Day: 2 November 2009
Christian registrar to appeal over same-sex ceremonies – The Guardian
“Controversial claims that Christians should not have to condone homosexuality will be made in the court of appeal today [2nd Nov.], as a registrar says she suffered discrimination by being required to conduct same-sex civil partnership ceremonies.”
The Guardian, 2nd November 2009
Source: www.guardian.co.uk
Bin lorry driver killed colleague after cheating eye test – The Guardian
“A partially sighted lorry driver who ran over and killed a colleague after cheating an eye test to obtain a large goods vehicle licence has been given a six-month suspended prison sentence.”
The Guardian, 2nd November 2009
Source: www.guardian.co.uk
Probation service failing to learn lessons over murder of French students, inquiry finds – The Guardian
“Fresh concerns about the way dangerous offenders are monitored in the community were raised today by a damning investigation into probation service failings after the torture and murder of two French students in London last year.”
The Guardian, 2nd November 2009
Source: www.guardian.co.uk
Two more scientists quit as drugs row grows – The Independent
“The Government’s hard-line stance on illegal drugs appeared to be unravelling yesterday as two more scientists on its advisory council quit in protest at the sacking of their chairman, Professor David Nutt.”
The Independent, 2nd November 2009
Source: www.independent.co.uk
BAILII: Recent Decisions
Supreme Court
Sigma Finance Corporation, Re [2009] UKSC 2 (29 October 2009)
Court of Appeal (Civil Division)
Trustees Ltd v Papakyriacou & Anor [2009] EWCA Civ 1089 (27 October 2009)
Petroleo Brasilieiro S.A v E.N.E Kos 1 Ltd [2009] EWCA Civ 1127 (30 October 2009)
Court of Appeal (Criminal Division)
Gibbon & Ors, R v [2009] EWCA Crim 2198 (16 October 2009)
Diamond, R v [2009] EWCA Crim 2193 (12 October 2009)
Britton, R v [2009] EWCA Crim 1915 (23 September 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The National Health Service (Pharmaceutical Services) (Amendment) (Wales) Regulation 2009
The Primary Care Trusts (Establishment and Dissolution) Amendment Order 2009
The Bolton Primary Care Trust (Establishment) Amendment Order 2009
The Criminal Defence Service (Interests of Justice) Regulations 2009
The Criminal Defence Service (General) (No.2) (Amendment No.4) Regulations 2009
The Criminal Defence Service (Financial Eligibility) (Amendment) Regulations 2009
The Criminal Justice Act 2003 (Commencement Order No. 23) Order 2009
The Tax Credits (Miscellaneous Amendments) (No. 2) Regulations 2009
The Income Tax (Qualifying Child Care) (No. 2) Regulations 2009
The Scotch Whisky Regulations 2009
The Landfill Tax (Prescribed Landfill Site Activities) Order 2009
Source: www.opsi.gov.uk
BTA Bank JSC v Ablyazov and others – WLR Daily
“The privilege against self-incrimination in respect of an offence under s 328 of the Proceeds of Crime Act 2002 (entering or becoming concerned in an arrangement which facilitates the acquisition, retention, use or control of criminal property by or on behalf of another person) was removed by s 13 of the Fraud Act 2006. The s 328 offence was a ‘related offence’ for the purposes of s 13(4)(b) of the 2006 Act.”
WLR Daily, 30th 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 (L) v Commissioner of Police of the Metropolis (Secretary of State for the Home Department and another intervening) – WLR Daily
“Information about a person’s convictions which was systematically collected and stored in central records and was available for many years after the convictions had receded into the past could fall within the scope of private life for the purposes of art 8(1) of the Convention for the Protection of Human Rights and Fundamental Freedoms so that disclosure of the information could amount to an interference with the art 8 right to respect for private life. When the chief officer of police was considering for the purposes of an enhanced criminal record certificate whether to disclose information held on police records about a person who had applied for a job which involved working with children or vulnerable adults, he was required to decide whether the job applicant’s right to respect for her private life outweighed the social need for protecting children and vulnerable adults. There was no presumption that disclosure should be made unless there was good reason for not doing so.”
WLR Daily, 30th 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.
Local authorities and voluntary organisations newly equipped in the front-line fight against forced marriage – Ministry of Justice
“The issuing of protection orders for those at risk of forced marriage will be more responsive to the needs of victims under new powers which come into force today.”
Ministry of Justice, 2nd November 2009
Source: www.justice.gov.uk
Father fights to stop hospital withdrawing life support for baby son – The Guardian
“A father whose son was born with a rare neuromuscular condition will go to the high court tomorrow [2nd Nov.] in an attempt to stop a hospital withdrawing the support that keeps the child alive.”
The Guardian, 1st November 2009
Source: www.guardian.co.uk
Derry Irvine reveals Blair row over lord chancellor abolition – The Guardian
“The former lord chancellor Derry Irvine has broken a six-year silence to reveal a row with Tony Blair over the abolition of the historic role, which saw Irvine sacked from the cabinet.”
The Guardian, 1st November 2009
Source: www.guardian.co.uk
Victims’ commissioner, Sara Payne, calls for major law and order reform in first report – Sunday Telegraph
“Mrs Payne will argue for a new Victims’ Service to support vulnerable people targeted by thugs and criminals. She has already won the backing of the Government.”
The Sunday Telegraph, 1st November 2009
Source: www.telegraph.co.uk
Wildlife crime: Britain’s killing fields – The Independent on Sunday
“Crimes against wildlife, including badger baiting with dogs, hare coursing, poisoning of protected birds and even trapping them to sell as caged pets have soared to unprecedented heights.”
The Independent on Sunday, 1st November 2009
Source: www.independent.co.uk
Bonuses for lawyers who seize criminal assets ‘risk undermining justice’ – The Times
“Crown Prosecution Service lawyers are receiving personal bonuses linked to their success in confiscating criminal assets, The Times has learnt.”
The Times, 31st October 2009
Source: www.timesonline.co.uk
Waiting list patients will get right to go private – The Independent
“Patients forced to wait 18 weeks for treatment on the NHS will be given a new legal right to receive it from the private sector.”
The Independent, 31st October 2009
Source: www.independent.co.uk
Restorative justice could actually restore justice – Daily Telegraph
“A scheme whereby criminals encounter the victims of their crimes can drastically reduce the rate of reoffending, writes Alasdair Palmer.”
The Daily Telegraph, 31st October 2009
Source: www.telegraph.co.uk
Libel tourists flock to ‘easy’ UK courts – The Sunday Times
“An Icelandic professor has emerged as the latest victim of ‘libel tourism’ in Britain after he was sued in the High Court by a wealthy compatriot for a posting on a website based in Iceland.”
The Sunday Times, 1st November 2009
Source: www.timesonline.co.uk
Chief drugs adviser sacked by Home Secretary – Daily Telegraph
“Alan Johnson, the Home Secretary, has sacked his chief drugs adviser, Professor David Nutt, after he criticised the reclassification of cannabis and said alcohol and cigarettes were more dangerous than ecstasy.”
The Daily Telegraph, 30th October 2009
Source: www.telegraph.co.uk
Prison ‘inevitable’ for false rape claims – Daily Telegraph
“The Court of Appeal said false allegations damage conviction rates of genuine rapes and are ‘terrifying’ for innocent victims.
The Daily Telegraph, 30th October 2009
Source: www.telegraph.co.uk
