“Senior judges have dealt a blow to the ancient legal principle that a person is protected from incriminating himself.”
The Times, 29th May 2007
Source: www.timesonline.co.uk
Parent is owed no duty of care by children’s social workers
Lawrence v. Pembrokeshire County Council
Court of Appeal
“The right to respect for family life, guaranteed by article 8 of the European Convention on Human Rights, did not outweigh the duty of a local authority to protect children at risk by placing them on the Child Protection Register.”
The Times, 29th 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.
Civil search order discloses potential criminal liability
Court of Appeal
“Where the execution of a civil search order led to the discovery of obscene images of children, the common law privilege against self-incrimination did not prevent the court from directing that the material be passed to the police.”
The Times, 29th 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.
County’s duty as highway authority
O’Connor and Others v. Wiltshire County Council
Court of Appeal
“A county council could not contract out its liability to maintain a public highway even if the highway had been constructed by someone who had not been a highway authority and contribution towards the costs of the construction of the road had been made by a third party.”
The Times, 28th 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.
R v. Musone [2007] EWCA Crim 1237
“Cases in which a breach of procedural rules would entitle a court to exclude evidence of substantial probative value would be rare and a court should be most reluctant to exclude evidence of that quality for such a breach; none the less there would be cases where the only way in which the court could ensure fairness was by doing so.”
WLR Daily, 23rd 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.
R v. Tirnaveanu [2007] EWCA Crim 1239
“Evidence of misconduct by a defendant was evidence “to do with” the alleged facts of the offence with which the defendant was charged and therefore excluded from the definition of bad character in s 98(a) of the Criminal Justice Act 2003, if it had some nexus in time with that offence.”
WLR Daily, 24th 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.
“It was not within the contemplation of the Leasehold Reform, Housing and Urban Development Act 1993 that the leaseholder of a long lease of a building, which included multiple flats and common parts, came within the expression “a qualifying tenant of a flat” in s 56(1) so as to be able to exercise a statutory right to acquire a new long lease of a flat in the leased building, and the landlord of such a leaseholder was not bound to grant a new long lease.”
WLR Daily, 24th 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.
“In ancillary relief proceedings where the court was carrying out the statutory exercise under s 25 of the 1973 Act, consideration of the “sharing principle” was no longer required to be postponed until the end of the statutory exercise, and sharing had become a principle rather than a ‘yardstick for use as a check’.”
WLR Daily 24th May 2007
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
R (Baia and another v. Secretary of State for the Home Department
“The statutory scheme requiring permission by the Home Office for marriage by people subject to immigration control or those who had entered the United Kingdom illegally contravened arts 12 and 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms which guaranteed the right to marry and the right not to be discriminated against for reasons of nationality or religion.”
WLR Daily, 23rd 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.
“The Serious Organised Crime Agency (Soca), the UK equivalent of the FBI, has been strongly criticised by Law Lords [sic] in the Court of Appeal for its “unlawful” action in freezing payments to a company that the organisation believed may have been involved in a VAT fraud.”
The Independent, 27th May 2007
Source: www.independent.co.uk
“Tough new laws to prevent British consumers being ripped off by aggressive doorstep sellers and bogus prize-draw scams are to be enforced within a year.”
The Times, 28th May 2007
Source: www.timesonline.co.uk
“Moves to help police track sex offenders across the country have been delayed because of computer problems, prompting claims that public safety could be endangered as a result.”
The Independent, 29th May 2007
Source: www.independent.co.uk
“The Attorney General, Lord Goldsmith, is facing accusations that he told the Army its soldiers were not bound by the Human Rights Act when arresting, detaining and interrogating Iraqi prisoners.”
The Independent, 29th May 2007
Source: www.independent.co.uk
“A woman who had a backstreet abortion when she was seven-and-a-half months pregnant was convicted on a rare charge of child destruction yesterday.”
Daily Telegraph, 27th May 2007
Source: www.telegraph.co.uk
Related link: Child destruction: charge is rarely used
“Laws allowing problem families to be thrown out of their own homes will be in force within weeks in a fresh blitz on anti-social behaviour.”
Daily Telegraph, 27th May 2007
Source: www.telegraph.co.uk
“Government plans for new police powers to stop and question people were greeted with a barrage of criticism yesterday, after it emerged that senior police officers had neither requested the change nor been consulted. The Home Office confirmed that the power would be included in a counterterrorism bill to be announced in early June. But the vehemence and breadth of criticism led Home Office ministers to signal a willingness to compromise after the idea was also attacked by MPs, civil liberties and Muslim groups as unnecessary and harmful.”
The Guardian, 28th May 2007
Source: www.guardian.co.uk
“Britain’s ambassador to Moscow yesterday delivered a request for the extradition of the man suspected of murdering former KGB agent Alexander Litvinenko in London.”
The Guardian, 29th May 2007
Source: www.guardian.co.uk
“Patients at Rampton high security psychiatric hospital, which houses some of the country’s most dangerous criminals, are challenging a smoking ban in a test case which claims the refusal to permit cigarettes in the hospital’s buildings or grounds violates their human rights.”
The Guardian, 28th May 2007
Source: www.guardian.co.uk
“Scotland Yard’s head of counterterrorism has criticised what he called excessive secrecy in Britain’s terrorism trials, and he called for changes that would permit freer reporting and wider discussion.”
The Independent, 27th May 2007
Source: www.independent.co.uk
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