Current Awareness

“A judicial error in the application of European Community law would not create liability for damages unless it was a manifest infringement of the applicable law.”

The Times, 7th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

The Obscene Publications Act rides again – The Register

Posted October 7th, 2008 in internet, news, obscenity by sally

“The legal world is buzzing at the announcement last week of the prosecution of 35-year-old civil servant Darryn Walker for the online publication of material that Police and Crown Prosecution Service (CPS) believe to be obscene.”

Full story

The Register, 6th October 2008

Source: www.theregister.co.uk

BAILII: Recent Decisions

Posted October 7th, 2008 in law reports by sally

Court of Appeal (Civil Division)

SL (Zimbabwe) v Secretary of State for the Home Department [2008] EWCA Civ 1063 (19 September 2008)

US (Nepal) v Secretary of State for the Home Department [2008] EWCA Civ 1057 (10 September 2008)

LA (Uganda) v Secretary of State for the Home Department [2008] EWCA Civ 1055 (10 September 2008)

NR (Sri Lanka) v Secretary of State for the Home Department [2008] EWCA Civ 1053 (10 September 2008)

MQ (Afghanistan) v Secretary of State for the Home Department [2008] EWCA Civ 1056 (10 September 2008)

DR (Iraq), R (on the application of) v Secretary of State for the Home Department [2008] EWCA Civ 1054 (10 September 2008)

C (A Child) [2008] EWCA Civ 1033 (02 September 2008)

JG (Jamaica) v Secretary of State for the Home Department [2008] EWCA Civ 1032 (02 September 2008)

High Court (Administrative Division)

Loch, R (on the application of) v Secretary of State for Justice [2008] EWHC 2278 (Admin) (02 October 2008)

Ashton, R (on the application of) v Police Medical Appeal Board & Anor [2008] EWHC 1833 (Admin) (30 September 2008)

Mohammed, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2291 (Admin) (23 September 2008)

Khan, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2293 (Admin) (23 September 2008)

Akangbe, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2295 (Admin) (23 September 2008)

Lamming v General Medical Council [2008] EWHC 2266 (Admin) (17 September 2008)

AK & Ors, R (on the application of) v Secretary of State for Foreign & Commonwealth Affairs & Anor [2008] EWHC 2227 (Admin) (10 September 2008)

Glushkov, R (on the application of) v Secretary of State for the Home Department & Anor [2008] EWHC 2290 (Admin) (09 September 2008)

Forrester, R (on the application of) v Secretary of State for the Home Department [2008] EWHC 2307 (Admin) (05 September 2008)

Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) (04 September 2008)

South Gloucestershire Council, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 2269 (Admin) (02 September 2008)

Atwood v The Health Service Commissioner [2008] EWHC 2315 (Admin) (06 October 2008)

Source: www.bailii.org

Tesco court threat over PIN error – BBC News

Posted October 7th, 2008 in disability discrimination, news, sale of goods by sally

“A man is threatening to take Tesco to court for discrimination after twice being refused the right to pay using his credit card with a signature.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Appeal over Goth murder sentence – BBC News

Posted October 7th, 2008 in appeals, murder, news, sentencing by sally

“A gang who carried out a ‘feral’ attack on a couple because they were Goths are appealing against their sentences.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Regina (Limbu and Others) v Secretary of State for the Home Department and Others – Times Law Reports

Posted October 7th, 2008 in armed forces, Gurkhas, immigration, law reports by sally

Regina (Limbu and Others) v Secretary of State for the Home Department and Others

Queen’s Bench Division

“It was irrational for the Secretary of State for the Home Department to rely on a discretionary policy relating to settlement entry for Gurkha veterans where that discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors.”

The Times, 7th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Smith orders police race review – BBC News

Posted October 7th, 2008 in news, police, race discrimination by sally

“Home Secretary Jacqui Smith has announced an assessment of how ethnic minority officers are treated in police forces throughout England and Wales.”

Full story

BBC News, 6th October 2008

Source: www.bbc.co.uk

Women make breakthrough to High Court bench – The Times

Posted October 7th, 2008 in judiciary, news, women by sally

“Women are finally breaking through the glass ceiling of senior judicial appointments.”

Full story

The Times, 7th October 2008

Source: www.timesonline.co.uk

‘Crippled’ prisons risk violence – BBC News

Posted October 7th, 2008 in news, prisons by sally

“The president of the Prison Governors Association is to warn of a ‘serious risk’ of disturbances in jails because of a shortage of resources.”

Full story

BBC News, 7th October 2008

Source: www.bbc.co.uk

Sacked gardener cleared of poisoning judge’s lawn – The Guardian

Posted October 7th, 2008 in criminal damage, news by sally

“A country gardener has been cleared of poisoning a retired high court judge’s lawn after being sacked following a long-running feud with the judge’s horticulturist wife.”

Full story

The Guardian, 6th October 2008

Source: www.guardian.co.uk

Grandmother jailed for smuggling cocaine worth £1m into UK – The Guardian

Posted October 6th, 2008 in drug trafficking, news, sentencing by sally

“A grandmother who smuggled cocaine worth £1m into the UK in her mobility vehicle was today jailed along with her daughter for 13 years.”

Full story

The Guardian, 6th October 2008

Source: www.guardian.co.uk

Law Society regulatory powers – views sought on draft Order – Ministry of Justice

Posted October 6th, 2008 in news, solicitors by sally

“The Ministry of Justice is seeking views on a draft order amending the Law Society’s regulatory powers.”

Full story

Ministry of Justice, 6th October 2008

Source: www.justice.gov.uk

Recent Statutory Instruments – OPSI

Posted October 6th, 2008 in legislation by sally

The Social Security (Lone Parents and Miscellaneous Amendments) Regulations 2008

The Judicial Appointments Order 2008

The Immigration and Nationality (Fees) (Amendment No. 3) Regulations 2008

The Health Care and Associated Professions (Miscellaneous Amendments) Order 2008 (Commencement No. 1) Order of Council 2008

The Nursing and Midwifery Council (Constitution) Order 2008

The General Medical Council (Constitution) Order 2008

The Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) (Amendment) Order 2008

The National Information Governance Board Regulations 2008

The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008

The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008

The Social Fund Cold Weather Payments (General) Amendment Regulations 2008

Source: www.opsi.gov.uk

Former goalkeeper Luke McCormick given seven years for fatal car crash – The Guardian

Posted October 6th, 2008 in alcohol abuse, dangerous driving, news, sentencing by sally

“A former Championship goalkeeper was today jailed for seven years and four months after admitting killing two young brothers while driving dangerously at twice the legal alcohol limit.”

Full story

The Guardian, 6th October 2008

Source: www.guardian.co.uk

‘Modern Ripper’ jailed for life – BBC News

Posted October 6th, 2008 in murder, news, sentencing, sexual offences by sally

“A serial sex attacker convicted of killing two mothers whose bodies have never been found has been jailed for life at the Old Bailey.”

Full story

BBC News, 6th October 2008

Source: www.bbc.co.uk

Criminal Procedure (Amendment) Rules 2008 come into force – Ministry of Justice

Posted October 6th, 2008 in criminal procedure, news by sally

“The Criminal Procedure Rule Committee has made amendments to the Criminal Procedure Rules, which will come into force from today (6 October 2008).”

Full story

Ministry of Justice, 6th October 2008

Source: www.justice.gov.uk

Gomez and others v Gomez-Vives and others – WLR Daily

Posted October 6th, 2008 in breach of trust, conflict of laws, EC law, jurisdiction, law reports by sally

Gomez and others v Gomez-Vives and others [2008] EWCA Civ 1065; [2008] WLR (D) 305

“The fact that a trust was expressed to be subject to English law might not be conclusive to establish its domicile in England but it was very difficult to see what other circumstances would be sufficient to outweigh it.”

WLR Daily, 3rd October 2008

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.

R (Limbu and Others) v Secretary of State for the Home Department and Others – WLR Daily

Posted October 6th, 2008 in armed forces, Gurkhas, immigration, law reports by sally

R (Limbu and Others) v Secretary of State for the Home Department and Others; [2008] WLR (D) 304

“It was irrational for the Home Secretary to rely on the discretionary policy relating to settlement entry for Gurkha veterans where discretion could only be exercised in favour of indefinite leave to remain on the basis of restrictive express factors.”

WLR Daily, 3rd October 2008

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.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – Times Law Reports

Posted October 6th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc)

Court of Appeal

“A mortgage lender who instructed a surveyor to value a property as security, was entitled to damages from the surveyor for the losses suffered after the borrower defaulted on the loan, and it was discovered that the wrong property had been valued in breach of an unqualified obligation to inspect the particular property.”

The Times, 6th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

«
1
…
3,315
3,316
3,317
3,318
3,319
3,320
3,321
3,322
3,323
3,324
3,325
…
3,704
»