Appeal over UKIP donation ruling – BBC News

Posted January 23rd, 2009 in elections, forfeiture, news, political parties by sally

“The High Court has granted an appeal against a ruling that UKIP should forfeit only a fraction of £367,697 it received in ‘impermissible donations’.”

Full story

BBC News, 22nd January 2009

Source: www.bbc.co.uk

Daily Cause List, 26th January 2009

Posted January 23rd, 2009 in news by sally

Monday 23rd January 2009

Source: www.hmcourts-service.gov.uk

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

Pair not guilty of manslaughter – BBC News

Posted January 23rd, 2009 in health & safety, news by sally

“A farmer and his son have been found guilty of health and safety failings after a teenager died in a farm machinery accident near Bristol.”

Full story 

BBC News, 23rd January 2009

Source: www.bbc.co.uk

Council is fined over bath death – BBC News

Posted January 23rd, 2009 in care homes, health & safety, news by sally

“The death of a 50-year-old disabled man who drowned in a bath in council-run accommodation was preventable, health and safety officials have said.”

Full story

BBC News, 23rd January 2009

Source: www.bbc.co.uk

Brothers jailed for arson killing – BBC News

Posted January 23rd, 2009 in arson, homicide, news, sentencing, young offenders by sally

“Two teenage brothers who started a fire at a derelict factory in which two homeless people died have been sentenced to six years in custody.”

Full story 

BBC News, 23rd January 2009

Source: www.bbc.co.uk

British hacker wins right to challenge US extradition – The Guardian

Posted January 23rd, 2009 in computer crime, extradition, news by sally

“The British computer hacker Gary McKinnon has today won permission to launch a fresh high court challenge against attempts to extradite him to America.”

Full story

The Guardian, 23rd January 2009

Source: www.guardian.co.uk

Father jailed for killing four children by dangerous driving – The Guardian

Posted January 23rd, 2009 in dangerous driving, news, sentencing by sally

Nigel Gresham sentenced for two years after his unsafe Land Rover plunged into river Witham in Lincolnshire.”

Full story

The Guardian, 23rd January 2009

Source: www.guardian.co.uk

Karen Matthews sentenced to eight years in jail for kidnapping daughter, Shannon – The Times

Posted January 23rd, 2009 in false imprisonment, kidnapping, news, sentencing by sally

“Karen Matthews has been sentenced today to eight years in jail for kidnapping and imprisoning her nine-year-old daughter.”

Full story 

The Times, 23rd January

Source: www.timesonline.co.uk

R v Kousar – WLR Daily

Posted January 23rd, 2009 in law reports, trade marks by sally

R v Kousar [2008]; [2009] WLR (D) 16

A wife who shared the matrimonial home with her husband, whom she knew was storing merchandise from his business at home, but acquiesced in it being there and did not demand he remove it, was not in control or possession of the goods within the meaning of s 92(1)(c) of the Trade Marks Act 1994.”

WLR Daily, 22nd January 2009

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

Posted January 23rd, 2009 in EC law, freedom of movement, law reports by sally

R (Low) v Secretary of State for the Home Department [2009] EWHC 35 (Admin); [2009] WLR (D) 15

A worker, who was a national of a non member state, sent by a service provider exercising its freedom to provide services pursuant to art 49 EC, from one member state to another had to be lawfully resident in the sending member state in order to acquire any rights under art 49 EC.”

WLR Daily, 22nd January 2009

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.

Jain and another v Trent Strategic Health Authority – WLR Daily

Posted January 23rd, 2009 in care homes, duty of care, law reports by sally

Jain and another v Trent Strategic Health Authority [2009] UKHL 4; [2009] WLR (D) 14

There was no duty of care in negligence owed by a regulatory authority to the owners of a nursing home against whom the authority had made an ex parte application without notice to the magistrate for cancellation of registration of the nursing home pursuant to s 30 of the Registered Homes Act 1984 (now replaced by s 20 of the Care Standards Act 2000).”

WLR Daily, 22nd January 2009

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.

BAILII : Recent Decisions

Posted January 23rd, 2009 in law reports by sally

Court of Appeal (Civil Division)

Ammah v Kuehne+Nagal Logistics Ltd [2009] EWCA Civ 11 (22 January 2009)

Basildon District Council v McCarthy & Ors [2009] EWCA Civ 13 (22 January 2009)

High Court (Administrative Court)

A, R (on the application of) v Coventry City Council [2009] EWHC 34 (Admin) (22 January 2009)   

Pounder, R (on the application of) v HM Coroner for the North & South Districts of Durham & Darlington & Ors [2009] EWHC 76 (Admin) (22 January 2009)

Hill, R (on the application of) v Social Security Commissioner & Anor [2009] EWHC 33 (Admin) (22 January 2009)

High Court (Chancery Division)

HM Revenue and Customs v Trustees of the Nelson Dance Family Settlement [2009] EWHC 71 (Ch) (22 January 2009)

High Court (Family Division)

G v A [2009] EWHC 11 (Fam) (20 January 2009)

High Court (Patents Court)

Dyson Technology Ltd v Samsung Gwangju Electronics Co Ltd [2009] EWHC 55 (Pat) (22 January 2009)

High Court (Queen’s Bench Division)

Manning v King’s College Hospital NHS Trust [2009] EWHC 75 (QB) (22 January 2009)

Lord-Castle v Director of Public Prosecutions [2009] EWHC 87 (QB) (23 January 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted January 23rd, 2009 in legislation by sally

The Energy Act 2008 (Commencement No. 1 and Savings) Order 2009

The A46 Trunk Road (Newark to Widmerpool Improvement and Slip Roads) Order 2009

The A52 Trunk Road (A46 Newark to Widmerpool Improvement and Slip Roads) Order 2009

The A52 Trunk Road (A46 Newark to Widmerpool Improvement and Slip Roads) (Detrunking) Order 2009

The Counter-Terrorism Act 2008 (Commencement No. 2) Order 2009

Source: www.opsi.gov.uk

Regina (F) v Secretary of State for Justice – Times Law Reports

Posted January 23rd, 2009 in law reports, proportionality, sentencing, sexual offences by sally

Regina (F) v Secretary of State for Justice
Regina (Thompson) v Secretary of State for the Home Department

Queen’s Bench

“In the absence of any mechanism for review, placing an offender on the sex offenders register indefinitely was a disproportionate interference with the right to respect for private and family life.”

The Times, 23rd January 2009

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.

Regina (Wright and Others) v Secretary of State for Health and Another – Times Law Reports

Posted January 23rd, 2009 in care workers, human rights, law reports by sally

Regina (Wright and Others) v Secretary of State for Health and Another

House of Lords

“The procedure of effectively banning care workers from working with vulnerable people, without giving them an opportunity to answer any allegations of unsuitability, was incompatible with the right to a fair hearing under article 6 of the European Convention on Human Rights.”

The Times, 23rd January 2009

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.

European regulation on law applicable to contractual obligations (Rome I) – Ministry of Justice

Posted January 23rd, 2009 in conflict of laws, contracts, EC law, press releases by sally

“Justice Minister Lord Bach has made a statement announcing the UK’s participation in the European Community regulation on the law applicable to contractual obligations (Rome I).”

Full press release

Ministry of Justice, 22nd January 2009

Source: www.justice.gov.uk

Court of Appeal contributes to public confidence in the Criminal Justice System – Judiciary of England and Wales

Posted January 23rd, 2009 in appeals, criminal justice, press releases, statistics by sally

“Fewer than 1% of all convictions in the Crown Court and just 1.3% of sentences are successfully appealed in the Court of Appeal, which should increase public confidence in the criminal justice system.”

Full press release

Judiciary of England and Wales, 19th January 2009

Source: www.judiciary.gov.uk

Hospital at fault over baby death – BBC News

Posted January 23rd, 2009 in compensation, hospitals, nationalisation, news by sally

“A couple from Worcestershire have received a five-figure pay out after hospital staff missed warning signs that led to their baby’s death.”

Full story 

BBC News, 22nd January 2009

Source: www.bbc.co.uk

Firm to pay price of trainee sacking – Law Society’s Gazette

Posted January 23rd, 2009 in dismissal, news, Solicitors Regulation Authority, trainee solicitors by sally

“Firms that sack a trainee without the agreement of the Solicitors Regulation Authority could find themselves liable for hefty damages, a landmark employment tribunal decision suggests.”

Full story

Law Society’s Gazette, 22nd January 2009

Source: www.lawgazette.co.uk

Husband killer fights nursing ban – BBC News

Posted January 23rd, 2009 in domestic violence, homicide, news, nurses by sally

“A 61-year-old woman from Kent who admitted killing her estranged husband with an axe is fighting a decision to strike her off the nurses’ register.”

Full story 

BBC News, 23rd January 2009

Source: www.bbc.co.uk