Current Awareness

Solicitors shunning legal aid work as pay rates fall, survey reveals – The Guardian

Posted January 7th, 2008 in legal aid, news, solicitors by sally

“Some of the most experienced solicitors are deserting legal aid work amid a shake-up of the scheme which will see their pay rates drop further. The exodus is particularly acute among expert lawyers who represent children and parents in cases where local authorities are threatening to take the children into care. The departure of some of the leading specialists raises concerns about the quality of representation for parents at risk of losing their children, who often face complex medical evidence which is hard to rebut.”

Full story

The Guardian, 7th January 2008

Source: www.guardian.co.uk

Vicario v Commissioner of Police of the Metropolis – Times Law Reports

Posted January 4th, 2008 in duty of care, law reports, negligence, police, victims by sally

Vicario v Commissioner of Police of the Metropolis

Court of Appeal

“Police owed no duty of care to victims when taking a decision whether or not to prosecute a suspected offender, even where the decision took into account the interests of the victims.”

The Times, 4th 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.

AB (Jamaica) v Secretary of State for the Home Department – Times Law Reports

Posted January 4th, 2008 in immigration, law reports, married persons by sally

AB (Jamaica) v Secretary of State for the Home Department

Court of Appeal

“A spouse who had married an overseas overstayer was entitled to have his right to a family life to be taken into account, although he was not a formal party to the proceedings seeking the removal of the overstayer.”

The Times, 4th 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.

Regina v Miell – Times Law Reports

Posted January 4th, 2008 in evidence, law reports, perjury, retrials by sally

Regina v Miell

Court of Appeal (Criminal Division)

“In deciding whether to quash an acquittal, the court had to form its own view as to whether the acquitted person’s subsequent plea of guilty to perjury at his trial was in fact compelling evidence that he had committed the offence charged.”

The Times, 4th 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.

First progress report of the Standing Committee of the Judges’ Council – The Judiciary of England and Wales

Posted January 4th, 2008 in judiciary, reports by sally

“This is the first Progress Report to the Judges’ Council, of the Standing Committee on Judicial Support and Welfare.”

Full report

The Judiciary of England and Wales, 4th January 2008

Source: www.judiciary.gov.uk

Fraud enquiry cancels Met officers’ credit cards – Daily Telegraph

Posted January 4th, 2008 in fraud, news, police by sally

“Nearly a quarter of 3,500 credit cards issued to Scotland Yard detectives have been withdrawn following an inquiry into suspected fraud.”

Full story

Daily Telegraph, 4th January 2008

Source: www.telegraph.co.uk

Children’s bodies ferried miles for postmortems – The Guardian

Posted January 4th, 2008 in children, coroners, news by sally

“The bodies of children who die suddenly are being illegally transported hundreds of miles to have a postmortem examination because there are only 40 qualified paediatric pathologists, it is revealed today. The practice breaches the Coroner’s Rules, which make it illegal to move a body beyond an adjoining district to the one in which the death occurred.”

Full story

The Guardian, 4th January 2008

Source: www.guardian.co.uk

Wife’s shoes destroyed by husband as revenge – Daily Telegraph

Posted January 4th, 2008 in criminal damage, divorce, news by sally

“A businessman took revenge on his wife for divorcing him by destroying one shoe of every pair she owned before suggesting that he had given them to Lady McCartney, a court heard yesterday.”

Full story

Daily Telegraph, 4th January 2008

Source: www.telegraph.co.uk

Straight bouncer harassed by gay club boss who called her a breeder – The Times

Posted January 4th, 2008 in news, sexual orientation discrimination, unfair dismissal by sally

“A married mother of three has won thousands of pounds in compensation from a gay nightclub that discriminated against her because she is heterosexual.”

Full story

The Times, 4th January 2008

Source: www.timesonline.co.uk

Bank watchdog “to get more power” – BBC News

Posted January 4th, 2008 in banking, financial regulation, news by sally

“The chancellor is planning to give the Financial Services Authority more power to deal with failing banks to avoid another Northern Rock-style crisis.”

Full story

BBC News, 4th January 2008

Source: www.bbc.co.uk

Ministers “lost nerve” over Hips – BBC News

Posted January 4th, 2008 in home information packs, news by sally

“The government has been criticised for causing delays in introducing compulsory Home Information Packs.”

Full story

BBC News, 3rd January 2008

Source: www.bbc.co.uk

Women’s groups may get power to rescue “brides” from wedlock – The Times

Posted January 4th, 2008 in forced marriages, news by sally

“Teachers, social workers, women’s rights groups and local councils may be given the power to stop forced marriages, under government plans to protect vulnerable teenagers.”

Full story

The Times, 4th January 2008

Source: www.timesonline.co.uk

Police board calls in independent experts to re-examine Omagh bombing evidence – The Guardian

Posted January 4th, 2008 in evidence, murder, news, police by sally

“The Northern Ireland Policing Board last night agreed to appoint a team of independent experts to re-examine evidence from the Omagh bombing, in an attempt to bring to justice those responsible for the 1998 atrocity.”

Full story

The Guardian, 4th January 2008

Source: www.guardian.co.uk

Racism at immigration centres revealed in report – The Guardian

Posted January 4th, 2008 in immigration, news, racism by sally

“Staff training at immigration detention centres must be improved, says an official report which recorded a catalogue of racist behaviour in the system.”

Full story

The Guardian, 4th January 2008

Source: www.guardian.co.uk

BAILII – Recent Decisions

Posted January 3rd, 2008 in law reports by sally

High Court (Chancery Division)

Waste Recycling Group Ltd v Commissioners for HMRC (Revenue and Customs) [2007] EWHC 3014 (Ch) (20 December 2007)

Rxworks Ltd v Hunter (t/a Connect Computers) [2007] EWHC 3061 (Ch) (20 December 2007)

Greater Manchester Police v Wigan Athletic Afc Ltd [2007] EWHC 3095 (Ch) (21 December 2007)

High Court (Queen’s Bench Division)

Kamar v Nightingale & Anor [2007] EWHC 2982 (QB) (14 December 2007)

Sharma v Singh & Anor [2007] EWHC 2988 (QB) (17 December 2007)

Adelson & Anor v Associated Newspapers Ltd. [2007] EWHC 3028 (QB) (19 December 2007)

Shore v Sedgwick Financial Services Ltd & ors [2007] EWHC 3054 (QB) (20 December 2007)

Harris & Anor v Moat Housing Group-South Ltd [2007] EWHC 3092 (QB) (20 December 2007)

Malik v Newspost Ltd & Ors [2007] EWHC 3063 (QB) (20 December 2007)

Bugbugs Ltd v Transport for London [2007] EWHC 2987 (QB) (21 December 2007)

Blackwell v News Group Newspapers Ltd & Ors [2007] EWHC 3098 (QB) (21 December 2007)

High Court (Commercial Court)

Sectrack NV v Satamatics Ltd & Anor [2007] EWHC 3003 (Comm) (19 December 2007)

Masri v Consolidated Contractors International Company SAL & Anor [2007] EWHC 3010 (Comm) (20 December 2007)

High Court (Patents Court)

Handi-Craft Company v New Vent Designs Inc & Ors (No. 4) [2007] EWHC B11 (Pat) (14 December 2007)

Nokia Corp v Interdigital Technology Corp [2007] EWHC 3077 (Pat) (21 December 2007)

Monsanto Technology LLC v Cargill International SA & Anor [2007] EWHC 3113 (Pat) (21 December 2007)

BAILII – Recent Decisions

Posted January 3rd, 2008 in law reports by sally

Court of Appeal (Civil Division)

Crane v Canons Leisure Centre [2007] EWCA Civ 1352 (19 December 2007)

Ravengate Estates Ltd v Horizon Housing Group Ltd & Ors [2007] EWCA Civ 1368 (19 December 2007)

Jones v Wrexham Borough Council [2007] EWCA Civ 1356 (19 December 2007)

Perrin & Anor v Northampton Borough Council & Ors [2007] EWCA Civ 1353 (19 December 2007)

MW (Liberia) v Secretary of State for the Home Department [2007] EWCA Civ 1376 (20 December 2007)

Jayam NV v The Diamond Trading Company Ltd [2007] EWCA Civ 1360 (20 December 2007)

Siborurema, R (on the application of) v Office of the Independent Adjudicator [2007] EWCA Civ 1365 (20 December 2007)

Baxi Group Ltd. v Revenue and Customs [2007] EWCA Civ 1378 (20 December 2007)

Environment Agency v Anti-Waste Ltd, R (On the application of) [2007] EWCA Civ 1377 (20 December 2007)

Parallel Imports (Europe) Ltd (T/a Baglan Car Centre) v Radivan & Anor [2007] EWCA Civ 1373 (20 December 2007)

Martins v Choudhary [2007] EWCA Civ 1379 (20 December 2007)

Telli v Revenue and Customs Prosecutions Office [2007] EWCA Civ 1385 (21 December 2007)

Vicario v The Commissioner of Police for the Metropolis [2007] EWCA Civ 1361 (21 December 2007)

Islamic Republic of Iran v The Barakat Galleries Ltd [2007] EWCA Civ 1374 (21 December 2007)

Petromec Inc v Petroleo Brasileiro S.A. Petrobras & Ors [2007] EWCA Civ 1371 (21 December 2007)

City Index Ltd & Ors v Gawler & Ors [2007] EWCA Civ 1382 (21 December 2007)

Savage v South Essex Partnership NHS Foundation Trust & Anor [2007] EWCA Civ 1375 (21 December 2007)

A (a minor), Re [2007] EWCA Civ 1383 (21 December 2007)

KD (Sri Lanka) v SSHD [2007] EWCA Civ 1384 (21 December 2007)

Multiplex Constructions (UK) Ltd v Cleveland Bridge UK Ltd & Anor [2007] EWCA Civ 1372 (21 December 2007)

Court of Appeal (Criminal Division)

AP U Ltd. v Crown Prosecution Service [2007] EWCA Crim 3128 (20 December 2007)

Mielll, R v [2007] EWCA Crim 3130 (21 December 2007)

Terrell, R. v [2007] EWCA Crim 3079 (21 December 2007)

Mote v R [2007] EWCA Crim 3131 (21 December 2007)

Birmingham City Council v Ram [2007] EWCA Crim 3084 (21 December 2007)

High Court (Administrative Court)

T, R (on the application of) v Secretary of State for the Home Department [2007] EWHC 3074 (Admin) (18 December 2007)

Juncal, R (on the application of) v Secretary of State for the Home Department & Ors [2007] EWHC 3024 (Admin) (19 December 2007)

Lake, R (on the application of) v HMP Highdown [2007] EWHC 3080 (Admin) (20 December 2007)

Haase, R (on the application of) v Independent Adjudicator & Ors [2007] EWHC 3079 (Admin) (20 December 2007)

Bryant & Anor v The Law Society [2007] EWHC 3043 (Admin) (21 December 2007)

Murphy v Media Protection Services Ltd [2007] EWHC 3091 (Admin) (21 December 2007)

Recent Statutory Instruments – OPSI

Posted January 3rd, 2008 in legislation by sally

The Small Companies and Groups (Accounts and Directors’ Report) Regulations 2008 (Draft)

The Tribunals, Courts and Enforcement Act 2007 (Commencement No. 2) Order 2007

The A46 Trunk Road (A46/M40 Junction 15 (Longbridge) Bypass) (Detrunking) Order 2007

The A46 Trunk Road (A46/M40 Junction 15 (Longbridge) Bypass) Order 2007

The Air Navigation (Overseas Territories) Order 2007

The Road Traffic (Permitted Parking Area and Special Parking Area) (Royal Borough of Windsor and Maidenhead) Order 2007

The Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cheshire) (Borough of Crewe and Nantwich) Order 2007

Regina (M) v Sutton London Borough Council – Times Law Reports

Posted January 3rd, 2008 in law reports, special educational needs by sally

Regina (M) v Sutton London Borough Council

Court of Appeal

“Where a local authority specified the parents’ choice of school in a special educational needs statement on condition that the parents paid for transport as there were other nearer suitable mainstream schools, the authority was not obliged to provide free transport to that school.”

The Times, 3rd 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.

Crossley v Crossley – Times Law Reports

Posted January 3rd, 2008 in divorce, law reports, prenuptial agreements by sally

Crossley v Crossley

Court of Appeal

“A judge had a discretionary power in ancillary relief proceedings to require a party to show good cause why a prenuptial agreement should not govern the division of assets on the dissolution of the marriage.”

The Times, 3rd 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.