Falconer backs public Iraq probe – BBC News
“Former cabinet minister Lord Falconer has joined calls for the Iraq inquiry to be held ‘largely’ in public.”
BBC News, 19th June 2009
Source: www.bbc.co.uk
Miscarriage of justice: more compensation ordered by judges – Daily Telegraph
“Senior judges have ordered an increase in the amount of compensation paid to Stephen Miller, a victim of a miscarriage of justice, in a test case lawyers said would have a ‘profound effect’ on such awards.”
Daily Telegraph, 19th June 2009
Source: www.telegraph.co.uk
Potters Bar and Grayrigg: public inquiry into train disasters ruled out – Daily Telegraph
“A public inquiry into the 2002 Potters Bar rail crash which claimed seven lives, and the 2007 Grayrigg derailment in which an elderly passenger was killed, has been ruled out by the Government.”
Daily Telegraph, 19th June 2009
Source: www.telegraph.co.uk
Families to sue for forces deaths – BBC News
“Four families of servicemen killed in Snatch Land Rovers in Iraq and Afghanistan are to sue the Ministry of Defence, the BBC has learned.”
BBC News, 19th June 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Ryan v London Borough of Islington [2009] EWCA Civ 578 (19 June 2009)
Miller, R (on the application of) v The Independent Assessor [2009] EWCA Civ 609 (19 June 2009)
High Court (Chancery Division)
Dairy Farmers of Britain Ltd, Re [2009] EWHC 1389 (Ch) (18 June 2009)
HM Revenue & Customs v Banerjee [2009] EWHC 62 (Ch) (19 June 2009)
HM Revenue & Customs v Banerjee [2009] EWHC 1229 (Ch) (19 June 2009)
High Court (Queen’s Bench Division)
AB & Ors v Ministry of Defence [2009] EWHC 1421 (QB) (19 June 2009)
High Court (Administrative Division)
Source: www.bailii.org
Neither regulators nor law protect net neutrality in Britain, investigation finds – OUT-LAW.com
“There is no legal barrier in the UK to internet service providers (ISPs) blocking content from website operators who do not pay them. Neither consumer law nor telecoms regulation protects ISP subscribers, technology law podcast OUT-LAW Radio has revealed.”
OUT-LAW.com, 19th June 2009
Source: www.out-law.com
Does the Coroners and Justice Bill go far enough – and is there enough money – Law Society’s Gazette
“The Coroners and Justice Bill is the government’s attempt to implement that long-awaited reform. Some practitioners and pressure groups are concerned that the bill doesn’t go far enough, and that there isn’t enough money behind it to make it work. There is a real risk, they say, that this bill will come to be seen as a missed opportunity.”
Law Society’s Gazette, 18th June 2009
Source: www.lawgazette.co.uk
Court fee changes mean taxpayers only shoulder costs for the poorest – Ministry of Justice
“Changes to fees in the civil courts are to be introduced in order to target taxpayers’ money more effectively while helping those in financial difficulty, Justice Minister Bridget Prentice announced today (18 June).”
Ministry of Justice, 18th June 2009
Source: www.justice.gov.uk
Ul-Haq and others v Shah – WLR Daily
Ul-Haq and others v Shah [2009] EWCA Civ 542; [2009] WLR (D) 197
“There was no general rule of law which permitted a court to strike out a genuine claim on the grounds that the claimant had been involved in a fraud upon the court in respect of an associated claim.”
WLR Daily, 18th June 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.
Octagon v Remblance and another – WLR Daily
Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196
“In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one of the conditions in r 6.5(4)(a) of the Insolvency Rules 1986, merely because the guarantor could afford to pay the debt. Moreover, where the tenant’s and guarantor’s liability were co-extensive and there were no good reasons for distinguishing between the position of the guarantor and that which would obtain if the tenant applied under r 6.5(4)(a) to set aside a statutory demand, justice and r 6.5(4)(d) of the 1986 Rules demanded that a statutory demand obtained against the guarantor should be set aside.”
WLR Daily, 18th June 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.
Gray v Thames Trains Ltd – WLR Daily
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195
“A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of earnings following his detention after the killing in prison, and subsequently in hospital under ss 37 and 41 of the Mental Health Act 1983.”
WLR Daily, 18th June 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.
AS (Somalia) v Secretary of State for the Home Department – WLR Daily
AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194
“The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time the decision to refuse was made, were not in themselves incompatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, even though their effect could be to cause unreasonable delay in bringing a family together in the United Kingdom.”
WLR Daily, 18th June 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.
Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus – WLR Daily
Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus [2009] WLR (D) 193
“A trial was the legal process whereby guilt or innocence was to be decided and which resulted in a final determination. A fugitive’s state of mind was not material in deciding whether he ‘absented himself from his trial’ within the meaning of s 20(3) of the Extradition Act 2003. It was a matter of fact as to whether or not the fugitive had attended the trial. A fugitive’s state of mind was relevant in considering whether he ‘deliberately’ absented himself from his trial and he ‘deliberately’ absented himself where he made a conscious decision not to attend.”
WLR Daily, 18th June 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.
Gray v Thames Trains Ltd and Another – Times Law Reports
Gray v Thames Trains Ltd and Another
House of Lords
“A claimant who, as a result of a railway accident caused by the defendants’ negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing.”
The Times, 19th June 2009
Source: www.timesonline.co.uk
The Big Question: Is the writing on the wall for the Government’s ID card scheme? – The Independent
“Why are we asking this now?
The Government had been due to award a key contract as part of its grand biometric ID card scheme this autumn. Three companies – Thales, Fujitsu and IBM – were bidding for the right to develop the cards’ design and handle their production. But this week the Home Office admitted a decision might not be made until the second half of 2010. This is the second delay to have hit the Government’s ID card scheme. Under the original plans, the widespread roll-out of the cards would have taken place next year. Now it is not due until 2012.”
The Independent, 19th June 2009
Source: www.independent.co.uk
Probation ‘told to under-spend’ – BBC News
“BBC News has seen an official letter which appears to cast doubt on claims by Justice Secretary Jack Straw that probation failings in the Dano Sonnex case were due to staff mismanaging their resources.”
BBC News, 19th June 2009
Source: www.bbc.co.uk
Brown under pressure to open Iraq inquiry to public – The Guardian
“Gordon Brown has been forced to open up the terms of the newly announced Iraq war inquiry after facing hostility to his plans from a broad coalition of former generals, former prime minister John Major and peers from all parties.”
The Guardian, 18th June 2009
Source: www.guardian.co.uk
Protest over hacker extradition move – The Independent
“Former Home Secretary Jacqui Smith ‘chose to disregard’ the impact of a computer hacker’s mental health problems when she approved his extradition to the US, an MP said today.”
The Independent, 18th June 2009
Source: www.independent.co.uk
Court official fixed jury selection – Daily Telegraph
“A court official fixed the selection of jurors to allow her neighbours to sit on the panel and claim £8,000 in expenses.”
Daily Telegraph, 18th June 2009
Source: www.telegraph.co.uk
