Month: April 2008

Regina (Black) v Secretary of State for Justice – Times Law Reports

Posted April 18th, 2008 in human rights, law reports, parole, prisons by sally

Regina (Black) v Secretary of State for Justice

Court of Appeal

“Section 35 of the Criminal Justice Act 1991, giving the Secretary of State for Justice power to block the release on licence of prisoners sentenced between 1991 and 2003 to prison terms of more than 15 years, was not compatible with article 5.4 of the European Convention on Human Rights, providing that anyone deprived of his liberty had the right to have the lawfulness of his detention decided speedily by a court.”

The Times, 18th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council – Times Law Reports

Posted April 18th, 2008 in injunctions, law reports, rights of way, roads by sally

Sisters of the Sacred Heart of Mary Ltd and Others v Kingston upon Thames Borough Council

Chancery Division

“The introduction by Kingston upon Thames Borough Council of an unmanned code-operated barrier to control entry to Warren Road, a private road that provided access from a public road to the Coombe Estate, would amount to a substantial interference with the statutory rights of the Sisters of the Sacred Heart of Mary Ltd, Holy Cross Sisters Trustees Inc, Rokeby Educational Trust Ltd, who run three schools, and Unilever plc, who run a training centre, to use the relevant roads for going to or leaving their premises.”

The Times, 18th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Regina v Blythe – Times Law Reports

Posted April 18th, 2008 in law reports, sentencing, sexual offences by sally

Regina v Blythe

Court of Appeal (Criminal Division)

“Offences of engaging in sexual activity in the presence of a child or causing a child to watch a sexual act were not serious specified sexual offences for the purposes of the provisions relating to dangerous offenders if the defendant was under 18.”

The Times, 18th April 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21days from the date of publication.

Inmates win ‘cold turkey’ payout – The Times

Posted April 18th, 2008 in compensation, human rights, news, prisons by sally

“Taxpayers have footed a £1 million compensation bill after almost 200 drug-addicted prisoners sued the Government, claiming that denying them a heroin substitute breached their human rights.”

Full story

The Times, 18th April 2008

Source: www.timesonline.co.uk

Now, even the pro bono units can’t afford to stay open – The Times

Posted April 18th, 2008 in law centres, pro bono work, special report by sally

“The shake-up in legal aid is having a devastating effect on law centres – hitting some of those most deserving of legal help.”

Full story

The Times, 17th April 2008

Source: www.timesonline.co.uk

BT’s secret Phorm trials open door to corporate eavesdropping – The Register

Posted April 18th, 2008 in advertising, internet, investigatory powers, news, privacy, telecommunications by sally

“The government has refused to investigate BT’s covert wiretapping of thousands of its customers in 2006 and 2007, despite its own expert’s view that without consent Phorm’s advertising targeting technology is a breach of criminal law.”

Full story

The Register, 17th April 2008

Source: www.theregister.co.uk

EU privacy chief wants data breach law for business – OUT-LAW.com

Posted April 18th, 2008 in data protection, EC law, news, telecommunications by sally

“The privacy watchdog for EU institutions has called for a planned requirement for telecoms companies to publish details of information security breaches to be extended to banks, businesses and medical bodies.”

Full story

OUT-LAW.com, 17th April 2008

Source: www.out-law.com

Colleagues jailed for race abuse – BBC News

Posted April 18th, 2008 in harassment, news, racism, sentencing by sally

“Three men have been jailed for three years for a campaign of racial harassment against a Muslim colleague.”

Full story

BBC News, 17th April 2008

Source: www.bbc.co.uk

Lawyer Gill Switalski seeks £19m after losing her job in sex bias ordeal – The Times

Posted April 18th, 2008 in harassment, news, sex discrimination by sally

“A top City lawyer who won a claim for sex discrimination after being driven from her job in an 18-month campaign of bullying is seeking £19 million in compensation.”

Full story

The Times, 18th April 2008

Source: www.timesonline.co.uk

The case of Sgt Eros and his police truncheon – Daily Telegraph

Posted April 18th, 2008 in news, offensive weapons, police by sally

“Three judges have been asked to decide whether a male stripper who dresses as a policeman should be allowed to carry a real truncheon.”

Full story

Daily Telegraph, 18th April 2008

Source: www.telegraph.co.uk

Sisters celebrate court bingo win – BBC News

Posted April 18th, 2008 in contracts, gambling, news by sally

“Two women who sued their sister for a share of a £50,000 bingo win have been awarded the money by a judge.”

Full story

BBC News, 17th April 2008

Source: www.bbc.co.uk

Serious Fraud Office set to fight devastating arms deal judgment – The Times

Posted April 18th, 2008 in appeals, bribery, corruption, news, Saudi Arabia by sally

“The Serious Fraud Office is to appeal against the devastating court ruling that it acted unlawfully by dropping its investigation into BAE Systems.”

Full story

The Times, 18th April 2008

Source: www.timesonline.co.uk

Mother guilty over heroin death – BBC News

Posted April 17th, 2008 in drug abuse, homicide, negligence, news by sally

“The mother of a teenager who died of a heroin overdose has been found guilty at Swansea Crown Court of her manslaughter through gross negligence.”

Full story

BBC News, 17th April 2008

Source: www.bbc.co.uk

Six guilty of terrorism support – BBC News

Posted April 17th, 2008 in incitement, news, terrorism by sally

“A man who heckled then Home Secretary John Reid during a speech has been convicted of terrorist fund-raising and inciting terrorism overseas.”

Full story

BBC News, 17th April 2008

Source: www.bbc.co.uk  

Gang jailed for £6m holiday scam – BBC News

Posted April 17th, 2008 in conspiracy, fraud, news by sally

“A gang that cheated thousands of people in a £6m holiday scam have been jailed for up to seven years each.”

Full story

BBC News, 17th April 2008

Source: www.bbc.co.uk

Two men convicted after 5am swim with dolphin – The Guardian

Posted April 17th, 2008 in animals, news by sally

“Two men were today found guilty of harassing a dolphin when they frolicked in the sea with it after leaving a party in the early hours of the morning.”

Full story

The Guardian, 17th April 2008

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted April 17th, 2008 in law reports by sally

High Court (Queen’s Bench Division)

Laroche v Spirit of Adventure (UK) Ltd [2008] EWHC 788 (QB) (17 April 2008)

Gower Chemicals Group Litigation v Gower Chemicals Ltd & Anor [2008] EWHC 735 (QB) (17 April 2008)

Cumbria Waste Management Ltd & Anor v Baines Wilson (A Firm) [2008] EWHC 786 (QB) (16 April 2008)

Jones v Royal Devon & Exeter NHS Foundation Trust [2008] EWHC 558 (QB) (20 March 2008)

Cornes v Southwood [2008] EWHC 369 (QB) (10 March 2008)

Tele2 International Card Company SA & Ors v Post Office Ltd [2008] EWHC 158 (QB) (25 February 2008)

Source: www.bailii.org

BAILII: Recent Decisions

Posted April 17th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Kuzel v Roche Products Ltd [2008] EWCA Civ 380 (17 April 2008)

Manchester City Council v Moran & Anor [2008] EWCA Civ 378 (17 April 2008)

TRM Copy Centres (UK) Ltd & Ors v Lanwall Services Ltd [2008] EWCA Civ 382 (17 April 2008)

Duffield & Anor v Gandy [2008] EWCA Civ 379 (17 April 2008)

Dunn v Parole Board [2008] EWCA Civ 374 (16 April 2008)

A v Essex County Council [2008] EWCA Civ 364 (16 April 2008)

Abbey Mine Ltd v Coal Authority & Anor [2008] EWCA Civ 353 (16 April 2008)

Bonham & Anor v Fishwick & Anor [2008] EWCA Civ 373 (16 April 2008)

Black, R (on the application of) v Secretary of State for Justice [2008] EWCA Civ 359 (15 April 2008)

Court of Appeal (Criminal Division)

McKenzie v R [2008] EWCA Crim 758 (11 April 2008)

R v R [2008] EWCA Crim 678 (4 April 2008)

High Court (Administrative Court)

Varma v General Medical Council [2008] EWHC 753 (Admin) (16 April 2008)

Smith v The Assistant Deputy Coroner for Oxfordshire [2008] EWHC 694 (Admin) (11 April 2008)

High Court (Family Division)

London Borough of Ealing v KS & Ors [2008] EWHC 636 (Fam) (03 April 2008)

S v S [2008] EWHC 519 (Fam) (19 March 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted April 17th, 2008 in legislation by sally

The Occupational Pension Schemes (Employer Debt – Apportionment Arrangements) (Amendment) Regulations 2008

The Trade Marks (Earlier Trade Marks) Regulations 2008

The Disease Control (England) (Amendment) Order 2008

The Further Education and Training Act 2007 (Commencement No. 1) (England and Wales) Order 2008

The Transfer of Functions (Miscellaneous) Order 2008

Source: www.opsi.gov.uk

Gangmaster stripped of licence for abusing migrant workers – The Guardian

Posted April 17th, 2008 in gangmasters, news by sally

“A gangmaster who supplied migrant workers to harvest leeks sold at Sainsbury’s has lost his licence after being found guilty of abuse, it emerged yesterday.”

Full story

The Guardian, 17th April 2008

Source: www.guardian.co.uk