More than 300 children a day added to DNA database – Daily Telegraph

Posted August 12th, 2009 in children, data protection, DNA, news by sally

“More than 300 children a day are being put on to the DNA database, fuelling fresh fears over the growth of the ‘Big Brother’ state.”

Full story

Daily Telegraph, 12th August 2009

Source: www.telegraph.co.uk

Guard family calls for fair trial – BBC News

Posted August 12th, 2009 in Iraq, murder, news by sally

“The family of a man from Lancashire who has been arrested in Iraq over a double fatal shooting say they fear he may not get a fair trial.”

Full story

BBC News, 11th August 2009

Source: www.bbc.co.uk

Two guilty of murdering father of five – Daily Telegraph

Posted August 11th, 2009 in murder, news by sally

“A man and a boy of 16 have been found guilty of murdering Michael Eccles, a Staffordshire father of five who was beaten just yards from his front door after popping to buy a bottle of wine.”

Full story

Daily Telegraph, 11th August 2009

Source: www.telegraph.co.uk

Malicious falsehood requires a reference to your interests in the lies, says High Court – OUT-LAW.com

Posted August 11th, 2009 in malicious falsehood, news by sally

“A company can sue for malicious falsehood only when there is some reference to it or its interests in the false and malicious words complained of, even if that reference is indirect and the company is not identified, the High Court has ruled.”

Full story

OUT-LAW.com, 11th August 2009

Source: www.out-law.com

BAILII: Recent Decisions

Posted August 11th, 2009 in law reports by sally

High Court (Family Division)

N (A Child), Re [2009] EWHC 2096 (Fam) (6 August 2009)

M v M [2009] EWHC 1941 (Fam) (29 July 2009)

Source: www.bailii.org

Swine Flu – Bar Council Advice – The Bar Council

Posted August 11th, 2009 in barristers, news by sally

“As the Bar’s Code of Conduct provides that a barrister may not withdraw from a case in such a way or in such circumstances that the client may be unable to find other legal assistance in time to prevent prejudice being suffered by the client, all barristers are advised that if they have swine flu they should tell their instructing solicitors immediately with a view to making an application for an adjournment of any impending hearing or alternatively to make arrangements for the appointment of another counsel.”

Full story

The Bar Council, 10th August 2009

Source: www.barcouncil.org.uk

R (Bary) v Secretary of State for the Home Department; R (Al Fawwaz) v Same – WLR Daily

Posted August 11th, 2009 in extradition, human rights, law reports, prisons by sally

R (Bary) v Secretary of State for the Home Department; R (Al Fawwaz) v Same [2009] EWHC 2068(Admin); [2009] WLR (D) 284

“When considering the lawfulness of extradition by reference to the likely prison conditions which a person, if extradited, would face upon conviction in the requesting country, the question whether the high threshold under art 3 of the Convention on Human Rights for inhuman or degrading treatment would be crossed would depend on the facts of the particular case. 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.”

WLR Daily, 10th August 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.

Matalan Retail Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 11th, 2009 in abuse of process, customs and excise, law reports, VAT by sally

Matalan Retail Ltd v Revenue and Customs Commissioners [2009] EWHC 2046 (Ch); [2009] WLR (D) 283

“Where a classification for duty purposes had been allocated to imported swimwear but was then revised and corrected, the VAT & Duties Tribunal and Revenue and Customs 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 classification.”

WLR Daily, 10th August 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.

Stone and Rolls (in Liquidation) v Moore Stephens (a Firm) – Times Law Reports

Posted August 11th, 2009 in law reports by sally

Stone and Rolls (in Liquidation) v Moore Stephens (a Firm)

House of Lords

“A company, exclusively controlled by a single director so as to be primarily liable for frauds committed against third parties, could not bring a claim for damages against its auditors on the basis that they had failed to detect the fraudulent activities, that they were engaged to prevent since any such claim would be based on the company’s own illegal conduct and was accordingly debarred by the defence of ex turpi causa non oritur actio.”

The Times, 11th August 2009

Source: www.timesonline.co.uk

MPs back UK torture damages plan – BBC News

Posted August 11th, 2009 in news, state liability, torture, victims by sally

“Torture victims should be able to sue foreign governments in the UK courts, a committee of MPs and peers have said.”

Full story

BBC News, 10th August 2009

Source: www.bbc.co.uk

Sharon Shoesmith’s legal challenge fast-tracked by High Court – The Times

Posted August 11th, 2009 in news by sally

“The High Court is to fast-track Sharon Shoesmith’s legal challenge against the Education Secretary’s role in her dismissal from Haringey Council without compensation.”

Full story

The Times, 11th August 2009

Source: www.timesonline.co.uk

Tate Modern worker claims compensation for being too cold – The Guardian

Posted August 11th, 2009 in compensation, disabled persons, employment, news by sally

“Elizabeth Andrews, a gallery supervisor, has launched a claim for compensation against the Tate, saying that the cold, among a series of other factors, meant she became increasingly ill and eventually had to go on long-term sick leave.”

Full story

The Guardian, 10th August 2009

Source: www.guardian.co.uk

Internet hate campaign that made a mockery of the High Court – The Independent

Posted August 11th, 2009 in child abuse, internet, juries, news by sally

“Foremost among the grounds of appeal being sketched out by lawyers representing the killers of Baby Peter will be the claim that prejudicial coverage on the internet denied their clients a fair trial.”

Full story

The Independent, 11th August 2009

Source: www.independent.co.uk

Private schools threaten legal action to keep charity millions – The Guardian

Posted August 11th, 2009 in charities, education, news, school admissions by sally

“The head of the organisation that represents the country’s top independent schools today issued a threat to the government’s charities watchdog that it may consider legal action against moves to force private schools to open up their facilities to pupils from low-income homes.”

Full story

The Guardian, 11th August 2009

Source: www.guardian.co.uk

‘Disgust’ at road death sentence – BBC News

Posted August 11th, 2009 in dangerous driving, news, sentencing by sally

“A woman has said she is ‘disgusted’ by a three year jail term handed to the hit-and-run driver who killed her daughter in Lancashire.”

Full story

BBC News, 11th August 2009

Source: www.bbc.co.uk

‘UK is safe haven for war criminals’ – The Independent

Posted August 11th, 2009 in news, war crimes by sally

“Britain has become a ‘safe haven’ for war criminals because the Government has failed to close loopholes that grant them protection under the law, an influential committee of MPs and peers warns today.”

Full story

The Independent, 11th August 2009

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted August 10th, 2009 in legislation by sally

The Limited Partnerships (Forms) Rules 2009

The Spring Traps Approval (Variation) (England) Order 2009

The Welfare Reform Act (Relevant Enactment) Order 2009

The Eggs and Chicks (England) Regulations 2009

The Export of Objects of Cultural Interest (Control) (Amendment) Order 2009

Source: www.opsi.gov.uk

Baby P couple to be named – The Guardian

“The couple responsible for the death of Baby P will be publicly identified tonight after the expiry of a court order protecting their anonymity.”

Full story

The Guardian, 10th August 2009

Source: www.guardian.co.uk

Recent Statutory Instruments – OPSI

Posted August 10th, 2009 in legislation by sally

The Workplace Parking Levy (England) Regulations 2009

The Education (School Teachers’ Pay and Conditions) Order 2009

Source: www.opsi.gov.uk

BAILII: Recent Decisions

Posted August 10th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Roche, R. v [2009] EWCA Crim 1499 (07 July 2009)

Court of Appeal (Civil Division)

Strand Transport Services Ltd v Whitworth [2009] EWCA Civ 858 (06 August 2009)

High Court (Queen’s Bench)

Corus UK Ltd v Cavendish (UK) Ltd & Ors [2009] EWHC 2058 (QB) (07 August 2009)

Rostami, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 2094 (QB) (07 August 2009)

High Court (Chancery Division)

Wyndham v Egremont & Ors [2009] EWHC 2076 (Ch) (07 August 2009)

Swissair, Re [2009] EWHC 2099 (Ch) (06 August 2009)

High Court (Technology and Construction Court)

Seele Austria GmbH & Co Kg v Tokio Marine Europe Insurance Ltd [2009] EWHC 2066 (TCC) (06 August 2009)

High Court (Commercial Court)

Shell Egypt West Manzala GmbH & Anor v Dana Gas Egypt Ltd [2009] EWHC 2097 (Comm) (07 August 2009)

Rubin & Anor v Eurofinance SA & Ors [2009] EWHC B16 (Comm) (31 July 2009)

Source: www.bailii.org