Baby P sentences to be reviewed by attorney general – The Guardian

“The attorney general is to ask the court of appeal to increase the sentences handed down in the Baby Peter case after several complaints from child welfare organisations and the public that they were disappointingly short.”

Full story

The Guardian, 27th May 2009

Source: www.guardian.co.uk

Jack Straw defends virtual courts after trial at police station – The Times

Posted May 28th, 2009 in live link evidence, magistrates, news by sally

“Jack Straw, the Justice Secretary, was in court yesterday — to defend his plans for ‘virtual courts’, under which thousands of defendants will lose their right to have a courtroom hearing.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Amnesty criticises Britain over human rights – Daily Telegraph

Posted May 28th, 2009 in human rights, news, torture by sally

“Amnesty International has attacked Britain’s record on human rights and called for a public inquiry in to allegations of collusion over the torture of Binyam Mohamed.”

Full story

Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

Sikirat Agbaje appeals to Lords over £7,000 Nigerian divorce payout – The Times

Posted May 28th, 2009 in divorce, news by sally

“An elderly woman left almost penniless in a divorce dispute is to go to the highest court in a challenge that will test London’s reputation as ‘divorce capital of the world’.”

Full story

The Times, 28th May 2009

Source: www.timesonline.co.uk

Database blacklist saw thousands denied jobs – The Independent

Posted May 28th, 2009 in data protection, employment, news by sally

“Thousands of workers in the construction industry were denied employment because of a secret ‘blacklist’, a court heard today.”

Full story

The Independent, 27th May 2009

Source: www.independent.co.uk

Britain sending refused Congo asylum seekers back to threat of torture – The Guardian

Posted May 28th, 2009 in asylum, news, torture by sally

“The British government is sending refused asylum seekers back home, a Guardian investigation has revealed, despite the fears of human rights campaigners and lawyers that deportees could encounter persecution on their return.”

Full story

The Guardian, 27th May 2009

Source: www.guardian.co.uk

Rolls Royce plc v Unite the Union – Times Law Reports

Posted May 27th, 2009 in age discrimination, EC law, law reports, redundancy by sally

Rolls Royce plc v Unite the Union

Court of Appeal

“Length of service was a lawful criterion for selection for redundancy since it achieved a legitimate aim by a proportionate means.”

The Times, 27th May 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted May 27th, 2009 in legislation by sally

The Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009

The Products of Animal Origin (Disease Control) (England) (Amendment) Regulations 2009

The Housing (Replacement of Terminated Tenancies) (Successor Landlords) (England) Order 2009

The Housing and Regeneration Act 2008 (Commencement No.5) Order 2009

The Berwick Upon Tweed Harbour Revision (Constitution) Order 2009

Source: www.opsi.gov.uk

Home visits for high risk sex offenders cut – Daily Telegraph

Posted May 27th, 2009 in news, police, rehabilitation, sexual offences by sally

“High risk sex offenders under supervision in the community face fewer checks by the police after revised Government guidance relaxed their monitoring.”

Full story

Daily Telegraph, 26th May 2009

Source: www.telegraph.co.uk

Court refuses ‘futile’ reporting restriction on paternity story – OUT-LAW.com

Posted May 27th, 2009 in news, paternity, reporting restrictions by sally

“Banning the further reporting of a story which has already gained the attention of millions of people around the world would be ludicrous, absurd and unenforceable, the High Court has said.”

Full story

OUT-LAW.com, 26th May 2009

Source: www.out-law.com

Police chief Colin Port risks career by refusing to return child abuse data – The Times

“A chief constable could face jail and an end to his 35-year police career for defying a High Court order to return computers suspected of holding a huge collection of child abuse images to a controversial expert witness.”

Full story

The Times, 27th May 2009

Source: www.timesonline.co.uk

MI5 faces fresh torture allegations – The Guardian

Posted May 27th, 2009 in intelligence services, news, torture by sally

“The home secretary Jacqui Smith faces legal action over allegations that MI5 agents colluded in the torture of a British former civil servant by Bangladeshi intelligence officers.”

Full story

The Guardian, 26th May 2009

Source: www.guardian.co.uk

Judge blames police for vigilante crimes – Daily Telegraph

Posted May 27th, 2009 in news, police by sally

“Judge Richard Bray criticised the force for the number of reprisal crimes committed, saying the courts were ending up dealing with revenge attacks because the police did not respond to calls quickly enough.”

Full story

Daily Telegraph, 27th May 2009

Source: www.telegraph.co.uk

Harry Rednapp lawyer takes on the police again over search warrant – The Times

Posted May 27th, 2009 in news, police, search & seizure, warrants by sally

“The lawyer who has put a police chief’s job on the line over a search warrant is the same man who represented Harry Redknapp in his successful claim over a dawn raid on his home.”

Full story

The Times, 27th May 2009

Source: www.timesonline.co.uk

ECJ rulings on Google keywords might not resolve controversy, warns High Court – OUT-LAW.com

Posted May 27th, 2009 in advertising, EC law, internet, news, trade marks by sally

“A widely-requested European Court of Justice (ECJ) ruling on keyword advertising may fail to give businesses in the UK and Ireland the legal clarity it would give to the rest of Europe, a High Court judge has warned.”

Full story

OUT-LAW.com, 26th May 2009

Source: www.out-law.com

Menezes officer ‘did not deceive’ – BBC News

Posted May 27th, 2009 in complaints, firearms, inquests, news, police by sally

“A police officer who admitted altering his notes about the death of Jean Charles de Menezes has been cleared following an inquiry.”

Full story

BBC News, 26th May 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted May 27th, 2009 in law reports by sally

Court of Appeal (Civil Division)

ZO (Somalia) & Anor, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 442 (20 May 2009)

Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414 (21 May 2009)

Baker v Quantum Clothing Group [2009] EWCA Civ 499 (22 May 2009)

R (A Child), Re [2009] EWCA Civ 445 (22 May 2009)

Vodafone 2 v HM Revenue & Customs [2009] EWCA Civ 446 (22 May 2009)

BCL Old Co Ltd & Ors v BASF SE & Ors [2009] EWCA Civ 434 (22 May 2009)

High Court (Chancery Division)

L’Oreal SA & Ors v EBay International AG & Ors [2009] EWHC 1094 (Ch) (22 May 2009)

Interflora, Inc & Anor v Marks & Spencer Plc & Anor [2009] EWHC 1095 (Ch) (22 May 2009)

Blue Sphere Global Ltd v HM Revenue & Customs [2009] EWHC 1150 (Ch) (22 May 2009)

Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) (22 May 2009)

Lovett & Anor v Carson Country Homes Ltd & Ors [2009] EWHC 1143 (Ch) (01 May 2009)

Revenue & Customs v Micro Fusion 2004-1 LLP [2009] EWHC 1082 (Ch) (22 May 2009)

Secretary of State for Business, Enterprise & Regulatory Reform v Charter Financial Solutions Ltd & Ors [2009] EWHC 1118 (Ch) (22 May 2009)

Source: www.bailii.org

Aerotel Ltd v Wavecrest Group Enterprises Ltd and others – WLR Daily

Posted May 26th, 2009 in law reports, patents by sally

Aerotel Ltd v Wavecrest Group Enterprises Ltd and others [2009] EWCA Civ 408; [2009] WLR (D) 171

“A patentee seeking to rely on commercial success as an indicator of non-obviousness in order to rebut an allegation of its patent being obvious over prior art had to establish that the commercial success relied on was due to his invention and not to other market factors. Where a number of other factors might have explained the success, unless he could show they were irrelevant or largely so, he would not have proved what he needed to rebut the allegation. The evidential onus of proof was on him, and the party making the allegation was not required to show that the commercial success was due to other factors.”

WLR Daily, 21st May 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.

Vodafone 2 v Revenue and Customs Commissioners – WLR Daily

Vodafone 2 v Revenue and Customs Commissioners [2009] EWCA Civ 446; [2009] WLR (D) 170

“It was possible to provide a conforming interpretation of the Income and Corporation Taxes Act 1988 which avoided any unlawful restriction on a taxpayer company’s freedom of establishment, conferred by art 43EC of the EC Treaty, by the introduction of an additional exception to those contained in s 748(1)(a) to (e) and (3) in respect of the apportionment of profits of controlled foreign companies by the additional implication of the words ‘ if [the company] is, in that accounting period, actually established in another member state of the EEA and carries on genuine economic activities there’.”

WLR Daily, 21st May 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.

Mohammadi v Shellpoint Trustees Ltd and another – WLR Daily

Posted May 26th, 2009 in costs, law reports, legal aid, solicitors by sally

Mohammadi v Shellpoint Trustees Ltd and another [2009] EWHC 1098 (Ch); [2009] WLR (D) 169

“When a legally assisted person’s solicitors had ceased to act, without another firm being retained under a legal aid certificate, and that fact had been communicated to the opposing party, then from the moment of that communication the litigant ceased to be a legally assisted person for the purposes of the Legal Aid Act 1988.”

WLR Daily, 21st May 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.