Legal News

BAILII: Recent Decisions

Posted on June 12, 2009
Court of Appeal (Civil Division) Freeman v London Borough of Islington [2009] EWCA Civ 536 (11 June 2009) B (A Child), Re [2009] EWCA Civ 545 (11 June 2009) Pickthall & Anor v Hill Dickinson Llp [2009] EWCA Civ 543 (11 June 2009) High Court (Administrative Court) A...

Recent Statutory Instruments ? OPSI

Posted on June 12, 2009
The Offshore Installations (Safety Zones) Order 2009 The Legislative Reform (Local Government) (Animal Health Functions) Order 2009 The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2009 The Financial Services and Markets Act 2000 (Control of Business Transfers) (Requirements on Applicants) (Amendment) Regulations 2009 The Building Societies (Accounts and Related Provisions) (Amendment) Regulations 2009 The Landsbanki [...

Regina v Islam ? Times Law Reports

Posted on June 12, 2009
Regina v Islam House of Lords “It was consistent with both the language and spirit of the statutory scheme for making confiscation orders for the importation of prohibited drugs to take account of the black market value of such drugs when valuing the benefit obtained by the defendant at the time of their illegal importation...

Brent London Borough Council v Risk Management Partners Ltd ? WLR daily

Posted on June 12, 2009
Brent London Borough Council v Risk Management Partners Ltd [2009] EWCA Civ 490; [2009] WLR (D) 179 “A local authority had no power, by virtue of s 2 of the Local Government Act 2000 or s 111 of the Local Government Act 1972, to enter into an arrangement with a company to carry on a mutual [...

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Defence fee caps will be final blow for legal aid, practitioners say ? Law Society?s Gazette

Posted on June 12, 2009
“Government proposals to cap payments made to acquitted defendants who have paid privately for their defence are the ?final nail in the coffin? of criminal legal aid firms, a leading practitioner group has warned.” Full story Law Society’s Gazette...

Chancery Lane hits out at means testing proposals ? Law Society?s Gazette

Posted on June 12, 2009
“Government proposals for Crown court means testing could deny vulnerable people access to justice and are being ?rushed in? too quickly, the Law Society said today.” Full story Law Society’s Gazette, 11th June 2009 Source: www.lawgazette...

Legal aid helps to bridge the justice gap ? Ministry of Justice

Posted on June 12, 2009
“Legal Aid Minister Willy Bach and Sir Bill Callaghan, Chair of the Legal Services Commission, have praised legal aid lawyers for their dedication to a fundamental service that underpins the justice system.” Full press release Ministry of Justice, 11th June 2009 Source: www...

More knife crime offenders jailedMore knife crime offenders jailed ? Ministry of Justice

Posted on June 12, 2009
“More criminals are being jailed for carrying a knife and the number of offences dealt with involving knives has fallen, according to new statistics published by the Ministry of Justice today.” Full press release Ministry of Justice, 11th June 2009 Source: www...

Two found guilty of human trafficking offences ? UK Border Agency

Posted on June 12, 2009
“A Mauritian-born couple have been found guilty of four counts of human trafficking and three counts of employing illegal workers.” Full press release UK Border Agency, 9th June 2009 Source: www.ukba.homeoffice.gov.uk

LastMinute.com wins right to block last minute trade mark ? OUT-LAW.com

Posted on June 12, 2009
“Online travel company LastMinute.com has won the right to have a competing firm’s European trade mark cancelled. The European Union’s Court of First Instance (CFI) has backed the British firm, overturning a ruling by the EU office for trade marks...

Online supermarket rapped for price claim errors ? OUT-LAW.com

Posted on June 12, 2009
“Online supermarket Ocado could not back up price-matching claims made in its adverts, ad regulator the Advertising Standards Authority (ASA) has said. The company has been told not to repeat its claims while operating the current system.” Full story OUT-LAW...

Railway track driver spared jail ? BBC News

Posted on June 12, 2009
“A drunk woman who drove almost half a mile along railway tracks before her car broke down has been spared jail.” Full story BBC News, 11th June 2009 Source: www.bbc.co.uk

Many parking tickets ?unlawful? ? BBC News

Posted on June 12, 2009
“Thousands of parking tickets paid by credit card could be cancelled after a council’s charges were ruled unlawful.” Full story BBC News, 11th June 2009 Source: www.bbc.co.uk

80 per cent of knife offenders avoid going straight to jail ? The Times

Posted on June 12, 2009
“Four out of five knife offenders avoid going straight to jail, according to government figures published yesterday.” Full story The Times, 12th June 2009 Source: www.timesonline.co.uk

Former pupil sues Oundle School over drunken fall from window ? The Times

Posted on June 12, 2009
“A public school is being sued by a former pupil who was permanently disabled following a drunken fall from a window.” Full story The Times, 12th June 2009 Source: www.timesonline.co.uk

Three youths found guilty of Ben Kinsella murder ? The Independent

Posted on June 11, 2009
“Three youths were found guilty today of murdering Ben Kinsella, the 16-year-old brother of former EastEnders actress Brooke Kinsella.” Full story The Independent, 11th June 2009 Source: www.independent.co.uk

House of Lords Judgments: What?s new?

Posted on June 11, 2009
Secretary of State for the Home Department (Respondent) v AF (Appellant) (FC) and another (Appellant) and one other action [2009] UKHL 28 (10 June 2009) Hanoman (FC) (Respondent) v London Borough of Southwark (Appellants) [2009] UKHL 29 (10 June 2009) R v Islam (Respondent) (on appeal from the Court of Appeal Criminal Division) [2009] UKHL 30 [...

BAILII: Recent Decisions

Posted on June 11, 2009
Court of Appeal (Civil Division) Mediterranean Salvage & Towage Ltd v Seamar Trading & Commerce Inc [2009] EWCA Civ 531 (10 June 2009) Secretary of State for Work & Pensions v Yates [2009] EWCA Civ 479 (10 June 2009) High Court (Chancery Division) Penfold v Fuller [2009] EWHC 1195 (Ch) (18 May 2009) High Court (Technology and [...

Corporate manslaughter: making work a much safer place ? The Times

Posted on June 11, 2009
“In law, small cases often mark major milestones. When the prosecution of Cotswold Geotechnical Holdings begins next week at Stroud Magistrates? Court, a new chapter in English law will begin. It will be the first case brought under the Corporate Manslaughter and Corporate Homicide Act 2007 and it signifies a new approach to prosecuting companies [...

Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE ? Times Law Reports

Posted on June 11, 2009
Secretary of State for the Home Department v AF (No 3); Same v AN; Same v AE House of Lords “Where, in the interests of national security, the Secretary of State for the Home Department wanted to rely on closed material in a terror-suspect hearing to justify his decision to make a control order, the controlled person [...

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others) ? WLR Daily

Posted on June 11, 2009
Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others [2009] UKHL 31; [2009] WLR (D) 178 “Employees were entitled to complain of the non-payment of statutory holiday pay as an unlawful deduction from wages pursuant to ss 13 and 23 of the Employment Rights Act 1996 as [...

R v Islam ? WLR Daily

Posted on June 11, 2009
R v Islam [2009] UKHL 30; [2009] WLR (D) 177 “When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the [...

Supperstone v Hurst and another ? WLR Daily

Posted on June 11, 2009
Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176 “The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made...

R v Fazal ? WLR Daily

Posted on June 11, 2009
R v Fazal [2009] WLR (D) 175 “A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant?s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002...

Why must a secret service fair hearing be heard in secret? ? The Times

Posted on June 11, 2009
“Former MI5 officers guard many secrets. But, as Dame Stella Rimington well knows, they can tell their own stories. A former agent has to seek prior approval for publication from his or her former employers and, if it is not given, any dispute will ultimately be adjudicated by a High Court Judge with all the [...

Case study: stateless Palestinian came to Britain as refugee ? The Times

Posted on June 11, 2009
“Mahmoud Abu Rideh is a stateless Palestinian who came to Britain as a refugee and in 1998 was granted indefinite leave to remain.” Full story The Times, 11th June 2009 Source: www.timesonline.co.uk

Recent Statutory Instruments ? OPSI

Posted on June 11, 2009
The National Health Service Trusts (Dissolution) (Wales) Order 2009 The Freedom of Information (Time for Compliance with Request) Regulations 2009 The Health Professions Council (Practice Committees and Miscellaneous Amendments Rules) Order of Council 2009 The Health Professions Council (Constitution) Order 2009 The Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009 The Amendments to Law (Resolution [...

Analysis: contol orders ruling ? information or freedom ? The Times

Posted on June 11, 2009
“Yesterday?s ruling highlights the conflicting demands faced by the Government since the September 11 attacks: the need to protect the public from terrorists and the fundamental rights of the individual.” Full story The Times, 11th June 2009 Source: www...

Civil justice system: why we are doing well but can do better ? The Times

Posted on June 11, 2009
“Ten years ago I took on the task of looking at how we could reform our slow and costly civil justice system. The resulting proposals were enshrined in new civil procedure rules (CPR). They were intended to transform, and I believe did transform, the legal system...

Metropolitan police officers flushed my head in toilet, says suspect ? The Guardian

Posted on June 11, 2009
“One of the victims of alleged torture by six Metropolitan police officers claims his head was thrust down a toilet which was repeatedly flushed over him as he was interrogated, the Guardian has learned.” Full story The Guardian, 10th June 2009 Source: www...

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