18/06/2009 – Current Awareness

“Britain’s constitutional affairs minister, Michael Wills, is urging his fellow ministers not to backtrack over ending the dual role of the attorney general as politician and legal adviser to the government. It is vital to separate the roles in order to maintain public confidence in the way critical decisions are reached, he says.”

Full story

The Guardian, 17th June 2009

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted June 18th, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Clarke v R. [2009] EWCA Crim 1074 (12 June 2009)

Court of Appeal (Civil Division)

Remblance v Octagon Assets Ltd [2009] EWCA Civ 581 (17 June 2009)

Sonmez v Secretary of State for the Home Department & Ors [2009] EWCA Civ 582 (17 June 2009)

Mehra v Mehra & Aras [2009] EWCA Civ 584 (17 June 2009)

Copley v Lawn & Ors [2009] EWCA Civ 580 (17 June 2009)

High Court (Chancery Division)

Cobden Investments Ltd v RWM Langport Ltd & Ors [2009] EWHC 1362 (Ch) (17 June 2009)

Polo Woods Foundation v Shelton-Agar & Anor [2009] EWHC 1361 (Ch) (17 June 2009)

Tanks and Vessels Industries Ltd v Devon Cider Company Ltd [2009] EWHC 1360 (Ch) (17 June 2009)

High Court (Queen’s Bench)

Alexis v London Borough of Newham [2009] EWHC 1323 (QB) (15 June 2009)

High Court (Family Division)

Bath & North East Somerset Council v A Mother & Ors [2008] EWHC B10 (Fam) (22 December 2008)

High Court (Administrative Court)

Abdi, R (on the application of) v Secretary of State for the Home Department [2009] EWHC 1324 (Admin) (22 May 2009)

London District Properties Management Ltd & Ors v Goolamy & Anor [2009] EWHC 1367 (Admin) (16 June 2009)

High Court (Technology and Construction Court)

Bovis Homes Ltd v Kendrick Construction Ltd [2009] EWHC 1359 (TCC) (09 June 2009)

High Court (Commercial Court)

Toprise Fashions Ltd v Nik Nak Clothing Co Ltd & Ors [2009] EWHC 1333 (Comm) (17 June 2009)

Source: www.bailii.org

First trial without jury approved – BBC News

Posted June 18th, 2009 in Crown Court, juries, news, robbery, trial without jury by sally

“The Court of Appeal has ruled that a criminal trial can take place in front of a judge without a jury for the first time in England and Wales.”

Full story

BBC News, 18th June 2009

Source: www.bbc.co.uk

In re Attorney General’s Reference (No 3 of 1999) – WLR Daily

Posted June 18th, 2009 in anonymity, human rights, law reports, privacy by sally

In re Attorney General’s Reference (No 3 of 1999) [2009] UKHL 34; [2009] WLR (D) 192

“An order made by the House of Lords on an Attorney General’s reference in October 2000 prohibiting identification of the defendant, D, should now, on a balance of the defendant’s right to privacy under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms and the right of the media to freedom of expression and communication under art 10, be discharged.”

WLR Daily, 17th June 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.

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd – WLR Daily

Posted June 18th, 2009 in bailment, consumer credit, contracts, law reports by sally

TRM Copy Centres (UK) Ltd and others v Lanwall Services Ltd [2009] UKHL35; [2009] WLR (D) 190

“An agreement between the provider of photocopiers and the retailer in whose premises the photocopiers were located was not a consumer hire agreement within the meaning of s 15 of the Consumer Credit Act 1974 if there was no obligation on the part of the retailer to make any payment in cash or kind for the hire of the photocopiers.”

Source: www.lawreport.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Official Receiver v McKay – WLR Daily

Posted June 18th, 2009 in bankruptcy, law reports, proof by sally

Official Receiver v McKay [2009] EWCA Civ 467; [2009] WLR (D) 191

“Where the only proven debt against a bankrupt’s estate had been withdrawn by the creditor for whatever reason, the court was empowered under s 282(1)(b) of the Insolvency Act 1986 to annul the bankruptcy order on the footing that the proven debt no longer existed at the time the annulment order was made, without investigating whether the proven debt had been fully paid or expunged.”

WLR Daily, 17th June 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.

Lewis and another v Metropolitan Property Realisations Ltd – WLR Daily

Posted June 18th, 2009 in assignment, bankruptcy, law reports, matrimonial home, trustees in bankruptcy by sally

Lewis and another v Metropolitan Property Realisations Ltd [2009] EWCA Civ 448; [2009] WLR (D) 189

“The word ‘realise’ in the context of s 283A(3)(a) of the Insolvency Act 1986 was not, in its context, capable of covering a transaction where there was deferred monetary consideration during the period before that consideration came in, so that a bankrupt’s interest in property that had formerly vested jointly in him and his wife revested in him on the third anniversary of his bankruptcy despite his trustee in bankruptcy having assigned that interest to a creditor by way of an agreement for consideration of £1 and 25% of any eventual sale of the interest.”

WLR Daily, 17th June 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.

Baker and Others v Quantum Clothing and Others – Times Law Reports

Posted June 18th, 2009 in health & safety, law reports, noise by sally

Baker and Others v Quantum Clothing and Others

Court of Appeal

“Whether a work place was in fact made and kept safe was to be judged objectively without reference to what might have earlier been thought to be good practice.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999) – Times Law Reports

Posted June 18th, 2009 in anonymity, freedom of expression, human rights, law reports, privacy by sally

In re British Broadcasting Corporation: Attorney-General’s Reference (No 3 of 1999)

House of Lords

“Balancing the defendant’s right to privacy under article 8 of the European Convention on Human Rights against the right of the British Broadcasting Corporation under article 10 of that Convention to freedom of expression and communication, an order made by the House of Lords in October 2000 in an Attorney-General’s reference prohibiting identification of the defendant, D, should be discharged.”

The Times, 18th June 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted June 18th, 2009 in legislation by sally

The Double Taxation Relief and International Tax Enforcement (Virgin Islands) Order 2009

The Double Taxation Relief and International Tax Enforcement (Guernsey) Order 2009

The Double Taxation Relief and International Tax Enforcement (Jersey) Order 2009

The Banking Act 2009 (Restriction of Partial Property Transfers) (Amendment) Order 2009

The Dunfermline Building Society Compensation Scheme, Resolution Fund and Third Party Compensation Order 2009

The National Insurance Contribution Credits (Transfer of Functions) Order 2009

The Cayman Islands Constitution Order 2009

The European Communities (Designation) (No. 3) Order 2009

The European Parliament (Pay and Pensions) Regulations 2009

The Social Security (Equalisation of State Pension Age) Regulations 2009

Source: www.opsi.gov.uk

‘Terror Act search was Orwellian’ – BBC News

Posted June 18th, 2009 in news, stop and search, terrorism by sally

“Police officers are trying to racially balance official figures in the way they select people to search under terrorism laws, it has been suggested.”

Full story

BBC News, 17th June 2009

Source: www.bbc.co.uk

GCHQ man, Neil McLellan, faces jail sentence after lying under oath – The Times

Posted June 18th, 2009 in firearms, news, perjury, sentencing by sally

“A former employee of the GCHQ spy centre is facing jail for perjury and possession of a .44 Magnum revolver after being caught lying under oath.”

Full story

The Times, 16th June 2009

Source: www.timesonline.co.uk

Lawyers revolt over auction of legal aid work – The Times

Posted June 18th, 2009 in legal aid, legal profession, news by sally

“Ministers are facing a growing revolt over plans to hold a ‘reverse auction’ to award legal aid contracts to the lowest bidders. Nearly 2,500 lawyers who say the scheme will cause ‘irreparable damage’ to the quality of the justice system have already signed a Downing Street online petition urging the plans be scrapped.”

Full story

The Times, 18th June 2009

Source: www.timesonline.co.uk

Senior judge’s ‘concerns for open justice’ in family courts – Daily Telegraph

Posted June 18th, 2009 in family courts, news by sally

“A senior judge admitted he has concerns for ‘open justice’ in family courts after hearing how a couple were prevented from becoming the guardians of their grandson.”

Full story

Daily Telegraph, 17th June 2009

Source: www.telegraph.co.uk

Verdict on ‘arrogant’ pathologist – BBC News

Posted June 18th, 2009 in news, pathologists, professional conduct by sally

“A former Home Office pathologist who admitted he was ‘incredibly arrogant’ in wrongly asserting two women were murdered can continue to practise.”

Full story

BBC News, 17th June 2009

Source: www.bbc.co.uk

IVF libel battle shows how capping costs would hit claims – The Times

Posted June 18th, 2009 in costs, defamation, news by sally

“The BBC is no doubt still licking its wounds after settling a claim, reputedly for up to £6 million, by Mohamed Taranissi, an IVF specialist. He launched his claim after a Panorama programme, broadcast in January 2007, made serious allegations about his medical practices.”

Full story

The Times, 18th June 2009

Source: www.timesonline.co.uk

Student sentenced over terror bid – BBC News

Posted June 18th, 2009 in news, sentencing, terrorism by sally

“A student who tried to travel to Afghanistan to fight jihad has been jailed for three-and-a-half years.”

Full story

BBC News, 17th June 2009

Source: www.bbc.co.uk

Invoice theft breached confidence, rules High Court – OUT-LAW.com

Posted June 18th, 2009 in confidentiality, news by sally

“The handing over of a set of stolen invoices from one dairy wholesaler to its most bitter rival was a breach of confidence, the High Court has ruled. The taking of the invoices by an ex-employee and their user by the rival broke the law, it said.”

Full story

OUT-LAW.com, 17th June 2009

Source: www.out-law.com