BAILII: Recent Decisions

Posted October 14th, 2009 in law reports by sally

High Court (Chancery Division)

NHS Business Services Authority v Ingram [2009] EWHC 2486 (Ch) (12 October 2009)

High Court (Administrative Court)

Anam v Secretary of the State for the Home Department [2009] EWHC 2496 (Admin) (13 October 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted October 14th, 2009 in legislation by sally

The Office of the Health Professions Adjudicator Regulations 2009

The Financial Restrictions (Iran) Order 2009

Source: www.opsi.gov.uk

Regina v Rollins; Regina v McInerney – WLR Daily

Posted October 14th, 2009 in appeals, law reports, money laundering, proceeds of crime, prosecutions by sally

Regina v Rollins; Regina v McInerney

“The Financial Services Authority had the power to prosecute offences beyond those referred to in ss 401 and 402 of the Financial Services and Markets Act 2000 and, in particular, it had the power to prosecute for offences contrary to ss 327 and 328 of the Proceeds of Crime Act 2002.”

WLR Daily, 13th 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.

Regina (Bary) v Secretary of State for the Home Department Regina (Al Fawwaz) v Same – Times Law Reports

Posted October 14th, 2009 in law reports by sally

Regina (Bary) v Secretary of State for the Home Department; Regina (Al Fawwaz) v Same

Queen’s Bench Divisional Court

“There was no common standard for what did or did not amount to inhuman or degrading treatment throughout the many different countries in the world.”

The Times, 14th October 2009

Source: www.timesonline.co.uk

Regina (Al-Sweady and Others) v Secretary of State for Defence (No 2) – Times Law Reports

Posted October 14th, 2009 in law reports by sally

Regina (Al-Sweady and Others) v Secretary of State for Defence (No 2)

Queen’s Bench Divisional Court

“Full disclosure was required in any judicial review proceedings involving disputed questions of fact so that effective and proper cross-examination of the makers of witness statements on those questions could take place.”

The Times, 14th October 2009

Source: www.timesonline.co.uk

Police urged to erase DNA record – BBC News

Posted October 14th, 2009 in data protection, DNA, news by sally

“A Worcester firefighter who was cleared of causing death by dangerous driving is campaigning to have his DNA sample taken off the National Police Database.”

Full story

BBC News, 13th October 2009

Source: www.bbc.co.uk

Black youth worker arrested for watching police wins compensation – The Guardian

Posted October 14th, 2009 in compensation, false imprisonment, malicious prosecution, news, police by sally

“A black youth worker arrested and charged for watching at a distance as police detained a teenager at a London railway station is to receive an apology and £22,000 compensation from the British Transport police.”

Full story

The Guardian, 13th October 2009

Source: www.guardian.co.uk

Analysis: Trafigura order cast sinister spectre – The Times

Posted October 14th, 2009 in news by sally

“The court order to prevent a question being reported placed Parliament under a sinister spectre.”

Full story

The Times, 13th October 2009

Source: www.timesonline.co.uk

Proposals to close 30 magistrates’ courts ‘threaten justice’ – Daily Telegraph

Posted October 14th, 2009 in consultations, courts, news by sally

“The principle of local justice is being threatened under plans to close up to 30 courts to save money, magistrates have warned.”

Full story

Daily Telegraph, 13th October 2009

Source: www.telegraph.co.uk

Legal aid review to ensure value – The Times

Posted October 14th, 2009 in news by sally

“The £2.1 billion legal aid scheme is to be reviewed by ministers to ensure best value for money in a move that could lead to a split in the budgets for criminal and civil legal aid.”

Full story

The Times, 13th October 2009

Source: www.timesonline.co.uk

Abuse boyfriend jailed for murder – BBC News

Posted October 14th, 2009 in murder, news, sentencing by sally

“An abusive boyfriend who strangled his partner with a pair of her baby daughter’s tights, then slit her throat, has been jailed for life.”

Full story

BBC News, 13th October 2009

Source: www.bbc.co.uk

Top banker convicted of killing unfaithful wife – The Independent

Posted October 14th, 2009 in domestic violence, homicide, news by sally

“A City banker who killed his unfaithful wife during a violent row was today found guilty of manslaughter.”

Full story

The Independent, 13th October 2009

Source: www.independent.co.uk

Lawcast 155: The Guardian Gag affair with Carl Gardner – Charon QC

Posted October 14th, 2009 in freedom of expression, injunctions, internet, media, parliament, podcasts by sally

“Today I am talking to Carl Gardner, ex government lawyer, a barrister and author of The Head of Legal blog. We look at whether the Bill of Rights has, in fact, been infringed by the gag, the use of injunctions generally and specifically in this instance, the use of parliamentary privilege and whether the judges are going too far in granting injunctions which can, effectively, be destroyed in their effect by many thousands of angry people on twitter and in the blogosphere.”

Podcast

Charon QC, 13th October 2009

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Dutch MP overturns UK entry ban – BBC News

Posted October 13th, 2009 in appeals, freedom of expression, immigration, Islam, news by sally

“Far-right Dutch MP Geert Wilders has won an appeal against a Home Office decision barring his entry to the UK.”

Full story

BBC News, 13th October 2009

Source: www.bbc.co.uk

Reporting bans may lose their power in Twitter age says expert after Guardian ban is lifted – OUT-LAW.com

Posted October 13th, 2009 in freedom of expression, injunctions, internet, news by sally

“The editor of a newspaper which was banned from reporting on the tabling of a question in Parliament has thanked the users of micro-blogging service Twitter for their role in what he called a ‘victory for free speech’.”

Full story

OUT-LAW.com, 13th October 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted October 13th, 2009 in law reports by sally

Court of Appeal (Civil Division)

AM (Kenya), R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 1009 (13 October 2009)

Autoclenz Ltd v Belcher & Ors [2009] EWCA Civ 1046 (13 October 2009)

Littlewood v Radford & Anor (Formerly T/a Boston Carrington Pritchard) [2009] EWCA Civ 1024 (13 October 2009)

High Court (Family Division)

ASB & Anor v MQS [2009] EWHC 2491 (Fam) (13 October 2009)

High Court (Commercial Court)

Soufflet Negoce v Bunge SA [2009] EWHC 2454 (Comm) (13 October 2009)

Source: www.bailii.org

Review into delivery of legal aid – Ministry of Justice

Posted October 13th, 2009 in consultations, legal aid, news by sally

“The Ministry of Justice has announced a review into the delivery of legal aid.”

Full story

Ministry of Justice, 13th October 2009

Source: www.justice.gov.uk

Gag on Guardian reporting MP’s Trafigura question lifted – The Guardian

Posted October 13th, 2009 in freedom of expression, injunctions, media, news, parliament by sally

“The existence of a previously secret injunction against the media by oil traders Trafigura can now be revealed.”

Full story

The Guardian, 13th October 2009

Source: www.guardian.co.uk

Boy, 10, awarded £7.1m over medical negligence at birth – The Independent

Posted October 13th, 2009 in compensation, medical treatment, negligence, news by sally

“A 10-year-old boy with a ‘great zest for life’ was awarded a compensation package totalling £7.1m today over medical negligence at birth which left him with severe brain damage.”

Full story

The Independent, 13th October 2009

Source: www.independent.co.uk

Changes to court services in England – Ministry of Justice

Posted October 13th, 2009 in consultations, courts, news by sally

“Consultations are being held on the closure of 21 underused and inadequate courts in several regions of England.”

Full story

Ministry of Justice, 13th October 2009

Source: www.justice.gov.uk