Current Awareness

“The recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established. Such a sentence remained an important sentencing alternative but the court was entitled to consider all the alternative and cumulative methods of providing proper protection for the public against the risk posed by the individual offender.”

WLR Daily, 27th November 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.

Kay v Commissioner of Police of the Metropolis – WLR Daily

Posted November 28th, 2008 in law reports, police, public order, roads by sally

Kay v Commissioner of Police of the Metropolis [2008] UKHL 69; [2008] WLR (D) 00; [2008] WLR (D) 369

“A procession could be ‘commonly or customarily held’, so as to be exempt from the requirement to give advance notice to the police under s 11 of the Public Order Act 1986, even though on each occasion it took a different route.”

WLR Daily, 27th November 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.

R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) – WLR Daily

Posted November 28th, 2008 in human rights, inquiries, law reports, prisons by sally

R (L) v Secretary of State for Justice (Equality and Human Rights Commission intervening) [2008] UKHL 68; [2008] WLR (D) 368

“Where a prisoner attempted to commit suicide and sustained incapacitating long-term injury the state was obliged to institute an independent initial investigation which complied with art 2 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 27th November 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) (Non-Accidental Injury: Burden of Proof) – WLR Daily

Posted November 28th, 2008 in burden of proof, child abuse, judgments, law reports, reasons by sally

In re M (A Child) (Non-Accidental Injury: Burden of Proof) [2008] EWCA Civ 1261; [2008] WLR (D) 367

“After a judge had given judgment counsel had a positive duty to raise with the judge not just any alleged deficiency in the judge’s reasoning process but any genuine query or ambiguity which arose on the judgment.”

WLR Daily, 27th November 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.

Admiral Taverns (Cygnet) Ltd v Daniel and another – WLR Daily

Posted November 28th, 2008 in housing, law reports, stay of execution by sally

Admiral Taverns (Cygnet) Ltd v Daniel and another; [2008] WLR (D) 366

“An appellate court had jurisdiction to stay the execution of a warrant of possession pursuant to s 89 of the Housing Act 1980.”

WLR Daily, 26th November 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.

Salsbury v Law Society – WLR Daily

Posted November 28th, 2008 in disciplinary procedures, human rights, law reports, solicitors, tribunals by sally

Salsbury v Law Society [2008] EWCA Civ 1285; [2008] WLR (D) 365

“The Solicitors Disciplinary Tribunal must now take into account the rights of the solicitor under arts 6 and 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. It was an overstatement to say that a ‘very strong case’ was required before the High Court would interfere with a sentence imposed by the tribunal but, absent any error of law, the High Court must pay considerable respect to the sentencing decisions of the tribunal.”

WLR Daily, 26th November 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.

Daily Cause List, 28th November 2008

Posted November 28th, 2008 in news by sally

Friday 28th November 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s list will be accessible.

Legal clients ‘can save money and get better service’ by using the Bar directly – The Bar Council

Posted November 28th, 2008 in barristers, legal services, press releases by sally

“Consumers of legal services can save money and enjoy services better tailored to their needs if, in suitable cases, they go straight to a barrister for help. That is the main message arising from a day of activities happening today alongside the publication of a new study of the benefits of direct access to the Bar.”

Full press release

The Bar Council, 27th November 2008

Source: www.barcouncil.org.uk

Instructor jailed over sex abuse – BBC News

Posted November 28th, 2008 in child abuse, news, sentencing, sexual offences by sally

“A former outdoor pursuits instructor has been jailed for three years for sex attacks on two boys and three girls.”

Full story

BBC News, 27th November 2008

Source: www.bbc.co.uk

European Commission consults on class action lawsuits – OUT-LAW.com

Posted November 28th, 2008 in class actions, EC law, news by sally

“Consumers across the European Union could be given new powers to join forces to sue a business under plans announced by the European Commission today. Class action lawsuits could be publicly funded under the proposals.”

Full story

OUT-LAW.com, 27th November 2008

Source: www.out-law.com

GP acquitted over allergy death – BBC News

Posted November 28th, 2008 in doctors, homicide, medicines, negligence, news by sally

“A former Devon GP charged with killing an elderly patient by prescribing the wrong medication has been acquitted.”

Full story

BBC News, 27th November 2008

Source: www.bbc.co.uk

‘Bloody’ is an offensive word, rules ASA – OUT-LAW.com

Posted November 28th, 2008 in advertising, news by sally

“The Sun newspaper has been ordered not to use the word ‘bloody’ on posters in future. The Advertising Standards Authority (ASA) said it was socially irresponsible to use the word in an advert that appeared in a public place.”

Full story

OUT-LAW.com, 26th November 2008

Source: www.out-law.com

Watchdog bans iPhone ad – OUT-LAW.com

Posted November 28th, 2008 in advertising, news by sally

“Apple has been told not to repeat a TV advert for its iPhone 3G mobile phone. The Advertising Standards Authority (ASA) said the ad was misleading because it implied that users would enjoy faster download speeds than the device actually achieves.”

Full story

OUT-LAW.com, 26th November 2008

Source: www.out-law.com

Life sentence for doorstep murder – BBC News

Posted November 28th, 2008 in murder, news, sentencing by sally

“A man has been sentenced to life in prison for stabbing an Afghan immigrant to death outside his house in Oxford.”

Full story

BBC News, 27th November 2008

Source: www.bbc.co.uk

Addict jailed for Poppy tin theft – BBC News

Posted November 28th, 2008 in commemorations, news, sentencing, theft by sally

“A man caught on CCTV stealing a Poppy Appeal tin from a shop counter on Remembrance Sunday has been jailed for a year.”

Full story

BBC News, 27th November 2008

Source: www.bbc.co.uk

‘Undercover’ NHS as tribunal throws out allegations against nurse who filmed ward – Daily Telegraph

Posted November 28th, 2008 in hospitals, news, nurses, whistleblowers by sally

“Doctors and nurses have effectively been told they can film undercover in the NHS, after an industrial tribunal threw out allegations against a nurse who exposed neglect on a ward.”

Full story

Daily Telegraph, 28th November 2008

Source: www.telegraph.co.uk