Two jailed over hit-and-run death – BBC News

Posted July 31st, 2009 in dangerous driving, news, sentencing by sally

“Two men have been jailed over the death of a grandfather who was hit by a car which failed to stop.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Man incited internet child abuse – BBC News

Posted July 31st, 2009 in child abuse, incitement, news, sentencing, sexual offences by sally

“A British man who used an internet chatroom to incite a paedophile to sexually abuse an eight-year-old girl in the United States has been jailed.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

High Court revokes control order – BBC News

Posted July 31st, 2009 in control orders, disclosure, legal representation, news, terrorism by sally

“The government’s anti-terror strategy has suffered a blow after the High Court revoked the control order of a suspect accused of links to al-Qaeda.”

Full story

BBC News, 31st July 2009

Source: www.bbc.co.uk

Teaching assistant who helped husband film girls jailed – Daily Telegraph

Posted July 31st, 2009 in child abuse, news, pornography, sentencing by sally

“Teaching assistant Rosemary Foxall who helped her husband secretly film young girls as they bathed at their home has been jailed for two-and-a-half years.”

Full  story

Daily Telegraph, 31st July 2009

Source: www.telegraph.co.uk

Peter Andre wins libel payout from the People newspaper – The Guardian

Posted July 31st, 2009 in damages, defamation, news by sally

“Singer Peter Andre accepts undisclosed but substantial libel damages from the People newspaper.”

Full story

The Guardian, 31st July 2009

Source: www.guardian.co.uk

Ofcom proposes relaxing local radio and cross-media ownership rules – The Guardian

Posted July 31st, 2009 in consultations, media, news by sally

“Watchdog launches consultation on plans to allow commercial radio stations in one area to be owned by one company.”

Full story

The Guardian, 31st July 2009

Source: www.guardian.co.uk

Hacker Gary McKinnon fights on as extradition appeal rejected – The Times

Posted July 31st, 2009 in appeals, computer crime, extradition, news by sally

“Computer hacker Gary McKinnon will appeal to the newly formed Supreme Court after he today lost his latest High Court bid to avoid extradition to America.”

Full story

The Times, 31st July 2009

Source: www.timesonline.co.uk

Warning over constitution reforms – BBC News

Posted July 31st, 2009 in constitutional reform, news, parliament by sally

“The government’s attempts to reform the UK constitution risk failure if they are carried out in too ‘ad hoc and piecemeal’ a way, an MPs’ report said.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Hillsborough files to be opened – BBC News

Posted July 31st, 2009 in disclosure, health & safety, news, sport by sally

“Families who lost their loved ones in the Hillsborough disaster have renewed hope of a full disclosure after a meeting with the home secretary.”

Full story

BBC News, 29th July 2009

Source: www.bbc.co.uk

Yeong v General Medical Council – WLR Daily

Posted July 31st, 2009 in doctors, law reports, professional conduct by sally

Yeong v General Medical Council [2009] EWHC 1923 (Admin); [2009] WLR (D) 268

“When considering a medical practitioner’s fitness to practise where the misconduct consisted of violation of the professional relationship between doctor and patient the efforts made by the practitioner to address his behaviour for the future might carry less weight than in cases where the misconduct consisted of clinical errors or incompetence.”

WLR Daily, 30th 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 (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same – WLR Daily

Posted July 31st, 2009 in appeals, banking, compensation, law reports, nationalisation, news by sally

R (SRM Global Master Fund LP) v Commisioners of HM Treasury; R (RAB Special Situations (Master) Fund Ltd v Same; R (Grainger and others) v Same [2009] EWCA Civ 788; [2009] WLR (D) 267

“The statutory scheme established to compensate shareholders subsequent to the nationalisation of Northern Rock plc, on the basis of the assessment of the valuation of the shares by means of the statutory assumptions provided for in s 5(4) of the Banking (Special Provisions) Act 2008, did not violate the shareholders’ right to the protection of their property guaranteed under art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms. Those statutory assumptions struck the balance, required by the Convention, between the demands of the general interest of the community and the requirements of the protection of the individual’s fundamental rights.”

WLR Daily, 30th 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 Nelson; R v Pathak; R v Paulet – WLR Daily

Posted July 31st, 2009 in abuse of process, appeals, confiscation, law reports, proceeds of crime by sally

R v Nelson; R v Pathak; R v Paulet [2009] EWCA Crim 1573; [2009] WLR (D) 266

“Confiscation proceedings properly taken in accordance with statutory provisions should not be stayed as an abuse of process on the ground that the judge considered that they might produce an oppressive result.”

WLR Daily, 30th 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.

HIV sex offender appeal rejected – BBC News

Posted July 31st, 2009 in appeals, news, sentencing, sexual offences prevention orders by sally

“A sex offender from Devon who breached an order banning him from contacting people over the age of 60 has failed in a bid to reduce his latest jail term.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

Stiletto snag smoker wins payout – BBC News

Posted July 31st, 2009 in compensation, news, personal injuries by sally

“A woman who broke a leg after catching her stiletto heel in a pub’s smoking area has received £18,000 compensation.”

Full story

BBC News, 30th July 2009

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted July 31st, 2009 in law reports by sally

Court of Appeal (Civil Division)

NA (Afghanistan) v Secretary of State for the Home Department (Rev 1) 2009] EWCA Civ 846 (29 July 2009)

AB & Ors v Nugent Care Society (Rev 1) [2009] EWCA Civ 827 (29 July 2009)

AM, R (on the application of) v Secretary of State for the Home Department [2009] EWCA Civ 833 (30 July 2009)

Friends of the Earth & Ors, R (on the application of) v Secretary of State for Energy and Climate Change [2009] EWCA Civ 810 (30 July 2009)

ZB (Pakistan) v Secretary of State for the Home Department [2009] EWCA Civ 834 (30 July 2009)

Manning & Anor v Kings College Hospital NHS Trust [2009] EWCA Civ 832 (31 July 2009)

MA & Ors (Children), Re [2009] EWCA Civ 853 (31 July 2009)

Court of Appeal (Criminal Division)

Whittington v R. [2009] EWCA Crim 1641 (30 July 2009)

Iqbal v R. [2009] EWCA Crim 1627 (30 July 2009)

HIgh Court (Administrative Court)

Araya, R (on the application of) v Leeds City Council [2009] EWHC 1962 (Admin) (29 July 2009)

Saha v The General Medical Council [2009] EWHC 1907 (Admin) (29 July 2009)

Serious Organised Crime Agency v Perry & Ors [2009] EWHC 1960 (Admin) (30 July 2009)

High Court (Chancery Division)

Bilkus v Stockler Brunton (a firm) [2009] EWHC 1957 (Ch) (30 July 2009)

Parkinson v Fawdon [2009] EWHC 1953 (Ch) (30 July 2009)

High Court (C0mmercial Court)

Oceanbulk Shipping & Trading SA v TMT Asia Ltd & Ors [2009] EWHC 1946 (Comm) (29 July 2009)

Calyon v Wytwornia Sprzetu Komunikacynego Pzl Swidnik SA [2009] EWHC 1914 (Comm) (30 July 2009)

High Court (Queen’s Bench Division)

Williams v Jervis (Komatsu) [2009] EWHC 1838 (QB) (30 July 2009)

Williams v Jervis (Komatsu) [2009] EWHC 1837 (QB) (30 July 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted July 31st, 2009 in legislation by sally

The Glasgow Commonwealth Games Act 2008 (Games Association Right) Order 2009

The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009

The Welsh College of Horticulture (Dissolution) Order 2009

The School Admissions Code (Appointed Day) (Wales) Order 2009

Source: www.opsi.gov.uk

R v Charles – WLR Daily

Posted July 31st, 2009 in appeals, ASBOs, burden of proof, law reports by sally

R v Charles [2009] EWCA Crim 1570; [2009] WLR (D) 265

“Where a person was charged with an offence under s 1(10) of the Crime and Disorder Act 1998 of doing something which he was prohibited from doing by an anti-social behaviour order without reasonable excuse, the legal burden of proving that the defendant acted without reasonable excuse lay on the prosecution.”

WLR Daily, 30th 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 Bannister – WLR Daily

Posted July 31st, 2009 in dangerous driving, law reports, police by sally

R v Bannister [2009] EWCA Crim 1571; [2009] WLR (D) 264

“A driver’s special skill, or lack of skill, was an irrelevant circumstance when considering whether his driving was dangerous.”

WLR Daily, 30th 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.

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others – WLR Daily

Posted July 31st, 2009 in competition, law reports by sally

Bookmakers’ Afternoon Greyhound Services Ltd and others v Amalgamated Racing Ltd and others [2009] EWCA Civ 76; [2009] WLR (D) 263

“A co-operative venture between several business participants as the necessary and proportionate means to enter a new market to achieve the overall objective of the venture was not anti-competitive contrary to art 81EC of the EC Treaty.”

WLR Daily, 30th 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.

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same – WLR Daily

Posted July 31st, 2009 in insolvency, law reports, winding up by sally

Perpetual Trustee Co Ltd v BNY Corporate Trustee Services Ltd and another; Belmont Park Investments Pty Ltd v Same [2009] EWHC 1912 (Ch); [2009] WLR (D) 262

 “Although a contractual provision which had the effect of requiring a person who had become insolvent to be deprived of an asset conflicted with the principle that an insolvent’s assets would be available for distribution among his creditors and would generally be unenforceable, the principle did not invalidate contractual provisions which had the effect of prejudicing creditors of a company in the event of insolvency by the actual or effective removal of an asset from the insolvent estate.”

WLR Daily, 30th 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.