UK ‘failing’ on causes of crime – BBC News
“The government has failed to carry out its election pledge to tackle the causes of crime, says a world expert on crime reduction.”
BBC News, 11th May 2009
Source: www.bbc.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil division)
P (A Child), Re [2009] EWCA Civ 376 (08 May 2009)
High Court (Administrative Court)
Ghai v Newcastle City Council [2009] EWHC 978 (Admin) (08 May 2009)
A v London Borough of Croydon [2009] EWHC 939 (Admin) (08 May 2009)
High Court (Chancery Division)
FJ Chalke Ltd & Anor v Revenue & Customs [2009] EWHC 952 (Ch) (08 May 2009)
Court Court (Family Division)
Leake v Goldsmith [2009] EWHC 988 (Fam) (08 May 2009)
High Court (Queen’s Bench Division)
Scopelight Ltd & Ors v Chief of Police for Northumbria & Ors [2009] EWHC 958 (QB) (07 May 2009)
Monks v Warwick District Council [2009] EWHC 959 (QB) (07 May 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The European Parliamentary Elections (Local Returning Officers’ Charges) (Scotland) Order 2009
The Armed Forces Act 2006 (Commencement No. 5) Order 2009
The Railways Infrastructure (Access and Management) (Amendment) Regulations 2009
The Armed Forces (Review of Court Martial Sentence) Order 2009
The Armed Forces (Review of Court Martial Sentence) (Supplementary Provision) Regulations 2009
The Registered Pension Schemes (Authorised Payments) Regulations 2009
The Taxation of Pension Schemes (Transitional Provisions) (Amendment) Order 2009
Source: www.opsi.gov.uk
Regina (JS) (Sri Lanka) v Secretary of State for the Home Department – Times Law Reports
Regina (JS) (Sri Lanka) v Secretary of State for the Home Department
Court of Appeal
“In order to establish that an asylum seeker was liable for a joint criminal enterprise such as to exclude him from the protection of the Geneva Convention as complicit in war crimes or crimes against humanity, there had to have been a common design which amounted to or involved the commission of a crime provided for by statute.”
The Times, 11th May 2009
Source: www.timesonline.co.uk
Regina (RK) (Nepal) and Another v Secretary of State for the Home Department – Times Law Reports
Regina (RK) (Nepal) and Another v Secretary of State for the Home Department
Court of Appeal
“A non-British student with conditional leave to enter and stay in the United Kingdom and who was ordered to leave on breaching those conditions, could not appeal against that decision while still in the country.”
The Times, 11th May 2009
Source: www.timesonline.co.uk
R (O’Connor) v HM Coroner for the District of Avon (Visser intervening) – WLR Daily
“The test for a verdict of unlawful killing was not exclusively objective, it being necessary to find at least the mental element necessary for a criminal conviction of assault; and insanity, if properly raised on the evidence, had to be disproved to the criminal standard to sustain such a verdict.”
WLR Daily, 8th 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.
Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd and others – WLR Daily
Revenue and Customs Commissioners v Annabel’s (Berkeley Square) Ltd and others; [2009] WLR (D) 149
“Money payments made in the form of discretionary service charges by customers to waiters and bar staff by credit or debit card or by cheque, and collected by the proprietor/employer to be transmitted to employees via a ‘tronc’ system (an arrangement for the pooling and distribution to employees), administered by an employee called ‘troncmaster’, did not count towards an employee’s remuneration within the meaning of reg 30(a) of the National Minimum Wage Regulations 1999, to meet the requirement of s 1 of the National Minimum Wage Act 1998.”
WLR Daily, 8th 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.
Attorney General and Lord Advocate on prosecution of terrorism cases – Attorney-General’s Office
“The prosecution of cross-border terrorism offences will be strengthened by a new protocol agreed today (8 May 2009) by the Lord Advocate, the Right Honourable Elish Angiolini QC, and the Attorney General, the Right Honourable Baroness Scotland QC.”
Attorney-General’s Office, 9th May 2009
Source: www.attorneygeneral.gov.uk
Blacklisting of union members by companies to be outlawed – The Guardian
“The government is to outlaw the use by companies of covert blacklists that have prevented trade unionists from getting work. Ministers have been forced to act after a watchdog exposed widespread blacklisting in the construction industry this year.”
The Guardian, 10th May 2009
Source: www.guardian.co.uk
Commissioners reveal plans to harmonise EU copyright laws – OUT-LAW.com
“Two European commissioners have outlined plans to more closely harmonise copyright law across the European Union’s 27 member states and create EU-wide copyright licences. The commissioners want to end ‘fragmentation’ of copyright laws.”
OUT-LAW.com, 7th May 2009
Source: www.out-law.com
Exemption clauses need strong words to survive deliberate, fundamental breaches, says High Court – OUT-LAW.com
“Someone who deliberately breaches a fundamental term of a contract generally cannot rely on exemptions in the contract to avoid liability to the other party without clear, strong language to that effect, the High Court has ruled.”
OUT-LAW.com, 6th May 2009
Source: www.out-law.com
Mau Mau veterans sue for colonial abuses – The Guardian
“Five elderly Kenyans detained and allegedly tortured during the Mau Mau independence uprising of more than 50 years ago are to issue a reparations claim against the British government in London next month.”
The Guardian, 10th May 2009
Source: www.guardian.co.uk
Police and prosecutors apologise to disabled victims of crime – The Guardian
“Many disabled victims of crime are being failed by the system, the Guardian has learned, following two cases in which the Crown Prosecution Service and the police were forced to apologise for not taking offences seriously enough.”
The Guardian, 11th May 2009
Source: www.guardian.co.uk
Seven-year prison term for fugitive Lib Dem donor – The Independent
“The Liberal Democrats’ biggest donor, who remains on the run after stealing nearly £8m from the former chairman of Manchester United, was sentenced in his absence to seven years in jail yesterday.”
The Independent, 9th May 2009
Source: www.independent.co.uk
Farming family guilty of ‘grotesque’ cruelty – The Independent
“Five members of one family were found guilty of ‘grotesque’ cruelty yesterday after one of Britain’s largest horse-rescue operations. RSPCA inspectors who raided Spindle Farm in Buckinghamshire last year found a ‘horror scene’ of starving, emaciated and diseased animals, surrounded by the rotting corpses of others.”
The Independent, 9th May 2009
Source: www.independent.co.uk
Metal detector user David Hutchings jailed for selling fake coins – The Times
“A metal detector enthusiast who claimed to have discovered hoards of valuable antiquities during years of treasure hunting has been convicted of selling modern fakes.”
The Times, 11th May 2009
Source: www.timesonline.co.uk
Judge criticises court fee plans – BBC News
“A senior judge has called on the government to reconsider plans to increase court fees in civil and family cases in England and Wales.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
Police called in over leaks as more MPs accused – The Times
“MPs defied their own legal advice last night and asked the police to investigate how expenses details had been offered for sale to newspapers.”
The Times, 9th May 2009
Source: www.timesonline.co.uk
Devout Hindu loses cremation bid – BBC News
“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
