Month: November 2009

Bar Council Welcomes BSB’s Decisions on New Practice Structures – The Bar Council

Posted November 23rd, 2009 in alternative business structures, barristers, news by sally

“The Bar Council has today welcomed the decisions taken by the Bar Standards Board (BSB) which will permit members of the Bar to supply legal services within new business structures. The BSB has approved the creation of Legal Disciplinary Practices (LDPs) and Barrister only Partnerships (BoPs). Any wider decision to permit barristers to work in Alternative Business Structures (ABSs) will be deferred until the effects of the transitional LDP regime can be assessed and following further consultation in 2010.”

Full story

The Bar Council, 20th November 2009

Source: www.barcouncil.org.uk

Definitive Sentencing Guidelines on Overarching principles – Sentencing youths – Sentencing Guidelines Council

Posted November 23rd, 2009 in news, sentencing, young offenders by sally

“On 20 November 2009 the Sentencing Guidelines Council published its definitive guideline “Overarching Principles – Sentencing Youths”, which will apply to offenders sentenced on or after 30 November 2009.

This wide-ranging guideline has been developed to deal with changes in legislation relating to youth justice to be implemented on 30 November 2009. It also draws together the principles relating to sentencing young offenders in a single authoritative document.”

Overarching principles – Sentencing youths (PDF)

Press Notice (PDF)

Sentencing Guidelines Council, 20th November 2009

Source: www.sentencing-guidelines.gov.uk

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) – WLR Daily

Posted November 23rd, 2009 in airlines, carriage by air, compensation, delay, EC law, law reports by sally

Sturgeon and others v Condor Flugdienst GmbH (Case C-402/07); Böck and another v Air France SA (Case C-432/07) [2009] WLR (D) 338

“Airline passengers whose flights were delayed by more than three hours were entitled to compensation.”

WLR Daily, 20th November 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.

Louca v Public Prosecutor, Bielefeld – WLR Daily

Posted November 23rd, 2009 in EC law, extradition, law reports, warrants by sally

Louca v Public Prosecutor, Bielefeld [2009] UKSC 4; [2009] WLR (D) 337

“To satisfy the requirements of s 2 of the Extradition Act 2003 a European arrest warrant only had to make reference to the requesting state’s domestic arrest warrant on which it was based and not to any previous European arrest warrant, based on the same domestic warrant, which had previously been issued and superseded.”

WLR Daily, 20th November 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.

Neary v Governing Body of St Albans Girls’ School and Another – Times Law Reports

Posted November 23rd, 2009 in law reports by sally

Neary v Governing Body of St Albans Girls’ School and Another

Court of Appeal

“An over-rigid approach was not required when an employment tribunal was considering an application for relief from sanction, for example, a strike-out founded on breach of an unless order.”

The Times, 23rd November 2009

Source: www.timesonline.co.uk

In re B (a Child) (Residence order) – Times Law Reports

Posted November 23rd, 2009 in law reports by sally

In re B (a Child) (Residence order)

Supreme Court

“When considering an application for a residence order for a child there was no presumption in favour of a biological parent. The advantage of being brought up by a parent only assumed significance as part of an examination of what was in the child’s best interests.”

The Times, 23rd November 2009

Source: www.timesonline.co.uk

BAILII: Recent Decisions

Posted November 23rd, 2009 in law reports by sally

Court of Appeal (Criminal Division)

Omaboe, R v [2009] EWCA Crim 2355 (30 October 2009)

Attorney-General’s Reference No 64 & 65 Of 2009 [2009] EWCA Crim 2322 (27 October 2009)

Boakye & Ors, R v [2009] EWCA Crim 2343 (27 October 2009)

Turner, R. v [2009] EWCA Crim 2219 (15 October 2009)

Court of Appeal (Civil Division)

T (A Child) [2009] EWCA Civ 1208 (20 November 2009)

Royal Bank of Scotland Group Plc v Allen [2009] EWCA Civ 1213 (20 November 2009)

Thompson v Bee & Anor [2009] EWCA Civ 1212 (20 November 2009)

The Ministry of Justice (Sued As the Home Office) v Scott [2009] EWCA Civ 1215 (20 November 2009)

High Court (Queen’s Bench)

Kris Motor Spares Ltd v Fox Williams LLP [2009] EWHC 2813 (QB) (13 November 2009)

Johnston v Chief Constable of Merseyside Police [2009] EWHC 2969 (QB) (20 November 2009)

High Court (Chancery Division)

BLV Realty Organization Ltd & Anor v Batten & Ors [2009] EWHC 2994 (Ch) (20 November 2009)

High Court (Administrative Court)

Brittain v Noskova [2009] EWHC 2884 (Admin) (13 November 2009)

Secretary of State for the Home Department, R (on the application of) v BC & Anor [2009] EWHC 2927 (Admin) (11 November 2009)

Davis v Criminal Cases Review Commission & Anor [2009] EWHC 2926 (Admin) (04 November 2009)

Michaels v Highbury Corner Magistrates Court & Anor [2009] EWHC 2928 (Admin) (03 November 2009)

Hubner v District Court of Prostejov Czech Republic & Anor [2009] EWHC 2929 (Admin) (03 November 2009)

High Court (Patents Court)

Teva UK Ltd v Merck & Co, Inc [2009] EWHC 2952 (Pat) (20 November 2009)

Source: www.bailii.org

Recent Statutory Instruments – OPSI

Posted November 23rd, 2009 in legislation by sally

The Scottish and Northern Ireland Banknote Regulations 2009

The Registered Pension Schemes (Modification of the Rules of Existing Schemes) Regulations 2009

The Finance Act 2009, Section 96 and Schedule 48 (Appointed Day, Savings and Consequential Amendments) Order 2009

The Flood Risk Regulations 2009

The Social Fund (Applications and Miscellaneous Provisions) Amendment Regulations 2009

The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009

The Carriage by Air (Revision of Limits of Liability under the Montreal Convention) Order 2009

The Films Co-Production Agreements (Amendment) Order 2009

The Inspectors of Education, Children’s Services and Skills (No. 4) Order 2009

Source: www.opsi.gov.uk

Army faces new inquiry on Iraq torture deaths – The Independent

Posted November 23rd, 2009 in armed forces, Iraq, news, torture by sally

“An announcement this week of a new public inquiry into fresh allegations of torture against British troops will heap further pressure on the British Army and the Government regarding abuse in Iraq.”

Full story

The Independent, 22nd November 2009

Source: www.independent.co.uk

Secret files show UK courts were misled over 9/11 suspect Lotfi Raissi – The Guardian

Posted November 23rd, 2009 in Crown Prosecution Service, disclosure, news, terrorism by sally

“British prosecutors failed to disclose crucial evidence to the courts in the aftermath of the September 11 terrorist attacks in a case that resulted in an innocent pilot being jailed for five months, previously unseen documents reveal.”

Full story

The Guardian, 22nd November 2009

Source: www.guardian.co.uk

Peer calls for radical steps to reduce rapes – The Independent

Posted November 23rd, 2009 in news, rape by sally

“Rapists will continue to walk free from British courts in the future, the peer leading a government review of sex crime admitted this weekend.”

Full story

The Independent, 22nd November 2009

Source: www.independent.co.uk

Offenders give flowers to victims in community justice trial scheme – Daily Telegraph

Posted November 23rd, 2009 in community service, news by sally

“Police are imposing informal punishments – such as forcing offenders to give flowers to their victims – in a return to community justice.”

Full story

Daily Telegraph, 23rd November 2009

Source: www.telegraph.co.uk

Couples don’t need the law to tell them how to live together – The Guardian

Posted November 23rd, 2009 in cohabitation, news by sally

“Extending property rights to those who move in together, but don’t marry, will only lead to heartbreak and pain for the young.”

Full story

The Guardian, 22nd November 2009

Source: www.guardian.co.uk

New law saves 86 victims from forced marriages – The Independent

Posted November 23rd, 2009 in forced marriages, news, police by sally

“But experts warn that the impetus behind the new legislation and police training on ‘honour’ killings is in danger of slowing.”

Full story

The Independent, 22nd November 2009

Source: www.independent.co.uk

Surge in ‘libel tourism’ brings 11% rise in cases – The Guardian

Posted November 23rd, 2009 in defamation, news by sally

“The number of defamation cases that reached the high court surged by 11% in 2008 to a four-year high, as foreign claimants took advantage of the UK’s tougher laws to seek ‘libel tourism’ awards from publishers.”

Full story

The Guardian, 20th November 2009

Source: www.guardian.co.uk

Brown delays action on compensating British victims of terror attacks abroad – The Guardian

Posted November 23rd, 2009 in compensation, news, terrorism, victims by sally

“Gordon Brown made a last-minute U-turn on a promise to compensate British victims of terrorism abroad in the Queen’s speech after being told the Murdoch press might mount a similar campaign for injured soldiers, the Guardian has learned.”

Full story

The Guardian, 22nd November 2009

Source: www.guardian.co.uk

Jack Straw pledges action to end libel tourism – The Times

Posted November 23rd, 2009 in news by sally

“Jack Straw is preparing to draw up proposals for wholesale reform of England’s libel laws, after a long-running Sunday Times campaign.”

Full story

The Times, 22nd November 2009

Source: www.timesonline.co.uk

Family of Jean Charles de Menezes ‘could get just £100,000 compensation’ – Daily Telegraph

Posted November 23rd, 2009 in compensation, firearms, news, police by sally

“The family of Jean Charles de Menezes, the Brazilian electrician mistakenly shot dead by anti-terrorist officers at Stockwell Tube station, could receive just a third of the £300,000 they have requested for compensation.”

Full story

Daily Telegraph, 23rd November 2009

Source: www.telegraph.co.uk

Now the expenses spotlight falls on Britain’s judiciary – The Independent

Posted November 23rd, 2009 in expenses, judiciary, news by sally

“Expenses claims by judges and magistrates have risen by £3m in the last two years, according to figures obtained by The Independent under the Freedom of Information Act.”

Full story

The Independent, 23rd November 2009

Source: www.independent.co.uk

Devoted husband who strangled wife in his sleep walks free from court – The Guardian

Posted November 20th, 2009 in news by sally

“A ‘decent and devoted’ husband who strangled his wife while he dreamt she was a intruder has been cleared of murder after the Crown Prosecution Service accepted he had not been in control of his actions but was not a danger to anyone else.”

Full story

The Guardian, 20th November 2009

Source: www.guardian.co.uk