Legal News

Ul-Haq and others v Shah ? WLR Daily

Posted on June 19, 2009
Ul-Haq and others v Shah [2009] EWCA Civ 542; [2009] WLR (D) 197 “There was no general rule of law which permitted a court to strike out a genuine claim on the grounds that the claimant had been involved in a fraud upon the court in respect of an associated claim...

Octagon v Remblance and another ? WLR Daily

Posted on June 19, 2009
Octagon v Remblance and another [2009] EWCA Civ 581; [2009] WLR (D) 196 “In a case in which a corporate tenant and a guarantor were pursued for rent arrears, it was difficult to see how it could be just not to set aside a statutory demand obtained against the guarantor where the principal debtor satisfied one [...

Gray v Thames Trains Ltd ? WLR Daily

Posted on June 19, 2009
Gray v Thames Trains Ltd [2009] UKHL 33; [2009] WLR (D) 195 “A person who, as a result of a railway accident, suffered post-traumatic stress disorder which led him to kill someone, could not, as part of his claim for damages in negligence against the train operators responsible for the accident, recover damages for loss of [...

AS (Somalia) v Secretary of State for the Home Department ? WLR Daily

Posted on June 19, 2009
AS (Somalia) v Secretary of State for the Home Department [2009] UKHL 32; [2009] WLR (D) 194 “The provisions of s 85(5) of the Nationality, Immigration and Asylum Act 2002, which provided that an immigration judge hearing an appeal against a refusal of entry clearance could only have regard to the circumstances appertaining at the time [...

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Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus ? WLR Daily

Posted on June 19, 2009
Atkinson v Supreme Court of Cyprus; Binnington v Supreme Court of Cyprus [2009] WLR (D) 193 “A trial was the legal process whereby guilt or innocence was to be decided and which resulted in a final determination. A fugitive?s state of mind was not material in deciding whether he ‘absented himself from his trial’ within the [...

Gray v Thames Trains Ltd and Another ? Times Law Reports

Posted on June 19, 2009
Gray v Thames Trains Ltd and Another House of Lords “A claimant who, as a result of a railway accident caused by the defendants? negligence, suffered post-traumatic stress disorder which led him to kill someone, could not recover damages for loss of earnings following his detention, in prison and in mental hospital, after the killing...

The Big Question: Is the writing on the wall for the Government?s ID card scheme? ? The Independent

Posted on June 19, 2009
“Why are we asking this now? The Government had been due to award a key contract as part of its grand biometric ID card scheme this autumn. Three companies – Thales, Fujitsu and IBM – were bidding for the right to develop the cards’ design and handle their production...

Probation ?told to under-spend? ? BBC News

Posted on June 19, 2009
“BBC News has seen an official letter which appears to cast doubt on claims by Justice Secretary Jack Straw that probation failings in the Dano Sonnex case were due to staff mismanaging their resources.” Full story BBC News, 19th June 2009 Source: www...

Brown under pressure to open Iraq inquiry to public ? The Guardian

Posted on June 19, 2009
“Gordon Brown has been forced to open up the terms of the newly announced Iraq war inquiry after facing hostility to his plans from a broad coalition of former generals, former prime minister John Major and peers from all parties.” Full story The Guardian, 18th June 2009 Source: www...

Protest over hacker extradition move ? The Independent

Posted on June 19, 2009
“Former Home Secretary Jacqui Smith ‘chose to disregard’ the impact of a computer hacker’s mental health problems when she approved his extradition to the US, an MP said today.” Full story The Independent, 18th June 2009 Source: www...

Court official fixed jury selection ? Daily Telegraph

Posted on June 19, 2009
“A court official fixed the selection of jurors to allow her neighbours to sit on the panel and claim £8,000 in expenses.” Full story Daily Telegraph, 18th June 2009 Source: www.telegraph.co.uk

Commentary: a long history of jury ?nobbling? ? The Times

Posted on June 19, 2009
“Jury intimidation or ‘nobbling’ is not new; it has been going on for centuries. It was a series of attempts to intimidate jurors that led to the introduction of majority verdicts in the Criminal Justice Act 1967, so that there could be a conviction even if one or two jurors disagreed...

History-making divorcee Julia McFarlane is awarded an extra £100,000 a year ? The Times

Posted on June 19, 2009
“A divorcing wife who made legal history when the law lords awarded her a £250,000-a-year payout from her husband has won a 40 per cent increase in her maintenance payments.” Full story The Times, 19th June 2009 Source: www.timesonline.co...

Khyra mother ?in privacy threat? ? BBC News

Posted on June 19, 2009
“A woman accused of starving her daughter to death threatened a social worker who looked through her letterbox with legal action, a court has heard.” Full story BBC News, 19th June 2009 Source: www.bbc.co.uk

Judge condemns teenager?s sweet wrapper prosecution ? Daily Telegraph

Posted on June 19, 2009
“A judge has condemned a ‘grotesque’ waste of taxpayers’ money spent on prosecuting teenager Larissa Wilkinson for allowing her 18 month-old niece to drop a sweet wrapper.” Full story Daily Telegraph, 19th June 2009 Source: www...

Falconer backs public Iraq probe ? BBC News

Posted on June 19, 2009
“Former cabinet minister Lord Falconer has joined calls for the Iraq inquiry to be held ‘largely’ in public.” Full story BBC News, 19th June 2009 Source: www.bbc.co.uk

Miscarriage of justice: more compensation ordered by judges ? Daily Telegraph

Posted on June 19, 2009
“Senior judges have ordered an increase in the amount of compensation paid to Stephen Miller, a victim of a miscarriage of justice, in a test case lawyers said would have a ‘profound effect’ on such awards.” Full story Daily Telegraph, 19th June 2009 Source: www...

Michael Wills urges cabinet not to backtrack on attorney general ? The Guardian

Posted on June 18, 2009
“Britain’s constitutional affairs minister, Michael Wills, is urging his fellow ministers not to backtrack over ending the dual role of the attorney general as politician and legal adviser to the government. It is vital to separate the roles in order to maintain public confidence in the way critical decisions are reached, he says...

BAILII: Recent Decisions

Posted on June 18, 2009
Court of Appeal (Criminal Division) Clarke v R. [2009] EWCA Crim 1074 (12 June 2009) Court of Appeal (Civil Division) Remblance v Octagon Assets Ltd [2009] EWCA Civ 581 (17 June 2009) Sonmez v Secretary of State for the Home Department & Ors [2009] EWCA Civ 582 (17 June 2009) Mehra v Mehra & Aras [2009] EWCA Civ [...

First trial without jury approved ? BBC News

Posted on June 18, 2009
“The Court of Appeal has ruled that a criminal trial can take place in front of a judge without a jury for the first time in England and Wales.” Full story BBC News, 18th June 2009 Source: www.bbc.co.uk

In re Attorney General?s Reference (No 3 of 1999) ? WLR Daily

Posted on June 18, 2009
In re Attorney General?s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192 “An order made by the House of Lords on an Attorney General?s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant?s right to privacy under art 8 of the Convention for [...

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd ? WLR Daily

Posted on June 18, 2009
TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd [2009] UKHL35; [2009] WLR (D) 190 “An agreement between the provider of photocopiers and the retailer in whose premises the photocopiers were located was not a consumer hire agreement within the meaning of s 15 of the Consumer Credit Act 1974 if there was no [...

Official Receiver v McKay ? WLR Daily

Posted on June 18, 2009
Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191 “Where the only proven debt against a bankrupt?s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer [...

Lewis and another v Metropolitan Property Realisations Ltd ? WLR Daily

Posted on June 18, 2009
Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189 “The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so [...

Baker and Others v Quantum Clothing and Others ? Times Law Reports

Posted on June 18, 2009
Baker and Others v Quantum Clothing and Others Court of Appeal “Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.” The Times, 18th June 2009 Source: www...

In re British Broadcasting Corporation: Attorney-General?s Reference (No 3 of 1999) ? Times Law Reports

Posted on June 18, 2009
In re British Broadcasting Corporation: Attorney-General?s Reference (No 3 of 1999) House of Lords “Balancing the defendant?s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of [...

Recent Statutory Instruments ? OPSI

Posted on June 18, 2009
The Double Taxation Relief and International Tax Enforcement (Virgin Islands) Order 2009 The Double Taxation Relief and International Tax Enforcement (Guernsey) Order 2009 The Double Taxation Relief and International Tax Enforcement (Jersey) Order 2009 The Banking Act 2009 (Restriction of Partial Property Transfers) (Amendment) Order 2009 The Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order [...

?Terror Act search was Orwellian? ? BBC News

Posted on June 18, 2009
“Police officers are trying to racially balance official figures in the way they select people to search under terrorism laws, it has been suggested.” Full story BBC News, 17th June 2009 Source: www.bbc.co.uk

GCHQ man, Neil McLellan, faces jail sentence after lying under oath ? The Times

Posted on June 18, 2009
“A former employee of the GCHQ spy centre is facing jail for perjury and possession of a .44 Magnum revolver after being caught lying under oath.” Full story The Times, 16th June 2009 Source: www.timesonline.co.uk

Lawyers revolt over auction of legal aid work ? The Times

Posted on June 18, 2009
“Ministers are facing a growing revolt over plans to hold a ‘reverse auction’ to award legal aid contracts to the lowest bidders. Nearly 2,500 lawyers who say the scheme will cause ‘irreparable damage’ to the quality of the justice system have already signed a Downing Street online petition urging the plans be scrapped...

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