Texting peer freed after appeal – BBC News
“A peer who was jailed for 12 weeks for sending and receiving text messages while driving on the M1 has been released by the Court of Appeal.”
BBC News, 12th March 2009
Source: www.bbc.co.uk
Day: 12 March 2009
Baby P inquiry: 200,000 children at risk of violence or abuse, says Lord Laming – Daily Telegraph
“Two hundred thousand children are at risk of violence or abuse in their own home, according to an official report from Lord Laming commissioned after the death of Baby P.”
Daily Telegraph, 12th March 2009
Source: www.telegraph.co.uk
BBC programme broke law with botnets, says lawyer – OUT-LAW.com
“A BBC programme has broken the Computer Misuse Act by acquiring and using software to control 22,000 computers, creating a botnet capable of bringing down websites. A technology law specialist has said that the activity is illegal.”
OUT-LAW.com, 12th March 2009
Source: www.out-law.com
Legal aid in 21st-century Britain – The Guardian
“This year marks the 60th anniversary of the Legal Aid and Advice Act, but how successful is the system in providing state-funded help to those in need?”
The Guardian, 12th March 2009
Source: www.guardian.co.uk
No charges for shooting officers – BBC News
“Police involved in shooting a man dead at Guildford Cathedral will not face criminal charges, says the Independent Police Complaints Commission (IPCC).”
BBC News, 12th March 2009
Source: www.bbc.co.uk
Lord Judge: recession could harm judicial diversity – The Times
“The economic recession could hit efforts to broaden the make-up of the judiciary to bring in candidates from less traditional backgrounds, Britain’s most senior judge said yesterday.”
The Times, 12th March 2009
Source: www.timesonline.co.uk
Mohamed ‘not the only victim’ – The Guardian
“According to evidence heard at the high court during proceedings brought on behalf of Binyam Mohamed, an interrogation policy that subsequently led to detainees being tortured in Pakistan was devised by MI5 lawyers and figures in government. The Guardian has learned from other sources that the interrogation policy was directed at a high level in Whitehall, and that it has been further developed since Mohamed’s detention in 2002.”
The Guardian, 12th March 2009
Source: www.guardian.co.uk
Neighbours’ High Court feud over curfews, trellises and hosepipes – Daily Telegraph
“A feud between neighbours turned so bitter that one couple tried to impose a curfew preventing the other from leaving their home at night, the High Court has heard.”
Daily Telegraph, 12th March 2009
Source: www.telegraph.co.uk
Lawcast 120: Paul Marsh, President of The Law Society on the future of the profession after recession – Insite Law Magazine
“Today I am talking to Paul Marsh, the President of The Law Society of England & Wales.
We live in difficult and interesting times.I talk to Paul Marsh about a range of topics including his thoughts on the recession, how the law society is helping solicitors during these difficult days, the recent rise of nearly 10 per cent in fees for the Legal Practice Course by three London providers – BPP, the College of Law and Kaplan.and his thoughts on the future of the profession after the recession.”
Insite Law Magazine, 12th March 2009
Source: www.insitelawmagazine.com
Lawcast 119: Access to Justice denied? Legal Aid… or the lack of it – Charon QC
“Today I am talking to Steve Hynes the director of the Legal Action Group. The purpose of The Legal Action group, a national, independent charity, is to promote equal access to justice for all members of society who are socially, economically or otherwise disadvantaged. To this end, it seeks to improve law and practice, the administration of justice and legal services.”
Charon QC, 12th March 2009
Source: www.charonqc.wordpress.com
“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.
BAILII: Recent Decisions
Court of Appeal (Civil Division)
Prizedome Ltd & Anor v Revenue & Customs [2009] EWCA Civ 177 (12 March 2009)
High Court (Chancery Division)
Umbro International Ltd v Revenue & Customs [2009] EWHC 438 (Ch) (12 March 2009)
Hodson v Hodson & Ors [2009] EWHC 430 (Ch) (12 March 2009)
J, Re (Enduring Power of Attorney) [2009] EWHC 436 (Ch) (12 March 2009)
Source: www.bailii.org
Straw: more jailed for knife crime – Ministry of Justice
“The number of immediate custodial sentences handed down for offences involving possession of a knife or other offensive weapon has gone up by almost a quarter (23%), Justice Secretary Jack Straw announced today.”
Ministry of Justice, 12th March 2009
Source: www.justice.gov.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
Pullen, R. v [2009] EWCA Crim 380 (20 February 2009)
Dixie, R. v [2009] EWCA Crim 188 (03 February 2009)
Cahill, R. v [2009] EWCA Crim 420 (26 February 2009)
High Court (Chancery Division)
Dean & Dean (A Firm) v Angel Airlines SA & Ors [2009] EWHC 447 (Ch) (11 March 2009)
Red River (UK) Ltd & Anor v Sheikh & Anor [2009] EWHC 431 (Ch) (09 March 2009)
High Court (Patents Court)
MMI Research Ltd v Cellxion Ltd & Ors [2009] EWHC 418 (Pat) (11 March 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Prevention of Terrorism Act 2005 (Continuance in force of sections 1 to 9) Order 2009
The Charities Acts 1992 and 1993 (Substitution of Sums) Order 2009
The Immigration and Asylum Act 1999 (Part V Exemption: Licensed Sponsors Tiers 2 and 4) Order 2009
The Community Legal Service (Financial) (Amendment) Regulations 2009
The Licensed Conveyancers (Compensation for Inadequate Professional Services) Order 2009
The Solicitors’ Recognised Bodies (Amendment) Order 2009
The Road Safety (Financial Penalty Deposit) (Interest) Order 2009
The Social Security (Flexible New Deal) Regulations 2009
The Civil Enforcement of Parking Contraventions (England) General (Amendment) Regulations 2009
The Child Trust Funds (Amendment) Regulations 2009
The Town and Country Planning (Hearings and Inquiries Procedures) (England) (Amendment) Rules 2009
The Immigration and Nationality (Fees) (Amendment) Order 2009
The Regulatory Enforcement and Sanctions Act 2008 (Commencement No 2) Order 2009
The Road Safety (Financial Penalty Deposit) Order 2009
Source: www.opsi.gov.uk
Tann v Herrington – WLR Daily
Tann v Herrington [2009] EWHC 445 (Ch); [2009] WLR (D) 89
“Where a partner entrusted with the responsibility of dealing with all aspects of the firm’s professional indemnity insurance failed to fulfil his obligations, a liability in damages to a client, for which the firm’s professional indemnity insurer had refused indemnity, was a liability to be borne personally by the partner because he was responsible for notifying the insurers that a claim had been made and his delay in doing so caused the refusal of indemnity.”
WLR Daily, 11th March 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 v Seddon – WLR Daily
“In a European arrest warrant which sought a defendant’s return to this jurisdiction as a convicted person for the extradition offence of blackmail an allegation that the defendant was unlawfully at large and in breach of bail did not amount to ‘an offence disclosed by the information provided … in respect of’ the offence of blackmail for the purposes of s 146(3)(b) of the Extradition Act 2003.”
WLR Daily, 11th March 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.
HJ (Iran) v Secretary of State for the Home Department; HT (Cameroon) v Secretary of State for the Home Department – WLR Daily
“When considering whether a homosexual person was entitled to refugee status, the test to be applied was whether the claimant would reasonably be expected to tolerate that he would have to be discreet, not only in the context of random sexual activity, but in relation to matters following from, and relevant to, sexual identity.”
WLR Daily, 11th March 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.
McE v Prison Service of Northern Ireland and Another; C and A v Chief Constable of the Police Service of Northern Ireland; M v Same – Times Law Reports
House of Lords
“Covert surveillance of communications between lawyers and their clients, covered by legal professional privilege, was permitted under the Regulation of Investigatory Powers Act 2000, notwithstanding any statutory rights of persons in custody to consult their lawyers in private.”
The Times, 12th March 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.
‘Credit-crunched’ fund manager Bryan Myerson tries to claw back £9.5m from ex-wife – The Times
“A City fund manager hit by the credit crunch went to the Court of Appeal yesterday in an attempt to renegotiate £9.5 million of his divorce settlement.”
The Times, 12th March 2009
Source: www.timesonline.co.uk
Pub landlord wins right not to fit CCTV cameras – The Guardian
“A prospective landlord has won his fight not to install CCTV cameras in his pub after the case was taken up by the information commissioner.”
The Guardian, 12th March 2009
Source: www.guardian.co.uk
