Man, 19, jailed indefinitely for machete robberies – BBC News
“A man who robbed three teenage students with a machete has been jailed indefinitely for public protection.”
BBC News, 19th January 2010
Source: www.bbc.co.uk
Dog walker killer can challenge conviction – BBC News
“A man convicted last year of murdering a woman as she walked her dog in 1996 has been given permission to challenge his conviction by the appeal court.”
BBC News, 19th January 2010
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
H (A Child). Re [2010] EWCA Civ 6 (19 January 2010)
Court of Appeal (Criminal Division)
Bell, R. v [2010] EWCA Crim 3 (19 January 2010)
High Court (Administrative Court)
Halborg, R (on the application of) v The Law Society [2010] EWHC 38 (Admin) (19 January 2010)
High Court (Chancery Division)
Westvilla Properties Ltd v Dow Properties Ltd [2010] EWHC 30 (Ch) (15 January 2010)
High Court (Commercial Court)
Tandrin Aviation Holdings Ltd v Aero Toy Store Llc & Anor [2010] EWHC 40 (Comm) (19 January 2010)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Commons Act 2006 (Commencement No. 5) (England) Order 2010
The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2010
The Private and Voluntary Health Care (Wales) (Amendment) Regulations 2009
The Children Act 1989 (Amendment of Miscellaneous Regulations) (No. 2) (Wales) Regulations 2009
Source: www.opsi.gov.uk
Megtian Ltd (in administration) v Revenue and Customs Commissioners – WLR Daily
“The phrase ‘knew or ought to have known’ when applied for the purpose of identifying the state of a mind of a person who had participated in a transaction which was in fact connected with a fraud encompassed two different states of mind. A person who knew that a transaction was connected with fraudulent tax evasion was a participant in that fraud and had a dishonest state of mind; by contrast, a person who merely ought to have known of the relevant connection was not dishonest, but had a state of mind broadly equivalent to negligence.”
WLR Daily, 19th January 2010
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.
Pitt and another v Holt and another – WLR Daily
Pitt and another v Holt and another [2010] WLR (D) 2
“A receiver appointed under the Mental Health Act 1983 by the Court of Protection was entitled to rely on the principle that, where a trustee exercised a discretion pursuant to the terms of the trust and the effect of the exercise was different from that intended, the court would set aside his action if it was clear that he would not have acted as he had, had he not failed to take into account considerations which he ought to have taken into account, or taken into account considerations which he ought not to have taken into account (‘the Hastings-Bass principle’).”
WLR daily, 19th January 2010
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.
Defending your house: so what is ‘reasonable force’? – The Times
“How far can householders go to defend themselves? The reignited debate on ‘have-a-go heroes’ is already prompting fresh calls from politicians for reforms to the law.”
The Times, 20th January 2010
Source: www.timesonline.co.uk
Government plans to fight foreign bribery – Ministry of Justice
“The fight against foreign bribery steps up a level today as Justice Secretary Jack Straw announces new plans to combat global corruption.”
Ministry of Justice, 19th January 2010
Source: www.justice.gov.uk
Tough new powers to tackle alcohol crime announced – Home Office
“A ban on irresponsible drink promotions and a compulsory requirement to check under-18s for ID are among the final conditions of a proposed mandatory code for alcohol retailers announced by the Home Secretary, Alan Johnson.”
Home Office, 19th January 2010
Source: www.homeoffice,gov.uk
Attorney General: The role of the Attorney General in the 21st Century – Attorney General’s Office
“The Administrative Law Bar Association, Inner Temple Hall, London, ‘The role of the Attorney General in the 21st Century’ – speech by The Rt Hon Baroness Scotland QC, Attorney General.”
Attorney General’s Office, 19th January 2010
Source: www.attorneygeneral.gov.uk
Cumbrian nursing boss wins race slur compensation – BBC News
“A nursing boss who was told in an NHS appraisal she was the ‘wrong colour and wrong culture’ for Cumbria has been awarded £115,000 compensation.”
BBC news, 19th January 2010
Source: www.bbc.co.uk
Anti-extremist protesters jailed for Luton rampage – BBC News
“Four men have been jailed for going on the rampage during a march against Muslim extremists in Luton.”
BBC News, 20th January 2010
Sourcce: www.bbc.co.uk
Straw proposes reducing success fees in defamation cases – Ministry of Justice
“Success fees that lawyers can charge for winning defamation cases in no-win, no-fee agreements should be reduced from 100% to 10%, Justice Secretary Jack Straw announced today.”
Ministry of Justice, 19th January 2010
Source: www.justice.gov.uk
Libel lawyers’ ‘success fees’ to be cut by 90% to aid investigative journalism – The Guardian
“Lawyers who sue the media will see their fees cut by 90% under plans set out by the government today to bring down the cost of libel actions.”
The Guardian, 20th January 2010
Source: www.guardian.co.uk
Peers who fail to pay taxes could face jail – Daily Telegraph
“A series of amendments to the Constitutional Reform Bill, which is currently before the Commons, have been tabled which would force peers to be domiciled in the United Kingdom for tax purposes.”
Daily Telegraph, 20th January 2010
Source: www.telegraph.co.uk
Royal College of Physicians warns that proposed guidance could ‘open door’ to doctor-assisted suicide – Daily Telegraph
“In a strongly-worded submission to the Crown Prosecution Service, England’s oldest medical institution says that any clinician suspected of helping someone die should be investigated by police. It also warns that the draft clarification of the Suicide Act will mean doctors are ‘coerced’ into speculating on how long a patient has to live, so that their loved ones are able to escape prosecution for assisted suicide by claiming they were terminally ill.”
Daily Telegraph, 20th January 2010
Source: www.telegraph.co.uk
Grandparents get easier route to see children when families split – The Guardian
“A legal obstacle is to be abolished to make it easier for hundreds of thousands of grandparents to gain access to their grandchildren when contact is denied after divorce and family breakdowns, the government will announce today.”
The Guardian, 20th January 2010
Source: www.guardian.co.uk
Police errors left rapist John Worboys free to strike – but no officers face sack – The Guardian
“A serial sex attacker remained free to continue preying on women because police officers made serious mistakes during their investigations and failed to take victims seriously, the Independent Police Complaints Commission will rule today.”
The Guardian, 20th January 2010
Source: www.guardian.co.uk
Judge urges Charity Commission to hand over George Galloway papers – The Times
“A judge has encouraged the Charity Commission to end a lengthy battle with The Times by handing over documents about George Galloway’s suspected financial links with Saddam Hussein.”
The Times, 20th January 2010
Source: www.timesonline.co.uk
‘Have-a-go’ brothers Munir and Tokeer Hussain refused appeal – The Times
“Two businessmen will learn today how long they must serve in prison after an appeal that has reignited controversy over ‘have-a-go heroes’.
The Times, 20th January 2010
Source: www.timesonline.co.uk
