Suspended sentence for DJ Kershaw – BBC News

Posted December 17th, 2008 in harassment, news, restraining orders, sentencing by sally

“DJ Andy Kershaw has been given a suspended six-month prison sentence after breaching a restraining order banning him contacting his ex-partner.”

Full story 

BBC News, 16th December 2008

Source: www.bbc.co.uk

Britain wins battle for the pint – BBC News

Posted December 17th, 2008 in EC law, news, weights and measures by sally

“Amid the economic gloom, UK drinkers have found a measure of good news – the pint will not have to be renamed. Decades of wrangling with the EU over switching to metric measures has ended with a vote confirming that imperial measures can carry on indefinitely.”

Full story 

BBC News, 16th December 2008

Source: www.bbc.co.uk

Senior policeman launches Scotland Yard race bias case – The Guardian

Posted December 17th, 2008 in news, police, race discrimination by sally

“A senior Scotland Yard commander will launch his claim of racial discrimination against the Metropolitan Police today.”

Full story

The Guardian, 17th December 2008

Source: www.guardian.co.uk

Ad watchdog bans poster for movie Righteous Kill due to de Menezes link – The Guardian

Posted December 17th, 2008 in advertising, news by sally

“An advert for the Robert de Niro and ­Al Pacino police thriller Righteous Kill, which used the line ‘there’s nothing wrong with a little shooting as long as the right people get shot’, was criticised by a watchdog for running ­during the inquest into the police shooting of Jean Charles de Menezes.”

Full story

The Guardian, 17th December 2008

Source: www.guardian.co.uk

Family courts to be opened up to greater scrutiny – Ministry of Justice

Posted December 17th, 2008 in family courts, media, press releases by sally

“Family court hearings are for the first time to be opened to accredited media, Justice Secretary Jack Straw announced today, in an oral statement in the House of Commons.”

Full press release

Ministry of Justice, 16th December 2008

Source: www.justice.gov.uk

‘Access all areas’ for media so justice is seen to be done – The Times

Posted December 17th, 2008 in family courts, media, news by sally

“The secrecy of the family courts – in which nearly 95,000 cases are heard in private each year – is to end under reforms announced yesterday that will allow the media access to all levels of the system. The move could mean that social workers and expert witnesses who fail children, and now enjoy the protection of anonymity, will in future be named publicly when criticised by judges.”

Full story

The Times, 17th December 2008

Source: www.timesonline.co.uk

Rhys Jones died because of your brutality and cowardice, judge tells killer – The Times

Posted December 17th, 2008 in murder, news, sentencing, young offenders by sally

“The teenage killer of Rhys Jones was jailed for a minimum of 22 years yesterday by a judge who expressed his disgust at the murderer’s ‘brutality’ and ‘cowardice’.”

Full story

The Times, 17th December 2008

Source: www.timesonline.co.uk

Juror escapes prosecution for posting court trial details on Facebook – Daily Telegraph

Posted December 16th, 2008 in contempt of court, juries, news by sally

“A juror who faced jail after posting details of a trial on Facebook is to escape court action.”

Full story

Daily Telegraph, 16th December 2008

Source: www.telegraph.co.uk

Teacher jailed for manslaughter – BBC News

Posted December 16th, 2008 in homicide, news, sentencing by sally

“A primary school teacher who struck his son-in-law with a cricket bat as he tried to defend his daughter has been jailed for manslaughter.”

Full story 

BBC News, 16th December 2008

Source: www.bbc.co.uk

Iraqi doctor found guilty of Glasgow airport bomb plot – The Times

Posted December 16th, 2008 in conspiracy, murder, news, terrorism by sally

“An NHS doctor who waged a terrorist car-bomb campaign intended to kill and maim hundreds of people in London and Glasgow has been found guilty of conspiracy to murder.”

Full story 

The Times, 16th December 2008

Source: www.timesonline.co.uk

Sean Mercer guilty of murdering Rhys Jones – The Times

Posted December 16th, 2008 in murder, news, young offenders by sally

“A teenage gangster has been found guilty of murdering Rhys Jones, an 11-year-old schoolboy who was shot dead as he walked home from football practice last year.”

Full story

The Times, 16th December 2008

Source: www.timesonline.co.uk

Bar Council chair hits out at Govt’s in-house push – The Lawyer

Posted December 16th, 2008 in advocacy, barristers, Crown Prosecution Service, news by sally

“Incoming Bar Council chair Desmond Browne QC has said that the Government’s plan to increase in-house advocacy will have a ­detrimental effect on the self-employed bar.”

Full story

The Lawyer, 15th December 2008

Source: www.thelawyer.com

BAILII: Recent Decisions

Posted December 16th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Underwood v HM Revenue & Customs [2008] EWCA Civ 1423 (15 December 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 16th, 2008 in legislation by sally

R v Winters – WLR Daily

Posted December 16th, 2008 in confiscation, drug trafficking, law reports by sally

R v Winters:[2008] EWCA Crim 2953; [2008] WLR (D) 387

For the purpose of making the required assumptions in relation to determining whether the defendant had benefited from drug trafficking, the Crown was required to prove on the balance of probabilities that expenditure on mortgage payments was incurred by the defendant out of payments received by him in connection with his drug trafficking. Prima facie evidence that the defendant had incurred such expenditure was insufficient.”

WLR Daily, 15th December 2008

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.


Savage v South Essex Partnership NHS Foundation Trust – WLR Daily

Posted December 16th, 2008 in hospitals, human rights, law reports, mental health, suicide by sally

Savage v South Essex Partnership NHS Foundation Trust [2008] UKHL 74; [2008] WLR (D) 386

Where there was a real and immediate risk of a patient detained in a mental hospital committing suicide, art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998, imposed an operational obligation on the medical authorities to do all that could reasonably be expected of them to prevent him doing so.”

WLR Daily, 15th December 2008

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.

Myerson v Myerson – WLR Daily

Posted December 16th, 2008 in consent orders, divorce, financial dispute resolution, law reports by sally

Myerson v Myerson; [2008] WLR (D) 385

A judge who had made an order, by consent, at the conclusion of a successful financial dispute resolution, could not then decide subsidiary issues on which the parties had subsequently failed to reach agreement.”

WLR Daily, 15th December 2008

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.

Morshead Mansions Ltd v Di Marco – WLR Daily

Posted December 16th, 2008 in landlord & tenant, law reports, leases, service charges by sally

Morshead Mansions Ltd v Di Marco [2008] EWCA Civ 1371; [2008] WLR (D) 384

There was a distinction between the liability of a tenant to pay a service charge to the landlord under the terms of a lease, which was limited by s 18 of the Landlord and Tenant Act 1985, and the liability of the members of a company landlord, in which all the tenants were shareholders, to the company under separate contracts made in and pursuant to the articles of association, to establish and recover contributions to a recovery fund.”

WLR Daily, 15th December 2008

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.

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening) – WLR daily

Posted December 16th, 2008 in costs, fees, law reports, personal injuries, solicitors by sally

Jones v Attrill; Hibberd v Michael Jane Hair & Beauty; Tankard v John Fredericks Plastics Ltd (Law Society intervening)[2008] EWCA Civ 1375; [2008] WLR (D) 383

The purpose of reg 4(2)(e)(ii) of the Conditional Fee Agreement Regulations 2000 was to ensure that a solicitor acted and gave advice independently of his own interest. To determine whether, for the purposes of that regulation, a solicitor had an interest in recommending a particular insurance contract to his client, the test was whether a reasonable person with knowledge of the relevant facts would think that the existence of the interest might affect the advice given by the solicitor to his client, and if so, the interest should be disclosed.”

WLR Daily, 15th December 2008

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 M (a Child) (Nonaccidental injury: Burden of proof) – Times Law Reports

Posted December 16th, 2008 in judgments, law reports, reasons by sally

In re M (a Child) (Nonaccidental injury: Burden of proof)

Court of Appeal

“Counsel had a positive duty to raise with the judge not only any alleged deficiency in the judge’s reasoning but also any genuine query or ambiguity which arose on the judgment.”

The Times, 16th December 2008

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.