July 2009 – Page 15 – Current Awareness

Regina v Knaggs – WLR Daily

Posted July 15th, 2009 in confiscation, evidence, guilty pleas, law reports by sally

Regina v Knaggs [2009] EWCA Crim 1363; [2009] WLR (D) 239

“A defendant who had pleaded guilty to an offence without any challenge to the facts by way of a Newton hearing was not thereby debarred, as a matter of law, from challenging the prosecution evidence for the purposes of a confiscation hearing.”

WLR Daily, 14th 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 (Al-Sweady and others) v Secretary of State for Defence – WLR Daily

Posted July 15th, 2009 in disclosure, human rights, Iraq, law reports, public interest immunity by sally

R (Al-Sweady and others) v Secretary of State for Defence [2009] EWHC 1687 (Admin); [2009] WLR (D) 238

“The complete integrity of public interest immunity certificates and the schedules attached to them, signed by ministers of the Crown, was absolutely essential in all cases in which they were put forward. The courts had to be able to have complete confidence in the credibility and reliability of such certificates and schedules. Nothing less was acceptable.”

WLR Daily, 14th 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.

Alexis v Newham London Borough Council – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Alexis v Newham London Borough Council

Queen’s Bench Division

“A local authority owed a duty of care to its teachers to take such precautions as were reasonable to prevent or minimise the risk of injury that might occur as a result of mischievous or malicious behaviour on the part of pupils.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Lewis and Another v Metropolitan Property Realisations Ltd – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Lewis and Another v Metropolitan Property Realisations Ltd

Court of Appeal

“A trustee in bankruptcy had three years from the date of the bankruptcy to get in the full cash consideration for the assignment of the bankrupt’s interest in his former matrimonial home, or else the property would re-vest in the bankrupt.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Copley v Lawn; Maden v Haller – Times Law Reports

Posted July 15th, 2009 in law reports by sally

Copley v Lawn; Maden v Haller

Court of Appeal

“An offer by a negligent driver’s insurers to a claimant of a free replacement car while repairs were being done had to make clear to the claimant the cost to the defendant of hiring the car. A claimant who unreasonably rejected the offer did not forfeit his damages claim altogether.”

The Times, 15th July 2009

Source: www.timesonline.co.uk

Consultation – Crown Court means testing draft regulations – Ministry of Justice

Posted July 15th, 2009 in legal aid, press releases by sally

“This consultation paper sets out the details of the draft regulations for the introduction of means testing for criminal legal aid in the Crown Court.”

Full press release

Ministry of Justice, 14th July 2009

Source: www.justice.gov.uk

Speech at Lord Mayor’s Annual Judges’ Dinner – Ministry of Justice

Posted July 15th, 2009 in constitutional reform, judiciary, speeches by sally

“This speech is a good opportunity to take stock – four years after the Constitutional Reform Act fundamentally changed the relationship between the judiciary and the Executive, and a matter of months before the UK Supreme Court opens, heralding a new era in the separation of powers.”

Full speech

Ministry of Justice, 14th July 2009

Source: www.justice.gov.uk

Pro Bono Case Produces First Substantial “Pro Bono Costs Order” – The Bar Council

Posted July 15th, 2009 in press releases, pro bono work by sally

“Andrew Walker of Maitland Chambers, solicitors from housing charity Shelter, and Freshfields Bruckhaus Deringer LLP, together acted pro bono to save a family from eviction of their home of 20 years. In the process they obtained the first large Section 194 ‘pro bono costs order’, requiring the losing party to pay £20,000 to the Access to Justice Foundation to support yet more pro bono.”

Full press release

The Bar Council, 14th July 2009

Source: www.barcouncil.org.uk

Lords defeat on terror safeguards – BBC News

Posted July 15th, 2009 in news, terrorism by sally

“The government has suffered a defeat in the Lords where peers have backed plans for an independent commissioner for terrorist suspects.”

Full story

BBC News, 13th July 2009

Source: www.bbc.co.uk

1998 murder conviction challenged – BBC News

Posted July 15th, 2009 in appeals, diminished responsibility, homicide, murder, news, provocation by sally

“A man jailed for life 11 years ago after admitting repeatedly stabbing his wife to death when she left him, is appealing against his conviction.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Surgeon cleared over brain injury – BBC News

Posted July 15th, 2009 in disciplinary procedures, doctors, news, professional conduct by sally

“A surgeon who cut into a patient’s brain during a sinus operation has been cleared by the General Medical Council.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Israeli tourism posters banned by watchdog over controversial map – The Guardian

Posted July 15th, 2009 in advertising, complaints, Israel, news by sally

“A tourism campaign depicting the areas of the West Bank, Gaza Strip and Golan Heights as part of Israel has been banned by the advertising watchdog following hundreds of complaints.”

Full story

The Guardian, 15th July 2009

Source: www.guardian.co.uk

Jail sentence for squatter conman – BBC News

Posted July 14th, 2009 in fraud, news, sentencing, squatting by sally

“A man who posed as a businessman to trick two couples into renting out their homes where he and his wife squatted has been jailed for 15 months.”

Full story

BBC News, 14th July 2009

Source: www.bbc.co.uk

Asperger’s syndrome hacker ‘should not be extradited’ – The Guardian

Posted July 14th, 2009 in autism, computer crime, extradition, news by sally

” ‘Humanitarian considerations’ that have arisen in the case of Asperger’s syndrome sufferer Gary McKinnon mean he should not face trial in the US for hacking into American military computers, the high court heard today.”

Full story

The Guardian, 14th July 2009

Source: www.guardian.co.uk

Psychiatric nurse jailed for golf rage attack – The Guardian

Posted July 14th, 2009 in assault, news, sentencing by sally

“A golfer who beat a fellow player around the head with an eight iron after an outbreak of ‘golf rage’ was today jailed for nine months.”

Full story

The Guardian, 14th July 2009

Source: www.guardian.co.uk

Stockwell Strangler Kenneth Erskine has murder convictions overturned – The Times

Posted July 14th, 2009 in appeals, diminished responsibility, homicide, news by sally

“Kenneth Erskine, known as the Stockwell Strangler after he killed seven London pensioners in a three-month period in 1986, has today had his murder convictions reduced to manslaughter on the grounds of diminished responsibility.”

Full story

The Times, 14th July 2009

Source: www.timesonline.co.uk

Lord Neuberger tipped as next Master of Rolls – The Lawyer

Posted July 14th, 2009 in judges, news by sally

“Speculation is mounting at the bar that Lord David Neuberger [sic] will become the 95th Master of the Rolls (MR) when the incumbent MR Anthony Clarke joins the Supreme Court in October.”

Full story

The Lawyer, 12th July 2009

Source: www.thelawyer.com