Current Awareness

R (Griffin) v Richmond Magistrates’ Court [2008] EWHC 84 (Admin); [2008] WLR (D) 13

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Griffin) v Richmond Magistrates’ Court – WLR Daily

Posted January 29th, 2008 in fraud, human rights, insolvency, law reports by sally

“The statutory defence under s208(4) of the Insolvency Act 1986, available to a defendant to a charge under s208(1)(c) of the Act, imposed a legal burden of proof which was not incompatible with art 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 28th January 2008

In re Astron Clinica Ltd and others [2008] EWHC 85 (Pat); [2008] WLR (D) 12

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

In re Astron Clinica Ltd and others – WLR Daily

Posted January 29th, 2008 in computer programs, law reports, patents by sally

“Claims to computer programs were not necessarily excluded from patentability by art 52 of the Convention on the Grant of European Patents 1973. Where claims to a method performed by running a suitably programmed computer or to a computer programmed to carry out the method were allowable, then, in principle, a claim to the program itself should be allowable.”

WLR Daily, 28th January 2008

KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same [2008] EWCA Civ 13;[2008] WLR (D) 11

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

KG (Sri Lanka) v Secretary of State for the Home Department; AK (Sri Lanka) v Same – WLR Daily

Posted January 29th, 2008 in EC law, immigration, law reports by sally

“The right of a citizen of the European Union and his family members to move and reside freely within the territory of the Member States did not extend to “other family members” (falling within art 3(2)(a) but not art 2(2) of Parliament and Council Directive 2004/38/EC) who had not been the dependants or members of the household of the Union citizens in the European Economic Area state from which the citizen had moved.”

WLR Daily, 28th January 2008

Statek Corpn v Alford and another [2008] EWHC 32 (Ch); [2008] WLR (D) 10

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Statek Corpn v Alford and another – WLR Daily

Posted January 29th, 2008 in breach of trust, law reports, time limits by sally

“S 21(1) of the Limitation Act 1980 applied to a claim by a beneficiary under a trust against an accessory to fraudulent breaches of trust committed by other people so that no limitation period applied to such claims.”

WLR Daily, 28th January 2008

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Statute Law Repeals – Law Commission

Posted January 29th, 2008 in repeals, reports by sally

“The most recent Statute Law Repeals Report (the 18th report in the series) was published on 29 January 2008. A draft of the Bill, which gives effect to the repeal proposals contained in the report, is included. The Bill will shortly be introduced in the House of Lords for its First Reading.”

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport

Law Commission, 29th January 2008

Source: www.lawcom.gov.uk

Related link: Statute Law Repeals: Eighteenth Report (PDF)

Banga (t/a Banga Travel) v Secretary of State for the Department of Transport – Times Law Reports

Posted January 29th, 2008 in appeals, law reports, Transport Tribunal by sally

Court of Appeal

“In order to appeal to the Court of Appeal from the Transport Tribunal it was not necessary to obtain permission to appeal although the appeal had to be on a point of law.”

The Times, 29th January 2008

Regina (Payir and Others) v Secretary of State for the Home Department Case C-294/06

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Payir and Others) v Secretary of State for the Home Department Case – Times Law Reports

Posted January 29th, 2008 in EC law, immigration, law reports by sally

Court of Justice of the European Communities

“The right of a Turkish national to continue in employment in an EC member state after working there for more than a year, was not affected by the fact that that person had initially been given leave to enter the country as an au pair or as a student.”

The Times, 29th January 2008

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

MP who paid son £44,000 apologises – The Independent

Posted January 29th, 2008 in expenses, news, parliament by sally

“A senior Tory MP could be banned from the Commons after paying his son nearly £44,000 of taxpayers’ money while he was a full-time university student.”

The Non-Domestic Rating (Demand Notices) (Wales) (Amendment) Regulations 2008

The Independent, 29th January 2008

Source: www.independent.co.uk

Recent Statutory Instruments – OPSI

Posted January 29th, 2008 in legislation by sally

The British Citizenship (Designated Service) (Amendment) Order 2008

The Social Security (Contributions) (Amendment) Regulations 2008

The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008

The London Skills and Employment Board (Specified Functions) Order 2008

The London Skills and Employment Board (Establishment) Regulations 2008

The Magistrates’ Courts Fees (Amendment) Order 2008

The Civil Proceedings Fees (Amendment) Order 2008

The Family Proceedings Fees (Amendment) Order 2008

The Social Security (Contributions) (Re-rating) Order 2008

Source: www.opsi.gov.uk

Good intentions going up in smoke? – The Times

Posted January 29th, 2008 in money laundering, special report by sally

“It is only just over six weeks since the new regime came into force — but already cracks have begun to emerge in the regulations to clamp down on money laundering by fraudsters and terrorists. The regime is proving costly to implement and risks catching innocent people in its net. But is it proving its worth?”

The Times, 29th January 2008

Lawrence widow shocked at Asbo sentence – Daily Telegraph

Posted January 29th, 2008 in deportation, news by sally

“The widow of the murdered headmaster Philip Lawrence has attacked Britain’s ‘Kafka-esque’ deportation laws after a petty criminal was forcibly sent back to the Philippines while her husband’s killer is allowed to stay in Britain.”

Daily Telegraph, 29th January 2008

Source: www.telegraph.co.uk

Anti-trafficking drive launched – BBC News

Posted January 29th, 2008 in news, trafficking in human beings by sally

“A campaign urging people to be more aware of human trafficking will be formally launched later.”

BBC News, 29th January 2008

Source: www.bbc.co.uk

Law minister is forced to give up power over political cases – The Times

Posted January 29th, 2008 in attorney general, conflict of interest, news by sally

“The Attorney-General has been forced to drop the task of instigating criminal proceedings in political cases such as ‘cash for honours’ after fallout from a series of apparent conflicts of interest.”

The Times, 29th January 2008

Watchdog sides with MI5 to reject phone-tap evidence – The Guardian

Posted January 29th, 2008 in evidence, interception, news, telecommunications by sally

“The prospect of phone-tap evidence being used in court, an issue at the heart of the dispute over proposed anti-terrorism measures, received a blow yesterday when the prime minister’s eavesdropping watchdog opposed the idea.”

The Guardian, 29th January 2008

Source: www.guardian.co.uk

High Court backs software patents – OUT-LAW.com

Posted January 29th, 2008 in computer programs, news, patents by sally

“Some software can be patented in the UK and the UK Intellectual Property Office (UKIPO) is wrongly rejecting applications, according to a new ruling in the High Court. The UKIPO is considering appealing against the verdict.”

OUT-LAW.com, 28th January 2008

Source: www.out-law.com

Tesco bomb blackmailer jailed – The Independent

Posted January 29th, 2008 in blackmail, news, sentencing by sally

“A former tax inspector was sentenced yesterday to six years in prison for a string of bomb hoaxes against Britain’s biggest supermarket chain.”

The Independent, 29th January 2008

Source: www.independent.co.uk

Juror speaks out: ‘the court saw us as idiots’ – The Times

Posted January 29th, 2008 in juries, murder, special report by sally

“In an unprecedented move, two jurors recently spoke out to condemn the conviction of Keran Henderson, a childminder, for the murder of 11-month-old Maeve Sheppard while in her care. Their comments, revealed by The Times, were made anonymously. Now, in an exclusive article, the foreman, a lecturer living in Berkshire, questions the practical workings of the jury system.”

The Times, 29th January 2008