLR Daily, 22nd October 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.

Flood v Times Newspapers Ltd – Times Law Reports

Posted October 23rd, 2009 in law reports by sally

Flood v Times Newspapers Ltd

Queen’s Bench Division

“An article which attracted qualified privilege when printed in a newspaper could lose that privilege if its electronic form was kept on the paper’s website after circumstances had changed but the article was not modified to reflect that change in facts. Thus while an article in The Times published on June 2, 2006 was privileged, publication on its website after September 5, 2007 was not.”

The Times, 23rd October 2009

Source: www.timesonline.co.uk

Home Secretary’s statement on the Review of Data Quality: Most Serious Violence – Home Office

Posted October 23rd, 2009 in crime, press releases, statistics by sally

“Home Secretary Alan Johnson has released a statement on the publication of Her Majesty’s Inspectorate of Constabulary data quality review on most serious violence.”

http://www.hmic.gov.uk/sitecollectiondocuments/thematics/thm_20091020.pdf

Home Office, 22nd October 2009

Source: www.homeoffice.gov.uk