Current Awareness

R (Shields) v Secretary of State for Justice [2008] EWHC 3102 (Admin); [2008] WLR (D) 398

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Shields) v Secretary of State for Justice – WLR Daily

Posted December 19th, 2008 in law reports, pardons, royal prerogative by sally

“The Secretary of State for Justice had power to consider exercising the royal prerogative of mercy to grant a free pardon in respect of a person convicted and sentenced by a foreign court but transferred to the United Kingdom to serve his sentence and was not constrained from doing so by the provision in art 13 of the Convention on the Transfer of Sentenced Persons 1983 that ‘the sentencing state alone shall have the right to decided on any application for a review of the judgment’.”

WLR Daily, 18th December 2008

Banks v Kingston upon Thames Royal Borough Council [2008] EWCA Civ 1443; [2008] WLR (D) 397

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Banks v Kingston upon Thames Royal Borough Council – WLR Daily

Posted December 19th, 2008 in homelessness, housing, law reports by sally

“A purposive interpretation should be given to reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 to ensure that, where a reviewing officer was minded to confirm a decision on different grounds, the applicant should be given an opportunity to make representations.”

WLR Daily, 18th December 2008

Clark v Clark Construction Initiatives Ltd and another [2008] EWCA Civ 1446; [2008] WLR (D) 396

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Clark v Clark Construction Initiatives Ltd and another – WLR Daily

Posted December 19th, 2008 in judgments, law reports, reasons by sally

“The universal obligation of judicial tribunals to give reasons which were candid, intelligible, transparent and coherent were qualities which litigants and the public were entitled to expect in all reasoned judgments. Transparency meant that properly drawn reasons should make it possible for the reader to find sources especially, but not only, sources of law, which were referred to but not recited in the judgment.”

WLR Daily, 18th December 2008

Moriarty and another v Atkinson and others; [2008] WLR (D) 395

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Moriarty and another v Atkinson and others – WLR Daily

Posted December 19th, 2008 in breach of trust, client accounts, law reports by sally

“Although a company had been in breach of trust in paying clients’ money into a current account when it had agreed to hold the money in a client account, that breach of trust had occurred before the money could become part of a trust fund so that the clients had no proprietary claim in respect of it.”

WLR Daily, 18th December 2008

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust [2008] EWCA Civ 1424; [2008] WLR (D) 394

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Egan v Central Manchester and Manchester Children’s University Hospitals NHS Trust – WLR Daily

Posted December 19th, 2008 in burden of proof, health & safety, law reports by sally

“Once an employee had shown that a manual handling operation at work carried some risk of injury, for the purposes of reg 4(1)(b) of the Manual Handling Operations Regulations 1992, the burden of proof was on the employer to prove that it had taken appropriate steps to reduce the risk to the lowest level reasonably practicable, under reg 4(1)(b)(ii).”

WLR Daily, 18th December 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Management of cases from the Organised Crime Division of the Crown Prosecution Service – Judiciary of England and Wales

Posted December 19th, 2008 in case management, Crown Prosecution Service, press releases by sally

“A Protocol issued by the senior presiding judge.”

Judiciary of England and Wales, 18th December 2008

Source: www.judiciary.gov.uk

Putting people first – Home Office

Posted December 19th, 2008 in bills, police, press releases by sally

“The new policing and crime bill is designed to keep you safer and to increase police accountability.”

Home Office, 18th December 2008

Source: www.homeoffice.gov.uk

UK work restrictions continue for Bulgarians and Romanians – UK Border Agency

Posted December 19th, 2008 in employment, immigration, press releases by sally

“Bulgarians and Romanians will not get free access to the British labour market, the Government announced today.”

UK Border Agency, 18th December 2008

Source: www.ukba.homeoffice.gov.uk

Family Lawyers Voice Concern at Plans to Reform Legal Support for Vulnerable Women and Children – The Bar Council

Posted December 19th, 2008 in advocacy, family courts, fees, press releases by sally

“The Bar Council and the Family Law Bar Association have expressed concern over plans, announced by the Ministry of Justice, to roll up payments to barristers and solicitors into a single advocacy fee, putting at risk effective access to justice for those who need most protection.”

The Bar Council, 19th December 2008

Source: www.barcouncil.org.uk

Transferred signature cannot count as document approval, says High Court – OUT-LAW.com

Posted December 19th, 2008 in contracts, news by sally

“A client’s signature on one document cannot be transferred to another and taken as approval of that second document, the High Court has said. Lawyers must ensure that the formalities of deeds and contracts are observed, said the Court’s ruling.”

OUT-LAW.com, 19th December 2008

Source: www.out-law.com

OAP fined £1,000 for road deaths – BBC News

Posted December 19th, 2008 in dangerous driving, fines, news, sentencing by sally

“An 81-year-old motorist who admitted killing two elderly women by knocking them down as they crossed the road near their home has been fined £1,000.”

BBC News, 18th December 2008

Source: www.bbc,co.uk

Man jailed for car crash deaths – BBC News

Posted December 19th, 2008 in dangerous driving, news, sentencing by sally

“A man has been jailed for three years for killing a couple in a car crash.”

BBC News, 18th December 2008

Source: www.bbc.co.uk

Beatle associate can sue over ‘charlatan’ claim, says High Court – OUT-LAW.com

Posted December 19th, 2008 in defamation, internet, news by sally

“A former associate of The Beatles has won the right to sue in England over a New York Times article which called him a charlatan. Because the article was published online the case should go ahead, the High Court has said.”

OUT-LAW.com, 18th December 2008

Source: www.out-law.com

IPO sticks to four-step software patent test – OUT-LAW.com

Posted December 19th, 2008 in computer programs, news, patents by sally

“The UK’s Intellectual Property Office (IPO) will still use a previously formulated test on software patents despite a court ruling which many took to be critical of its approach.”

OUT-LAW.com, 18th December 2008

Source: www.out-law.com

Ice-pick attack stalker is jailed – BBC News

Posted December 19th, 2008 in grievous bodily harm, harassment, news, sentencing by sally

“A stalker who attacked a woman with an ice pick because he thought she was a witch has been jailed.”

BBC News, 18th December 2008

Source: www.bbc.co.uk

Woman loses post office legal bid – BBC News

Posted December 19th, 2008 in disability discrimination, news, postal service by sally

“A pensioner who went to the High Court claiming government moves to close post offices discriminated against disabled people has lost her fight.”

BBC News, 18th December 2008

Source: www.bbc.co.uk

Theme park fined £250,000 over ride death – The Independent

Posted December 19th, 2008 in fines, health & safety, news by sally

“The distraught family of the teenager who fell to her death from a white-knuckle ride condemned a £250,000 fine for the company running the theme park today as ‘far too little’.”

The Independent, 18th December 2008

Source: www.independent.co.uk

Pc jailed over blackmail attempts – BBC News

Posted December 19th, 2008 in blackmail, news, police by sally

“A former Metropolitan Police officer has been sentenced to six years in prison for blackmailing 11 sex offenders and suspected criminals.”