May 2008 – Page 5 – Current Awareness

R v Porter – WLR Daily

Posted May 23rd, 2008 in health & safety, law reports, school children by sally

R v Porter; [2008] WLR (D) 167

“There was no obligation upon an employer in the conduct of his undertaking to guard against those risks which were merely fanciful. The fact that risk was part of everyday life went to the issue whether an injured person had been exposed to real risk by the conduct of the operation in question. There was no objective standard which applied in every case but there would be important factors which would indicate one way or the other whether there was such a risk.”

WLR Daily, 23rd May 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.

In re Federal-Mogul Aftermarket UK Ltd and others – WLR Daily

Posted May 23rd, 2008 in insolvency, law reports, pensions by sally

In re Federal-Mogul Aftermarket UK Ltd and others [2008] EWHC 1099 (Ch); [2008] WLR (D) 166

“There was nothing in the rationale underlying the general application of the hindsight principle to contingent debts which should restrict its application to whether there had been an initial triggering event.”

WLR Daily, 23rd May 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.

R v Asfaw (United Nations High Commissioner for Refugees intervening) – WLR Daily

Posted May 23rd, 2008 in asylum, law reports by sally

R v Asfaw (United Nations High Commissioner for Refugees intervening)[2008] UKHL 31; [2008] WLR (D) 165

“A refugee, who arrived in the United Kingdom directly from the country of persecution in transit to a country of preferred refuge, was entitled to the protection from prosecution provided by art 31(1) of the 1951 Convention and 1967 Protocol relating to the Status of Refugees when, in attempting to leave the United Kingdom after a short stop-over she presented false documentation to the airline for onward travel to her intended sanctuary.”

WLR Daily, 23rd May 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.

McCann v United Kingdom – Times Law Reports

Posted May 23rd, 2008 in housing, human rights, law reports by sally

McCann v United Kingdom

European Court of Human Rights

“A local authority which bypassed the statutory scheme for evicting a tenant, had violated his right to respect for the home, as guaranteed by article 8 of the European Convention on Human Rights, when the summary procedure used had not provided appropriate procedural safeguards.”

The Times, 23rd May 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.

Wood v Director of Public Prosecutions – Times Law Reports

Posted May 23rd, 2008 in assault, law reports, police, restraint by sally

Wood v Director of Public Prosecutions

Queen’s Bench Division

“Where a police officer restrained a person, but did not at that time intend or purport to arrest him, he was committing an assault, even if an arrest would have been justified.”

The Times, 23rd May 2008

Source: www.timesonline.co.uk

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

King v Serious Fraud Office – Times Law Reports

Posted May 23rd, 2008 in jurisdiction, law reports, proceeds of crime, Scotland by sally

King v Serious Fraud Office

Court of Appeal

“A restraint order made in an English court after a request from a foreign prosecutor for such an order on property did not apply to property in Scotland.”

The Times, 23rd May 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.

Judge Khan and Judge J – Office of Judicial Complaints Investigation – Judiciary of England and Wales

Posted May 23rd, 2008 in disciplinary procedures, judges, news by sally

“Statement from the Judicial Communications Office.”

Full statement

Judiciary of England and Wales, 22nd May 2008

Source: www.judiciary.gov.uk

Time intervals for criminal proceedings in magistrates’ courts – Ministry of Justice

Posted May 23rd, 2008 in magistrates, press releases, statistics by sally

“The latest National Statistics release on time intervals for criminal proceedings in magistrates’ courts, released by the Ministry of Justice and produced in accordance with arrangements approved by the UK Statistics Authority.”

Full release

Ministry of Justice, 23rd May 2008

Source: www.justice.gov.uk

CPS ‘must focus on getting the basics right’ – The Bar Council

Posted May 23rd, 2008 in case management, Crown Prosecution Service, press releases by sally

“The Bar Council has responded to the findings of a report which shows that poor case management by the CPS is having a direct impact on court proceedings.”

Full press release

The Bar Council, 22nd May 2008

Source: www.barcouncil.org.uk

MPs reject cut in abortion limit – BBC News

Posted May 23rd, 2008 in abortion, news by sally

“The upper time limit for abortions will remain at 24 weeks after MPs voted against proposals to reduce it.”

Full story

BBC News, 21st May 2008

Source: www.bbc.co.uk

Trial over theme park ride death – BBC News

Posted May 23rd, 2008 in health & safety, news by sally

“A Pembrokeshire theme park accused of a fatal health and safety breach which allegedly caused the death of a teenager is to stand trial at crown court.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Life term for fatal city stabbing – BBC News

Posted May 23rd, 2008 in murder, news, sentencing by sally

“A 19-year-old who stabbed a father-of-three to death in a ‘cowardly attack’ has been jailed for life.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Murder nurse in conviction appeal – BBC News

Posted May 23rd, 2008 in appeals, murder, news, nurses by sally

“A nurse jailed for murdering elderly patients in his care by injecting them with insulin has launched a bid to appeal against his conviction.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Nurses sentenced over fit death – BBC News

Posted May 23rd, 2008 in care homes, homicide, negligence, news, nurses, sentencing by sally

“Two nurses who failed to help a woman during a fit lasting over two hours have received suspended jail terms.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Prison for speeding V-sign biker – BBC News

Posted May 23rd, 2008 in motorcycles, news, road traffic offences, sentencing, speed cameras by sally

“A motorcyclist who stuck two fingers up at a speed camera as he raced at up to three times the limit has been jailed.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Record year for press complaints – BBC News

Posted May 23rd, 2008 in complaints, media, news by sally

“The Press Complaints Commission (PCC) watchdog has dealt with a record number of complaints in the last year.”

Full story

BBC News, 22nd May 2008

Source: www.bbc.co.uk

Major UK drug gang jailed – The Independent

Posted May 23rd, 2008 in drug trafficking, news, sentencing by sally

“Five drug dealers, who pocketed millions flooding the country with amphetamines, cannabis, cocaine and ecstasy, were jailed for up to 14 years each today.”

Full story

The Independent, 23rd May 2008

Source: www.independent.co.uk

Freedom Of Information: MPs reach end of road in battle over secret expenses – The Independent

Posted May 23rd, 2008 in expenses, freedom of information, parliament, special report by sally

“A request to see MPs’ expenses seemed innocuous enough. But, says Robert Verkaik, Law Editor, the Commons authorities decided to fight it tooth and nail.”

Full story

The Independent, 23rd May 2008

Source: www.independent.co.uk