Teacher jailed for manslaughter – BBC News
“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.”
BBC News, 16th December 2008
Source: www.bbc.co.uk
Iraqi doctor found guilty of Glasgow airport bomb plot – The Times
“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.”
The Times, 16th December 2008
Source: www.timesonline.co.uk
Sean Mercer guilty of murdering Rhys Jones – The Times
“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.”
The Times, 16th December 2008
Source: www.timesonline.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Underwood v HM Revenue & Customs [2008] EWCA Civ 1423 (15 December 2008)
Source: www.bailii.org
R v Winters – WLR Daily
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
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.
Morshead Mansions Ltd v Di Marco – WLR Daily
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
“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
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.
Regina v Chargot and Others – Times Law Reports
House of Lords
“In criminal proceedings against an employer after an accident ot work, it was sufficient for the prosecution to prove merely a risk of injury arising from a state of affairs at work, without identifying and proving specific breaches of duty by the employer. Once that was done, a prima facie case of breach was established. The onus then passed to the employer to make good the defence of reasonable practicability.”
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
Young black people and the criminal justice system – first annual report – Ministry of Justice
“The Home Affairs Select Committee published on 15 June 2007 the report of its inquiry ‘Young Black People and the Criminal Justice System’, which considered how to tackle the over-representation of young black people in the criminal justice system. The government published its formal response on 18 October 2007. Detailed proposals for the delivery of improved outcomes for young black people were published on 13 December 2007, which set out the governance and reporting arrangements for delivering the government’s commitments. One of the commitments made was to provide the committee with an annual report of progress in each year up to 2011. This is the first annual report.”
Ministry of Justice, 16th December 2008
Source: www.justice.gov.uk
Approach to restraint of young people to be overhauled following independent review – Ministry of Justice
“The approach to the restraint of young people in young offender institutions, secure training centres and secure children’s homes (under-18 secure estates) is to be overhauled, the government announced today. ”
Ministry of Justice, 15th December 2008
Source: www.justice.gov.uk
Veil of secrecy on family courts to be lifted, Jack Straw to announce – Daily Telegraph
“The veil of secrecy surrounding care proceedings and the family courts will finally be lifted, Justice Secretary Jack Straw is expected to announce.”
Daily Telegraph, 16th December 2008
Source: www.telegraph.co.uk
Guy Ritchie gets £50m from Madonna in divorce settlement – The Times
“Guy Ritchie will receive almost £50 million in cash and property in what may be the largest divorce settlement paid to a man, a spokeswoman for his former wife, Madonna, said last night. The film director and the pop singer were granted a divorce settlement in the High Court last month.”
The Times, 16th December 2008
Source: www.timesonline.co.uk
Town halls banned from using spy laws for petty offences – Daily Telegraph
“Town halls are to be banned from using anti-terror laws to spy on the public for petty offences, the Home Secretary is due to announce.”
Daily Telegraph, 16th December 2008
Source: www.bbc.co.uk
Controversial restraint technique linked to death of child in custody banned – Daily Telegraph
“A controversial restraint technique linked to the death of a child in custody has been banned as the Government announced a major overhaul of control methods in youth detention.”
Daily Telegraph, 15th December 2008
Source: www.telegraph.co.uk
