Falsely jailed man gets £60,000 – The Indepedent

“A High Court judge has condemned the Home Office’s ‘unforgivable’ treatment of a Dutch national falsely imprisoned for 128 days, supposedly in a case of mistaken identity.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Pakistani students launch legal action over arrests – The Independent

Posted July 20th, 2009 in detention, news, terrorism by sally

“Janas Khan, one of two Pakistani students released from prison yesterday months after terrorism charges against them were dropped, has told The Independent on Sunday he was ‘shocked and angry’ at his treatment by the UK Government. Lawyers acting for the remaining seven Pakistani students still held in prison have also announced they will launch a legal challenge against the Government this week.”

Full story

The Independent, 19th July 2009

Source: www.independent.co.uk

* News * Politics * DNA database DNA database plans based on ‘flawed science’, warn experts – The Guardian

Posted July 20th, 2009 in data protection, DNA, human rights, news by sally

“‘Flawed scientific thinking’ in the government’s proposed changes to the DNA database will leave it open to further challenges by the courts, experts have said, in a stark attack on Home Office plans to overhaul the current system.”

Full story

The Guardian, 19th July 2009

Source: www.guardian.co.uk

Abestos-diseased plumber gets £175,000 compensation – Daily Telegraph

Posted July 20th, 2009 in asbestos, compensation, news by sally

“A former hospital plumber who developed an asbestos-related disease has received £175,000 in compensation.”

Full story

Daily Telegraph, 20th July 2009

Source: www.telegraph.co.uk

Child database: danger of malicious reporting – The Independent

Posted July 20th, 2009 in child abuse, defamation, news by sally

“Members of the public are to be given the power to report anyone they suspect of posing a danger to children, under a new Government scheme.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Complex cases surge – The Times

Posted July 20th, 2009 in fraud, news, statistics by sally

“A surge in the complexity and the number of investment scams pushed the value of UK fraud prosecutions to a record level in the first half of 2009. Seventeen fraudulent investment schemes, amounting to £321 million in all, were prosecuted in UK courts between January and June.”

Full story

The Times, 20th July 2009

Source: www.timesonline.co.uk

Online ‘confessions’ of dishonesty reveal what sways a jury’s verdict – The Guardian

Posted July 20th, 2009 in juries, news by sally

“Academics have set up an online ‘Honesty Lab’ to discover where people draw the line between bending the rules and outright dishonesty. The results will be used to help judges direct juries.”

Full story

The Guardian, 19th July 2009

Source: www.guardian.co.uk

Victory for lawyer in sex bias legal fight – The Independent

Posted July 20th, 2009 in damages, news, sex discrimination by sally

“A City lawyer has won the latest round in her legal battle to secure the biggest pay-out on record for sex discrimination.”

Full story

The Independent, 18th July 2009

Source: www.independent.co.uk

Supreme Court Implementation Programme – Ministry of Justice

Posted July 17th, 2009 in press releases, Supreme Court by sally

“Justice Secretary Jack Straw has made a statement about the Supreme Court Implementation Programme: ‘I am pleased to be able to report further significant progress… the programme remains on time and within budget.’ ”

Full press release

Ministry of Justice, 15th July 2009

Source: www.justice.gov.uk

Penalty notice for disorder scheme – guidance on retail theft and criminal damage – Ministry of Justice

Posted July 17th, 2009 in penalties, press releases by sally

“Justice Secretary Jack Straw has made a statement announcing revised operational guidance for police on the issuing of penalty notices for disorder for retail crime and criminal damage.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

BAILII: Recent Decisions

Posted July 17th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Hutchison 3G UK Ltd v The Office of Communications [2009] EWCA Civ 683 (16 July 2009)

Slade v Slade [2009] EWCA Civ 748 (17 July 2009)

Court of Appeal (Criminal Division)

CPS (Sussex) v Mattu [2009] EWCA Crim 1483 (17 July 2009)

High Court (Administrative Court)

Manhire, R (on the application of) v The Secretary of State for Justice [2009] EWHC 1788 (Admin) (16 July 2009)

Seabrook Warehousing Ltd & Ors, R (on the application of) v Revenue and Customs [2009] EWHC 1742 (Admin) (16 July 2009)

Ashtenne Industrial Fund Ltd Partnership & Anor v Secretary of State for Communities and Local Government & Anor [2009] EWHC 1746 (Admin) (17 July 2009)

TW, R (on the application of) v Kent County Council [2009] EWHC 1790 (Admin) (17 July 2009)

High Court (Chancery Division)

The National Trust v Fleming & Ors [2009] EWHC 1789 (Ch) (17 July 2009)

High Court (Commercial Court)

Excelsior Group Productions Ltd v Yorkshire Television Ltd [2009] EWHC 1751 (Comm) (16 July 2009)

High Court (Family Division)

W Primary Care Trust v TB & Ors [2009] EWHC 1737 (Fam) (17 July 2009)

High Court (Queen’s Bench Division)

Metropolitan International Schools Ltd. (t/a Skillstrain and/or Train2game) v Designtechnica Corp (t/a Digital Trends) & Ors [2009] EWHC 1765 (QB) (16 July 2009)

NXS v London Borough of Camden [2009] EWHC 1786 (QB) (16 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 17th, 2009 in legislation by sally

The Council Tax Limitation (Maximum Amounts) (England) Order 2009

The Capital Allowances (Energy-saving Plant and Machinery) (Amendment) Order 2009

The Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) (Amendment) Regulations 2009

The Companies Act 2006 (Consequential Amendments) (Uncertificated Securities) Order 2009

The Companies Act 2006 (Consequential Amendments) (Taxes and National Insurance) Order 2009

The Motorways Traffic (M42 Motorway) (Junctions 10 to 11 Northbound) (Restriction on Use of Offside Lane) Regulations 2009

Source: www.opsi.gov.uk

R v Stewart – WLR Daily

Posted July 17th, 2009 in alcoholism, diminished responsibility, law reports, murder by sally

R v Stewart [2009] EWCA Crim 593; [ 2009] WLR (D) 244

“A jury in a murder trial considering the defence of diminished responsibility by a defendant suffering from alcohol dependency syndrome should not be directed to look at each drink consumed prior to the killing and decide whether it was taken voluntarily or involuntarily since, at some levels of severity, what might appear to be voluntary drinking might be inseparable from the defendant’s underlying syndrome.”

WLR Daily, 16th July 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.

AP v Secretary of State for the Home Department – WLR Daily

Posted July 17th, 2009 in human rights, law reports by sally

AP v Secretary of State for the Home Department [2009] EWCA Civ 731; [2009] WLR (D) 243

“The cumulative impact of other obligations imposed under a control order the core element of which was a 16-hour daily curfew could not provide a tipping point where, taking account of the conditions and circumstances, a curfew of 16 hours per day was insufficiently stringent to amount to a deprivation of liberty within art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 16th July 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.

Hudson v Leigh – Times Law Reports

Posted July 17th, 2009 in law reports by sally

Hudson v Leigh

Family Divison

“Where none of the three main participants, and, critically, the celebrating official, intended a ceremony to give rise to a lawful marriage, there was no marital status to be dealt with by a divorce decree of any kind.”

The Times, 17th July 2009

Source: www.timesonline.co.uk

Regina v Gore; Regina v Maher – Times Law Reports

Posted July 17th, 2009 in law reports by sally

Regina v Gore; Regina v Maher

Court of Appeal

“The issue of a fixed penalty notice asserting one offence did not protect the recipient from further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”

The Times, 17th July 2009

Source: www.timesonline.co.uk

Government to ensure information preserved for future – Ministry of Justice

Posted July 17th, 2009 in freedom of information, press releases by sally

“The government has today set out plans to make sure that more public information is made available and is preserved for future generations.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

Jack Straw cracks down on trivial prisoner legal claims – Ministry of Justice

Posted July 17th, 2009 in legal aid, press releases, prisons by sally

“Jack Straw has announced proposals to crack down on nuisance legal claims and new powers to seize money from prisoners.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

Government Response to Law Commission’s Report on Housing – Ministry of Justice

Posted July 17th, 2009 in housing, press releases, reports by sally

“Justice Minister Bridget Prentice has made a statement about the government response to the Law Commission’s Report on Housing: Proportionate Dispute Resolution.”

Full press release

Ministry of Justice, 16th July 2009

Source: www.justice.gov.uk

The Law Commission welcomes the Government’s response to its report on housing disputes – Law Commission

Posted July 17th, 2009 in housing, press releases, reports by sally

“The Law Commission welcomes the Government’s response to its report on housing disputes.”

Full press release

Law Commission, 16th July 2009

Source: www.lawcom.gov.uk