Day: 28 October 2009
Convicted murderer loses vote bid – BBC News
“A convicted murderer has lost a legal battle to be given the right to vote in elections while serving a prison term.”
BBC News, 28th October 2009
Source: www.bbc.co.uk
Longer term for Rhys gun supplier – BBC News
“The man who supplied the handgun used to kill Rhys Jones has had his sentence increased to 12 years.”
BBC News, 28th October 2009
Source: www.bbc.co.uk
Security services ask for secret evidence – The Times
“British intelligence services made an unprecedented request to a High Court judge yesterday to use secret evidence in defending a civil claim alleging they were complicit in the ill-treatment of former Guantanamo Bay detainees.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
Lord Mandelson sets date for blocking filesharers’ internet connections – The Guardian
“Lord Mandelson, the business secretary, warned internet users today that the days of ‘consequence-free’ illegal filesharing are over as he unveiled the government’s plan for cracking down on online piracy.”
The Guardian, 28th October 2009
Source: www.guardian.co.uk
BAILII: Recent Decisions
Court of Appeal (Criminal Division)
McAuley, R. v [2009] EWCA Crim 2130 (08 October 2009)
Bradshaw, R. v [2009] EWCA Crim 2113 (09 October 2009)
Court of Appeal (Civil Division)
JSC BTA Bank v Ablyazov & Ors [2009] EWCA Civ 1125 (27 October 2009)
White v Withers Llp & Ors ] EWCA Civ 1122 (27 October 2009)
Charania v Harbour Estates Ltd [2009] EWCA Civ 1123 (27 October 2009)
High Court (Chancery Division)
High Court (Commercial Court)
High Court (Technology and Construction Court)
Mayhaven Healthcare Ltd v Bothma & Anor (t/a DAB Builders) [2009] EWHC 2634 (TCC) (26 October 2009)
Source: www.bailii.org
High court injunction – the weapon of choice to slap down protests – The Guardian
“Chris Osmond is a battle-hardened campaigner who has been in and out of courts during his efforts to close down an arms factory near his home. But one day he made a startling discovery. The other side had his personal diary.”
The Guardian, 27th October 2009
Source: www.guardian.co.uk
Draft guideline: Corporate manslaughter and health and safety offences causing death – Sentencing Guidelines Council
“On Tuesday 27 October 2009, the Sentencing Guidelines Council published a draft guideline on corporate manslaughter and health and safety offences causing death. This is the first offence guideline relating to sentencing organisations rather than individuals, and concerns sentencing for offences where the most serious form of harm was caused, the death of one or more persons.”
Sentencing Guidelines Council, 27th October 2009
Source: www.sentencing-guidelines.gov.uk
4 Eng Ltd v Harper and others (No 2) – WLR Daily
4 Eng Ltd v Harper and others (No 2) [2009] EWHC 2633 (Ch); [2009] WLR (D) 307
“Where it was established that the transferor had entered into a transaction at an undervalue for the purpose of defrauding creditors, the nature of any order and the extent of the relief granted by the court under ss 423(2) and 425 of the Insolvency Act 1986 should take into account the mental state of the transferee of property under a relevant transaction, or of any other person against whom an order was sought, and the degree of their involvement in the fraudulent scheme of the debtor/transferor to put assets out of the reach of his creditors.”
WLR Daily, 26th 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.
Joseph and others v Spiller and another – WLR Daily
Joseph and others v Spiller and another [2009] EWCA Civ 1075; [2009] WLR (D) 306
“Where a contract term was contained in a separate document to the principal contract, thereby contravening reg 14(2) of the Conduct of Employment Agencies and Employment Business Regulations 2003 (SI 2003/3319), that breach did not operate to render the term or the contract as a whole unenforceable.”
WLR Daily, 26th 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.
Hunt v AB – Times Law Reports
Court of Appeal
“A person acquitted of rape did not have a cause of action in tort for malicious prosecution against the complainant, unless it could be shown that the complainant had deliberately manipulated the police and the Crown Prosecution Service into taking a course which they would not otherwise have taken.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
Regina (Electoral Commission) v Westminster Magistrates Court, United Kingdom Independence Party intervening – Times Law Reports
Court of Appeal
Once an impermissible donation had been made to a registered political party and the party had not returned it then a magistrates court should, on an application by the Electoral Commission, order forfeiture of an amount equal to the value of the donation.
The Times, 28th October 2009
Source: www.timesonline.co.uk
Regina v Greene (Jeremy Herbert) – Times Law Reports
Regina v Greene (Jeremy Herbert)
Court of Appeal (Criminal Division)
“Where a judge ruled that a witness could be treated as hostile at trial within the meaning of section 3 of the Criminal Procedure Act 1865, by the party calling him but that witness did not in the event prove to be hostile, the judge still had to warn the jury to approach that witness’s evidence with caution, and the nature of that direction depended on the particular circumstances of the case.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
MPs’ spouses ‘to fight job ban’ – BBC News
“Spouses who are employed by MPs are preparing to look into legal action if they are barred from their jobs.”
BBC News, 27th October 2009
Source: www.bbc.co.uk
‘Coincidence’ that intern looked up insider dealing – The Times
“A City intern accused of leaking the details of a series of takeovers told a court today that he researched insider trading on the internet the night before his father made a crucial share purchase because he was following up on office gossip.”
The Times, 27th October 2009
Source: www.timesonline.co.uk
Inquests into the deaths of service personnel in operations and exercises overseas – Ministry of Justice
“Justice Minister Bridget Prentice has made a written ministerial statement about the deaths of servicemen and women overseas.”
Ministry of Justice, 27th October 2009
Source: www.justice.gov.uk
Move to withhold evidence in torture collusion claim – The Guardian
“Any evidence of MI5 and MI6 involvement in the rendition and torture of Britons now seeking damages must be heard behind closed doors, the government told the high court today (27 October).”
The Guardian, 27th October 2009
Source: www.guardian.co.uk
Councils get ‘Al Capone’ power to seize assets over minor offences – The Times
“Draconian police powers designed to deprive crime barons of luxury lifestyles are being extended to councils, quangos and agencies to use against the public, The Times has learnt.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
Mandelson to press on with cutting internet links for download pirates – The Times
“Lord Mandelson will say today that he intends to press ahead with controversial measures to cut off the internet connections of people caught downloading pirated music, films or television programmes.”
The Times, 28th October 2009
Source: www.timesonline.co.uk
More than one in 10 people on DNA database for first time – Daily Telegraph
“Police forces in England and Wales have taken the profiles of 5.5 million people, meaning the proportion of the population on the system has passed a tenth for the first time.”
Daily Telegraph, 27th October 2009
Source: www.telegraph.co.uk
