Current Awareness

“The British Government has been told to postpone extradition of Abu Hamza until a ruling on whether sending him to a maximum security US jail would breach his human rights.”

Full story

Daily Telegraph, 5th August 2008

Source: www.telegraph.co.uk

Practice Direction (Court Dress) (No 5) – WLR Daily

Posted August 5th, 2008 in court dress, law reports, practice directions by sally

Practice Direction (Court Dress) (No 5); [2008] WLR (D) 285

“A new civil robe, to be worn without a wig, would be introduced for judges in civil cases from 1 October 2008.”

WLR Daily, 4th August 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.

Regina (A) v Director of Establishments of the Security Service – Times Law Reports

Posted August 5th, 2008 in human rights, investigatory powers, jurisdiction, law reports, tribunals by sally

Regina (A) v Director of Establishments of the Security Service

Queen’s Bench Division

“The Investigatory Powers Tribunal did not have exclusive jurisdiction where a claim that a public authority proposed to act in a way incompatible with the European Convention on Human Rights brought up matters within its purview.”

The Times, 5th August 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.

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another – Times Law Reports

Posted August 5th, 2008 in animals, disclosure, experiments, freedom of information, law reports by sally

Secretary of State for the Home Department v British Union for the Abolition of Vivisection and Another

Court of Appeal

“Information supplied by applicants for animal experiment licences was exempt from disclosure under freedom of information provisions if the official in possession of the information knew or had reasonable grounds for believing that it was given in confidence.”

The Times, 5th August 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.

City lawyer fired over strip club ‘harassment’ – Daily Telegraph

Posted August 5th, 2008 in news by sally

“A lawyer at a leading City law firm has been fired after an intern lodged a complaint that he sexually harassed her at a West End strip club.”

Full story

Daily Telegraph, 5th August 2008

Source: www.telegraph.co.uk

Terrorism: Lords say 42-day law will put fair trials at risk – The Guardian

Posted August 5th, 2008 in news by sally

“The government’s ’42 days’ counter-terror legislation faces fresh criticism today, with peers warning that a ‘quasi-judicial’ role for parliament to debate each use of the new detention powers risks undermining the independence of judges and the chances of a fair trial for suspects.”

Full story

The Guardian, 5th August 2008

Source: www.guardian.co.uk

Web firms should screen content, says Parliamentary committee – OUT-Law.com

Posted August 5th, 2008 in news by sally

“Websites which accept user-generated content should do more to screen out content that might be harmful to the public, a Parliamentary committee has warned. Sites should also publish prominent terms and conditions banning harmful content, it said.”

Full story

OUT-LAW.com, 4th August 2008

Source: www.out-law.com

Recent Statutory Instruments – OPSI

Posted August 4th, 2008 in legislation by sally

The Commons Registration (England) Regulations 2008

The Milk and Milk Products (Pupils in Educational Establishments) (England) Regulations 2008

The Non-Road Mobile Machinery (Emission of Gaseous and Particulate Pollutants) (Amendment) Regulations 2008

The Tractor etc (EC Type-Approval) (Amendment) Regulations 2008

The Crossrail (Nomination) Order 2008

The Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2008

The Legal Officers (Annual Fees) Order 2008

The Immigration (Supply of Information to the Secretary of State for Immigration Purposes) Order 2008

The Payments to the Churches Conservation Trust Order 2008

Source: www.opsi.gov.uk

UBS wins injunction to stop ex-staff poaching clients – The Times

Posted August 4th, 2008 in news by sally

“UBS today won the first stage of a legal fight to stop former employees from poaching its investment clients or the bank’s staff.”

Full story

The Times, 4th August 2008

Source: www.timesonline.co.uk

Judge Graham Cottle advocates zero tolerance on drunken criminals – Daily Telegraph

Posted August 4th, 2008 in news by sally

“One of the country’s most experienced judges has said he is taking a near ‘zero tolerance’ approach to Britain’s binge drinking culture, warning that he is locking up first offenders involved in drunken criminality.”

Full story

Daily Telegraph, 4th August 2008

Source: www.telegraph.co.uk

Recent Statutory Instruments – OPSI

Posted August 4th, 2008 in legislation by sally

The Ministry of Defence Police Appeal Tribunals (Amendment) Regulations 2008

The Vehicle Drivers (Certificates of Professional Competence) (Amendment) (No. 2) Regulations 2008

The London Waste and Recycling Board Order 2008

The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008

The Greater London Authority Act 2007 (Commencement No.5) Order 2008

The Designation of Rural Primary Schools (England) Order 2008

The Crossrail (Qualifying Authorities) Order 2008

Source: www.opsi.gov.uk

Rapist and lottery winner Iorworth Hoare in legal bid for his money – Daily Telegraph

Posted August 4th, 2008 in news by sally

“Iorworth Hoare, the convicted rapist who won £7.2 million on the lottery, is fighting for full access to his money so that he can emigrate to France, it has been reported.”

Full story

Daily Telegraph, 4th August 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted August 4th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Laku, R v [2008] EWCA Crim 1745 (16 July 2008)

Wilson, R v [2008] EWCA Crim 1754 (15 July 2008)

Sivaraman, R. v [2008] EWCA Crim 1736 (24 July 2008)

Islam, R v [2008] EWCA Crim 1740 (31 July 2008)

Court of Appeal (Civil Division)

Perry & Anor v Harris (A Minor) [2008] EWCA Civ 907 (31 July 2008)

Jirehouse Capital & Anor v Beller & Anor [2008] EWCA Civ 908 (30 July 2008)

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 (31 July 2008)

XY (Iran) v Secretary of State for the Home Department [2008] EWCA Civ 911 (31 July 2008)

Field v British Coal Corporation [2008] EWCA Civ 912 (31 July 2008)

Platform Funding Ltd v Bank of Scotland Plc (Formerly Halifax Plc) [2008] EWCA Civ 930 (31 July 2008)

Greenweb Ltd v London Borough of Wandsworth [2008] EWCA Civ 910 (31 July 2008)

High Court (Queen’s Bench Division)

Roberts v Nottinghamshire Healthcare NHS Trust [2008] EWHC 1934 (QB) (01 August 2008)

Kulkarni v Milton Keynes Hospital NHS Trust [2008] EWHC 1861 (QB) (01 August 2008)

Ul-Haq & Ors v Shah [2008] EWHC 1896 (QB) (31 July 2008)

Berezovsky v Russian Television & Radio Broadcasting Company & Anor [2008] EWHC 1918 (QB) (31 July 2008)

High Court (Chancery Division)

Lucasfilm Ltd & Ors v Ainsworth & Anor [2008] EWHC 1878 (Ch) (31 July 2008)

Financial Services Compensation Scheme Ltd v Abbey National Treasury Services Plc [2008] EWHC 1897 (Ch) (31 July 2008)

Prudential Plc v HM Revenue & Customs [2008] EWHC 1839 (Ch) (31 July 2008)

High Court (Family Division)

SW v SW & Anor [2008] EWHC 1890 (Fam) (31 July 2008)

Z County Council v TS & Ors [2008] EWHC 1773 (Fam) (25 July 2008)

High Court (Administrative Division)

AV & AU v Secretary of State for the Home Department [2008] EWHC 1895 (Admin) (31 July 2008)

High Court (Technology and Construction Court)

Nicolle & Anor v Saunders Morgan Harris Ltd [2008] EWHC 1518 (TCC) (02 July 2008)

High Court (Commercial Court)

Seagate Shipping Ltd v Glencore International AG [2008] EWHC 1904 (Comm) (31 July 2008)

High Court (Patents Court)

Re Council Regulation (EEC) No 1768/92 [2008] EWHC 1902 (Pat) (31 July 2008)

Eli Lilly & Company v Human Genome Sciences Inc [2008] EWHC 1903 (Pat) (31 July 2008)

Source: www.bailii.org

Magistrates’ Court Sentencing Guidelines – knife crime – Sentencing Guidelines Council

Posted August 4th, 2008 in news by sally

“The Sentencing Guidelines Council published the definitive guidelines (in May 2008) which are implemented from 4th August 2008. Significant attention has been paid to the guideline for sentencing adult offenders convicted of possessing a bladed article or offensive weapon ahead of it coming into effect as a result of the current focus on violent crimes involving knives.

The attached note sets out the effect of the guideline, which is not limited to knives, and the recent Court of Appeal decision in Povey [2008] EWCA Crim 1261 which recommended that the guideline be applied in a particular way given current prevalence concerns. Further notification will follow when courts should revert to the approach in the guideline as published.”

Magistrates’ Court Sentencing Guidelines – knife crime (PDF)

Sentencing Guidelines Council, 4th August 2008

Source: www.sentencing-guidelines.gov.uk

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police – WLR Daily

Posted August 4th, 2008 in duty of care, law reports, police, witnesses by sally

Van Colle and another v Chief Constable of the Hertfordshire Police; Smith v Chief Constable of Sussex Police [2008] UKHL 50; [2008] WLR (D) 284

“The test for considering whether the state had violated its obligation to protect life under art 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms was stringent and remained constant; no lower standard applied where the threat to an individual’s life arose from the state’s decision to call him as a witness.”

WLR Daily, 31st July 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.

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) – WLR Daily

Posted August 4th, 2008 in contracts, law reports, surveyors, valuation by sally

Platform Funding Ltd v Bank of Scotland plc (formerly Halifax plc) [2008] EWCA Civ 930; [2008] WLR (D) 283

“A surveyor, instructed by a mortgage lender to value the property offered by the borrower as security for a loan, who certified that the property had been inspected and a fair valuation given, was liable in damages to the mortgage lender for losses suffered as a result of having valued the wrong property in breach of an unqualified obligation to inspect the specified property.”

WLR Daily, 1st August 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.

Irwin Mitchell v Revenue and Customs Prosecutions and another – WLR Daily

Posted August 4th, 2008 in fees, law reports, proceeds of crime, restraint orders, solicitors by sally

Irwin Mitchell v Revenue and Customs Prosecutions and another [2008] EWCA Crim 1741; [2008] WLR (D) 282

“The purpose of a criminal restraint order was not to prevent third parties from enforcing civil rights against a defendant if those rights would be unaffected by a confiscation order which might be made against the defendant at the end of the proceedings. ”

WLR Daily, 1st August 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.

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners – WLR Daily

Posted August 4th, 2008 in capital allowances, corporation tax, law reports, warehousing by sally

Maco Door and Window Hardware (UK) Ltd v Revenue and Customs Commissioners [2008] UKHL 54; [2008] WLR (D) 281

“The expenditure on a warehouse building which was used for storage of goods which the taxpayer was in the business of importing and selling was not expenditure on an industrial building and therefore did not qualify as a capital allowance under s 18 of the Capital Allowances Act 1990.”

WLR Daily, 1st August 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.

Lifely v Lifely – WLR Daily

Posted August 4th, 2008 in admissibility, evidence, human rights, law reports by sally

Lifely v Lifely [2008] EWCA Civ 904; [2008] WLR (D) 280

“Where fresh evidence had arguably been wrongfully obtained considerations beyond the classical requirements under the Ladd v Marshall test might be appropriate when the court was considering whether such evidence should be admitted.”

WLR Daily, 1st August 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.

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