21/10/2009 – Current Awareness

“Barristers are expecting a rise in cases against solicitors who have not paid fees to counsel after Lincoln’s Inn set Enterprise Chambers successfully sued West End firm Sibley & Co for fees owed.”

Full story

The Lawyer, 19th October 2009

Source: www.thelawyer.com

Family legal aid reforms put vulnerable families and children first – Ministry of Justice

Posted October 21st, 2009 in family courts, legal aid, news by sally

“The Ministry of Justice and the Legal Services Commission have today published new fee structures for family legal aid.”

Full story

Ministry of Justice, 21st October 2009

Source: www.justice.gov.uk

Murderer’s appeal ‘unarguable from the start’ – The Independent

Posted October 21st, 2009 in appeals, murder, news by sally

“A teenager who violently beat a hairdresser to death with a heavy duty barbell lost an appeal against his murder conviction today.”

Full story

The Independent, 21st October 2009

Source: www.independent.co.uk

Outrage as ‘secret inquests’ plan revived – The Times

Posted October 21st, 2009 in news by sally

“Civil liberties campaigners today accused the Government of quietly reviving plans to hold investigations into controversial deaths in secret.”

Full story

The Times, 21st October 2009

Source: www.timesonline.co.uk

Bar Council and Criminal Bar Association Brief Peers on Provisions Contained with the Coroners and Justice Bill – The Bar Council

Posted October 21st, 2009 in barristers, coroners, inquests, news by sally

“The Bar Council and the Criminal Bar Association (CBA) have sent a briefing paper to members of the House of Lords, bringing to their attention their continued concerns about some aspects of the Coroners and Justice Bill. The Bill, which will enter Report Stage in the House of Lords today, addresses a broad range of provisions within the criminal justice system, including the inquest system; clarifying the law on encouraging and assisting suicide; special measures for vulnerable and intimidated witnesses; the introduction of a Sentencing Council; and an enabling provision to regulate Damages Based Agreements (DBAs) through statutory instrument. The briefing paper, sent to members of the House of Lords as they return for the final few weeks of the 2008-9 parliamentary session, sets out the views of the Bar Council and CBA on these issues, which remain a concern to both organisations.”

Full story

The Bar Council, 21st October 2009

Source: www.barcouncil.org.uk

Lord Chief Justice’s statement on “Super-Injunctions” – Judiciary of England and Wales

Posted October 21st, 2009 in injunctions, news by sally

“In response to a question from a reporter at his media briefing this morning the Lord Chief Justice, Lord Judge, outlined his view on ‘super-injunctions’.”

Full story

Judiciary of England and Wales, 20th October 2009

Source: www.judiciary.gov.uk

Recent Statutory Instruments – OPSI

Posted October 21st, 2009 in legislation by sally

The Charges for Residues Surveillance (Amendment) Regulations 2009

The Criminal Defence Service (General) (No.2) (Amendment No.3) Regulations 2009

The Criminal Justice Act 2003 (Conditional Cautions: Financial Penalties) Order 2009

The Veterinary Surgery (Artificial Insemination) (Amendment) Order 2009

The Inspectors of Education, Children’s Services and Skills (No. 3) Order 2009

The Copyright (Bermuda) Revocation Order 2009

The Tax Credits (Excluded Companies) Regulations 2009

The Police and Justice Act 2006 (Commencement No. 12) Order 2009

Source: www.opsi.gov.uk

Constitutional Reform and Governance Bill second reading – Ministry of Justice

Posted October 21st, 2009 in constitutional reform, news, parliament by sally

“Government proposals to end the hereditary principle in the House of Lords will be debated today as the Constitutional Reform and Governance Bill has its second reading.”

Full story

Ministry of Justice, 20th October 2009

Source: www.justice.gov.uk

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) – WLR Daily

Posted October 21st, 2009 in elections, forfeiture, law reports, political parties by sally

Regina (Electoral Commission) v City of Westminster Magistrates’ Court (United Kingdom Independence Party intervening) [2009] EWCA Civ 1078; [2009] WLR (D) 299

“Once an impermissible donation had been made to a registered political party and the party had not returned it a magistrates’ court should on an application by the Electoral Commission normally exercise its discretion under section 58(2) of the Political Parties, Elections and Referendums Act 2000 to order forfeiture of an amount equal to the value of the donation.”

WLR Daily, 19th October 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 (GG) v Secretary of State for the Home Department – Times Law Reports

Posted October 21st, 2009 in law reports by sally

Regina (GG) v Secretary of State for the Home Department

Court of Appeal

“There was no general requirement in a control order to submit to searches of the person.”

The Times, 21st October 2009

Source: www.timesonline.co.uk

Matalan Retail Ltd v Commissioners of Revenue and Customs – Times Law Reports

Posted October 21st, 2009 in law reports by sally

Matalan Retail Ltd v Commissioners of Revenue and Customs

Chancery Division

“Where, for duty purposes, a classification was allocated to imported swimwear but that was then revised and corrected, the VAT and Duties Tribunal and Revenue and Customs Commissioners were not precluded by the doctrines of estoppel or abuse of process from retaining the monetary difference between the correct higher rates paid and the sums which would have been due under the original lower classification.”

The Times, 21st October 2009

Source: www.timesonline.co.uk

Regina (Child Poverty Action Group) v Secretary of State for Work and Pensions – Times Law Reports

Posted October 21st, 2009 in law reports by sally

Regina (Child Poverty Action Group) v Secretary of State for Work and Pensions

Court of Appeal

“Where the cause of an overpayment of social security benefits was neither misrepresentation nor non-disclosure, the Secretary of State for Work and Pensions was not entitled to resort to common law to recover the money paid.”

The Times, 21st October 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted October 21st, 2009 in law reports by sally

Court of Appeal (Civil Division)

Birmingham City Council v Qasim & Ors [2009] EWCA Civ 1080 (20 October 2009)

Wilson v Health and Safety Executive [2009] EWCA Civ 1074 (20 October 2009)

Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2009] EWCA Civ 1022 (20 October 2009)

Boggis & Anor v Natural England [2009] EWCA Civ 1061 (20 October 2009)

AS (Afghanistan) v Secretary of State for the Home Department [2009] EWCA Civ 1076 (20 October 2009)

High Court (Chancery Division)

Red 12 Trading Ltd v Revenue & Customs [2009] EWHC 2563 (Ch) (20 October 2009)

Jirehouse Capital & Ors v Beller & Anor [2009] EWHC 2538 (Ch) (20 October 2009)

High Court (Queen’s Bench)

Guerrero & Ors v Monterrico Metals Plc & Anor (Rev 1) [2009] EWHC 2475 (QB) (16 October 2009)

High Court (Administrative Court)

Casson & Anor v The Law Society [2009] EWHC 1943 (Admin) (20 October 2009)

Kaupthing Bank hf, R (on the application of) v HM Treasury [2009] EWHC 2542 (Admin) (20 October 2009)

High Court (Technology and Construction Court)

Natl Amusements (UK) Ltd & Ors v White City (Shepherds Bush) Ltd Partnership & Anor [2009] EWHC 2524 (TCC) (16 October 2009)

Source: www.bailii.org

Freedom of Information – BBC News

Posted October 21st, 2009 in freedom of information, news by sally

“The Freedom of Information Act 2000 finally came into force on 1st January 2005.

Soon to celebrate its fifth birthday the Act is regarded by many as a crucial tool in bringing transparency and accountability to government.”

Full story

BBC News, 20th October 2009

Source: www.bbc.co.uk

The jury’s still out on whether internet use affects the brain – The Times

Posted October 21st, 2009 in news by sally

“Advances in technology have revealed that our brains are far more altered by experience or training than was thought possible. The memory-storing hippocampus region of the brain in London taxi drivers is bigger, and the auditory areas of musicians more developed, than average. Even learning to juggle can result in a certain amount of rewiring of the brain.”

Full story

The Times, 21st October 2009

Source: www.timesonline.co.uk

Lord Judge calls for jury system that caters for computer generation – The Times

Posted October 21st, 2009 in news by sally

“The jury system is threatened by the internet generation, who no longer get their information from listening to people speaking, the Lord Chief Justice warned yesterday.”

Full story

The Times, 21st October 2009

Source: www.timesonline.co.uk

Lawyer guilty of conning bank out of millions – The Independent

Posted October 21st, 2009 in fraud, news by sally

“A powerful City lawyer was facing jail yesterday after being found guilty of conning one the world’s richest banks out of millions of pounds.”

Full story

The Independent, 21st October 2009

Source: www.independent.co.uk

Free speech in parliament is precious, says lord chief justice – The Guardian

Posted October 21st, 2009 in freedom of expression, injunctions, news, parliament by sally

“Britain’s most senior judge has warned his fellow judges that he cannot envisage any circumstances in which it would be “constitutionally possible or proper” for a court to make an order that gagged debate in parliament. His warning follows the Guardian’s free speech victory last week when lawyers for the oil trading company Trafigura gave up their attempt to gag parliament over its dumping of toxic waste in Ivory Coast.”

Full story

The Guardian, 20th October 2009

Source: www.guardian.co.uk

Intern ‘had no access to inside information’ – The Times

Posted October 21st, 2009 in news by sally

“An intern at Hoare Govett accused of leaking secret information about takeovers was given menial tasks, a court heard.”

Full story

The Times, 20th October 2009

Source: www.timesonline.co.uk