R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same – WLR Daily

Posted May 8th, 2009 in human rights, law reports, parole, prisons, rehabilitation by sally

R (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same (Same intervening)) [2009] UKHL 22; [2009] WLR (D) 145

“The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”

WLR Daily, 6th 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. 

HR (Portugal) v Secretary of State for the Home Department – WLR daily

Posted May 8th, 2009 in deportation, EC law, imprisonment, law reports by sally

HR (Portugal) v Secretary of State for the Home Department [2009] EWCA Civ 371; [2009] WLR(D) 144

“The time during which an European Economic Area national was serving a sentence of imprisonment in the United Kingdom was not to be included when calculating whether he had resided for a continuous period of at least ten years prior to a decision to deport him.”

WLR Daily, 6th 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.

Regina (Lee) v Same; Regina (Wells) v Same – Times Law Reports

Posted May 8th, 2009 in human rights, law reports, parole, prisons, sentencing by sally

Regina (Lee) v Same; Regina (Wells) v Same

House of Lords

“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”

The Times, 8th May 2009

Source: www.timesonline.co.uk

Government welcomes report highlighting major improvements for victims and witnesses – Ministry of Justice

Posted May 8th, 2009 in press releases, victims, witnesses by sally

“Over 80% of victims and witnesses are satisfied with their experience of the criminal justice system, an independent report published by the Criminal Justice inspectorates today, has highlighted.”

Full press release 

Ministry of Justice, 7th May 2009

Surde: www.justice.gov.uk

Capital and income in trusts: classification and apportionment – Law Commission

Posted May 8th, 2009 in apportionment, press releases, trusts by sally

“A project to examine the complicated rules governing the treatment of trust receipts and outgoings as capital or income and the extent to which trustees who have to distinguish between income and capital should be able to invest on a ‘total return’ basis, with reference particularly to trusts for interests in succession and to charitable trusts with permanent endowment.”

Full press release

Law Commission, 7th May 2009

Source: www.lawcom.gov.uk

Remuneration for Confiscation – The Bar Council

Posted May 8th, 2009 in confiscation, press releases by sally

“On 29 April 2009 the House of Lords confirmed that the prosecution are entitled in confiscation proceedings (i) to prove that the defendant had committed offences other than those to which he had pleaded or in respect of which he had been convicted and (ii) to invite the court to estimate the profit that he must have made from those offences:  R. v. Briggs-Price [2009] UKHL 19.”

Full press release

The Bar Council, 8th May 2009

Source: www.barcouncil.org.uk

Nichol Review of QC System Endorsed The Revised Procedure – The Bar Council

Posted May 8th, 2009 in press releases, queen's counsel by sally

“The Bar Council and the Law Society have today published the report of Sir Duncan Nichol CBE’s review of Queen’s Counsel Appointments.”

Full press release

The Bar Council, 8th May 2009

Source: www.barcouncil.org.uk

The murky, mysterious world of the Queen’s Privy Council – The Times

Posted May 8th, 2009 in news, Privy Council by sally

“The Privy Council is one of the most obscure and murky corners of the British constitution — yet its powers are far from antiquated or redundant.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

Mayfair nightclub Annabel’s fined over tips system – The Times

Posted May 8th, 2009 in news, remuneration, VAT by sally

“A prestigious Mayfair nightclub lost a court battle with the taxman yesterday over a tips system that benefited customers and staff.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

Navy officer loses racism claim – BBC News

Posted May 8th, 2009 in armed forces, news, race discrimination by sally

“A black Royal Navy officer has lost his claim for racial discrimination

Full story

BBC News, 7th May 2009

Source: www.bbc.co.uk

Men jailed for 17-day crime spree – BBC News

Posted May 8th, 2009 in burglary, kidnapping, news, robbery, sentencing by sally

“Two men who terrorised part of Greater Manchester during a 17-day crime spree have been jailed for life.”

Full story

BBC News, 7th May 2009

Source: www.bbc.co.uk

Agency workers to receive equal rights after 12 weeks in job – The Guardian

Posted May 8th, 2009 in casual workers, news by sally

“About 500,000 agency workers will receive the same pay and conditions as permanent staff under proposals to be published by ministers today in an effort to redeem a pledge made by government to union.”

Full story

The Guardian, 8th May 2009

Source: www.guardian.co.uk

DNA pioneer condemns plan to keep details on database for 12 years – The Guardian

Posted May 8th, 2009 in data protection, DNA, news by sally

“The government’s plans to reform the national DNA database were condemned yesterday by lawyers for the two innocent men whose European court victory forced ministers to change the rules.”

Full story

The Guardian, 8th May 2009

Source: www.guardian.co.uk

Stop-and-search powers limited by the Met Police after bias claim – The Times

Posted May 8th, 2009 in minorities, news, stop and search by sally

“Britain’s biggest police force has agreed to limit its use of controversial stop-and-search powers after critics claimed it was discriminating against minority groups.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

Queen’s Trinity Cross honour deemed unlawful by Privy Council – The Times

Posted May 8th, 2009 in news, religious discrimination by sally

“An honour established by the Queen has been declared unlawful after Muslims and Hindus complained that its Christian name and cross insignia were offensive.”

Full story

The Times, 8th May 2009

Source: www.timesonline.co.uk

Huntsman cautioned for chasing hare in first case of its kind under Hunting Act – Daily Telegraph

Posted May 7th, 2009 in hunting, news by sally

“A huntsman has been given a police caution for illegally hunting a hare – the first case of its kind dealt with under the controversial Hunting Act.”

Full story

Daily Telegraph, 7th May 2009

Source: www.telegraph.co.uk

Home Office rejects all Gurkha residency test cases – The Guardian

Posted May 7th, 2009 in armed forces, Gurkhas, immigration, news by sally

“Gurkha rights campaigners today accused Gordon Brown of betrayal after learning that all five test cases of applications to stay in Britain have been rejected by the Home Office.”

Full story

The Guardian, 7th May 2009

Source: www.guardian.co.uk

Teacher Matthew Wren wins battle to have DNA records deleted – The Times

Posted May 7th, 2009 in criminal records, DNA, judicial review, news, police by sally

“A teacher has won a High Court battle to have his DNA destroyed after he was unlawfully arrested by police when accused of assault by a pupil.”

Full story

The Times, 7th May 2009

Source: www.timesonline.co.uk

Ruling quashed on balcony death father – The Independent

Posted May 7th, 2009 in inquests, news, unlawful killing by sally

“An inquest ruling that a man unlawfully killed his six-year-old son by throwing him off a hotel balcony when a holiday trip to Crete to salvage his marriage went disastrously wrong was quashed by the High Court today.”

Full story

The Independent, 7th May 2009

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted May 7th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

B, R v [2009] EWCA Crim 906 (07 May 2009)

Athwal & Ors, R v [2009] EWCA Crim 789 (07 May 2009)

Court of Appeal (Civil Division)

Baynes v Hedger & Anor [2009] EWCA Civ 374 (07 May 2009)

Annabel’s (Berkeley Square) Ltd & Ors v Revenue and Customs [2009] EWCA Civ 361 (07 May 2009)

Cavendish Corporate Finance Llp v GIL Investments Ltd [2009] EWCA Civ 368 (07 May 2009)

High Court (Chancery Division)

Colorcon Ltd v Huckell & Ors [2009] EWHC 979 (Ch) (07 May 2009)

High Court (Administrative Court)

O’Connor, R (on the application of) v HM Coroner for District of Avon & Anor [2009] EWHC 854 (Admin) (07 May 2009)

High Court (Commercial Court)

CNH Global NV v PGN Logistics Ltd & Ors [2009] EWHC B8 (Comm) (26 February 2009)

Source: www.bailii.org