AM (Somalia) v Entry Clearance Officer – WLR Daily

AM (Somalia) v Entry Clearance Officer [2009] EWCA Civ 634; [2009] WLR (D) 22

“The requirement under the Immigration Rules for a disabled British citizen living in the United Kingdom on disability living allowance who was sponsoring her foreign husband to settle in UK to prove that they would be able to maintain themselves without recourse to public funds did not amount to disporportionate discrimination against disabled sponsors under art 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 2nd 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.

Serious Organised Crime Agency v Szepietowski (No 2) – WLR Daily

Posted July 3rd, 2009 in law reports, proceeds of crime, trusts by sally

Serious Organised Crime Agency v Szepietowski (No 2) [2009] EWHC 1560 (Ch); [2009] WLR (D) 225

“There was no conflict between paras 7A.4 and 7B.1 of Practice Direction–Civil Recovery Proceedings and the associated legislative framework contained in the Proceeds of Crime Act 2002 (as amended) and Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) Regulations 2005. Accordingly, where an order had been made excluding part of the property subject to an interim receiving order, to enable the person against whom the order was made to pay legal expenses, the court had power in appropriate circumstances to set that exclusion aside.”

WLR Daily, 2nd 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.

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd – WLR Daily

Posted July 3rd, 2009 in competition, damages, jurisdiction, law reports, striking out, tribunals by sally

Enron Coal Services Ltd (in liquidation) v English Welsh & Scottish Railway Ltd [2009] EWCA Civ 647; [2009] WLR (D) 224

“The jurisdiction of the Competition Appeal Tribunal under s 47A of the Competition Act 1998 was limited to the determination of follow-on claims for damages based on a finding by a regulator of infringement of a relevant prohibition. Such a finding was not only a pre-condition to the making of a s 47A(1) claim, it also determined and defined the claim’s limits and the tribunal’s jurisdiction in respect of it. The Court of Appeal had jurisdiction under s 49 of the 1998 Act to hear an appeal against a strike-out decision of the tribunal under r 40 of the Competition Appeal Tribunal Rules 2003, whether that decision was to strike out or not to strike out a claim.”

WLR Daily, 2nd 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.

Cherie Booth backs call for radical prison overhaul – The Guardian

Posted July 3rd, 2009 in news, prisons by sally

“Cherie Booth QC has endorsed a call to close some prisons and hand the management of the rest of the prison system in England and Wales over to local communities.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Book by former anti-terror chief Andy Hayman banned from shops – The Times

Posted July 3rd, 2009 in injunctions, news, police, terrorism by sally

“Copies of a book by Scotland Yard’s former anti-terrorism chief were hastily removed from bookstore shelves yesterday after the Attorney-General obtained a last-minute injunction.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Child witnesses ‘wait too long’ – BBC News

Posted July 3rd, 2009 in children, delay, news, witnesses by sally

“Young witnesses in sex abuse or violence cases are being forced to wait more than a year to give evidence in England and Wales, a report has said.”

Full story

BBC News, 3rd July 2009

Source: www.bbc.co.uk

Family courts in crisis, says Sir Mark Potter – The Times

Posted July 3rd, 2009 in delay, family courts, news by sally

“Britain’s most senior family judge called last night for urgent action over a crisis in the family courts fuelled by increasing delays in child abuse cases and lack of funds.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Sentences for student killers ‘not unduly lenient’ – The Independent

Posted July 3rd, 2009 in murder, news, sentencing by sally

“The families of two murdered French students today criticised the decision not to refer their sons’ killers’ sentences to the Court of Appeal.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

Gang rapists’ sentences increased – BBC News

Posted July 3rd, 2009 in news, rape, sentencing by sally

“Two young men involved in the gang-rape of a girl who was then attacked with caustic soda have had their sentences increased by the Court of Appeal.”

Full story

BBC News, 2nd July 2009

Source: www.bbc.co.uk

Analysis: no longer the divorce capital of the world – The Times

Posted July 3rd, 2009 in divorce, news by sally

“Pre-nuptial contracts have won the clear backing of the English courts after years of suspicion and even hostility.”

Full story

The Times, 3rd July 2009

Source: www.timesonline.co.uk

Child porn inquiry faces legal challenge – The Independent

Posted July 3rd, 2009 in children, miscarriage of justice, news, pornography by sally

“One of Britain’s biggest online paedophile investigations will be challenged in the Court of Appeal following allegations that hundreds of men may have been wrongly convicted in a ‘huge miscarriage of justice’, it was reported today.”

Full story

The Independent, 3rd July 2009

Source: www.independent.co.uk

Fast-track asbo system planned – The Guardian

Posted July 3rd, 2009 in ASBOs, news by sally

“Delays of up to two years in issuing an asbo are to be cut under proposals unveiled by the new home secretary, Alan Johnson, in his first major speech on crime and antisocial behaviour.”

Full story

The Guardian, 2nd July 2009

Source: www.guardian.co.uk

Lords ruling reduces contracts’ certainty, says expert – OUT-LAW.com

Posted July 3rd, 2009 in contracts, evidence, interpretation, news by sally

“A landmark House of Lords ruling will undermine the certainty of contracts and could make it more expensive to take cases over contract interpretation to court, according to a contract law expert.”

Full story

OUT-LAW.com, 2nd July 2009

Source: www.out-law.com

Straw refuses pardon for jailed football fan – The Independent

Posted July 3rd, 2009 in attempted murder, attempts, murder, news, pardons by sally

“Justice Secretary Jack Straw today refused an appeal for a pardon by jailed football fan Michael Shields.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted July 2nd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Holland v Revenue and Customs & Anor [2009] EWCA Civ 625 (02 July 2009)

Generics (UK) Ltd v Daiichi Pharmaceutical Co Ltd & Anor [2009] EWCA Civ 646 (02 July 2009)

VH (Malawi) v Secretary of State for the Home Department [2009] EWCA Civ 645 (02 July 2009)

High Court (Queen’s Bench)


Levi v Bates [2009] EWHC 1495 (QB) (02 July 2009)

High Court (Chancery Division)

The Republic of Croatia v The Republic of Serbia [2009] EWHC 1559 (Ch) (02 July 2009)

Harland & Wolff Pension Trustees Ltd v AON Consulting Financial Services Ltd. [2009] EWHC 1557 (Ch) (02 July 2009)

Source: www.bailii.org

Call for fewer criminals to be jailed – The Independent

Posted July 2nd, 2009 in imprisonment, news, sentencing by sally

“The prisons system in England and Wales is in crisis, reformers said today, as they called for drastic cuts in the number of criminals jailed.”

Full story

The Independent, 2nd July 2009

Source: www.independent.co.uk

Heiress wins battle to uphold pre-nuptial contract – The Times

Posted July 2nd, 2009 in news, prenuptial agreements by sally

“A wealthy German heiress worth £100 million today won a Court of Appeal case that will leave her former husband, now an impoverished student, with only maintenance money for his daughters.”

Full story

The Times, 2nd July 2009

Source: www.timesonline.co.uk

Innocents accused of net piracy – BBC News

Posted July 2nd, 2009 in copyright, internet, news by sally

“Some 20 net users have come forward claiming they have been wrongly accused of illegally sharing video games.”

Full story

BBC News, 2nd July 2009

Source: www.bbc.co.uk

Met slow to change after death of Jean Charles de Menezes, says report – The Guardian

Posted July 2nd, 2009 in firearms, news, police by sally

“Scotland Yard has failed to carry out a series of changes it was ordered to make after disastrous blunders led its officers to kill Jean Charles de Menezes, according to an official report.”

Full story

The Guardian, 1st July 2009

Source: www.guardian.co.uk

House of Lords Judgments: What’s new?

Posted July 2nd, 2009 in law reports by sally

Birmingham City Council (Appellants) v Ali (FC) and others (FC) (Respondents) Moran (FC) (Appellant) v Manchester City Council (Respondents) [2009] UKHL 36 (1 July 2009)

SCA Packaging Limited (Appellants) v Boyle (Respondent) (Northern Ireland) [2009] UKHL 37 (1 July 2009)

Chartbrook Limited (Respondents) v Persimmon Homes Limited and others (Appellants) and another (Respondent) [2009] UKHL 38 (1 July 2009)

Source: www.parliament.uk