Cash demand over ‘porn downloads’ – BBC News
“Thousands of internet users have been told they’ll be taken to court unless they pay hundreds of pounds for illegally downloading and sharing hardcore porn movies.”
BBC News, 5th December 2008
Source: www.bbc.co.uk
Law firm bypasses banks to protect partners’ payouts – The Times
“A leading UK law firm has paid its partners £12 million in profits ahead of schedule because it believes that the money will be safer in private rather than corporate bank accounts.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
Dog walker receives £2.7 million compensation after being hit by car – Daily Telegraph
“A businesswoman who suffered brain damage after being hit by a car on a zebra crossing has won £2.75 million in compensation.”
Daily Telegraph, 4th December 2008
Source: www.telegraph.co.uk
DNA murderer in sentence appeal – BBC News
“The first person in the world to be convicted on the basis of DNA evidence has been given permission to challenge his sentence.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
Couple fight back after children taken into care in ‘terrible miscarriage of justice’ – Daily Telegraph
“A couple who had their three children forcibly adopted after being accused of abuse are the victims of a ‘terrible miscarriage of justice’, a court heard.”
Daily Telegraph, 4th December 2008
Source: www.telegraph.co.uk
Police are ordered to destroy all DNA samples taken from innocent people – The Times
“More than 1.6 million DNA and fingerprint samples of innocent people on police databases must be destroyed after a court ruled yesterday that keeping them breaches human rights.”
The Times, 5th December 2008
Source: www.timesonline.co.uk
Mother’s campaign changes the law – BBC News
“A Dorset mother forced to wait 18 months to bury her two-year-old son has been celebrating after her six-year campaign led to a change in the law.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
Held asylum seeker given £38,000 – BBC News
“An African asylum seeker who fled her homeland after being tortured and raped has been awarded £38,000 after a judge ruled her detention ‘unlawful’.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
Mother guilty over Shannon kidnap – BBC News
“The mother of Shannon Matthews has been found guilty of charges relating to her daughter’s disappearance.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
DNA database innocents win landmark European court ruling – Daily Telegraph
“Two men from Sheffield, South Yorkshire, who were previously cleared of criminal charges, have won a major victory after the European Court of Human Rights ruled keeping their DNA on the British police database breached their human rights.”
Daily Telegrap, 4th December 2008
Source: www.telegraph.co.uk
Recent Statutory Instruments – OPSI
The Legal Services Act 2007 (Functions of a Designated Regulator) Order 2008
The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 10) Order 2008
The Definition of Financial Instrument Order 2008
The Financial Assistance Scheme (Amendment) Regulations 2008
The Takeover Code (Concert Parties) Regulations 2008
The Occupational Pensions (Revaluation) Order 2008
The Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008
Source: www.opsi.gov.uk
BAILII : Recent Decisions
High Court (Queen’s Bench Division)
Gorecia & Ors v Somani & Ors [2008] EWHC 2970 (QB) (03 December 2008)
Source: www.bailli.org
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th December 2008
Source: www.lawreports.co.uk
R (DB) v Nottinghamshire Healthcare NHS Trust – WLR Daily
R (DB) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354; [2008] WLR (D) 375
“The effect of an order for the admission and detention of an offender in a hospital, within s 37 of the Mental Health Act 1983, was limited by s 40 to the period of 28 days from the date of the making of the order. A subsequent amendment of the order did not authorise admission after the 28-day period in the original order.”
WLR Daily, 3rd 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.
R v A – WLR Daily
R v A [2008] EWCA Crim 2908; [2008] WLR (D) 374
“The expression ‘new and compelling evidence … in relation to the qualifying offence’ in s 78(1) of the Criminal Justice Act 2003 was not restricted to further evidence either from an individual who suggested that the defendant had admitted after the trial that he was guilty of the offence or from newly emerging witnesses who said that they had heard or seen something at the time which directly supported the relevant complaint.”
WLR Daily, 3rd 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.
Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports
Kaczmarek v Secretary of State for Work and Pensions
Court of Appeal
“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”
The Times, 4th 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.
Attorney-General’s Reference (No 55 of 2008) – Times Law Reports
Attorney-General’s Reference (No 55 of 2008)
Court of Appeal, Criminal Division
“Recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment, untrammeled by artificial constraints, as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established.”
The Times, 4th 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.
Costs, targets, paperwork: why the system fails children at risk – The Times
“Ed Balls moved swiftly to remove Sharon Shoesmith from her post, and states that every local council must learn the lessons of Baby P’s death. But in many ways, Shoesmith was the perfect children’s director for the new-look Department for Children, Schools and Families.”
The Times, 4th December 2008
Source: www.timesonline.co.uk
Government cracks down on irresponsible drinking – Home Office
“A ban on ‘all you can drink’ promotions in pubs and bars has been announced by the Home Secretary Jacqui Smith and Health Secretary Alan Johnson.”
Home Office, 3rd December 2008
Source: www.homeoffice.gov.uk