Month: June 2009

R v Islam – WLR Daily

Posted June 11th, 2009 in confiscation, drug trafficking, law reports, proceeds of crime by sally

R v Islam [2009] UKHL 30; [2009] WLR (D) 177

“When assessing the ‘market value’ of goods for the purposes of making a confiscation order under the Proceeds of Crime Act 2002, the court was not restricted to looking at the value of the goods in a legitimate market but was required to look at the nature of the goods and the context it which the assessment was being made. If the only market in which the goods in question could be bought and sold was an illegitimate one, the court was entitled to take account of the price which a willing buyer would pay to a willing seller in that illegitimate market in order to assess the benefit obtained by the defendant.”

WLR Daily, 10th 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.

Supperstone v Hurst and another – WLR Daily

Posted June 11th, 2009 in law reports, restraining orders, vexatious litigants by sally

Supperstone v Hurst and another [2009] EWHC 1271 (Ch); [2009] WLR (D) 176

“The court did not have jurisdiction to make an extended civil restraint order which prevented the person subject to the order from engaging in any form of mere communication with the person for whose benefit the order was made.”

WLR Daily, 10th 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.

R v Fazal – WLR Daily

Posted June 11th, 2009 in conversion, law reports, proceeds of crime by sally

R v Fazal [2009] WLR (D) 175

“A defendant who allowed another person to lodge, receive, retain or withdraw money which amounted to criminal property from the defendant’s bank account, was to be regarded as having converted that property for the purposes of s 327(1)(c) of the Proceeds of Crime Act 2002.”

WLR Daily, 10th 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.

Why must a secret service fair hearing be heard in secret? – The Times

Posted June 11th, 2009 in freedom of expression, intelligence services, investigatory powers, news by sally

“Former MI5 officers guard many secrets. But, as Dame Stella Rimington well knows, they can tell their own stories. A former agent has to seek prior approval for publication from his or her former employers and, if it is not given, any dispute will ultimately be adjudicated by a High Court Judge with all the usual safeguards to ensure a fair trial. Or so it was thought until the Court of Appeal gave judgment in A v B.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Case study: stateless Palestinian came to Britain as refugee – The Times

Posted June 11th, 2009 in control orders, human rights, news, terrorism by sally

“Mahmoud Abu Rideh is a stateless Palestinian who came to Britain as a refugee and in 1998 was granted indefinite leave to remain.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Recent Statutory Instruments – OPSI

Posted June 11th, 2009 in legislation by sally

The National Health Service Trusts (Dissolution) (Wales) Order 2009

The Freedom of Information (Time for Compliance with Request) Regulations 2009

The Health Professions Council (Practice Committees and Miscellaneous Amendments Rules) Order of Council 2009

The Health Professions Council (Constitution) Order 2009

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

The Amendments to Law (Resolution of Dunfermline Building Society) (No. 2) Order 2009

The Council Tax Limitation (Maximum Amounts) (England) Order 2009

Source: www.opsi.gov.uk

Analysis: contol orders ruling – information or freedom – The Times

Posted June 11th, 2009 in control orders, human rights, legal representation, news, terrorism by sally

“Yesterday’s ruling highlights the conflicting demands faced by the Government since the September 11 attacks: the need to protect the public from terrorists and the fundamental rights of the individual.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Civil justice system: why we are doing well but can do better – The Times

Posted June 11th, 2009 in civil justice, civil procedure rules, costs, news by sally

“Ten years ago I took on the task of looking at how we could reform our slow and costly civil justice system. The resulting proposals were enshrined in new civil procedure rules (CPR). They were intended to transform, and I believe did transform, the legal system. The object was to create a new way of conducting civil litigation in England and Wales.”

Full story

The Times, 11th June 2009

Source: www.timesonline.co.uk

Metropolitan police officers flushed my head in toilet, says suspect – The Guardian

Posted June 11th, 2009 in news, police, torture by sally

“One of the victims of alleged torture by six Metropolitan police officers claims his head was thrust down a toilet which was repeatedly flushed over him as he was interrogated, the Guardian has learned.”

Full story

The Guardian, 10th June 2009

Source: www.guardian.co.uk

Q&A: terror control orders – The Times

Posted June 11th, 2009 in control orders, news by sally

“What are control orders?

They allow the Home Secretary to impose restrictions on a person suspected of involvement in terrorist related activity.”

Full story

The Times, 10th June 2009

Source: www.timesonline.co.uk

Brown gets tough in Parliament clean-up – The Independent

Posted June 11th, 2009 in constitutional law, news, parliamentary privilege by sally

“Legislation is to be rushed through Parliament to end Westminster’s system of self-regulation and impose a new code of conduct on MPs in the wake of the expenses scandal, Gordon Brown announced today.”

Full story

The Independent, 10th June 2009

Source: www.independent.co.uk

Criminal responsibility – BBC News

Posted June 10th, 2009 in children, criminal responsibility, news by sally

“In England and Wales the age of criminal responsiblity is 10 – but should it be raised?”

Full story

BBC News, 10th June 2009

Source: www.bbc.co.uk

Defrocked priest squatting in vicarage given reprieve – The Guardian

Posted June 10th, 2009 in clergy, disciplinary procedures, news by sally

“A judge has denied the Church of England the power to evict a defrocked cleric who is squatting in a vicarage.”

Full story

The Guardian, 10th June 2009

Source: www.guardian.co.uk

Law Lords devastate terror control orders in secret evidence ruling – The Times

Posted June 10th, 2009 in control orders, human rights, legal representation, news, terrorism by sally

“The Law Lords today blew a hole in the Government’s controversial control orders for terrorist suspects in a ruling against the use of secret evidence.”

Full story

The Times, 10th June 2009

Source: www.timesonline.co.uk

Mediation – an integral part of our litigation culture – Speech by Lord Clarke of Stone-cum-Ebony

Posted June 10th, 2009 in dispute resolution, speeches by sally

Mediation – an integral part of our litigation culture (PDF)

Speech by Lord Clarke of Stone-cum-Ebony, Master of the Rolls

Littleton Chambers Annual Mediation Evening, 8th June 2009

Source: www.judiciary.gov.uk

AB and Others v Ministry of Defence – Times Law Reports

Posted June 10th, 2009 in law reports, limitations, personal injuries by sally

AB and Others v Ministry of Defence

Queen’s Bench Division

“Claims for compensation by former servicemen in relation to exposure to ionising radiation as a result of nuclear tests carried out in the 1950s were not to be struck out either as time-barred or as having no reasonable prospect of success.”

The Times, 10th June 2009

Source: www.timesonline.co.uk

Met officers accused of ‘torture’ – BBC News

Posted June 10th, 2009 in complaints, news, police, torture by sally

“Six Metropolitan Police officers have been suspended or placed on restricted duties following allegations of ill-treatment after a police raid.”

Full story

BBC News, 10th June 2009

Source: www.bbc.co.uk

Gary McKinnon, hacker with Asperger syndrome, fights extradition to US – The Times

Posted June 10th, 2009 in autism, computer crime, extradition, news by sally

“A British ‘UFO eccentric’ accused of hacking into US military networks brought a last challenge in the High Court yesterday against extradition to America on health grounds.”

Full story

The Times, 10th June 2009

Source: www.timesonline.co.uk

Rape victims face postcode lottery for justice – Daily Telegraph

Posted June 10th, 2009 in criminal justice, news, rape, victims by sally

“Rape victims face a postcode lottery in bringing their attackers to justice with victims in one area standing just a one in sixty chance.”

Full story

Daily Telegraph, 10th June 2009

Source: www.telegraph.co.uk

Court of Appeal clarifies procurement rules and ends local authorities’ insurance venture – OUT-LAW.com

Posted June 10th, 2009 in company law, local government, news by sally

“Local authorities have been barred from joining together to form an insurance company. The Court of Appeal has blocked London authorities from forming the mutual firm, ruling that councils acted beyond their powers and broke procurement rules.”

Full story

OUT-LAW.com, 10th June 2009

Source: www.out-law.com