Recent Statutory Instruments – OPSI

Posted December 13th, 2008 in legislation by sally

The Merchant Shipping (Vessel Traffic Monitoring and Reporting Requirements) (Amendment) Regulations 2008

The Health in Pregnancy Grant (Entitlement and Amount) Regulations 2008

The Legislative Reform (Minor Variations to Premises Licences and Club Premises Certificates) Order 2009

The Police and Criminal Evidence Act 1984 (Codes of Practice) (Revisions to Code A) (No. 2) Order 2008

The Nursing and Midwifery Council (Midwifery and Practice Committees) (Constitution) Rules Order of Council 2008

Source: www.opsi.gov.uk

Judges rule on witness anonymity – BBC News

Posted December 13th, 2008 in anonymity, news, witnesses by sally

“Emergency laws to protect the anonymity of witnesses do not allow them to have their evidence read out in their absence, appeal judges have ruled.”

Full story

BBC News, 13th December 2008

Source: www.bbc.co.uk

Menezes family lawyer calls for perjury probe – The Independent

Posted December 13th, 2008 in firearms, inquests, news, perjury, police by sally

“The police officers who claimed to have shouted warnings to Jean Charles de Menezes before he was shot dead should be investigated for possible perjury, a lawyer for the family said today.”

Full story

The Independent, 12th December 2008

Source: www.independent.co.uk

My mother deserves dignity in life, not a way out – The Times

Posted December 13th, 2008 in assisted suicide, news by sally

“The recent debate about assisted suicide and the right to die is dangerous territory for vulnerable people with dementia.”

Full story

The Times, 13th December 2008

Source: www.timesonline.co.uk

Brothers’ appeal ruling reserved – BBC News

Posted December 12th, 2008 in appeals, murder, news by sally

“Judgement has been reserved in the appeal of two Somerset men jailed for life for killing a Cornish couple in their own home.”

Full story

BBC News, 12th December 2008

Source: www.bbc.co.uk

Nightclub drugs pair lose appeal – BBC News

Posted December 12th, 2008 in appeals, drug offences, news by sally

“Two men jailed for permitting the ‘rampant’ sale of ecstasy at a Devon nightclub have lost their appeal.”

Full story

BBC News, 12th December 2008

Source: www.bbc.co.uk

Suffolk killer makes appeal bid – BBC News

Posted December 12th, 2008 in appeals, murder, news by sally

“Serial killer Steve Wright is seeking leave to appeal against his conviction.”

Full story

BBC News, 12th December 2008

Source: www.bbc.co.uk

Homophobic killer jailed for life – BBC News

Posted December 12th, 2008 in homosexuality, murder, news, sentencing by sally

“A homophobic man has been jailed for life for stabbing to death an accountant in a public toilet.”

Full story 

BBC News, 12th December 2008

Source: www.bbc.co.uk

Jean Charles de Menezes inquest records open verdict – The Guardian

Posted December 12th, 2008 in firearms, inquests, news, police by sally

“The jury at the inquest into the death of Jean Charles de Menezes today rejected Scotland Yard’s claim that he was lawfully killed as part of an anti-terrorism operation. Banned by the coroner, Sir Michael Wright, from returning a verdict of unlawful killing, the five men and five women decided on an open verdict – the most critical that was available to them.”

Full story

The Guardian, 12th December 2008

source: www.guardian.co.uk

Asylum seeker analysis ruled out – BBC News

Posted December 12th, 2008 in asylum, news by sally

“The Home Secretary has ruled out looking into why some asylum seekers are more likely to be turned away at the UK’s ports than others.”

Full story

BBC News, 11th December 2008

Source: www.bbc.co.uk

Daily Cause List, 12th December 2008

Posted December 12th, 2008 in news by sally

Friday 12th December 2008

Source: www.hmcourts-service.gov.uk

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

BAILII: Recent Decisions

Posted December 12th, 2008 in law reports by sally

Court of Appeal (Civil Division)

Tankard v John Fredricks Plastics Ltd [2008] EWCA Civ 1375 (11 December 2008)

Goodwin v Bennetts UK Ltd [2008] EWCA Civ 1374 (11 December 2008)

T-Mobile (UK) Ltd. & Anor v Office of Communications [2008] EWCA Civ 1373 (12 December 2008)

Court of Appeal (Criminal Division)

Stannard & Ors, R v [2008] EWCA Crim 2789 (26 November 2008)

PM v R. [2008] EWCA Crim 2787 (26 November 2008)

C & Ors, R v [2008] EWCA Crim 2790 (26 November 2008)

JS v Regina [2008] EWCA Crim 2788 (26 November 2008)

A, R v [2008] EWCA Crim 2908 (01 December 2008)

Sanchez, R. v [2008] EWCA Crim 2936 (05 December 2008)

Ward, R v [2008] EWCA Crim 2955 (11 December 2008)

High Court (Administrative Court)

Tekle v Secretary of State for the Home Department [2008] EWHC 3064 (Admin) (11 December 2008)

Veerasingam v SSHD [2008] EWHC 3044 (Admin) (11 December 2008)

Mortell v Secretary of State for Communities and Local Government [2008] EWHC 3022 (Admin) (12 December 2008)

Derwent Holdings Ltd v Liverpool City Council [2008] EWHC 3023 (Admin) (12 December 2008)

High Court (Chancery Division)

Hotel Cipriani SRL & Ors v Cipriani (Grosvenor Street) Ltd & Ors [2008] EWHC 3032 (Ch) (09 December 2008)

High Court (Commercial Court)

Sheffield United Football Club Ltd v West Ham United Football Club Plc [2008] EWHC 2855 (Comm) (26 November 2008)

Van Der Giessen-De-Noord Shipbuiilding Division BV v Imtech Marine & Offshore BV [2008] EWHC 2904 (Comm) (26 November 2008)

Middle Eastern Oil LLC v National Bank of Abu Dhabi [2008] EWHC 2895 (Comm) (27 November 2008)

Cavell USA Inc & Anor v Seaton Insurance Company & Anor [2008] EWHC 3043 (Comm) (11 December 2008)        

High Court (Queen’s Bench Division)

Crossley & Anor v Newsquest (Midlands South) Ltd [2008] EWHC 3054 (QB) (11 December 2008)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted December 12th, 2008 in legislation by sally

Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green – WLR Daily

Posted December 12th, 2008 in law reports, repossession by sally

Knowsley Housing Trust v White (Secretary of State for Communities and Local Government intervening); Porter v Shepherds Bush Housing Association (Secretary of State for Communities and Local Government intervening); Islington London Borough Council v Honeygan-Green: [2008] UKHL 70

On a proper construction of Part I of the Housing Act 1988 an assured tenancy subject to a possession order ended only when the order was executed.”

WLR Daily, 11th 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.


CL (Vietnam) v Secretary of State for the Home Department – WLR Daily

Posted December 12th, 2008 in asylum, children, law reports by sally

CL (Vietnam) v Secretary of State for the Home Department; [2008] WLR (D) 381

On an appeal by an uaccompanied child seeking asylum, against the refusal of his claim and removal directions, an immigration judge was required to determine the adequacy of reception facilities for the child on return as part of the consideration of that child’s human rights. It was not solely a matter for the Secretary of State’s determination.”

WLR Daily, 11th 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.

Regina (Wellington) v Secretary of State for the Home Department – Times Law Reports

Posted December 12th, 2008 in extradition, human rights, law reports by sally

Regina (Wellington) v Secretary of State for the Home Department

House of Lords

“A mandatory sentence of life imprisonment without eligibility for parole which would be imposed on a prisoner convicted of two offences of murder in the first degree did not amount to inhuman or degrading punishment so as to justify a refusal to extradite him to stand trial in the United States of America.”

The Times, 12th 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.

Civil Court Fees 2008 – Ministry of Justice

Posted December 12th, 2008 in fees, reports by sally

“A consultation on proposals to make changes to civil court fees, particularly in enforcement processes and to make changes to the magistrates’ court fees order.”

Full consultation (PDF)

Ministry of Justice, 10th December 2008

Source: www.justice.gov.uk

Delivering the government response to the Corston Report – Ministry of Justice

Posted December 12th, 2008 in criminal justice, reports, women by sally

“The government’s one year progress report on its strategy for addressing the needs of women offenders, in response to Baroness Corston’s independent review of women with particular vulnerabilities in the criminal justice system.”

Full report

Ministry of Justice, 10th December 2008

Source: www.justice.gov.uk

BSB issues second consultation on the implications of the Legal Services Act – Bar Standards Board

Posted December 12th, 2008 in barristers, legal disciplinary practices, legal services, press releases by sally

“The BSB has issued its second consultation on the implications of the Legal Services Act, focussing on legal disciplinary practices (LDPs) and the effect on the profession.”

Full press release

Bar Standards Board, 11th December 2008

Source: www.barstandardsboard.org.uk

Fake college boss sent to prison – BBC News

Posted December 12th, 2008 in education, fraud, news, sentencing by sally

“A man who ran a bogus college in a £16m fraud which involved 80,000 students has been jailed for seven years.”

Full story

BBC News, 11th December 2008

Source: www.bbc.co.uk