Banks rescue bill set to become law – The Independent

Posted February 12th, 2009 in banking, bills, news by sally

“A ‘ping-pong’ between the two Houses of Parliament was avoided today, when peers accepted a Commons change to the Banking Bill, which now goes for Royal Assent.”

Full story

The Independent, 11th February 2009

Source: www.independent.co.uk

Ensuring confidence and transparency in the electoral system – Ministry of Justice

Posted February 12th, 2009 in elections, news by sally

“Justice Minister Michael Wills has given a speech on public confidence and transparency in the democratic process to the Association of Electoral Administrators Conference in Brighton.”

Full story

Ministry of Justice, 10th February 2009

Source: www.justice.gov.uk

Software body slams Government’s ‘special treatment’ of music industry – OUT-LAW.com

Posted February 12th, 2009 in copyright, internet, news by sally

“The Government’s Digital Britain plan is a failure that gives favourable treatment to the music business and props up failed business models, a software trade body has said.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

Trader who received £1.2m bonus can sue for extra £100,000, court rules – The Times

Posted February 12th, 2009 in jurisdiction, news, remuneration, tribunals by sally

“A City trader who is suing his employer claiming that he was underpaid £100,000 after receiving a £1.2 million bonus has won the right to continue his case.”

Full story

The Times, 11th February 2009

Source: www.timesonline.co.uk

Smacking row family win right to adopt – Daily Telegraph

Posted February 12th, 2009 in adoption, corporal punishment, news by sally

“A family has won the right to adopt a girl after they were banned when the father smacked a child for swearing.”

Full story

Daily Telegraph, 11th February 2009

Source: www.telegraph.co.uk

Why we have still not learnt the lessons from Harold Shipman – The Times

Posted February 12th, 2009 in doctors, murder, news by sally

“Ten years ago Harold Shipman was making headlines after he was charged with the murder of 15 of his patients. A public inquiry found that Shipman had used loopholes in the systems in which he practised as a family doctor to kill more than 215 people and to avoid detection for many years.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

Mother and boyfriend guilty of inflicting 107 injuries on child – The Independent

Posted February 12th, 2009 in child abuse, child cruelty, news by sally

“A girl aged two was beaten to death by her mother and her boyfriend, who inflicted 107 separate injuries during four weeks of violence.”

Full story

The Independent, 12th February 2009

Source: www.independent.co.uk

Police will not investigate ‘cash for amendments’ allegations – The Guardian

Posted February 12th, 2009 in corruption, news, parliament by sally

“Labour peers accused of attempting to change the law in favour of companies employing them will not be investigated by the police, Scotland Yard said today.”

Full story

The Guardian, 11th February 2009

Source: www.guardian.co.uk

Credit-crunch divorcés appeal over maintenance – The Times

Posted February 12th, 2009 in divorce, news by sally

“The courts are expected to rule soon in a series of test cases brought by once-wealthy City workers who want to renegotiate their hefty divorce settlements now that they are deprived of their large bonuses.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

Photographers fear they are target of new terror law – The Guardian

Posted February 12th, 2009 in news, photography, terrorism by sally

“Taking photographs of police officers could be deemed a criminal offence under anti-terrorism legislation that comes into force next week. Campaigners against section 76 of the Counter-Terrorism Act 2008, which becomes law on Monday, said it would leave professional photographers open to fines and arrest.”

Full story

The Guardian, 12th February 2009

Source: www.guardian.co.uk

Abuse case couple lose fight to get children back – The Independent

Posted February 12th, 2009 in adoption, child abuse, news by sally

“A couple whose children were taken from them and adopted cannot have them back, even though they ‘may be right’ in believing they suffered a miscarriage of justice, three Court of Appeal judges have ruled.”

Full story

The Independent, 12th February 2009

Source: www.independent.co.uk

House of Lords rule against BBC on release of bias report – The Times

Posted February 12th, 2009 in BBC, freedom of information, news by sally

“A lawyer has won the backing of the House of Lords in his campaign to force the BBC to disclose an internal report on perceived bias in its coverage of the Middle East.”

Full story

The Times, 12th February 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted February 11th, 2009 in law reports by sally

High Court (Commercial Court)

Kamal XXVI, The Owners of v Ariela, The Owners of [2009] EWHC 177 (Comm) (10 February 2009)

High Court (Technology and Construction Court)

Mead General Building Ltd v Dartmoor Properties Ltd [2009] EWHC 200 (TCC) (04 February 2009)

Source: www.bailii.org

English court can’t stop Italian lawsuit despite arbitration agreement, ECJ says – OUT-LAW.com

Posted February 11th, 2009 in arbitration, conflict of laws, EC law, injunctions, news by sally

“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

House of Lords Judgments: What’s New?

Posted February 11th, 2009 in law reports by sally

Sugar (Appellant) v British Broadcasting Corporation and another (Respondents) [2009] UKHL 9 (11 February 2009)

Source: www.parliament.uk

Fees in the United Kingdom Supreme Court – Ministry of Justice

Posted February 11th, 2009 in fees, news, Supreme Court by sally

“A consultation on the system of fees and concessions for civil and devolution cases in the Supreme Court, after it becomes operational in October 2009.”

Full story

Ministry of Justice, 10th February 2009

Source: www.justice.gov.uk

Study of Sentencing and its Outcomes: Pilot report – Sentencing Guidelines Council

Posted February 11th, 2009 in news, sentencing by sally

“On Tuesday 10th February, the SGC and MOJ jointly published: ‘The Study of Sentencing and its Outcomes: a pilot report’. The pilot assessed the feasibility of sampling court records, collecting data from court records and managing data collection procedures. It shows that while data collection from court records can be managed, crucial information was not obtainable making it difficult to achieve the objectives of the main study. For this reason, the SGC and MOJ have decided not to continue with the study. A statement explaining this decision accompanies the pilot report.”

Pilot report (PDF)

Pilot statement (PDF)

Sentencing Guidelines Council, 10th February 2009

Source: www.sentencing-guidelines.gov.uk

Managa Properties Ltd v Brittain – WLR Daily

Posted February 11th, 2009 in law reports, liquidators, winding up by sally

Managa Properties Ltd v Brittain [2009] EWHC 157 (Ch); [2009] WLR (D) 42

“Where an application was made under s 172(3) of the Insolvency Act 1986 for an order directing the liquidator to call a creditors’ meeting for the purpose of seeking to replace the liquidator, the applicant had to show that it was in the best interests of the liquidation for such an order to be made.”

WLR Daily, 10th February 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.

In re P [2009] – WLR Daily

Posted February 11th, 2009 in Court of Protection, law reports, mental health, wills by sally

In re P [2009] EWHC 163 (Ch); [2009] WLR (D) 41

“When making decisions about the property and welfare of persons lacking capacity, the overarching principle pursuant to the Mental Capacity Act 2005 was that any decision made on behalf of that person must be made in his best interests. The guidance given under the Mental Health Acts 1959 and 1983 about the making of settlements or wills could no longer be directly applied to a decision made under the 2005 Act.”

WLR Daily, 10th February 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.

Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi – Times Law Reports

Posted February 11th, 2009 in failure to disclose information, law reports, sentencing, terrorism by sally

Regina v Sherif; Regina v Ali (Siraj); Regina v Ali (Muhedin); Regina v Mohamed; Regina v Abdurahman; Regina v Abdullahi

Court of Appeal (Criminal Division)

“The seriousness of terrorist activity about which a defendant failed to give information, rather than the extent of the information that could have been provided, was what determined the level of criminality which had to be reflected in the sentence.”

The Times, 11th February 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.