08/02/2010 – Current Awareness

“Lord Carlile, the independent reviewer of terrorism legislation, has published his fifth annual report on the operation of the Prevention of Terrorism Act 2005.”

Full press release

Home office, 1st February 2010

Source: www.homeoffice.gov.uk

Statement from Keir Starmer QC, Director of Public Prosecutions, on parliamentary expenses charging decisions – Crown Prosecution Service

Posted February 8th, 2010 in Crown Prosecution Service, expenses, parliamentary privilege, press releases by sally

“Following widespread concerns about the expenses claimed by some MPs and some members of the House of Lords, a number of complaints were made to the Metropolitan Police alleging criminal conduct. In light of these complaints on 15 May 2009, the Commissioner of the Metropolitan Police, Sir Paul Stephenson, and I agreed to set up a panel of senior police officers and senior prosecuting lawyers to assess the complaints and consider whether there should be a criminal investigation into any of them.”

Full press release

Crown Prosecution Service, 5th February 2010

Source: www.cps.gov.uk

NML Capital Ltd v Republic of Argentina – WLR Daily

Posted February 8th, 2010 in appeals, jurisdiction, law reports, state immunity by sally

NML Capital Ltd v Republic of Argentina [2010] EWCA Civ 41; [2010] WLR (D) 28

“A court had no jurisdiction to permit a claimant to serve proceedings on a foreign state unless it was satisfied that there was, at the least, a good arguable case that the defendant state was not immune from suit. S 31 of the Civil Jurisdiction and Judgments Act 1982 remained subject to the provisions of the State Immunity Act 1978 as regards the circumstances in which the courts could exercise jurisdiction over states when a claimant wished to implead them in those courts.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Shah and another v HSBC Private Bank (UK) Ltd – WLR Daily

Posted February 8th, 2010 in appeals, banking, law reports, money laundering by sally

Shah and another v HSBC Private Bank (UK) Ltd [2010] EWCA Civ 31; [2010] WLR (D) 27

“Where a bank claimed, for the purposes of the Proceeds of Crime Act 2002, to entertain ‘suspicion’ about money-laundering concerning a proposed transaction on a customer’s account, and had failed to carry out instructions promptly, a customer might be entitled to proceed with a claim in breach of contract or duty.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Perinpanathan) v City of Westminster Magistrates’ Court and another – WLR Daily

Posted February 8th, 2010 in appeals, costs, forfeiture, law reports by sally

R (Perinpanathan) v City of Westminster Magistrates’ Court and another [2010] EWCA Civ 40; [2010] WLR (D) 26

“A magistrates’ court exercising its discretion under s 64(1) of the Magistrates’ Courts Act 1980 ‘to make an order for costs … as it thinks just and reasonable’ in relation to forfeiture proceedings successfully defended was entitled to refuse to order the police to pay the costs on the ground that they had acted honestly, properly and reasonably in bringing and continuing the proceedings in the public interest.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Attorney General’s Reference (No 79 of 2009) – WLR Daily

Posted February 8th, 2010 in attorney general, law reports, sentencing by sally

Attorney General’s Reference (No 79 of 2009) [2010] WLR (D) 25

“In considering whether a sentence was unduly lenient the question for the Court of Appeal was whether the sentencing judge had, on the material presented to the Crown Court, erred in principle.”

WLR Daily, 5th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

R (Degainis) v Secretary of State for Justice – WLR Daily

Posted February 8th, 2010 in damages, detention, law reports by sally

R (Degainis) v Secretary of State for Justice [2010] EWHC 137 (Admin); [2010] WLR (D) 24

“When deciding whether to make an award of damages, under art 5(5) of the Convention for the Protection of Human Rights and Fundamental Freedoms, for a breach of art 5(4) of the Convention it was necessary to have regard to the provisions of s 8 of the Human Rights Act 1998 and the restrictions placed on such awards. There was no inconsistency between the terms of s 8 of the 1998 Act and the terms of art 5(5) and no basis for the assumption that compensation in art 5(5) was restricted in its meaning to money, and in some cases the finding of a violation would provide sufficient compensation for a breach of art 5(4).”

WLR Daily, 4th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

National Navigation Co v Endesa Generacion SA – Times Law Reports

Posted February 8th, 2010 in law reports by sally

National Navigation Co v Endesa Generacion SA

Court of Appeal

“A judgment by a member state of the European Union, which ruled that an arbitration clause had not been incorporated into a contract and that proceedings should not be declined for that reason, although not on the merits of the case, was one that had to be enforced so that the English court was prevented from deciding the point differently.”

The Times, 8th February 2010

Source: www.timesonline.co.uk

Attorney General: Keynote Speech – CPS National Schools Project Launch – Attorney General’s Office

Posted February 8th, 2010 in attorney general, criminal justice, Crown Prosecution Service, education, speeches by sally

“Attorney General: Keynote Speech – CPS National Schools Project Launch.”

Full speech

Attorney General’s Office, 4th February 2010

Source: www.attorneygeneral.gov.uk

Attorney General: Delivering an Excellent Public Prosecution Service – Attorney General’s Office

Posted February 8th, 2010 in attorney general, Crown Prosecution Service, speeches by sally

“Attorney General’s speech to CPS National Schools Project Launch – 4th February 2010.”

Full speech

Attorney General’s Office, 3rd February 2010

Source: www.attorneygeneral.gov.uk

Joint Bar Council / CBA Response to the LSC VHCC Paper – The Bar Council

Posted February 8th, 2010 in barristers, consultations, fees, press releases by sally

“Joint response by the Bar Council and the Criminal Bar Association to the Legal Services Commission VHCC paper.”

Full response

The Bar Council, 7th February 2010

Source: www.barcouncil.org.uk

Bar Council Moves Toward Judicial Review of Government’s Consultations on Criminal Legal Aid – The Bar Council

Posted February 8th, 2010 in costs, fees, judicial review, legal aid, pre-action conduct, press releases by sally

“The Bar Council has taken the first step toward a judicial review (JR) of two consultations on Advocates Graduated Fees and Very High Cost Cases (VHCCs) which are being conducted by the Ministry of Justice (MoJ) and the Legal Services Commission (LSC) respectively. The Bar Council has instructed solicitors to write to the MoJ and the LSC, in accordance with the pre-action protocol for judicial review claims. The principal basis for the Bar Council’s claim is that the consultation exercise is inadequate and unfair.”

Full press release

The Bar Council, 5th February 2010

Source: www.barcouncil.org.uk

Cycling company wrong to suggest Olympian’s endorsement, rules ad watchdog – OUT-LAW.com

Posted February 8th, 2010 in advertising, news, sport by sally

“An Olympic medal-winning cyclist has had her objection to being used in a bicycle chain advertisement upheld by advertising regulator the Advertising Standards Authority (ASA).”

Full story

OUT-LAW.com, 4th February 2010

Source: www.out-law.com

HP ordered to pay £200m within two weeks in interim damages ruling – OUT-LAW.com

Posted February 8th, 2010 in contracts, damages, news, tenders by sally

“The High Court has ordered Hewlett-Packard to pay BSkyB £200 million in interim damages, according to press reports. The interim award follows a ruling last week over a contract tendering process.”

Full story

OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

Irrationality did not undermine TV menu ranking decision, finds Court of Appeal – OUT-LAW.com

Posted February 8th, 2010 in media, news by sally

“A broadcasting platform did not break the rules on the placing of stations in its electronic programme guide (EPG) even though its decision was partly irrationally based and it used criteria not specifically listed in its policy.”

Full story

OUT-LAW.com, 3rd February 2010

Source: www.out-law.com

Heathrow airport expansion e-mails investigated – BBC News

Posted February 8th, 2010 in airports, electronic mail, freedom of information, news by sally

“The Department for Transport (DfT) is facing an ‘intensive investigation’ over claims e-mails about the expansion of Heathrow Airport were deleted.”

Full story

BBC News, 7th February 2010

Source: www.bbc.co.uk

Sikh judge Sir Mota Singh criticises banning of Kirpan – BBC News

Posted February 8th, 2010 in news, race discrimination, religious discrimination, Sikhism by sally

“Sikhs should be allowed to wear their ceremonial daggers – known as Kirpans – to school and other public places, Britain’s first Asian judge has said.”

Full story

BBC News, 8th February 2010

Source: www.bbc.co.uk