Network Rail fined for derailment – BBC News
“Network Rail has been fined £70,000 after a train travelling at 90mph derailed in Norfolk because of a poorly maintained level crossing.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
Day: 16 July 2009
Met ‘missed opportunities’ over Baby P – BBC News
“Police missed opportunities to gather evidence about the ill-treatment of Baby Peter in the months before his death, according to an unpublished report.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
BBC pays damages to Muslim leader – BBC News
“The BBC has agreed to pay £45,000 in damages to the head of the Muslim Council of Britain over a libellous claim in the Question Time programme.”
BBC News, 16th July 2009
Source: www.bbc.co.uk
Extradition without justice – The Guardian
Gary McKinnon’s fight to be prosecuted in the UK casts a stark light on our extradition arrangements with America. US prosecutors are threatening him with up to 70 years in a ‘supermax’ prison – and this a man with Asperger’s syndrome who could hardly be less suited to such punishment.”
The Guardian, 16th July 2009
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Civil Division)
AP v Secretary of State for the Home Department [2009] EWCA Civ 731 (15 July 2009)
Patchett & Amor v Swimming Pool & Allied Trades Association Ltd [2009] EWCA Civ 717 (15 July 2009)
High Court (Administrative Court)
AR v Secretary of State for the Home Department [2009] EWHC 1736 (Admin) (15 July 2009)
High Court (Commercial Court)
Investec Bank (UK) Ltd v Zulman & Anor [2009] EWHC 1590 (Comm) (15 July 2009)
High Court (Family Division)
Child X (Residence & Contact- Rights of Media Attendance) [2009] EWHC 1728 (Fam) (14 July 2009)
High Court (Queen’s Bench Division)
Ajinomoto Sweeteners Europe SAS v ASDA Stores Ltd [2009] EWHC 1717 (QB) (15 July 2009)
Source: www.bailii.org
Recent Statutory Instruments
The Air Navigation (Single European Sky) (Penalties) Order 2009
The Falkland Islands Courts (Overseas Jurisdiction) (Amendment) Order 2009
The International Criminal Court Act (Overseas Territories) Order 2009
The Criminal Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009
The Commonwealth Countries and Ireland (Immunities and Privileges) (Amendment) Order 2009
The Air Navigation (Amendment) Order 2009
The Civil Jurisdiction (Application to Offshore Renewable Energy Installations etc.) Order 2009
The Public Records (Designation of Bodies) Order 2009
The Consular Fees (Amendment) Order 2009
The Terrorism (United Nations Measures) Order 2009
The St Helena, Ascension and Tristan da Cunha Constitution Order 2009
The Parliamentary Commissioner Order 2009
The European Communities (Definition of Treaties) (Maritime Labour Convention) Order 2009
The Child Support Collection and Enforcement (Deduction Orders) Amendment Regulations 2009
The Sea Fishing (Landing and Weighing of Herring, Mackerel and Horse Mackerel) Order 2009
The Export Control (Amendment) (No. 2) Order 2009
The Criminal Defence Service (General) (No. 2) (Amendment) Regulations 2009
The Community Legal Service (Funding) (Counsel in Family Proceedings) (Amendment) Order 2009
The Capital Allowances (Environmentally Beneficial Plant and Machinery) (Amendment) Order 2009
The Swine Vesicular Disease (Wales) (Amendment) Regulations 2009
The Transfer of Functions of the Charity Tribunal Order 2009
The Transfer of Functions of the Consumer Credit Appeals Tribunal Order 2009
The Transfer of Functions (Estate Agents Appeals and Additional Scheduled Tribunal) Order 2009
Source: www.opsi.gov.uk
Bank of Tokyo-Mitsubishi UFJ Ltd and another v Baskan Gida Sanayi Ve Pazarlama AS and others – WLR Daily
“There was no general principle that where an otherwise successful party had put forward a dishonest case in relation to an issue in the litigation, the general rule in CPR r 44.3(2)(a) that costs should follow the event should be displaced.”
WLR Daily, 15th July 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 Erskine; R v Williams – WLR Daily
R v Erskine; R v Williams [2009] EWCA Crim 1425; [2009] WLR (D) 241
“Where an appeal against a conviction for murder raised the issue of diminished responsibility for the first time, the parties should provide the court with a detailed analysis of the relevant facts in order to assist the court in deciding whether evidence not adduced at trial should be heard on appeal.”
WLR Daily, 15th July 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 Gore; R v Maher – WLR daily
R v Gore; R v Maher [2009] EWCA Crim 1424; [2009] WLR (D) 240
“The issue of a fixed penalty notice asserting one offence did not relieve the recipient of any possible further proceedings if and when it became apparent that a more serious offence had in fact been committed in the course of the same incident.”
WLR Daily, 15th July 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 v T (Absent witness: Evidence) – Times Law Reports
Regina v T (Absent witness: Evidence)
Court of Appeal
“On an application for the admission of the statement of an absent witness, meeting the condition in section 116(2)(d) Criminal Justice Act 2003 that the relevant person could not be found although such steps as it was reasonably practicable to take to find him had been taken, required the calling of formal evidence, unless the relevant facts were set out in an agreed statement of facts.”
The Times, 16th July 2009
Source: www.timesonline.co.uk
Regina v Seager; Regina v Blatch – Times Law Reports
Regina v Seager; Regina v Blatch
Court of Appeal
“Where a confiscation order was made against a defendant in respect of his benefit from an offence of acting in contravention of an order or undertaking disqualifying him from acting as a company director, that benefit was not to be assessed as the turnover of the company, but as the value of the property obtained by the defendant himself.”
The Times, 16th July 2009
Source: www.timesonline.co.uk
Food warning follows prosecution – BBC News
“Trading standards officers are warning of the effects of out-of-date food on vulnerable people. Torfaen council’s comments follow its prosecution of the owners of the Regency House private nursing home at Parkes Lane, Pontypool.”
BBC News, 15th July 2009
Source: www.bbc.co.uk
Loan shark convicted of blackmail – BBC News
“A loan shark who left customers fearing for their lives has been found guilty of blackmail.”
BBC News, 15th July 2009
Source: www.bbc.co.uk
Action to prevent further deaths: details of Coroners’ reports and responses published for the first time – Ministry of Justice
“Details of coroners’ reports asking for organisations involved in deaths to take action to prevent further deaths are published by the Ministry of Justice today for the first time.”
Ministry of Justice, 15th July 2009
Source: www.justice.gov.uk
A simpler way to protect your future: redesigned ‘Lasting Power of Attorney’ forms – Ministry of Justice
“Simpler forms allowing you to choose someone now that you trust to make decisions on your behalf in the future if you lose your mental capacity have been presented to Parliament.”
Ministry of Justice, 15th July 2009
Source: www.justice.gov.uk
Family Legal Aid Plans Torn Apart in Damning Justice Select Committee Report – The Bar Council
“Legal Services Commission proposals to cut legal support for vulnerable children and families have been savaged in a damning report from the all-party Justice Select Committee.”
The Bar Council, 15th July 2009
source: www.barcouncil.org.uk
Statement: Kinsella killers’ sentences not to be referred as unduly lenient – Attorney General’s Office
Statement: Kinsella killers’ sentences not to be referred as unduly lenient.”
Attorney General’s Office, 15th July 2009
Source: www.attorneygeneral.gov.uk
Hospitals criticised over losses of sensitive patient information – OUT-LAW.com
“The Information Commissioner’s Office (ICO) has reprimanded five English NHS trusts over lax data protection regimes that resulted in the loss of 20,000 people’s personal data and the leaving of patients’ notes on a bus.”
OUT-LAW.com, 15th July 2009
Source: www.out-law.com
Woman jailed for Muslim blackmail – BBC News
“A blackmailer who threatened to expose her Muslim friend as a terrorist sympathiser has been jailed.”
BBC News, 15th July 2009
Source: www.bbc.co.uk
Ex-Met boss cleared over conduct – BBC News
“Former Commissioner of the Metropolitan Police Sir Ian Blair has been cleared of misconduct over the award of police contracts valued at £3m to a friend.”
BBC News, 15th July 2009
Source: www.bbc.co.uk
