MPs prepare for battle over 10p tax losers and costlier cars – The Times

Posted June 30th, 2008 in news, taxation by sally

“Reforms of income tax and vehicle tax will come under further scrutiny this week, to the embarrassment of the Government, as backbenchers and opposition MPs push for significant amendments.”

Full story

The Times, 30th June 2008

Source: www.timesonline.co.uk

Judges scorn American-style sentencing to control prison overcrowding – The Times

Posted June 30th, 2008 in news, prisons, sentencing by sally

“Plans for an American-style sentencing ‘grid’ to control prison numbers appear doomed because of overwhelming opposition from the judiciary.”

Full story

The Times, 30th June 2008

Source: www.timesonline.co.uk

Psychiatrist who released killer patient is suing for compensation – Daily Telegraph

Posted June 28th, 2008 in mental health, news, psychiatrists by sally

“A psychiatrist is suing her employer for £300,000 compensation because she was ‘humiliated’ and made to stop work after she released a mental patient who fatally stabbed a retired banker the next day.”

Full story

Daily Telegraph, 28th June 2008

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted June 28th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Anwoir & Ors, R. v [2008] EWCA Crim 1354 (27 June 2008)

High Court (Chancey Division)

Football Association Premier League Ltd & Ors v QC Leisure & Ors [2008] EWHC 1411 (Ch) (24 June 2008)

Astall & Anor v Revenue & Customs [2008] EWHC 1471 (Ch) (27 June 2008)

High Court (Queen’s Bench Division)

Buckley & Ors v Yates Wine Lodges Ltd & Anor [2008] EWHC 1408 (QB) (27 June 2008)

Green v Westleigh Properties Limits [2008] EWHC 1474 (QB) (27 June 2008)

High Court (Commercial Court)

Kamidian v Holt (On Behalf of Certain Underwriters At Lloyd’s) & Ors [2008] EWHC 1483 (Comm) (27 June 2008)

High Court (Technology and Construction Court)

TJ Brent Ltd & Anor v Black & Veatch Consulting Ltd [2008] EWHC 1497 (TCC) (13 June 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted June 28th, 2008 in legislation by sally

The Commissioner for Older People in Wales (Amendment) Regulations 2008

The European Parliament (House of Lords Disqualification) Regulations 2008

The Safety of Sports Grounds (Designation) (No.2) Order 2008

The Plastic Materials and Articles in Contact with Food (England) (Amendment) Regulations 2008

The Financial Services and Markets Act 2000 (Collective Investment Schemes) (Amendment) Order 2008

The Industrial Training Levy (Reasonable Steps) Regulations 2008

The Proceeds of Crime Act 2002 (Investigative Powers of Prosecutors in England, Wales and Northern Ireland: Code of Practice) Order 2008

Source: www.opsi.gov.uk

Is it legal to shoot pigeons? – BBC News Magazine

Posted June 28th, 2008 in birds, special report by sally

“Animal welfare activists have complained to Wimbledon organisers and the police over the culling of pigeons. Is it against the law for marksmen to take out the feral birds?”

Full story

BBC News Magazine, 26th June 2008

Source: www.bbc.co.uk

Mother jailed for abandoning son – BBC News

Posted June 28th, 2008 in child neglect, news, perverting the course of justice, sentencing by sally

“A woman who left her two-year-old son alone for the weekend has been jailed for 18 months.”

Full story

BBC News, 27th June 2008

Source: www.bbc.co.uk

Couple jailed after leaving girl to die in ‘filth and squalor’ – The Guardian

Posted June 28th, 2008 in child neglect, homicide, news, sentencing by sally

“A judge today questioned a decision by prosecutors not to pursue a murder charge against a mother who left her three-year-old daughter to die from malnutrition in her bedroom.”

Full story

The Guardian, 27th June 2008

Source: www.guardian.co.uk

Midwives: Law on breastfeeding must be widened – The Independent

Posted June 28th, 2008 in breastfeeding, news by sally

“Midwives and maternity groups are urging the Government to extend a new law to give mothers the legal right to breastfeed babies more than six months old in public.”

Full story

The Independent, 28th June 2008

Source: www.independent.co.uk

Addict who murdered had been freed on bail – The Guardian

Posted June 28th, 2008 in bail, Crown Prosecution Service, murder, news, sexual offences by sally

“Police last night criticised prosecutors for failing to charge a crack addict accused of rape who went on to sexually assault and murder a woman a week after being released from custody.”

Full story

The Guardian, 28th June 2008

Source: www.guardian.co.uk

Overworked’ QBD judges blast long hours culture – The Lawyer

Posted June 28th, 2008 in judiciary, news by sally

“The High Court’s Queen’s Bench Division (QBD) is in turmoil after being branded ‘chaotic’ by a raft of judges, some of whom claim not to have had a break in the past 10 months.”

Full story

The Lawyer, 28th June 2008

Source: www.thelawyer.com

Report questions gun crime policy – BBC News

Posted June 28th, 2008 in firearms, news by sally

“Policies on gun crime are flawed because ministers overlook its root causes – poverty and inequality, a report by criminologists claims.”

Full story

BBC News, 28th June 2008

Source: www.bbc.co.uk

Caretaker wins ladder fall case – BBC News

Posted June 27th, 2008 in damages, health & safety, news, personal injuries by sally

“A school caretaker has successfully sued Hampshire County Council after he was injured falling off a stepladder.”

Full story

BBC News, 27th June 2008

Source: www.bbc.co.uk

Shiv Malik ordered to hand police source material for terrorism book – The Guardian

Posted June 27th, 2008 in confidentiality, judicial review, news, police, terrorism by sally

“Freelance journalist Shiv Malik must hand over his source material for a book on terrorism to Greater Manchester Police within seven days and pay legal costs, a judicial review of the case ruled yesterday.”

Full story

The Guardian, 27th June 2008

Source: www.guardian.co.uk

Coroner reform: stronger powers give families more involvement – Ministry of Justice

Posted June 27th, 2008 in coroners, press releases by sally

“New coroners’ powers to help prevent avoidable deaths were announced today (26 June) by Justice Minister Bridget Prentice in response to views expressed by bereaved families.”

Full story

Ministry of Justice, 26th June 2008

Source: www.justice.gov.uk

Responses to the Sentencing Commission Working Group consultation paper: A Structured Sentencing Framework and Sentencing Commission – Judiciary of England and Wales

Posted June 27th, 2008 in consultations, news, sentencing by sally

Response on behalf of the Council of Her Majesty’s Circuit Judges (PDF) and Postscript (PDF)

Response on behalf of the Magistrates Association (Word)

Judiciary of England and Wales, 26th June 2008

Source: www.judiciary.gov.uk

R v Kenning; R v Blackshaw; R v Fenwick – WLR Daily

Posted June 27th, 2008 in aiding and abetting, conspiracy, law reports by sally

R v Kenning; R v Blackshaw; R v Fenwick; [2008] WLR (D) 212

“An agreement to aid and abet an offence was not capable of constituting a criminal conspiracy.”

WLR Daily, 26th June 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 Higgs – WLR Daily

Posted June 27th, 2008 in copyright, law reports, video games by sally

R v Higgs [2008] EWCA Crim 1324; [2008] WLR (D) 211

“To establish the offence of selling a device which is primarily designed, produced, or adapted for the purpose of enabling or facilitating the circumvention of effective technological measures, it must be shown that the technological measure concerned physically prevents infringement of copyright, and is not merely a discouragement or commercial hindrance to copyright infringement.The Court of Appeal (Criminal Division) so held in allowing an appeal by the defendant, Neil Stanley Higgs, against his conviction on 19 October 2007 in the Crown Court at Bristol before Her Honour Judge Hagen of 26 offences contrary to s 296ZB of the Copyright, Designs and Patents Act 1988.”

WLR Daily, 26th June 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.

Gray v Thames Trains Ltd and another – WLR Daily

Gray v Thames Trains Ltd and another [2008] EWCA Civ 713; [2008] WLR (D) 210

“A claim in negligence was not defeated by public policy unless the claim or a head of claim was inextricably bound up with or linked to the claimant’s criminal conduct. Where the depression the claimant suffered as a result of the defendant’s negligence led him to kill, he could recover damages for loss of earnings after he committed manslaughter if his claim was not inextricably connected with his criminal activity.”

WLR Daily, 26th June 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.

Beoku-Betts v Secretary of State for the Home Department – WLR Daily

Posted June 27th, 2008 in human rights, immigration, law reports by sally

Beoku-Betts v Secretary of State for the Home Department [2008] UKHL 39; [2008] WLR (D) 209

“S 65 of the Immigration and Asylum Act 1999 required an adjudicator, in determining an alleged breach of a claimant’s right to respect for his family life under art 8 of the European Convention, as scheduled to the Human Rights Act 1998, to take account of the family unit as a whole, and if, overall, removal would be a disproportionate interference, all affected family members were to be included as victims.”

WLR Daily, 26th June 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.