Held asylum seeker given £38,000 – BBC News
“An African asylum seeker who fled her homeland after being tortured and raped has been awarded £38,000 after a judge ruled her detention ‘unlawful’.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
Day: 4 December 2008
Mother guilty over Shannon kidnap – BBC News
“The mother of Shannon Matthews has been found guilty of charges relating to her daughter’s disappearance.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
DNA database innocents win landmark European court ruling – Daily Telegraph
“Two men from Sheffield, South Yorkshire, who were previously cleared of criminal charges, have won a major victory after the European Court of Human Rights ruled keeping their DNA on the British police database breached their human rights.”
Daily Telegrap, 4th December 2008
Source: www.telegraph.co.uk
Recent Statutory Instruments – OPSI
The Legal Services Act 2007 (Functions of a Designated Regulator) Order 2008
The Domestic Violence, Crime and Victims Act 2004 (Commencement No. 10) Order 2008
The Definition of Financial Instrument Order 2008
The Financial Assistance Scheme (Amendment) Regulations 2008
The Takeover Code (Concert Parties) Regulations 2008
The Occupational Pensions (Revaluation) Order 2008
The Alcoholic Liquor (Surcharge on Spirits Duty) Order 2008
Source: www.opsi.gov.uk
BAILII : Recent Decisions
High Court (Queen’s Bench Division)
Gorecia & Ors v Somani & Ors [2008] EWHC 2970 (QB) (03 December 2008)
Source: www.bailli.org
R (Barclay and others) v Lord Chancellor and Secretary of State for Justice and others – WLR Daily
“The Reform (Sark) Law 2008, which, inter alia, provided, in relation to the Island of Sark, a Crown Dependency and a part of the Bailiwick of Guernsey, for the Seneschal, the senior judge of Sark, to remain as an unelected member and President of the Chief Pleas, the island’s legislature, did not breach art 3 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th December 2008
Source: www.lawreports.co.uk
R (DB) v Nottinghamshire Healthcare NHS Trust – WLR Daily
R (DB) v Nottinghamshire Healthcare NHS Trust [2008] EWCA Civ 1354; [2008] WLR (D) 375
“The effect of an order for the admission and detention of an offender in a hospital, within s 37 of the Mental Health Act 1983, was limited by s 40 to the period of 28 days from the date of the making of the order. A subsequent amendment of the order did not authorise admission after the 28-day period in the original order.”
WLR Daily, 3rd December 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 A – WLR Daily
R v A [2008] EWCA Crim 2908; [2008] WLR (D) 374
“The expression ‘new and compelling evidence … in relation to the qualifying offence’ in s 78(1) of the Criminal Justice Act 2003 was not restricted to further evidence either from an individual who suggested that the defendant had admitted after the trial that he was guilty of the offence or from newly emerging witnesses who said that they had heard or seen something at the time which directly supported the relevant complaint.”
WLR Daily, 3rd December 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.
Kaczmarek v Secretary of State for Work and Pensions – Times Law Reports
Kaczmarek v Secretary of State for Work and Pensions
Court of Appeal
“A citizen of a European Union member state who had no right to live in the United Kingdom under domestic or European law, even though she was lawfully present, was not eligible for income support.”
The Times, 4th December 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.
Attorney-General’s Reference (No 55 of 2008) – Times Law Reports
Attorney-General’s Reference (No 55 of 2008)
Court of Appeal, Criminal Division
“Recent amendments to the assessment of dangerousness provisions allowed the court to exercise its judgment, untrammeled by artificial constraints, as to whether a sentence of imprisonment for public protection should be passed if the necessary criteria were established.”
The Times, 4th December 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.
Costs, targets, paperwork: why the system fails children at risk – The Times
“Ed Balls moved swiftly to remove Sharon Shoesmith from her post, and states that every local council must learn the lessons of Baby P’s death. But in many ways, Shoesmith was the perfect children’s director for the new-look Department for Children, Schools and Families.”
The Times, 4th December 2008
Source: www.timesonline.co.uk
Government cracks down on irresponsible drinking – Home Office
“A ban on ‘all you can drink’ promotions in pubs and bars has been announced by the Home Secretary Jacqui Smith and Health Secretary Alan Johnson.”
Home Office, 3rd December 2008
Source: www.homeoffice.gov.uk
Borders, Immigration and Citizenship Bill – UK Border Agency
“A bill will be brought forward to strengthen border controls, by bringing together customs and immigration powers, and to ensure that newcomers to the United Kingdom earn the right to stay”
UK Border Agency, 3rd December 2008
Source: www.ukba.homeoffice.gov.uk
Life term for neck-stab teenager – BBC News
“A teenager has been jailed for life for murdering a man after he had been lecherous towards her and her friends.”
BBC News, 3rd December 2008
Source: www.bbc.co.uk
Budget airlines break new rules on opt-in website pricing – OUT-LAW.com
“Budget airlines Ryanair and easyJet are failing to comply with European laws that ban pre-checked boxes on websites that sell flight tickets. New rules provide that optional price supplements must be accepted on an ‘opt-in’ basis.”
OUT-LAW.com, 3rd December 2008
Source: www.out-law.com
Competition Commission casts doubt on broadcasters’ online shop- OUT-LAW.com
“The Competition Commission has provisionally concluded that a proposed joint venture among the UK’s biggest broadcasters will restrict competition in the supply of video on-demand (VOD) services in the UK.”
OUT-LAW.com, 3rd December 2008
Source: www.out-law.com
Jail for gang who targeted trains – BBC News
“A gang of thieves who targeted passengers on London trains has been handed lengthy jail terms.”
BBC News, 3rd December 2008
Source: www.bbc.co.uk
Fan’s High Court bid for freedom – BBC News
“Jailed Liverpool fan Michael Shields is due to take his bid for freedom to the High Court in London.”
BBC News, 4th December 2008
Source: www.bbc.co.uk
One million could be removed from DNA database if Government loses test case – Daily Telegraph
“The police could be forced to wipe the profiles of nearly one million innocent people from the national DNA database if the Government loses a key test case today.”
Daily Telegraph, 4th December 2008
Source: www.telegraph.co.uk
Personal data on British citizens to be swapped by civil servants – Daily Telegraph
“Public bodies including councils, NHS Trusts, the police, the DVLA and Government department will be allowed to share information about individuals without the need to ask Parliament. They will only need to get the permission of ministers.”
Daily Telegraph, 4th December 2008
Source: www.telegraph.co.uk
