Human Rights Insight Project – Ministry of Justice

Posted January 11th, 2008 in human rights, reports by sally

“The report presents the findings from the Human Rights Insight Project, which set out to establish whether human rights could be used empirically as a tool to improve the public’s experience of public services and if so, how we in government could encourage and facilitate this.”

Full Report (PDF)

Ministry of Justice, 10th January 2008

Source: www.justice.gov.uk

Legal aid problems emerge – Law Society’s Gazette

Posted January 11th, 2008 in legal aid, news by sally

“The year started badly for legal aid lawyers, with the prospect of the general civil contract being terminated and confusion over whether police station fixed fees include VAT.”

Full story

Law Society’s Gazette, 10th January 2008

Source: www.lawgazette.co.uk

Solicitor-advocates finally put on wigs in court – Law Society’s Gazette

Posted January 11th, 2008 in court dress, news, solicitors by sally

“A Yorkshire criminal law specialist has laid claim to being the first solicitor-advocate to wear a wig in court after appearing at 10am last Wednesday at Doncaster Crown Court.”

Full story

Law Society’s Gazette, 10th January 2008

Source: www.lawgazette.co.uk

Kostic v Chaplin and Others – Times Law Reports

Posted January 11th, 2008 in costs, law reports, probate by sally

Kostic v Chaplin and Others

Chancery

“When deciding costs in a contentious probate action, the two long-established exceptions to the normal rule that costs followed the event that survived the introduction of the Civil Procedure Rules were: (i) where a testator had been the cause of the litigation, costs should come out of the estate; and (ii) where the circumstances led reasonably to an investigation of the matter, costs should be borne by both sides.”

The Times, 11th January 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.

Kingdom of Sweden v Commission of the European Communities Case – Times Law Reports

Posted January 11th, 2008 in disclosure, EC law, law reports by sally

Kingdom of Sweden v Commission of the European Communities Case C-64/05P

Court of Justice of the European Communities

“A request by an EU member state to a Community institution not to disclose to a third party documents originating from that state and held by the institution was to be regarded not as instruction with which the institution was bound to comply but as the first step in a process of inquiry as to whether one of the exceptions to disclosure set out in the Community regulation on access to documents applied.”

The Times, 11th January 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.

Pressure grows to raise ‘lenient’ 4½ -year term given to terrorist – The Times

Posted January 11th, 2008 in news, sentencing, terrorism by sally

“The Government is facing pressure from police and prosecutors to challenge the perceived leniency of a jail term imposed on a terrorist who planned to kill British troops in Afghanistan.”

Full story

The Times, 11th January 2008

Source: www.timesonline.co.uk

Gordon Brown ditches Respect agenda on youth crime – The Times

Posted January 11th, 2008 in criminal justice, news, young offenders by sally

“Tony Blair’s drive against antisocial behaviour has been scrapped by the Government.”

Full story

The Times, 11th January 2008

Source: www.timesonline.co.uk

Government piles file-sharing pressure on UK ISPs – OUT-LAW.com

Posted January 11th, 2008 in copyright, internet, news by sally

“The government turned up the heat on internet providers today, warning that laws to force disconnection of illegal filesharers are already being drafted for a parliamentary debut in November.”

Full story

OUT-LAW.com, 10th January 2008

Source: www.out-law.com

Baby death blamed on government – BBC News

Posted January 11th, 2008 in health & safety, inquests, news by sally

“An inquest jury has blamed government failures for the death of a baby who was scalded when a water tank burst above her cot.”

Full story

BBC News, 10th January 2008

Source: www.bbc.co.uk

Smith meets parents and promises to ban deactivated guns – The Guardian

Posted January 11th, 2008 in firearms, news by sally

“The home secretary, Jacqui Smith, yesterday announced plans to ban the possession of deactivated guns by the end of the year during a visit to Liverpool, where she met the parents of 11-year-old Rhys Jones, who was shot dead near his home last summer. Smith said the weapons, which can be converted back into lethal use, were ‘turning up more and more’ in gun-related crime.”

Full story

The Guardian, 11th January 2008

Source: www.guardian.co.uk

Lottery winner who took holiday instead of giving evidence is jailed – The Guardian

Posted January 11th, 2008 in contempt of court, news, witnesses by sally

“A chip shop worker who won £1m on a national lottery scratchcard in October has been jailed for contempt of court after she flew off on holiday instead of appearing as a witness in a criminal trial.”

Full story

The Guardian, 11th January 2008

Source: www.guardian.co.uk

SRA ponders test for non-lawyer partners – Legal Week

Posted January 11th, 2008 in law firms, news, partnerships by sally

“The Solicitors Regulation Authority (SRA) is to consult on plans for a ‘suitability test’ for non-lawyer partners in law firms in the wake of the Legal Services Act.”

Full story

Legal Week, 10th January 2008

Source: www.legalweek.com

MPs may lose right to set own pay – The Guardian

Posted January 11th, 2008 in news, parliament, remuneration by sally

“Ministers want to strip MPs of the right to set their own salaries, the leader of the Commons, Harriet Harman, said today.”

Full story

The Guardian, 10th January 2008

Source: www.guardian.co.uk

666 church motion doomed – The Independent

Posted January 11th, 2008 in Church of England, news, parliament by sally

“A motion calling for the disestablishment of the Church of England appeared on the House of Commons order paper today – bizarrely numbered 666, the number associated with the Antichrist.”

Full story

The Independent, 10th January 2008

Source: www.independent.co.uk

Barclays chairman loses £10,000 in identity scam – The Times

Posted January 11th, 2008 in identity fraud, news by sally

“The high-profile chairman of Barclays Bank has become the latest victim of identity fraud after a conman stole £10,000 from his personal account in a credit card scam.”

Full story

The Times, 10th January 2008

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted January 10th, 2008 in legislation by sally

The European Regional Development Fund (North East Operational Programme) (Implementation) Regulations 2007

The European Regional Development Fund (Yorkshire and the Humber Operational Programme) (Implementation) Regulations 2007

The European Regional Development Fund (West Midlands Operational Programme) (Implementation) Regulations 2007

The General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2007

The Civil Enforcement of Parking Contraventions (England) Representations and Appeals Regulations 2007

The Education (School Performance Information) (Wales) (Amendment) Regulations 2007

The Export Restrictions (Foot-and-Mouth Disease) (Wales) Regulations 2007

The Compulsory Purchase (Inquiries Procedure) Rules 2007

The Courts-Martial (Royal Navy) Rules 2007

The Immigration, Asylum and Nationality Act 2006 (Commencement No. 7) (Amendment) Order 2007The Companies (Trading Disclosures) Regulations 2008

Source: www.opsi.gov.uk

Practice Direction (Court Dress) (No 4) – WLR Daily

Posted January 10th, 2008 in court dress, practice directions by sally

Practice Direction (Court Dress) (No 4): [2007] WLR (D) 347

“Solicitors and other advocates with rights of audience have the option to wear wigs in circumstances where they would be worn by members of the Bar.”

WLR Daily, 8th January 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 Miell – WLR Daily

Posted January 10th, 2008 in evidence, law reports, perjury, retrials by sally

R v Miell [2007] EWCA Crim 3130; [2007] WLR(D) 346

“In deciding whether to quash an acquittal, the Court of Appeal (Criminal Division) had to form its own view as to whether the acquitted person’s subsequent guilty plea to perjury at his trial constituted compelling evidence that he had committed the offence charged.”

WLR Daily, 8th January 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.

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) – WLR Daily

Posted January 10th, 2008 in breach of trust, fraud, law reports by sally

Charter plc and another v City Index Ltd (Gawler and others, Pt 20 defendants) [2007] EWCA Civ 1382

“The liability of a knowing recipient of money transferred in breach of trust did not depend solely on such receipt in breach of trust but on his retaining the money or paying it away in circumstances where it was unconscionable to do so; therefore, adopting a wide view of s 1 of the Civil Liability (Contribution) Act 1978, the liability to make good the loss could properly be referred to as liability to compensate the party defrauded, and came within the scope of the Act. There was no rule of law or practice that the knowing recipient should bear 100% of the loss; that would impose an unjustified restriction on the discretion conferred by the wide scope of s 2 of the 1978 Act. The matter would depend on the facts of the particular case, which could only be assessed at trial.”

WLR Daily, 8th January 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 Telegraph Law Reports, 10th January 2008

Posted January 10th, 2008 in law reports by sally

Crane v Canons Leisure Centre

Re G (Abduction: withdrawal of proceedings, acquiescence, habitual residence)

R v XU & Others

Crown Prosecution Service v Brown

R (McKeon) v DPP

Evans v Birmingham & Black Country Strategic HA

Daily Telegraph, 10th January 2008

Source: www.telegraph.co.uk

Please note the Daily Telegraph Law Reports are available online for one week only.