24/10/2008 – Current Awareness

“Comedian Matt Lucas and his partner Kevin McGree are splitting up, in what has been described as the first “gay divorce”. So what’s different about the break-up of a civil partnership?”

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BBC News Magazine, 24th October 2008

Source: www.bbc.co.uk

Royal Marine jailed for stealing medals from comrades – The Guardian

Posted October 24th, 2008 in armed forces, news, sentencing, theft by sally

“A ‘despicable’ Royal Marine who stole dozens of medals from his comrades and sold them for more than £20,000 has been jailed for more than three years.”

Full story

The Guardian, 24th October 2008

Source: www.guardian.co.uk

Ministers bow to pressure over ‘power of attorney’ – The Times

Posted October 24th, 2008 in news, powers of attorney by sally

“Ministers have bowed to criticisms over the delays, costs and complexities in new procedures for managing the affairs of elderly vulnerable people.”

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The Times, 24th October 2008

Source: www.timesonline.co.uk

Man jailed for sleepover shooting – BBC News

Posted October 24th, 2008 in firearms, grievous bodily harm, news, sentencing by sally

“A man who shot a teenage girl in the head at a sleepover party has been jailed for eight years.”

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BBC News, 24th October 2008

Source: www.bbc.co.uk

Businessman jailed for downloading ‘horrific’ child porn – The Independent

Posted October 24th, 2008 in children, news, pornography, sentencing by sally

“A businessman and former chamber of commerce member was jailed today for downloading some of the worst images of child pornography, including babies.”

Full story

The Independent, 24th October 2008

Source: www.independent.co.uk

Father jailed for 22 years for baby’s murder – The Independent

Posted October 24th, 2008 in child abuse, murder, news, sentencing by sally

“A man who killed his 16-month-old daughter by snapping her spine in a ‘chilling and brutal attack’ following months of abuse was told today that he must spend at least 22 years in prison.”

Full story

The Independent, 24th October 2008

Source: www.independent.co.uk

BAILII: Recent Decisions

Posted October 24th, 2008 in law reports by sally

Court of Appeal (Criminal Division)

Barker, R v [2008] EWCA Crim 2395 (24 October 2008)

Doody, R v [2008] EWCA Crim 2394 (24 October 2008)

Times Newspapers Ltd & Ors v R. & Ors [2008] EWCA Crim 2396 (24 October 2008)

Court of Appeal (Civil Division)

Yorkshire Bank Finance Ltd v Mulhall & Anor [2008] EWCA Civ 1156 (24 October 2008)

Source: www.bailii.org

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) – WLR Daily

Posted October 24th, 2008 in benefits, disabled persons, homelessness, human rights, law reports by sally

R (RJM) v Secretary of State for Work and Pensions (Equality and Human Rights Commission intervening) [2008] UKHL 63; [2008] WLR (D) 00; [2008] WLR (D) 328

“The policy of disentitling persons without accommodation from receiving the disability premium to which they would otherwise be entitled in their income support amounted to discrimination within art 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms but it was lawful as it could be justified on policy grounds.”

WLR Daily, 23rd October 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 (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) – WLR Daily

Posted October 24th, 2008 in complaints, human rights, law reports, personal injuries, police by sally

R (Reynolds) v Independent Police Complaints Commission (Chief Constable of Sussex Police appearing as interested party) [2008] EWCA Civ 1160; [2008] WLR (D) 327

“Where a man who had been arrested for being drunk and disorderly was found, while in custody, to be in a coma and was later shown to be suffering from a serious injury which might have been caused during or before he was taken into custody, the Independent Police Complaints Commission had a power and a duty independently to investigate the cause of the injury even if that meant that it had to investigate events which occurred before the man had come into contact with the police.”

WLR Daily, 23rd October 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.

Helow v Secretary of State for the Home Department – WLR Daily

Posted October 24th, 2008 in bias, judiciary, law reports, race discrimination, Scotland by sally

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 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.

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) – WLR Daily

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

EM (Lebanon) v Secretary of State for the Home Department (AF and others intervening) [2008] UKHL 64; [2008] WLR (D) 00; [2008] WLR (D) 325

“The removal of a foreign national from the United Kingdom was unlawful, as incompatible with the United Kingdom’s obligations under art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, if it would amount to a flagrant breach of her right to respect for her family life so as to completely deny or nullify that right in the destination country.”

WLR Daily, 23rd October 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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn – WLR Daily

Posted October 24th, 2008 in arbitration, jurisdiction, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324

“Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996.”

WLR Daily, 23rd October 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 (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) – WLR Daily

Posted October 24th, 2008 in disclosure, human rights, law reports, terrorism by sally

R (Binyam Mohamed) v Secretary of State for Foreign and Commonwealth Affairs (3) [2008] EWHC 2519 (Admin); [2008] WLR (D) 323

“In the light of the stance taken by the US government that it would reconsider the intelligence relationship between the United States and the United Kingdom if the court were to make the order sought by the claimant, the appropriate course was to stay proceedings until after the outcome of the forthcoming hearing in the US Federal District Court, in the hope that a means would be found under the United States’ own judicial procedures of securing disclosure of the potentially exculpatory documents to the claimant’s US lawyers and thereby bringing the matter to an early and just resolution.”

WLR Daily, 23rd October 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 (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – WLR Daily

Posted October 24th, 2008 in Chagos Islands, law reports, prerogative powers by sally

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322

“Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

WLR Daily, 23rd October 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 v M (Restraint order: Jurisdiction) – Times Law Reports

Posted October 24th, 2008 in contempt of court, jurisdiction, law reports, restraint orders by sally

Regina v M (Restraint order: Jurisdiction)

Court of Appeal

“A trial judge did have jurisdiction to try an application by the prosecution for a defendant to be committed for contempt for allegedly breaching a restraint order.”

The Times, 24th October 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.

EM (Lebanon) v Secretary of State for the Home Department – Times Law Reports

Posted October 24th, 2008 in children, divorce, human rights, immigration, law reports by sally

EM (Lebanon) v Secretary of State for the Home Department

House of Lords

“The removal of a foreign national from the United Kingdom would be incompatible with the United Kingdom’s obligations under article 8 of the European Convention on Human Rights as it would completely deny or nullify her right to family life in the destination country.”

The Times, 24th October 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.

Legal defeat for neighbours who complain of pub and church bell noise – Daily Telegraph

Posted October 24th, 2008 in news, noise by sally

“People who buy homes near church bells or cricket pitches then complain about the noise should just tolerate it, the High Court has ruled.”

Full story

Daily Telegraph, 24th October 2008

Source: www.telegraph.co.uk

Isle of Man’s Kaupthing Singer & Friedlander investors plan legal action – The Times

Posted October 24th, 2008 in banking, news by sally

“Thousands of depositors who held more than £800 million in offshore accounts with Kaupthing Singer & Friedlander, the failed Icelandic-owned bank, are preparing to take legal action to get their money back.”

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The Times, 24th October 2008

Source: www.timesonline.co.uk

Violent crime underestimated for 10 years – The Independent

Posted October 24th, 2008 in crime, news, police, statistics by sally

“Police have been under-recording the most serious violent crimes for up to a decade, the Home Office admitted, as figures revealed an apparent 22 per cent increase in incidents this year. Conservatives said the Government’s claims to have cut crime were ‘fatally undermined’ as reports of violent crimes from murders to grievous bodily harm leapt during the year to June, after officials discovered hundreds of incidents had been wrongly recorded by a string of police forces. As many as 13 forces had been recording offences of grievous bodily harm with intent in a lower category, when they should have been included in figures for the most serious offences.”

Full story

The Independent, 24th October 2008

Source: www.independent.co.uk