Prisons ‘could be full within two weeks’ – The Independent

Posted May 31st, 2007 in news by sally

“Ministers are holding emergency meetings as the jail population threatens to rise out of control.”

Full story

The Independent, 31st May 2007

Source: www.independent.co.uk  

The Big Question: Why are our prisons so overcrowded, and how can we tackle the crisis? – The Independent

Posted May 31st, 2007 in prisons, special report by sally

“Jails in England and Wales could be full within a fortnight. The increase in numbers of offenders being locked up appears relentless, with the prison population reaching a record high of 80,846 this week. That includes about 400 who are housed at great expense in police cells and a further handful held in court cells.”

Full story 

The Independent, 31st May 2007

Source: www.independent.co.uk

BAILII: Recent decisions

Posted May 31st, 2007 in law reports by sally

Court of Appeal (Civil Division)

Charman v Charman [2007] EWCA Civ 503 (24 May 2007)

Ford-Camber Ltd. v Deanminster Ltd & Anor [2007] EWCA Civ 458 (24 May 2007)

Experience Hendrix LLC v Purple Haze Records Ltd & Ors [2007] EWCA Civ 501 (24 May 2007)

KR (Iraq) v Secretary of State for the Home Department [2007] EWCA Civ 514 (24 May 2007)

Framlington Group Ltd & Anor v Barnetson [2007] EWCA Civ 502 (24 May 2007)

Howard De Walden Estates Ltd & Anor v Les Aggio & Ors [2007] EWCA Civ 499 (24 May 2007)

Hooper v Secretary of State for Work and Pensions [2007] EWCA Civ 495 (24 May 2007)

Court of Appeal (Criminal Division)

Sampson & Ors, R. v [2007] EWCA Crim 1238 (25 May 2007)

Tirnaveanu, R v [2007] EWCA Crim 1239 (24 May 2007)

High Court (Chancery Division)

Bunney v Burns Anderson Plc & Anor [2007] EWHC 1240 (Ch) (25 May 2007)

High Court (Commercial Court)

Abu Dhabi Investment Company & Ors v H Clarkson & Company Ltd & Ors [2007] EWHC 1267 (Comm) (25 May 2007)

High Court (Queen’s Bench Division)

Signet Partners Ltd v Signet Research & Advisory SA & Ors [2007] EWHC 1263 (QB) (24 May 2007)

Source: www.bailii.org

Bunney v. Burns Anderson plc and another; Cahill v. Timothy James & Partners Ltd. – WLR Daily

Posted May 31st, 2007 in financial services ombudsman, law reports by sally

Bunney v. Burns Anderson plc and another; Cahill v. Timothy James & Partners Ltd. [2007] EWHC 1240 (Ch.) 

The Financial Services Ombudsman did not have the power to make a direction under s 229(2)(b) of the Financial Services and Markets Act 2000 that would require a respondent to make a money award exceeding the statutory cap provided in the Ombudsman scheme rules.”

WLR Daily, 25th May 2007

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.

A million debtors face court action – Daily Telegraph

Posted May 31st, 2007 in consumer credit, debts, news by sally

“Up to a million households struggling with rising living costs and lured by offers of easy credit will face court action over their debts this year.”

Full story

Daily Telegraph, 31st May 2007

Source: www.telegraph.co.uk

Regina v. McNee; Regina v. Russell, Regina v. X – Times Law Reports

Posted May 31st, 2007 in law reports, sentencing by sally

Sentencing judge can consult tariff

Regina v. McNee; Regina v. Russell; Regina v. X

Court of Appeal (Criminal Division)

“Although when imprisoning a defendant to a discretionary life sentence, the sentencing judge was not obliged to have regard to the minimum tariffs for mandatory life sentences set our in Schedule 21 to the Criminal Justice Act 2003, it was not wrong to do so.”

The Times, 31st May 2007

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 (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2) – Times Law Reports

Posted May 31st, 2007 in Chagos Islands, judicial review, law reports, royal prerogative by sally

Abuse of executive power over Chagos Islanders

Regina (Bancoult) v. Secretary of State for Foreign and Commonwealth Affairs (No. 2)

Court of Appeal

“The use of orders in council to frustrate a ruling of the court in order to prevent the return of Chagos Islanders to their homeland was an unlawful abuse of power by the executive government.”

The Times, 31st May 2007

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.

Proposals to create judicial powers to manage conflict of interest and capacity issues in very high cost cases – Ministry of Justice

Posted May 31st, 2007 in conflict of interest, consultations, delay, trials by sally

“This consultation invited comments on proposals to give trial judges in VHCCs the power to order the withdrawal of representation where there was a conflict of interest or lack of capacity on the part of defence representatives, such that it could impede the efficient progress of the trial. The summary of responses outlines the conclusions reached on the options and how we intend to proceed.”

Proposals to create judicial powers to manage conflict of interest and capacity issues in high cost cases [CP R 17/06]

Source: www.justice.gov.uk

Legal wrangles over porn billing software – The Guardian

Posted May 31st, 2007 in consumer protection, news, pornography by sally

“MBS’s popups seeking payment for access to websites have caused concern, but it could be you breaking the law, not them.” 

Full story

The Guardian, 31st May 2007

Source: www.guardian.co.uk

Five London local authorities unite to launch bar panel in bid to slash costs – Legal Week

Posted May 31st, 2007 in barristers, local government, news by sally

“Five London local authorities are combining to create a panel of barristers for the first time, as part of a drive to cut costs.”

Full story

Legal Week, 31st May 2007

Source: www.legalweek.com

Falconer outlines plans to end high cost trial delay – Ministry of Justice

Posted May 31st, 2007 in conflict of interest, delay, press releases, trials by sally

“Lawyers who cause costly delays to court cases in England and Wales could be replaced in plans for speedier and more efficient trials, Lord Chancellor and Secretary of State for Justice Lord Falconer said today.”

Ministry of Justice press release, 31st May 2007

Full story

Source: www.justice.gov.uk

Planning reform threat for the Bar but energy work gets boost – Legal Week

Posted May 31st, 2007 in barristers, news, planning by sally

“Planning barristers could be hit by radical new plans from the Government to speed up the development of big infrastructure projects in the UK.”

Full story

Legal Week, 31st May 2007

Source: www.legalweek.com

Website lists likely punishments – The Times

Posted May 31st, 2007 in magistrates, news, sentencing by sally

“Anyone up before a magistrates’ court can now go online to find out the likely sentence for the alleged offence in advance of the hearing.”

Full story

The Times, 30th May 2007

Source: www.timesonline.co.uk

Lawyers call for divorce law review after landmark ruling – Legal Week

Posted May 31st, 2007 in divorce, news by sally

“London has become the divorce capital of the world, according to the City’s top lawyers following a Court of Appeal ruling to uphold the largest divorce settlement in UK history.”

Full story

Legal Week, 31st May 2007

Source: www.legalweek.com

Forced legal team change scheme – The Guardian

Posted May 31st, 2007 in delay, fraud, news, terrorism, trials by sally

“Ministers are to go ahead with a scheme which could force defendants to change their legal team in complex cases.”

Full story

The Guardian, 31st May 2007

Source:www.guardian.co.uk

Jailing fewer people ‘is only way to solve overcrowding’ – The Times

Posted May 31st, 2007 in news, prisons by sally

“The Justice Secretary has admitted that the Government will be unable to build its way out of the problem of overcrowded jails.”

Full story

The Times, 31st May 2007

Source: www.timesonline.co.uk

Lawyers who delay expensive terrorism trials face the sack – The Times

Posted May 31st, 2007 in delay, news, terrorism, trials by sally

“Lawyers could be sacked if they cause delays during expensive terrorism trials under plans to speed up cases announced by the Government yesterday.”

Full story

The Times, 31st May 2007

Source: www.timesonline.co.uk

Nearly all cameras illegal, says watchdog – The Times

Posted May 31st, 2007 in data protection, news by sally

“We are living in the surveillance age but 90 per cent of Britain’s 14.2 million closed-circuit television cameras may be failing to comply with the law.”

Full story 

The Times, 31st May 2007

Source: www.timesonline.co.uk

The Law Explored: what to wear in court – The Times

Posted May 30th, 2007 in court dress by sally

“Imagine you’re in a room filled with people dressed variously in tracksuit bottoms and trainers, white bands with horse-hair wigs, uniforms, lounge suits, long black robes: you’re either at a fancy-dress party or in a law court.”

Full story

The Times, 30th May 2007

Source: www.timesonline.co.uk

 

Recent Statutory Instruments – OPSI

Posted May 30th, 2007 in legislation by sally

The Extradition Act 2003 (Amendment to Designations) Order 2007

The Control of Cash (Penalties) Regulations 2007

The Goods Infringing the Olympics and Paralympics Association Rights (Customs) Regulations 2007

The Local Authorities (Contracting Out of Anti-social Behaviour Order Functions) (England) Order 2007

The Countryside and Rights of Way Act 2000 (Commencement No. 12) Order 2007

The Citizenship Oath and Pledge (Welsh Language) Order 2007

The Whole of Government Accounts (Designation of Bodies) Order 2007

The Local Government Pension Scheme (Amendment) (No. 2) Regulations 2007

The Local Authorities (Conduct of Referendums) (England) Regulations 2007

The Criminal Justice and Court Services Act 2000 (Amendment) Order 2007

The Local Authority Adoption Service (Wales) Regulations 2007

The Oil Taxation (Nomination Scheme for Disposals) (Amendment) Regulations 2007

The Marketing of Vegetable Plant Material (England) (Amendment) Regulations 2007

Source: www.opsi.gov.uk