Police and prosecutors apologise to disabled victims of crime – The Guardian

Posted May 11th, 2009 in criminal justice, disabled persons, news, victims by sally

“Many disabled victims  of crime are being failed by the system, the Guardian has learned, following two cases in which the Crown Prosecution Service and the police were forced to apologise for not taking offences seriously enough.”

Full story

The Guardian, 11th May 2009

Source: www.guardian.co.uk

Seven-year prison term for fugitive Lib Dem donor – The Independent

Posted May 11th, 2009 in news, perverting the course of justice, sentencing, theft by sally

“The Liberal Democrats’ biggest donor, who remains on the run after stealing nearly £8m from the former chairman of Manchester United, was sentenced in his absence to seven years in jail yesterday.”

Full story

The Independent, 9th May 2009

Source: www.independent.co.uk

Farming family guilty of ‘grotesque’ cruelty – The Independent

Posted May 11th, 2009 in animal cruelty, news by sally

“Five members of one family were found guilty of ‘grotesque’ cruelty yesterday after one of Britain’s largest horse-rescue operations. RSPCA inspectors who raided Spindle Farm in Buckinghamshire last year found a ‘horror scene’ of starving, emaciated and diseased animals, surrounded by the rotting corpses of others.”

Full story

The Independent, 9th May 2009

Source: www.independent.co.uk

Metal detector user David Hutchings jailed for selling fake coins – The Times

Posted May 11th, 2009 in fraud, news, sentencing by sally

“A metal detector enthusiast who claimed to have discovered hoards of valuable antiquities during years of treasure hunting has been convicted of selling modern fakes.”

Full story

The Times, 11th May 2009

Source: www.timesonline.co.uk

Judge criticises court fee plans – BBC News

Posted May 11th, 2009 in costs, courts, news by sally

“A senior judge has called on the government to reconsider plans to increase court fees in civil and family cases in England and Wales.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

Police called in over leaks as more MPs accused – The Times

Posted May 11th, 2009 in expenses, news, parliament, parliamentary privilege by sally

“MPs defied their own legal advice last night and asked the police to investigate how expenses details had been offered for sale to newspapers.”

Full story

The Times, 9th May 2009

Source: www.timesonline.co.uk

Devout Hindu loses cremation bid – BBC News

Posted May 8th, 2009 in burials and cremation, human rights, judicial review, news by sally

“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.”

Full story

BBC News, 8th May 2009

Source: www.bbc.co.uk

UK judges reopen Guantanamo case – BBC News

Posted May 8th, 2009 in disclosure, intelligence services, news, torture by sally

“The High Court has taken the unusual step of reopening a controversial judgement in the case of the former Guantanamo detainee Binyam Mohamed.”

Full story

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

Posted May 8th, 2009 in company directors, deferred prosecution agreements, fraud, news by sally

“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.”

Full story

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

Lord Hunt outlines vision for regulation – Law Society’s Gazette

Posted May 8th, 2009 in disciplinary procedures, law firms, Law Society, news by sally

“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.”

Full story

Law Society’s Gazette, 7th May 2009

Source: www.lawgazette.co.uk

BAILII: Recent Decisions

Posted May 8th, 2009 in law reports by sally

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

Recent Statutory Instruments – OPSI

Posted May 8th, 2009 in legislation by sally

The Crime and Disorder Act 1998 (Responsible Authorities) Order 2009

The School Admissions (Admission Arrangements) (England) (Amendment) Regulations 2009

The Local Authorities’ Traffic Orders (Procedure) (England and Wales) (Amendment) (England) Regulations 2009

Source: www.opsi.gov.uk

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

Posted May 8th, 2009 in asylum, Greece, human rights, law reports by sally

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

Posted May 8th, 2009 in cross-claims, insolvency, law reports, winding up by sally

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

Posted May 8th, 2009 in abuse of process, extradition, jurisdiction, law reports by sally

Symeou v Public Prosecutor’s Office at the Court of Appeals, Patras, Greece [2009] EWHC 897 (Admin); [2009] WLR (D) 146

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

Posted May 8th, 2009 in human rights, law reports, parole, prisons, rehabilitation by sally

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 (Same intervening)) [2009] UKHL 22; [2009] WLR (D) 145

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

Posted May 8th, 2009 in deportation, EC law, imprisonment, law reports by sally

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

Posted May 8th, 2009 in human rights, law reports, parole, prisons, sentencing by sally

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

Posted May 8th, 2009 in press releases, victims, witnesses by sally

“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.”

Full press release 

Ministry of Justice, 7th May 2009

Surde: www.justice.gov.uk

Capital and income in trusts: classification and apportionment – Law Commission

Posted May 8th, 2009 in apportionment, press releases, trusts by sally

“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.”

Full press release

Law Commission, 7th May 2009

Source: www.lawcom.gov.uk