Devout Hindu loses cremation bid – BBC News
“A bid by a devout Hindu for the legal right to be cremated on a traditional open-air funeral pyre has been rejected by the High Court in London.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
Day: 8 May 2009
UK judges reopen Guantanamo case – BBC News
“The High Court has taken the unusual step of reopening a controversial judgement in the case of the former Guantanamo detainee Binyam Mohamed.”
BBC News, 8th May 2009
Source: www.bbc.co.uk
Serious Fraud Office to ask parliament to grant it new powers – Law Society’s Gazette
“The Serious Fraud Office is to ask parliament to enhance its powers to fight fraudulent companies and corrupt directors, the Gazette has learned. The investigation and prosecution agency has begun consulting privately with senior lawyers and officials before it approaches parliament later in the year. Sources close to the discussions said the SFO wants powers to fine fraudulent companies and impose deferred prosecutions, as well as legislation requiring companies to report frauds as soon as they are discovered.”
Law Society’s Gazette, 7th May 2009
Source: www.lawgazette.co.uk
Lord Hunt outlines vision for regulation – Law Society’s Gazette
“The peer tasked by Chancery Lane with reviewing legal regulation says that only ‘minor’ adjustments to the Law Society’s internal governance may be required to yield ‘enormous benefit’ for the regulation of law firms.”
Law Society’s Gazette, 7th May 2009
Source: www.lawgazette.co.uk
BAILII: Recent Decisions
High Court (Queen’s Bench Division)
Whiston v London Strategic Health Authority [2009] EWHC 956 (QB) (07 May 2009)
High Court (Commercial Court)
Shashoua & Ors v Sharma [2009] EWHC 957 (Comm) (07 May 2009)
Source: www.bailii.org
Regina (Nasseri) v Secretary of State for the Home Department – WLR Daily
Regina (Nasseri) v Secretary of State for the Home Department [2009] UKHL 23; [2009] WLR (D) 148
“The irrebuttable presumption, laid down in paras 2 and 3 of Pt 1 of Sch 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004, that a foreign national who entered the United Kingdom via Greece could be returned to Greece because Greece was a place from which he would not be sent to another state to face inhuman and degrading treatment contrary to art 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, was not in itself incompatible with the Convention provided there was no evidence to show that on his return to Greece he was actually at risk of being removed to another country in breach of his art 3 rights.”
WLR Daily, 8th May 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.
Bolsover District council v Dennis Rye Ltd – WLR Daily
Bolsover District council v Dennis Rye Ltd; [2009] EWCA Civ 372; [2009] WLR (D) 147
“Where a company served with a winding-up petition contended that it had a cross-claim against the petitioner, the issue for the judge was whether the evidence before him was sufficient to satisfy him that the company’s cross claim was not merely arguable but was genuine and serious, and not whether the company should have previously asserted, litigated or issued proceedings for the cross-claim unless it had a good excuse for not doing so.”
WLR Daily, 7th May 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.
Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece – WLR Daily
“The jurisdiction to order a person’s discharge if his extradition would constitute an abuse of process did not extend to consideration of misconduct or bad faith by the police of the requesting state in the investigation of the case or the preparation of evidence for trial.”
WLR Daily, 6th May 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 (James) v Secretary of State for Justice (Parole Board intervening); R (Lee) v Same (Same intervening); R (Wells) v Same (Same intervening) (on appeal from R (Walker) v Same – WLR Daily
“The failure of the Secretary of State for Justice to provide courses to enable prisoners serving indeterminate sentences for public protection to enable them to demonstrate their safety for release to the Parole Board did not render their post-tariff detention unlawful.”
WLR Daily, 6th May 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.
HR (Portugal) v Secretary of State for the Home Department – WLR daily
HR (Portugal) v Secretary of State for the Home Department [2009] EWCA Civ 371; [2009] WLR(D) 144
“The time during which an European Economic Area national was serving a sentence of imprisonment in the United Kingdom was not to be included when calculating whether he had resided for a continuous period of at least ten years prior to a decision to deport him.”
WLR Daily, 6th May 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 (Lee) v Same; Regina (Wells) v Same – Times Law Reports
Regina (Lee) v Same; Regina (Wells) v Same
House of Lords
“Although the Secretary of State for Justice had failed in his public duty to provide such treatment courses for prisoners serving indeterminate sentences for public protection as would enable them to demonstrate to the Parole Board that it was safe to release them, their post-tariff detention was not unlawful.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
Government welcomes report highlighting major improvements for victims and witnesses – Ministry of Justice
“Over 80% of victims and witnesses are satisfied with their experience of the criminal justice system, an independent report published by the Criminal Justice inspectorates today, has highlighted.”
Ministry of Justice, 7th May 2009
Surde: www.justice.gov.uk
Capital and income in trusts: classification and apportionment – Law Commission
“A project to examine the complicated rules governing the treatment of trust receipts and outgoings as capital or income and the extent to which trustees who have to distinguish between income and capital should be able to invest on a ‘total return’ basis, with reference particularly to trusts for interests in succession and to charitable trusts with permanent endowment.”
Law Commission, 7th May 2009
Source: www.lawcom.gov.uk
Remuneration for Confiscation – The Bar Council
“On 29 April 2009 the House of Lords confirmed that the prosecution are entitled in confiscation proceedings (i) to prove that the defendant had committed offences other than those to which he had pleaded or in respect of which he had been convicted and (ii) to invite the court to estimate the profit that he must have made from those offences: R. v. Briggs-Price [2009] UKHL 19.”
The Bar Council, 8th May 2009
Source: www.barcouncil.org.uk
Nichol Review of QC System Endorsed The Revised Procedure – The Bar Council
“The Bar Council and the Law Society have today published the report of Sir Duncan Nichol CBE’s review of Queen’s Counsel Appointments.”
The Bar Council, 8th May 2009
Source: www.barcouncil.org.uk
The murky, mysterious world of the Queen’s Privy Council – The Times
“The Privy Council is one of the most obscure and murky corners of the British constitution — yet its powers are far from antiquated or redundant.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
Mayfair nightclub Annabel’s fined over tips system – The Times
“A prestigious Mayfair nightclub lost a court battle with the taxman yesterday over a tips system that benefited customers and staff.”
The Times, 8th May 2009
Source: www.timesonline.co.uk
Navy officer loses racism claim – BBC News
“A black Royal Navy officer has lost his claim for racial discrimination
BBC News, 7th May 2009
Source: www.bbc.co.uk
Men jailed for 17-day crime spree – BBC News
“Two men who terrorised part of Greater Manchester during a 17-day crime spree have been jailed for life.”
BBC News, 7th May 2009
Source: www.bbc.co.uk
