Month: February 2010

Lord Justice Jackson’s recommendations should be implemented speedily – Law Society’s Gazette

Posted February 2nd, 2010 in civil justice, fees, insurance, news, reports by sally

“‘Access to Justice entails that those with meritorious claims (whether or not ultimately successful) are able to bring those claims before the courts for judicial resolution or post-issue settlement, as the case may be. It also entails that those with meritorious defences (whether or not ultimately successful) are able to put those defences before the courts for judicial resolution or alternatively, settlement based upon the merits of the case.’”

Full story

Law Society’s Gazette, 1st February 2010

Source: www.lawgazette.co.uk

’19 MPs win appeals over expenses’ – The Independent

Posted February 2nd, 2010 in appeals, expenses, news by sally

“At least a quarter of MPs’ appeals against demands for repayment of expenses have been upheld fully or in part, it was claimed today.”

Full story

The Independent, 1st February 2010

Source: www.independent.co.uk

Court to decide on England football fan extradition – BBC News

Posted February 2nd, 2010 in extradition, news, trials by sally

“The European Court of Human Rights is to consider later whether an England football fan should be extradited to Portugal to serve a prison sentence.”

Full story

BBC News, 2nd February 2010

Source: www.bbc.co.uk

2010 to see historic changes to the coroners’ system – Ministry of Justice

Posted February 2nd, 2010 in consultations, coroners, Ministry of Justice, news by sally

“The government has today (1 February) set out the next steps to reforming the coroners’ system, including plans to appoint the first ever Chief Coroner.”

Full story

Ministry of Justice, 1st February 2010

Source: www.justice.gov.uk

NHS trusts ‘breaking law’ on out-of-hours GP services – The Guardian

Posted February 2nd, 2010 in doctors, health, news by sally

“There is an ‘unacceptable’ variation in the quality of out-of-hours GP services in England, a government report will say this week.”

Full story

The Guardian, 2nd February 2010

Source: www.guardian.co.uk

How to appeal an ICO decision: new guidance published – OUT-LAW.com

Posted February 2nd, 2010 in appeals, data protection, freedom of information, news, tribunals by sally

“The new body which has taken over the power to rule on appeals from decisions of the Information Commissioner’s Office (ICO) has issued guidance on how to conduct an appeal.”

Full story

OUT-LAW.com, 1st February 2010

Source: www.out-law.com

Cornwall ferry skipper jailed for safety breaches – BBC News

Posted February 1st, 2010 in health & safety, news, ships by sally

“A Cornish ferry skipper has been jailed for six months after pleading guilty to breaching safety regulations.”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

Teacher jailed for abusing boys at Bay House School – BBC News

Posted February 1st, 2010 in child abuse, news, sentencing, sexual offences, teachers by sally

“A 58-year-old teacher has been jailed for seven years for sexually abusing teenage boys at a Hampshire school over more than 30 years.”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

Judge approves £5.6m compensation package for disabled teenager – The Independent

Posted February 1st, 2010 in birth, compensation, hospitals, medical treatment, negligence, news by sally

“A High Court judge described being ‘humbled’ today by the devoted care given by the family of a girl brain-damaged at birth as she gave her backing to a £5.6 million compensation package.”

Full story

The Independent, 1st February 2010

Source: www.independent.co.uk

‘Jigsaw Man’ murderer Stephen Marshall jailed for 36 years – The Times

Posted February 1st, 2010 in news by sally

“A man was jailed for a minimum of 36 years today for murdering a kitchen salesman whose dismembered body parts were scattered across the country in what became known as the ‘Jigsaw Man’ murder.”

Full story

The Times, 1st February 2010

Source: www.timesonline.co.uk

Tories evasive over Ashcroft tax status, says watchdog – The Guardian

Posted February 1st, 2010 in freedom of information, news, peerages & dignities, taxation by sally

“The Conservative leadership is today accused of being ‘evasive and obfuscatory’ over the tax status of Lord Ashcroft, the party’s deputy chairman and biggest donor, in a ruling by the information commissioner that sharply criticises the secrecy over where he is resident for tax purposes.”

Full story

The Guardian, 1st February 2010

Source: www.guardian.co.uk

Why the legal debates about Iraq will never end – The Times

Posted February 1st, 2010 in news by sally

“What have we learnt so far from the Iraq inquiry with regard to international law? At one level, we have heard views that international law is uncertain, international lawyers dogmatic, and that lawyers who are not international lawyers are not international lawyers and thus cannot, by implication, deal with arguments in that field.”

Full story

The Times, 31st January 2010

Source: www.timesonline.co.uk

QC aspirants think again as LSA casts pall over bar – The Lawyer

Posted February 1st, 2010 in barristers, news, queen's counsel by sally

“Concerns about the future stability of the bar are having a knock-on effect on the number of barristers applying to become QCs, leading barristers have warned.”

Full story

The Lawyer, 1st February 2010

Source: www.thelawyer.com

Stirland inquest looks at revenge killings – BBC News

Posted February 1st, 2010 in corruption, inquests, news, police by sally

“The public and press are being kept away from an inquest into the deaths of a Lincolnshire couple who were shot at a hideaway, for security reasons.”

Full story

BBC News, 1st February 2010

Source: www.bbc.co.uk

BAILII: Recent Decisions

Posted February 1st, 2010 in law reports by sally

Supreme Court

Office of Communications v The Information Commissioner [2010] UKSC 3 (27 January 2010)

Guardian News and Media Ltd & Ors, Re HM Treasury v Ahmed & Ors [2010] UKSC 1 (27 January 2010)

HM Treasury v Ahmed & Ors [2010] UKSC 2 (27 January 2010)

High Court (Patents Court)

Medeva BV v The Comptroller General of Patents [2010] EWHC 68 (Pat) (27 January 2010)

High Court (Technology and Construction Court)

Robinson v P E Jones (Contractors) Ltd [2010] EWHC 102 (TCC) (27 January 2010)

Source: www.bailii.org

In re Guardian News and Media Ltd and others – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, media, privacy, public interest, Supreme Court, terrorism by sally

In re Guardian News and Media Ltd and others [2010] UKSC 1; [2010] WLR (D) 13 

“Where individuals challenged freezing orders made against them under the Terrorism (United Nations Measures) Order 2006 and the Al-Qaida and Taliban (United Nations Measures) Order 2006 the general public interest in publishing a full report of the proceedings in which they were named justified curtailing their right to respect for their private and family lives.”

WLR Daily, 27th February 2010

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.

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same – WLR Daily

Posted February 1st, 2010 in freezing injunctions, law reports, orders in council, Supreme Court, terrorism, ultra vires by sally

Ahmed and others v HM Treasury (JUSTICE intervening); al-Ghabra v Same; R (Youssef) v Same

“In introducing a test of reasonable suspicion that a person was involved in terrorism as the basis for making an asset-freezing order against him under the Terrorism (United Nations Measures) Order 2006 the Treasury exceeded its powers under the enabling provisions of s 1 of the United Nations Act 1946.”

WLR Daily, 27th January 2010

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 (Huitson) v HM Revenue and Customs – WLR Daily

Posted February 1st, 2010 in double taxation, income tax, judicial review, law reports, retrospectivity by sally

R (Huitson) v HM Revenue and Customs [2010] EWHC 97 (Admin); [2010] WLR (D) 11

 “It was within the permissible area of discretionary judgment of Parliament, and compatible with art 1 of the First Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, to legislate with retrospective effect to prevent taxpayers from seeking to use, by wholly artificial arrangements, a Double Tax Arrangement such as existed between the United Kingdom and the Isle of Man for a purpose for which it was not intended, so as to defeat the public policy that such an arrangement should do no more than relieve from double taxation.”

WLR Daily, 27th January 2010

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 (RD and PM) v Secretary of State for Work and Pensions; Regina (EM and Others) v Same – Times Law Reports

Posted February 1st, 2010 in law reports by sally

Regina (RD and PM) v Secretary of State for Work and Pensions; Regina (EM and Others) v Same

Court of Appeal

“The distinction made between convicted prisoners serving part of their sentences in psychiatric hospital and non-prisoners in respect of eligibility for welfare benefits was justifiable.”

The Times, 1st February 2010

Source: www.timesonline.co.uk

Regina v Hussain (Munir): Regina v Hussain (Tokeen) – Times Law Reports

Posted February 1st, 2010 in law reports by sally

Regina v Hussain (Munir): Regina v Hussain (Tokeen)

Court of Appeal

“Where a case fell outside the scope of the official sentencing guidelines, the ancient principles of justice and mercy fell to be applied.”

The Times, 1st February, 2010

Source: www.timesonline.co.uk