Recent Statutory Instruments – OPSI

Posted May 20th, 2009 in legislation by sally

The Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009

The Amendments to Law (Resolution of Dunfermline Building Society) Order 2009

The European Communities (Definition of Treaties) (United Nations Convention on the Rights of Persons with Disabilities) Order 2009

The Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009

Source: www.opsi.gov.uk

Couple claimed number plate was stolen to avoid speeding fines – Daily Telegraph

Posted May 20th, 2009 in news, perverting the course of justice, sentencing, speed cameras by sally

“A couple claimed their number plate had been stolen and berated police in a local newspaper to avoid speed camera fines, a court has heard.”

Full story

Daily Telegraph, 20th May 2009

Source: www.telegraph.co.uk

BAILII: Recent Decisions

Posted May 20th, 2009 in law reports by sally

Court of Appeal (Civil Division)

Revenue & Customs v Proctor & Gamble UK [2009] EWCA Civ 407 (20 May 2009)

Yesiloz v London Borough of Camden & Anor [2009] EWCA Civ 415 (20 May 2009)

Aerotel Ltd v Wavecrest Group Enterprises Ltd & Ors [2009] EWCA Civ 408 (20 May 2009)

Rank Nemo (DMS) Ltd & Ors v Coutinho [2009] EWCA Civ 454 (20 May 2009)

Mansel Oil Ltd & Anor v Troon Storage Tankers SA [2009] EWCA Civ 425 (20 May 2009)

Carter & Anor v Cole & Anor [2009] EWCA Civ 410 (20 May 2009)

Roult v North West Strategic Health Authority [2009] EWCA Civ 444 (20 May 2009)

Court of Appeal (Criminal Division)

Aboulkadir & Ors, R v [2009] EWCA Crim 956 (20 May 2009)

High Court (Chancery Division)

Norwich Union Life & Pensions Ltd v Strand Street Properties Ltd [2009] EWHC 1109 (Ch) (20 May 2009)

High Court (Administrative Court)

Moulai v Deputy Public Prosecutor of Creteil, France [2009] EWHC 1030 (Admin) (19 May 2009)

High Court (Family Division)

Stedman, Re [2009] EWHC 935 (Fam) (18 May 2009)

Soure: www.bailii.org

Chief executive jailed for £2.4 million fraud – Daily Telegraph

Posted May 20th, 2009 in fraud, news, sentencing by sally

“A chief executive almost brought an international company to its knees by defrauding it of more than £2.4 million to finance the high-life, a court heard.”

Full story

Daily Telegraph, 19th May 2009

Source: www.telegraph.co.uk

Bank worker who raided Sir Victor Blank’s account jailed for three years – Daily Telegraph

Posted May 20th, 2009 in banking, news, sentencing, theft by sally

“Anthony Webster, 23, acted as the ‘inside man’ in a scam which saw more than £615,000 in total stolen from wealthy clients of Barclays, a court heard.”

Full story

Daily Telegraph, 20th May 2009

Source: www.telegraph.co.uk

Driver jailed over bike-tow death – BBC News

Posted May 20th, 2009 in dangerous driving, news, sentencing by sally

“A driver has been jailed for causing the death of a friend he had been towing on a bicycle.”

Full story

BBC News, 19th May 2009

Source: www.bbc.co.uk

Court enforcement officers to help employees collect unpaid awards from tribunals – Ministry of Justice

Posted May 20th, 2009 in enforcement, news, tribunals by sally

“Tough new measures to improve the payment of employment tribunal awards and reduce the costs of enforcing unpaid ones were announced today by Justice Secretary Jack Straw.”

Full story

Ministry of Justice, 19th May 2009

Source: www.justice.gov.uk

Proposals to regulate damages based agreements – Ministry of Justice

Posted May 20th, 2009 in damages, fees, news by sally

“The Ministry of Justice has announced plans to clamp down on ‘no-win no-fee’ lawyers who are exploiting vulnerable clients by taking a large proportion of the damages they are awarded as payment for excessive legal fees.”

Full story

Ministry of Justice, 19th May 2009

Source: www.justice.gov.uk

Practice directions – Amendment No. 22 to the Consolidated Criminal Practice Direction – Judiciary of England and Wales

Posted May 20th, 2009 in criminal procedure, guilty pleas, practice directions by sally

“The Lord Chief Justice has handed down Amendment No. 22 to the Consolidated Criminal Practice Direction.  It has three main parts.  Primarily, the amendments set out the different bases on which a defendant may plead guilty.  Secondly, minor changes are made to paragraph III.28 of the Consolidated Criminal Practice Direction regarding the Victim Personal Statement scheme.  Thirdly, it contains various forms for use with the Criminal Procedure Rules and when appealing to and from the Court of Appeal (Criminal Division).”

Full text

Judiciary of England and Wales, 20th May 2009

Source: www.judiciary.gov.uk

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) – WLR Daily

Posted May 20th, 2009 in armed forces, human rights, inquests, law reports by sally

R (Smith) v Oxfordshire Assistant Deputy Coroner (Equality and Human Rights Commission intervening) [2009] EWCA Civ 441

“A British soldier on military service in Iraq was subject to the jurisdiction of the United Kingdom within the meaning of art 1 of the Human Rights Convention and as such benefited from the rights guaranteed by the Human Rights Act 1998. An inquest held into the soldier’s death was to be an enhanced inquest conforming to the procedural requirements of the right to life in art 2 of the Convention.”

WLR Daily, 19th 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.

Rolls Royce plc v Unite the Union – WLR Daily

Posted May 20th, 2009 in age discrimination, EC law, law reports, redundancy by sally

Rolls Royce plc v Unite the Union [2009] EWCA Civ 387

“A length of service criterion within the selection matrix for redundancy selection, contained in collective agreements between a company and a workers’ union, was not in breach of the Employment Equality (Age) Regulations 2006, in that the inclusion of the criterion was a ‘proportionate means of achieving a legitimate aim’ within reg 3(1)(b).”

WLR Daily, 19th 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.

Stamp assault footballer jailed – BBC News

Posted May 20th, 2009 in assault, news, sentencing, sport by sally

“A Sunday league footballer who stamped on an opponent’s leg as he lay injured has been jailed.”

Full story

BBC News, 19th May 2009

Source: www.bbc.co.uk

Lawyers face calls to give business free service – The Times

Posted May 20th, 2009 in law firms, news by sally

“Banks and other cash-strapped businesses are putting pressure on law firms by calling for the services of junior lawyers free of charge during the downturn.”

Full story

The Times, 20th May 2009

Source: www.timesonline.co.uk

Legal party drug that killed student set to be banned – Daily Telegraph

Posted May 20th, 2009 in drug offences, news by sally

“Jacqui Smith, The Home Secretary, is to finally move to ban the legal party drug GBL that killed Hester Stewart, a promising medical student, almost a year after her chief drugs advisor told her to.”

Full story

Daily Telegraph, 19th May 2009

Source: www.telegraph.co.uk

Football teams club together to win groundbreaking WIPO domain name case – OUT-LAW.com

Posted May 20th, 2009 in arbitration, domain names by sally

“Some of England’s biggest football clubs have become the first companies to band together to win case under the best-known arbitration system for domain name disputes.”

Full story

OUT-LAW.com, 19th May 2009

Source: www.out-law.com

Hit-and-run driver who sold car on eBay sentenced to jail – The Guardian

“A former embassy official who fatally injured a cyclist in a hit-and-run crash and then attempted to cover her tracks by selling her car in parts on eBay was today sentenced to 10 years in jail.”

Full story

The Guardian, 19th May 2009

Source: www.guardian.co.uk

Man accused of double murder admits tying up French student – The Guardian

Posted May 20th, 2009 in murder, news by sally

“A man on trial for the murder of two French students in south London today admitted tying one of them up before they were repeatedly stabbed.”

Full story

The Guardian, 19th May 2009

Source: www.guardian.co.uk

Life term for Chinese pair murder – BBC News

Posted May 19th, 2009 in murder, news, sentencing by sally

“An illegal immigrant who murdered a Chinese couple in Newcastle has been jailed for life.”

Full story

BBC News, 18th May 2009

Source: www.bbc.co.uk

Bolsover District Council v Dennis Rye Ltd – Times Law Reports

Posted May 19th, 2009 in cross-claims, insolvency, law reports, winding up by sally

Bolsover District Council v Dennis Rye Ltd

Court of Appeal

“A judge hearing a winding-up petition against a company, when faced with a cross-claim by the company against the petitioner, had to consider only 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 taken action on the cross-claim unless it had a good reason for not doing so.”

The Times, 19th May 2009

Source: www.timesonline.co.uk

Practice Direction (Criminal Proceedings: Victim Personal Statements; Pleas of Guilty in the Crown Court; Forms) – Times Law Reports

Posted May 19th, 2009 in criminal procedure, Crown Court, practice directions, victims by sally

Practice Direction (Criminal proceedings: Victim personal statements; Pleas of guilty in the crown court; forms)

“Amended provisions concerning the practice in criminal proceedings in relation to victim personal statements, pleas of guilty in the crown court and forms would come into force with immediate effect.”

The Times, May 19th 2009

Source: www.timesonline.co.uk