04/03/2008 – Current Awareness

“The Ministry of Justice has released a draft report that was prepared in 2003/04 by three criminal justice inspectorates following a joint inspection of the Crown Court … Although the report was not published at the time, and remains in draft format, a recent decision by the Information Commissioner has identified a genuine public interest in the disclosure of the report.”

Full story

Ministry of Justice, 4th March 2008

Source: www.justice.gov.uk

The future of blasphemy – BBC Law in Action

Posted March 4th, 2008 in blasphemy, special report by sally

“The government is committed to repealing the blasphemy laws – but do they serve a useful purpose?”

Full story

BBC Law in Action, 4th March 2008

Source: www.bbc.co.uk

Small print causes big concerns – BBC News

Posted March 4th, 2008 in contracts, news by sally

“Small is far from beautiful, according to an MP seeking a new law to make small print in contracts bigger.”

Full story

BBC News, 4th March 2008

Source: www.bbc.co.uk

Podcast 50: Timothy Dutton QC, Chairman of the Bar – Charon QC

Posted March 4th, 2008 in barristers, podcasts by sally

“Today I am talking to Timothy Dutton QC, Chairman of The Bar. Timothy Dutton QC was born in 1957 and was called to the Bar in 1979. He took silk in 1998. He practices in General Commercial, Public, Regulatory and Administrative Law, Professional Negligence and Disciplinary including sports.”

Podcast

Charon QC, 4th March 2008

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of Consilio.tv

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same – WLR Daily

Posted March 4th, 2008 in contracts, insurance, law reports by sally

Wasa International Insurance Co Ltd v Lexington Insurance Co; AGF Insurance Ltd v Same [2008] EWCA Civ 150; WLR (D) 69

“Where the wording in a contract of reinsurance was the same as or equivalent to that in the underlying contract of insurance, the two contracts should be given the same construction unless there were clear indications to the contrary.”

WLR Daily, 3rd March 2008

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.

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health – WLR Daily

Posted March 4th, 2008 in advertising, EC law, food, labelling, law reports by sally

Regina (The Infant and Dietetic Foods Association Ltd) v Secretary of State for Health; WLR (D) 68

“The reference to ‘products’ in art 18 of the Commission Directive 2006/141/EC on Infant Formulae and Follow-on Formulae was not limited to the compositional elements of the formulae but also covered packaging and labelling, with the result that the prohibition on trade in products which did not comply with the Directive was to have effect from 31 December 2009.”

WLR Daily, 3rd March 2008

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.

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another – WLR Daily

Posted March 4th, 2008 in appeals, immigration, law reports by sally

AS (Somalia) and another v Entry Clearance Officer, Addis Ababa and another [2008] EWCA Civ 149; WLR (D) 67

“While section 82(1) of the Nationality, Asylum and Immigration Act 2002 permitted an appeal against any immigration decision, in the case of refusal of entry clearance, as opposed to refusal of leave to enter, the tribunal could consider only the circumstances appertaining at the time of the decision to refuse.”

WLR Daily, 3rd March 2008

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.

Bar Council warns that Best Value Tendering scheme is flawed – The Bar Council

Posted March 4th, 2008 in barristers, legal aid, press releases, tenders by sally

“The Bar Council’s working group on Best Value Tendering (BVT) has warned that the Legal Services Commission’s (LSC) ideas will damage quality, reduce choice, and harm diversity. The Working Group, which is chaired by Vice-Chairman of the Bar Desmond Browne QC, has responded to the LSC Consultation Paper on BVT.”

Full story

The Bar Council, 3rd March 2008

Source: www.barcouncil.org.uk

Highest paid barristers from legal aid for the year ending 31 March 2007 – Ministry of Justice

Posted March 4th, 2008 in barristers, legal aid, news, remuneration by sally

“A breakdown of the ten highest paid criminal and civil barristers from the criminal defence service and the community legal service. The information covers the year ending 31 March 2007. A section on frequently asked questions about legal aid fees is also included in the document.”

Highest paid barristers for the year ending 31 March 2007 (PDF)

Ministry of Justice, 3rd March 2008

Source: www.justice.gov.uk

Marchant v Dixon – Times Law Reports

Posted March 4th, 2008 in divorce, law reports by sally

Marchant v Dixon

Court of Appeal

“The remarriage of a former wife soon after the making of a consent order as to financial arrangements in a divorce settlement did not necessarily invalidate that order. ”

The Times, 4th March 2008

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.

Retirement? I’m far, far too young – The Times

Posted March 4th, 2008 in law firms, retirement, special report by sally

“Judges can go on until 70. Top solicitors reach their sell-by date at 55 — or sooner. What happens when leading names in corporate firms have to move on?”

Full story

The Times, 4th March 2008

Source: www.timesonline.co.uk

Question of consent makes rape by a friend or boyfriend harder to prove – The Guardian

Posted March 4th, 2008 in rape, special report by sally

“Conviction rates have plummeted because women are reporting more cases of rape by people they know, but juries are reluctant to send someone to jail if the victim was drunk.”

Full story

The Guardian, 4th March 2008

Source: www.guardian.co.uk

Whitehall bungled miners’ compensation, say MPs – The Guardian

Posted March 4th, 2008 in compensation, industrial injuries, miners, news by sally

“Whitehall ‘seriously mismanaged’ a £4bn compensation scheme for former miners suffering from lung disease and physical injuries, a report by a committee of MPs said yesterday.”

Full story

The Guardian, 4th March 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted March 4th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141 (28 February 2008)

Giles v Rhind [2008] EWCA Civ 118 (28 February 2008)

Fulham Leisure Holdings Ltd v Nicholson Graham & Jones (A Firm) [2008] EWCA Civ 84 (28 February 2008)

Kosmar Villa Holidays Plc v Trustees of Syndicate 1243 [2008] EWCA Civ 147 (29 February 2008)

AS (Somalia) & Anor v Entry Clearance Officer, Addis Ababa & Anor [2008] EWCA Civ 149 (29 February 2008)

Wasa International Insurance Company Ltd. v Lexington Insurance Company [2008] EWCA Civ 150 (29 February 2008)

Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 (29 February 2008)

Olafsson v Gissurarson [2008] EWCA Civ 152 (03 March 2008)

Court of Appeal (Criminal Division)

Cockburn, R v [2008] EWCA Crim 316 (28 February 2008)

R v R [2008] EWCA Crim 370 (29 February 2008)

High Court (Queen’s Bench Division)

Kurtha v Marks [2008] EWHC 336 (QB) (27 February 2008)

Caudle v Ld Law Ltd. [2008] EWHC 374 (QB) (29 February 2008)

High Court (Administrative Court)

Asghar & Co Solicitors, R (on the application of) v The Law Society [2008] EWHC 342 (Admin) (27 February 2008)

Secretary of State for the Home Department v AN [2008] EWHC 372 (Admin) (29 February 2008)

Privy Council

Pitman v. The State (Trinidad And Tobago) [2008] UKPC 16 (3 March 2008)

Knight v. Attorney General of the Cayman Islands (Cayman Islands) [2008] UKPC 14 (25 February 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted March 4th, 2008 in legislation by sally

The Housing (Right to Buy) (Priority of Charges) (Wales) Order 2008

The Childcare Act 2006 (Local Authority Assessment) (Wales) Regulations 2008

The Proceeds of Crime Act 2002 (Legal Expenses in Civil Recovery Proceedings) (Amendment) Regulations 2008

The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008

The Car Fuel Benefit Order 2008

The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008

The Shropshire (Structural Change) Order 2008

The County Durham (Structural Change) Order 2008

The Northumberland (Structural Change) Order 2008

Source: www.opsi.gov.uk

Anger as inmate flees open prison – BBC News

Posted March 4th, 2008 in news, prisons by sally

“Demands to know why a violent robber with 100 previous offences who has absconded from an open prison was there in the first place have been made.”

Full story

BBC News, 4th March 2008

Source: www.bbc.co.uk

Brothers jailed for £220k fraud – BBC News

Posted March 4th, 2008 in benefits, conspiracy, fraud, news, sentencing by sally

“Two brothers have been jailed for falsely claiming more than £220,000 in housing and council tax benefits.”

Full story

BBC News, 3rd March 2008

Source: www.bbc.co.uk

Jewish race row threatens school admissions – Daily Telegraph

Posted March 4th, 2008 in employment, news by sally

“The parents of a 13-year-old girl are to bring a landmark court case that could force religious schools to water down their admissions policies.”

Full story

Daily Telegraph, 4th March 2008

Source: www.telegraph.co.uk

Rape cases: police admit failing victims – The Guardian

Posted March 4th, 2008 in news, police, rape by sally

“Police are contributing to the ‘appalling’ conviction rate in rape cases because officers too often fail to take alleged victims seriously enough and settle for mediocrity in their inquiries, the senior policeman responsible for raising standards in rape investigations has told the Guardian.”

Full story

The Guardian, 4th March 2008

Source: www.guardian.co.uk