Bankers’ killers make appeal bid – BBC News
“Two brothers who admitted the manslaughter of a senior banking executive in Norfolk have appealed against their jail terms.”
BBC News, 3rd December 2009
Source: www.bbc.co.uk
Day: 4 December 2009
Motorist loses crash death appeal – BBC News
“A motorist who was drunk when she hit and killed a 15-month-old boy in his pushchair has lost her appeal against her seven-year sentence.”
BBC News, 4th December 2009
Source: www.bbc.co.uk
When ministers take an 18 per cent pay cut, then we will be silent, says chairman-elect of the Bar Council – The Times
“Keir Starmer, the Director of Public Prosecutions, had better watch out. Next year’s Bar chairman has the Crown Prosecution Service in his sights. Nicholas Green, QC, talks of gathering storm clouds threatening the stability of the Bar and of pressures bearing down with ‘potentially devastating effect’. And one of these, he says, is the push by Crown prosecutors to take on Crown Court work that used to be handled by the Bar.”
The Times, 3rd December 2009
Source: www.timesonline.co.uk
BAILII: Recent Decisions
High Court (Technology and Construction Court)
YJL London Ltd v Roswin Estates LLP [2009] EWHC 3174 (TCC) (03 December 2009)
Source: www.bailii.org
Recent Statutory Instruments – OPSI
The Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 2009
The Parliamentary Pensions (Amendment) (No 2) Regulations 2009
The County Borough of Bridgend (Communities) Order 2009
The Crime and Disorder Strategies (Prescribed Descriptions) (Wales) Order 2009
The City and County of Cardiff (Old St. Mellons, Rumney and Trowbridge Communities) Order 2009
Source: www.opsi.gov.uk
Aventis Pasteur SA v OB – WLR Daily
Aventis Pasteur SA v OB (Case C-358/08); [2009] WLR (D) 352
“The Community Directive on liability for defective products normally precluded a producer of a product from being substituted, after the expiry of the 10-year limitation period, for a defendant who had been sued within that period.”
WLR Daily, 3rd December 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.
In re I (A Child) – WLR Daily
In re I (A Child) [2009] UKSC 10; [2009] WLR (D) 351
“The right of parties in child contact proceedings to opt in to the jurisdiction of an EU country which would not otherwise have jurisdiction to determine the child’s future, contained in art 12.3 of Council Regulation (EC) No 2201/2003 on jurisdiction and enforcement in matrimonial and parental responsibility matters (‘Brussels II Revised’), could apply when the child was habitually resident outside the European Union.”
WLR Daily, 3rd December 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 (Adams) v Secretary of State for Justice – WLR Daily
R (Adams) v Secretary of State for Justice [2009] EWCA Civ 1291; [2009] WLR (D) 350
“A convicted person seeking compensation as a result of reversal of his conviction on the basis of new or newly discovered facts establishing beyond reasonable doubt that there had been a miscarriage of justice had to show that the facts had been unknown to the convicted person during the trial process or an in-time appeal. Incompetence by legal representatives in deploying those facts at trial was not envisaged as something going seriously wrong in the conduct of the trial such as to constitute a miscarriage of justice.”
WLR Daily, 3rd December 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.
In re I (a Child) (Jurisdiction) – Times Law Reports
In re I (a Child) (Jurisdiction)
Supreme Court
“The right of parties in child contact proceedings to opt in to the jurisdiction of a European Union country which would not otherwise have jurisdiction to determine the child’s future could apply when the child lived outside the European Union.”
The Times, 4th December 2009
Source: www.timesonline.co.uk
Regina v Clements – Times Law Reports
Court of Appeal
“In a prosecution for a sexual offence, a previous conviction, even if for a sexual offence, was admissible as evidence of propensity only if the circumstances were such that it had some probative force by reason of similarity to the offence charged.”
The Times, 4th December 2009
Source: www.timesonline.co.uk
Solicitor to be sentenced after stealing £90,000 from blind widow – Law Society’s Gazette
“A Black Country solicitor faces jail after stealing £90,000 from a blind widow and spending the money on luxury items including a pedigree ‘teacup’ chihuahua.”
Law Society’s Gazette, 3rd December 2009
Source: www.lawgazette.co.uk
Criminal law: youth justice and sentencing – Law Society’s Gazette
“Major changes are being made to the way that courts may sentence young offenders. On 27 April, provisions were brought into force to increase the use of referral orders. These are mandatory if the offence is imprisonable and a first-time offender admits the offence and all connected offences, and the court does not deal with the matter by way of an absolute discharge, hospital order or custodial sentence.”
Law Society’s Gazette, 3rd December 2009
Source: www.lawgazette.co.uk
Woolf calls for arbitration overhaul as he launches new guidance – Law Society’s Gazette
“International arbitration has ‘lost its way’, the former lord chief justice Lord Woolf (pictured) told the Gazette this week, as he launched a set of guidelines which will build mediation into the arbitration process.”
Law Society’s Gazette, 3rd December 2009
Source: www.lawgazette.co.uk
Delivering offender management services – Ministry of Justice
“A document setting out the high-level strategic priorities that the Ministry of Justice requires the NOMS Agency to deliver in 2010-11.”
Ministry of Justice, 3rd December 2009
Source: www.justice.gov.uk
Administration of justice in Wales – Ministry of Justice
“Justice Minister Jack Straw has today given a speech about the administration of Justice in Wales.”
Ministry of Justice, 3rd December 2009
Source: www.justice.gov.uk
The Supreme Court: is the House of Lords ‘losing part of itself’? – speech by Lord Neuberger
“The Supreme Court: is the House of Lords ‘losing part of itself’? – the Young Legal Group of the British Friends of the Hebrew University lecture, 2nd December.”
Judiciary of England and Wales, 3rd December 2009
Source: www.judiciary.gov.uk
£500 fine for £7k fake jacket con – BBC News
“A ‘dispicable’ conman must pay nearly £7,000 after conning an elderly couple into buying fake leather jackets.”
BBC News, 3rd December 2009
Source: www.bbc.co.uk
Couple’s cruise payout challenged – BBC News
“A cruise company has started an appeal to reduce £22,000 in damages awarded to a North Yorkshire couple who claim their dream holiday was ruined.”
BBC News, 3rd December 2009
Source: www.bbc.co.uk
Rome I comes into force, clarifies whose laws apply to contract disputes – OUT-LAW.com
“Companies that negotiate contracts without specifying which country’s law should govern any contractual disputes between them will face a new legal regime in two weeks’ time. From 17th December, a new EU law, Rome I, will decide which law should apply.”
OUT-LAW.com, 3rd December 2009
Source: www.out-law.com
Why too much legal experience can subvert jury trial – The Times
“Like quite a few other lawyers, recently I was called to do jury service. Apart from the inevitable waiting around (note: bring a thick book and a sense of humour), my two weeks were spent trying one serious case (alleged rape and false imprisonment). This is not an article bashing the jury system. Nor am I going to talk about the decision in our case, because I can’t (even if I wanted to). But for a commercial practitioner, the experience certainly had some surprises.”
The Times, 3rd December 2009
Source: www.timesonline.co.uk
