Jack Straw statement on Michael Shields – Ministry of Justice
“Justice Secretary Jack Straw has made a statement on the Michael Shields case.”
Ministry of Justice, 2nd July 2009
Source: www.justice.gov.uk
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
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
“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
“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.”
The Guardian, 2nd July 2009
Source: www.guardian.co.uk
Book by former anti-terror chief Andy Hayman banned from shops – The Times
“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.”
The Times, 3rd July 2009
Source: www.timesonline.co.uk
Child witnesses ‘wait too long’ – BBC News
“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.”
BBC News, 3rd July 2009
Source: www.bbc.co.uk
Family courts in crisis, says Sir Mark Potter – The Times
“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.”
The Times, 3rd July 2009
Source: www.timesonline.co.uk
Sentences for student killers ‘not unduly lenient’ – The Independent
“The families of two murdered French students today criticised the decision not to refer their sons’ killers’ sentences to the Court of Appeal.”
The Independent, 2nd July 2009
Source: www.independent.co.uk
Gang rapists’ sentences increased – BBC News
“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.”
BBC News, 2nd July 2009
Source: www.bbc.co.uk
Analysis: no longer the divorce capital of the world – The Times
“Pre-nuptial contracts have won the clear backing of the English courts after years of suspicion and even hostility.”
The Times, 3rd July 2009
Source: www.timesonline.co.uk
Child porn inquiry faces legal challenge – The Independent
“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.”
The Independent, 3rd July 2009
Source: www.independent.co.uk
Fast-track asbo system planned – The Guardian
“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.”
The Guardian, 2nd July 2009
Source: www.guardian.co.uk
Lords ruling reduces contracts’ certainty, says expert – OUT-LAW.com
“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.”
OUT-LAW.com, 2nd July 2009
Source: www.out-law.com
Straw refuses pardon for jailed football fan – The Independent
“Justice Secretary Jack Straw today refused an appeal for a pardon by jailed football fan Michael Shields.”
The Independent, 2nd July 2009
Source: www.independent.co.uk
BAILII: Recent Decisions
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)
Source: www.bailii.org
Call for fewer criminals to be jailed – The Independent
“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.”
The Independent, 2nd July 2009
Source: www.independent.co.uk
Heiress wins battle to uphold pre-nuptial contract – The Times
“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.”
The Times, 2nd July 2009
Source: www.timesonline.co.uk
Innocents accused of net piracy – BBC News
“Some 20 net users have come forward claiming they have been wrongly accused of illegally sharing video games.”
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
“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.”
The Guardian, 1st July 2009
Source: www.guardian.co.uk
