Month: November 2008

Ignaoua v Judicial Authority of the Courts of Milan: [2008] EWHC 2619 (Admin); [2008] WLR (D) 340

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Ignaoua v Judicial Authority of the Courts of Milan – WLR Daily

Posted November 3rd, 2008 in extradition, habeas corpus, jurisdiction, law reports by sally

“Where a designated District Judge had made a decision under Part 1 of the Extradition Act 2003, an application for a writ of habeas corpus ad subjiciendum was precluded by the requirement in s 34 of the Act that such a decision might be questioned only by means of an appeal under Part 1.”

WLR Daily, 31st October 2008

G v HM Treasury; A and others v Same [2008] EWCA Civ 1187; [2008] WLR (D) 339

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

G v HM Treasury; A and others v Same – WLR Daily

Posted November 3rd, 2008 in Crown, law reports, orders in council, terrorism by sally

“The Terrorism (United Nations Measures) Order 2006 was lawful and validly made under s 1 of the United Nations Act 1946 provided certain words were severed from art 4(2) so that it required the Treasury to show that it had reasonable grounds for suspecting that the person designated was involved in committing or facilitating terrorism and not merely might be such a person. The Al-Qaida and Taliban (United Nations Measures) Order 2006 was also valid and lawful so long as the designated individual was entitled to a merits based review of his case.”

WLR Daily, 31st October 2008

Warner v Verfides (Hafner and another intervening) [2008] EWHC 2609 (Ch); [2008] WLR (D) 338

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Warner v Verfides (Hafner and another intervening) – WLR Daily

Posted November 3rd, 2008 in disclosure, human rights, insolvency, law reports by sally

“There was no reason why documents created by one party and sent to another should cease to be “correspondence” on their receipt by the latter. In the case of business correspondence, it could still engage the right to respect for private life under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms.”

WLR Daily, 31st October 2008

Scottish and Newcastle plc v Raguz

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Daily Cause List, 3rd November 2008

Posted November 3rd, 2008 in news by sally

Monday 3rd November 2008

Source: www.hmcourts-service.gov.uk

Please note only the current day’s cause list will be accessible

Scottish and Newcastle plc v Raguz – Times Law Reports

Posted November 3rd, 2008 in assignment, law reports, leases, rent, retrospectivity by sally

House of Lords

“Rent increases that would become retrospectively payable under uncompleted rent reviews had not been ‘now due’ within the meaning of section 17 of the Landlord and Tenant (Covenants) Act 1995 and the landlords had not been required to serve protective notices on assignors under that section in respect of them.”

The Times, 3rd November 2008

Littlewoods Retail Ltd & Ors v Revenue & Customs [2008] EWHC 2622 (QB) (31 October 2008)

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

BAILII: Recent Decisions

Posted November 3rd, 2008 in law reports by sally

High Court (Queen’s Bench Division)

High Court (Chancery Division)

Power v Petrus Estates Ltd & Ors [2008] EWHC 2607 (Ch) (31 October 2008)

High Court (Administrative Court)

Ignaoua & Ors v The Judicial Authority of the Courts of Milan & Ors [2008] EWHC 2619 (Admin) (30 October 2008)

West Midlands Probation Board v French [2008] EWHC 2631 (Admin) (31 October 2008)

Purdy, R (on the application of) v Director of Public Prosecutions & Anor [2008] EWHC 2565 (Admin) (29 October 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 3rd, 2008 in legislation by sally

The Remand on Bail (Disapplication of Credit Period) Rules 2008

The Civil Contingencies Act 2004 (Amendment of List of Responders) Order 2008

The Contracting Out (Administrative and Other Court Staff) (Amendment) Order 2008

The Appointments Commission (Amendment) Regulations 2008

Source: www.opsi.gov.uk

Domestic violence accounts for 16% of reported violent incidents, report says – The Guardian

Posted November 3rd, 2008 in domestic violence, news by sally

“Domestic violence accounts for 16% of all reported violent incidents and has more repeat victims than any other crime, according to a Home Office report published today.”

The Guardian, 31st October 2008

Source: www.guardian.co.uk

Lord Chief Justice orders review over fears killers wrongly having sentences reduced – Daily Telegraph

Posted November 3rd, 2008 in dangerous offenders, news, parole, sentencing by sally

“The Lord Chief Justice has ordered immediate changes to the system of reviewing jail terms after learning that killers could be having their tariffs wrongly reduced because vital information is not seen by judges.”

Daily Telegraph, 3rd November 2008

Source: www.telegraph.co.uk

Law could become the preserve of privileged few once more, says Bar – The Times

Posted November 3rd, 2008 in legal aid, news by sally

“Cuts in funding for the courts or legal aid fees risk damaging the diversity of the legal profession, the courts and the judiciary, according to the Bar chairman.”

The Times, 1st November 2008

New privacy row over lost data – The Guardian

Posted November 3rd, 2008 in data protection, government departments, news by sally

“The government was embarrassed by another data-loss scandal last night when the private details of up to 12 million people were put at risk after a memory stick was found in a pub car park.”

The Guardian, 2nd November 2008

Source: www.guardian.co.uk

Half of councils use anti-terror laws to spy on ‘bin crimes’ – Daily Telegraph

Posted November 3rd, 2008 in investigatory powers, local government, news by sally

“More than half of councils are using anti-terror laws to spy on families suspected of ‘bin crimes’, it has emerged.”

Daily Telegraph, 1st November 2008

Source: www.telegraph.co.uk

Too many solicitors are no good in court, say barristers – The Times

Posted November 3rd, 2008 in advocacy, news, solicitors by sally

“A furious row has erupted with barristers blaming solicitors for what they say are appalling standards of advocacy in criminal trials.”

The Times, 3rd November 2008

MoD ‘can be sued’ over SAS deaths – The Guardian

Posted November 3rd, 2008 in Afghanistan, armed forces, human rights, negligence, news by sally

“The families of three SAS soldiers and a female corporal killed in Afghanistan when their Land Rover hit a landmine have a strong legal basis for suing the Ministry of Defence under the European Convention on Human Rights, according to a senior barrister.”

The Guardian, 2nd November 2008

Source: www.guardian.co.uk

No court martial for sergeant blamed over soldiers’ deaths – The Independent

Posted November 3rd, 2008 in courts martial, news by sally

“An army sergeant who gave the wrong co-ordinates to a US warplane which dropped a 500lb bomb on British troops in Afghanistan, killing three of them, will not face a court martial, it emerged yesterday.”

The Independent, 1st November 2008

Source: www.independent.co.uk

Are judges ‘cautious’ about human rights? – Daily Telegraph

Posted November 3rd, 2008 in adoption, human rights, judiciary, news, Northern Ireland by sally

“Law lord says they should boldly go where the European Court of Human Rights fears to tread, even if this will mean unmarried couples in Northern Ireland applying to adopt.”

Daily Telegraph, 31st October 2008

Source: www.telegraph.co.uk

Early release mistakes criticised – BBC News

Posted November 3rd, 2008 in early release, news, prisons by sally

“Opposition ministers have criticised the early release from prison of two criminals who had committed serious violent attacks.”

BBC News, 31st October 2008

Source: www.bbc.co.uk

Law firms braced for poor results and job cuts – The Times

Posted November 3rd, 2008 in law firms, news by sally

“Britain’s leading law firms are bracing themselves for the release of gloomy half-year results this week with early signs showing that the recent boom in commercial legal services has ended abruptly. Only two leading firms, Lovells and CMS Cameron McKenna, are projecting double-digit revenue growth for the six months to October 31, in contrast to the last full-year results released in July, when many City firms reported increases of between 10 and 30 per cent.”

The Times, 3rd November 2008

Court hears minister bribe claim – BBC News

Posted November 3rd, 2008 in bribery, news by sally

“Former Tory Home Secretary Michael Howard was rumoured to have been bribed ‘about’ £400,000 to release two drug smugglers from jail, a court has heard.”