Smacking row family win right to adopt – Daily Telegraph
“A family has won the right to adopt a girl after they were banned when the father smacked a child for swearing.”
Daily Telegraph, 11th February 2009
Source: www.telegraph.co.uk
Why we have still not learnt the lessons from Harold Shipman – The Times
“Ten years ago Harold Shipman was making headlines after he was charged with the murder of 15 of his patients. A public inquiry found that Shipman had used loopholes in the systems in which he practised as a family doctor to kill more than 215 people and to avoid detection for many years.”
The Times, 12th February 2009
Source: www.timesonline.co.uk
Mother and boyfriend guilty of inflicting 107 injuries on child – The Independent
“A girl aged two was beaten to death by her mother and her boyfriend, who inflicted 107 separate injuries during four weeks of violence.”
The Independent, 12th February 2009
Source: www.independent.co.uk
Police will not investigate ‘cash for amendments’ allegations – The Guardian
“Labour peers accused of attempting to change the law in favour of companies employing them will not be investigated by the police, Scotland Yard said today.”
The Guardian, 11th February 2009
Source: www.guardian.co.uk
Credit-crunch divorcés appeal over maintenance – The Times
“The courts are expected to rule soon in a series of test cases brought by once-wealthy City workers who want to renegotiate their hefty divorce settlements now that they are deprived of their large bonuses.”
The Times, 12th February 2009
Source: www.timesonline.co.uk
Photographers fear they are target of new terror law – The Guardian
“Taking photographs of police officers could be deemed a criminal offence under anti-terrorism legislation that comes into force next week. Campaigners against section 76 of the Counter-Terrorism Act 2008, which becomes law on Monday, said it would leave professional photographers open to fines and arrest.”
The Guardian, 12th February 2009
Source: www.guardian.co.uk
Abuse case couple lose fight to get children back – The Independent
“A couple whose children were taken from them and adopted cannot have them back, even though they ‘may be right’ in believing they suffered a miscarriage of justice, three Court of Appeal judges have ruled.”
The Independent, 12th February 2009
Source: www.independent.co.uk
House of Lords rule against BBC on release of bias report – The Times
“A lawyer has won the backing of the House of Lords in his campaign to force the BBC to disclose an internal report on perceived bias in its coverage of the Middle East.”
The Times, 12th February 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
High Court (Commercial Court)
Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)
High Court (Technology and Construction Court)
Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009)
Source: www.bailii.org
English court can’t stop Italian lawsuit despite arbitration agreement, ECJ says – OUT-LAW.com
“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”
OUT-LAW.com, 11th February 2009
Source: www.out-law.com
Fees in the United Kingdom Supreme Court – Ministry of Justice
“A consultation on the system of fees and concessions for civil and devolution cases in the Supreme Court, after it becomes operational in October 2009.”
Ministry of Justice, 10th February 2009
Source: www.justice.gov.uk
Study of Sentencing and its Outcomes: Pilot report – Sentencing Guidelines Council
“On Tuesday 10th February, the SGC and MOJ jointly published: ‘The Study of Sentencing and its Outcomes: a pilot report’. The pilot assessed the feasibility of sampling court records, collecting data from court records and managing data collection procedures. It shows that while data collection from court records can be managed, crucial information was not obtainable making it difficult to achieve the objectives of the main study. For this reason, the SGC and MOJ have decided not to continue with the study. A statement explaining this decision accompanies the pilot report.”
Pilot report (PDF)
Pilot statement (PDF)
Sentencing Guidelines Council, 10th February 2009
Source: www.sentencing-guidelines.gov.uk
Managa Properties Ltd v Brittain – WLR Daily
Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42
“Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors’ meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the best interests of the liquidation for such an order to be made.”
WLR Daily, 10th February 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.
In re P [2009] – WLR Daily
In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41
“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”
WLR Daily, 10th February 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 v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi – Times Law Reports
Court of Appeal (Criminal Division)
“The seriousness of terrorist activity about which a defendant failed to give information, rather than the extent of the information that could have been provided, was what determined the level of criminality which had to be reflected in the sentence.”
The Times, 11th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
NML Capital Ltd v Republic of Argentina – Times Law Reports
NML Capital Ltd v Republic of Argentina
Queen’s Bench Division
“A foreign state was not entitled to claim sovereign immunity to avoid enforcement of a judgment validly obtained in another overseas jurisdiction.”
The Times, 11th February 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
City earners struggle to meet divorce payments – The Guardian
“City bankers hit hard by the credit crunch are desperately attempting to renegotiate costly divorce settlements they can no longer afford, according to top law firms.”
The Guardian, 11th February 2009
Source: www.guardian.co.uk
Lords to rule on release of BBC Middle East conflict report – The Guardian
“The law lords will rule today on whether the BBC should release an internal report on its coverage of the Middle East conflict.”
The Guardian, 11th February 2009
Source: www.guardian.co.uk
