Railway track driver spared jail – BBC News

Posted June 12th, 2009 in alcohol abuse, dangerous driving, news, sentencing by sally

“A drunk woman who drove almost half a mile along railway tracks before her car broke down has been spared jail.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Many parking tickets ‘unlawful’ – BBC News

Posted June 12th, 2009 in fines, news, parking by sally

“Thousands of parking tickets paid by credit card could be cancelled after a council’s charges were ruled unlawful.”

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BBC News, 11th June 2009

Source: www.bbc.co.uk

80 per cent of knife offenders avoid going straight to jail – The Times

Posted June 12th, 2009 in news, offensive weapons, sentencing by sally

“Four out of five knife offenders avoid going straight to jail, according to government figures published yesterday.”

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The Times, 12th June 2009

Source: www.timesonline.co.uk

Former pupil sues Oundle School over drunken fall from window – The Times

Posted June 12th, 2009 in duty of care, health & safety, news, personal injuries, school children by sally

“A public school is being sued by a former pupil who was permanently disabled following a drunken fall from a window.”

Full story

The Times, 12th June 2009

Source: www.timesonline.co.uk

Student murder sentences examined – BBC News

Posted June 11th, 2009 in murder, news, sentencing by sally

“The Attorney General will consider whether the sentences given to two men who tortured and murdered two French students were ‘unduly lenient’.”

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BBC News, 11th June 2009

Source: www.bbc.co.uk

Speeding biker who filmed death crash banned – The Independent

Posted June 11th, 2009 in dangerous driving, news, sentencing by sally

“A speeding motorcyclist who unwittingly filmed a fellow biker’s death crash with a camera strapped to his petrol tank, walked free from court today with a ban.”

Full story

The Independent, 11th June 2009

Source: www.independent.co.uk

Priest barred over intimate text messages – The Independent

Posted June 11th, 2009 in clergy, disciplinary procedures, news by sally

“A priest has been barred from holding a licence after he admitted sending ‘sexual and intimate’ text messages to a teenage parishioner.”

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The Independent, 11th June 2009

Source: www.independent.co.uk

Analysis: Soham loopholes still not closed – The Times

Posted June 11th, 2009 in child abuse, criminal records, news, vetting by sally

“The investigation into alleged child abuse at the Little Ted nursery is likely to consider whether the worker who was charged yesterday was subjected to the correct vetting process. Loopholes in vetting came to light after the Soham murders of 2002. Yet a new system designed to strengthen checks has yet to come into force, although ministers say they are confident that they will meet the latest deadline of this October.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

G20 police officer under investigation for alleged second assault – The Guardian

Posted June 11th, 2009 in assault, demonstrations, news, police by sally

“A Metropolitan police sergeant who was filmed slapping a female protester at the G20 protests is under investigation for allegedly assaulting a second woman, the Guardian can reveal.”

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The Guardian, 11th June 2009

Source: www.guardian.co.uk

Man jailed over schoolgirl kidnap – BBC News

Posted June 11th, 2009 in kidnapping, news, sentencing by sally

“A lorry driver who abducted a 15-year-old girl he met in an internet chatroom and took her to France has been jailed for five years.”

Full story

BBC News, 11th June 2009

Source: www.bbc.co.uk

Army interpreter loses spy appeal – BBC News

Posted June 11th, 2009 in appeals, armed forces, interpreters, news, spying by sally

“An Army corporal who was the personal interpreter to Britain’s top general in Afghanistan has lost an appeal against his 10-year sentence for spying.”

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BBC News, 11th June 2009

Source: www.bbc.co.uk

Three youths found guilty of Ben Kinsella murder – The Independent

Posted June 11th, 2009 in murder, news, offensive weapons, young offenders by sally

“Three youths were found guilty today of murdering Ben Kinsella, the 16-year-old brother of former EastEnders actress Brooke Kinsella.”

Full story

The Independent, 11th June 2009

Source: www.independent.co.uk

House of Lords Judgments: What’s new?

Posted June 11th, 2009 in law reports by sally

Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action [2009] UKHL 28 (10 June 2009)

Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 (10 June 2009)

R v Islam (Respondent) (on appeal from the Court of Appeal Criminal Division) [2009] UKHL 30 (10 June 2009)

Her Majesty’s Revenue and Customs (Respondents) v Stringer and others (Appellants) [2009] UKHL 31 (10 June 2009)

Source: www.parliament.uk

BAILII: Recent Decisions

Posted June 11th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 (10 June 2009)

Secretary of State for Work & Pensions v Yates [2009] EWCA Civ 479 (10 June 2009)

High Court (Chancery Division)

Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009)

High Court (Technology and Construction Court)

Thompson (t/a R J Thompson International) v Charlesworth [2009] EWHC 417 (TCC) (17 February 2009)

National House Building Council v Relicpride Ltd & Ors [2009] EWHC 1260 (TCC) (22 May 2009)

Source: www.bailii.org

Corporate manslaughter: making work a much safer place – The Times

Posted June 11th, 2009 in corporate manslaughter, news by sally

“In law, small cases often mark major milestones. When the prosecution of Cotswold Geotechnical Holdings begins next week at Stroud Magistrates’ Court, a new chapter in English law will begin. It will be the first case brought under the Corporate Manslaughter and Corporate Homicide Act 2007 and it signifies a new approach to prosecuting companies for alleged crimes.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE – Times Law Reports

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE

House of Lords

“Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person had to be given sufficient information about the case against him to enable him to give effective instructions to the special advocate representing him.”

The Times, 11th June 2009

Source: www.timesonline.co.uk

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others) – WLR Daily

Posted June 11th, 2009 in holiday pay, law reports, remuneration, sick leave, working time by sally

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others [2009] UKHL 31; [2009] WLR (D) 178

“Employees were entitled to complain of the non-payment of statutory holiday pay as an unlawful deduction from wages pursuant to ss 13 and 23 of the Employment Rights Act 1996 as well as under regs 13 and 16 or 14 of the Working Time Regulations 1998.”

WLR Daily, 10th 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.

R v Islam – WLR Daily

Posted June 11th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Islam [2009] UKHL 30; [2009] WLR (D) 177

“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”

WLR Daily, 10th 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.

Supperstone v Hurst and another – WLR Daily

Posted June 11th, 2009 in law reports, restraining orders, vexatious litigants by sally

Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176

“The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made.”

WLR Daily, 10th 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.

R v Fazal – WLR Daily

Posted June 11th, 2009 in conversion, law reports, proceeds of crime by sally

R v Fazal [2009] WLR (D) 175

“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”

WLR Daily, 10th 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.