Regina (Black) v Secretary of State for Justice – Times Law Reports
Regina (Black) v Secretary of State for Justice
House of Lords
“The provision requiring lawfulness of detention to be determined by a court was not infringed when the Secretary of State for Justice rather than the Parole Board determined whether certain long-term prisoners should be released on licence.”
The Times, 30th January 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.
Independent review recommends halving 30-year rule – Ministry of Justice
“The review team set up to examine how public records are made available has recommended that the government halves the number of years the public must wait to see government information.”
Ministry of Justice, 29th January 2009
Source: www.justice.gov.uk
Babysitter jailed for raping girl – BBC News
“A Teesside man has been jailed for six years after admitting repeatedly raping a five-year-old girl he babysat for.”
BBC News, 29th January 2009
Source: www.bbc.co.uk
Deal reached on Gurkhas’ right to settle in UK – The Guardian
“Thousands more Gurkha veterans and their families will have the right to settle in the United Kingdom in an agreement expected to be announced next week, government officials have confirmed.”
The Guardian, 30th January 2009
Parents of Rhys Jones ‘disgusted’ by sentences – The Independent
“The parents of Rhys Jones, the 11-year-old boy shot dead in Liverpool in August 2007 as he walked home from football practice, spoke of their ‘disgust’ last night after a judge ruled that three gang members convicted over the killing will serve only five years in prison between them.”
The Independent, 30th January 2009
Source: www.independent.co.uk
‘Barmy’ legal aid for failed asylum seeker – The Independent
“A decision to give legal aid to a failed asylum seeker and fraudster has been described as ‘barmy’.”
The Independent, 30th January 2009
Source: www.independent.co.uk
Senior Met officer to review Lords corruption claims – The Guardian
“John Yates, the Scotland Yard assistant commissioner who headed the ‘cash for honours’ inquiry, is to review whether four Labour peers should face a police inquiry, it was announced yesterday.”
The Guardian, 30th January 2009
Source: www.guardian.co.uk
Legal threat to councils over rape victims – The Guardian
“More than 100 councils will today be threatened with legal action over their failure to provide rape crisis centres and domestic violence support services, with a strongly worded warning issued by the Equality and Human Rights Commission.”
The Guardian, 30th January 2009
Source: www.guardian.co.uk
Bruising battle looms over release of records – The Times
“The proposal to halve from 30 to 15 years the period before government records are publicly released is both welcome and overdue. But this is only part of the answer to the question of what, and when, the public should know about how decisions are taken on their behalf, as is recognised in yesterday’s independent review by a panel including Paul Dacre, Editor of the Daily Mail, who was chairman; Professor Sir David Cannadine, the historian; and Sir Joe Pilling, a retired Permanent Secretary.”
The Times, 30th January 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
ETS v BT [2009] EWCA Civ 20 (28 January 2009)
High Court (Technology and Construction Court)
Dalkia Energy and Technical Services Ltd v Bell Group UK Ltd [2009] EWHC 73 (TCC) (21 January 2009)
Bovis Lend Lease Ltd v The Trustees of the London Clinic [2009] EWHC 64 (TCC) (28 January 2009)
Source: www.bailii.org
‘Written tests are no guide to your ability to be a judge’ – The Times
“A judge has taken the unprecedented step of launching legal action because he failed to be shortlisted for a judicial post after sitting a new written test. David Page, 58, who has sat as a £102,000-a-year full-time immigration judge since 2002, was insulted and shocked to find that he was ruled out after two 40-minute written papers.”
The Times, 29th January 2009
Source: www.timesonline.co.uk
Inquests without a jury: the Government needs to think again – The Times
“The Coroners and Justice Bill, which had its second reading in the House of Commons on Monday, allows the Secretary of State for Justice to specify that an inquest should take place without a jury to prevent ‘harm to the public interest’. The Government has failed to justify such a broad discretion to remove an important safeguard against abuse of power.”
The Times, 29th January 2009
Source: www.timesonline.co.uk
Two Pacific Continental Securities executives banned by FSA – The Times
“Two executives of Pacific Continental Securities, a notorious stockbroking firm that fleeced more than 8,000 savers, were banned from the City yesterday. Steven Griggs, the former chief executive, and Charles Weston, the former finance director, were also heavily fined by the Financial Services Authority.”
The Times, 29th January 2009
Source: www.timesonline.co.uk
Ban on possession of extreme images comes into force – OUT-LAW.com
“It has become illegal in most of the UK to own extreme pornographic images. A new law came into force making it a criminal offence to possess the images in England, Wales and Northern Ireland. A similar law is proposed in Scotland.”
OUT-LAW.com, 29th January 2009
Source: www.out-law.com
All criteria must be met for exemptions from disability hiring law, says EAT – OUT-LAW.com
“If a company that is recruiting is to be exempt from making provisions for disabled applicants it must fulfil all the criteria laid down in law and not just some of them, the Employment Appeals Tribunal (EAT) has said”
OUT-LAW.com, 29th January 2009
Source: www.out-law.com
Persche v Finanzamt Lüdenscheid – WLR Daily
Persche v Finanzamt Lüdenscheid (Case C-318/07); [2009] WLR (D) 27
“It was contrary to Community law to refuse income tax deductibility for a donation to a charity established in another member state where it was allowed in the case of charities established in the taxpayer’s state and the taxpayer had no opportunity to show that the donation satisfied the legislative requirements for the grant of deductibility.”
WLR Daily, 28th January 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.
Austin v Commissioner of Police of the Metropolis – WLR Daily
Austin v Commissioner of Police of the Metropolis [2009] UKHL 5; [2009] WLR (D) 26
“Demonstrators who had been confined within a police cordon for several hours did not suffer a violation of their right to liberty guaranteed by art 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms as scheduled to the Human Rights Act 1998 if the cordon was part of the crowd control measures adopted by the police in order to prevent a breach of public order, and the measures were not arbitrary but were resorted to in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”
WLR Daily, 28th January 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.
Austin v Commissioner of Police of the Metropolis – Times Law Reports
Austin v Commissioner of Police of the Metropolis
House of Lords
“Crowd control measures adopted by police in order to prevent a breach of public order, which resulted in several thousand people being confined within a police cordon for several hours, did not amount to a violation of the right to liberty if the measures were used in good faith, were proportionate and were enforced for no longer than was reasonably necessary.”
The Times, 29th January 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.
Changing the face of human rights – Ministry of Justice
“Jack Straw has given the keynote speech at the annual conference of the British Institute of Human Rights.”
Ministry of Justice, 28th January 2009
Source: www.justice.gov.uk
