Month: September 2010

Regina (Patel) v Lord Chancellor – WLR Daily

Posted September 7th, 2010 in inquests, law reports, legal aid, terrorism by sally

Regina (Patel) v Lord Chancellor [2010] EWHC 2220 (Admin); [2010] WLR (D) 240

“An applicant for exceptional funding by way of legal aid had to meet a high threshold to satisfy the test of ‘significant wider public interest’ in para 27.2.8 of the Legal Services Commission’s Funding Code Decision Making Guidance, subject to the latitude (or margin of discretion) accorded to the Lord Chancellor in the exercise of his judgment. There had to be the potential for client’s involvement in the proceedings to produce real benefits for individuals other than the client and for those benefits to be substantial.”

WLR daily, 6th September 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.

Regina (Ngouh) v Secretary of State for Home Department – WLR Daily

Posted September 7th, 2010 in armed forces, immigration, law reports by sally

Regina (Ngouh) v Secretary of State for Home Department [2010] EWHC 2218 (Admin); [2010] WLR (D) 239

“It was important when considering a decision based on para 322(5) of the Immigration Rules, under which indefinite leave to remain should normally be refused where it was undesirable in view of the applicant’s “character, conduct or associations”, to look closely at the context in which that paragraph was being deployed and to see the reasoning that had lead to its deployment.”

WLR Daily, 6th September 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.

Giant leylandii in suburban front garden incense neighbours – The Guardian

Posted September 7th, 2010 in ASBOs, local government, news, trees by sally

“Plymouth residents have complained to the council about the 10-metre trees outside David Alvand’s home.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

Church of England vicar jailed over sham marriages – UK Border Agency

Posted September 7th, 2010 in Church of England, fraud, immigration, marriage, press releases, sentencing by sally

“A Church of England vicar was today among 3 men jailed for staging hundreds of sham marriages in East Sussex. Reverend Alex Brown was found guilty of conspiring to facilitate breaches in immigration law in July alongside 2 other men, Ukrainian national Vladymyr Buchak and lawyer Michael Adelasoye, following an 8 week trial.”

Full press release

UK Border Agency, 6th September 2010

Source: www.ukba.homeoffice.gov.uk

Government plans reviews of immigration system – UK Border Agency

Posted September 7th, 2010 in immigration, press releases, speeches by sally

“Immigration Minister Damian Green will confirm this evening that the government is to look at all immigration routes into the UK and set new rules.”

Full press release

UK Border Agency, 6th September 2010

Source: www.ukba.homeoffice.gov.uk

Fake barrister flees court after judge’s questioning – BBC News

Posted September 7th, 2010 in impersonating a barrister, news by sally

“A man posing as a barrister fled a court in Devon when a senior judge became suspicious of him.”

Full story

BBC News, 6th September 2010

Source: www.bbc.co.uk

Phone-hacking scandal: Theresa May defends police investigation – The Guardian

Posted September 7th, 2010 in inquiries, interception, news, police, telecommunications by sally

“Home secretary says it is not for government to decide whether there should be new inquiry into allegations against News of the World.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

Five jailed for electoral fraud – Daily Telegraph

Posted September 7th, 2010 in elections, fraud, news, sentencing by sally

“Five men have been jailed following a botched postal voting scam intended to secure a seat for a Conservative Party candidate at the 2005 general election.”

Full story

Daily Telegraph, 7th September 2010

Source: www.telegraph.co.uk

Midwife banned after telling grieving mother ‘God knows best’ – Daily Telegraph

Posted September 6th, 2010 in disciplinary procedures, midwives, news by sally

“A midwife who told a grieving mother and father ‘God knows best’  hours after their newborn daughter died has been thrown out of the profession.”

Full story

Daily Telegraph, 6th September 2010

Source: www.telegraph.co.uk

Vicar jailed for sham marriages scam – Daily Telegraph

Posted September 6th, 2010 in Church of England, fraud, immigration, news, sentencing by sally

“A Church of England vicar has been jailed for four years for his part in Britain’s biggest sham marriage fraud to help hundreds of illegal immigrants stay in Britain.”

Full story

Daily Telegraph, 6th September 2010

Source: www.telegraph.co.uk

Former headteacher jailed for 21 years for beatings and sex abuse of boys – The Guardian

Posted September 6th, 2010 in assault, child abuse, indecent photographs of children, news, sentencing, sexual offences, teachers by sally

“A former boarding school headteacher convicted of abusing male pupils, both sexually and physically, during the 1970s and 1980s was today imprisoned for 21 years.”

Full story

The Guardian, 6th September 2010

Source: www.guardian.co.uk

BAILII: Recent Decisions

Posted September 6th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Dibble v Urs Bernhard Pfluger [2010] EWCA Civ 1005 (03 September 2010)

High Court (Commercial Court)

Azimut-Benetti Spa (Benetti Division) v Healey [2010] EWHC 2234 (Comm) (03 September 2010)

High Court (Queen’s Bench Division)

Rashford v Secretary of State for the Home Department [2010] EWHC 2200 (QB) (02 September 2010)

Source: www.bailii.org

Recent Statutory Instruments – legislation.gov.uk

Posted September 6th, 2010 in legislation by sally

The Electricity (Standards of Performance) (Amendment) Regulations 2010

The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2010

The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2010

The Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2010

The Flood and Water Management Act 2010 (Commencement No. 1 and Transitional Provisions) Order 2010

Source: www.legislation.gov.uk

Police officer facing sack over cell assault – Daily Telegraph

Posted September 6th, 2010 in abuse of position of trust, assault, closed circuit television, news, police by sally

“Sgt Mark Andrews is shown dragging Pamela Somerville, 59, across the floor of the police station in Wiltshire before shoving her into a cell. CCTV footage captured her lying on the floor for a minute before struggling to get up with blood pouring from a head wound. Former soldier Sgt Andrews, 37, was eventually convicted of assault causing actual bodily harm after a trial at Oxford Magistrates Court earlier this summer.”

Full story

Daily Telegraph, 5th September 2010

Source: www.telegraph.co.uk

Tesco wins new Ilkley superstore appeal – BBC News

Posted September 6th, 2010 in appeals, news, planning by sally

“Supermarket giant Tesco has won permission to build a new superstore in a West Yorkshire town after a controversial planning appeal.”

Full story

BBC News, 4th September 2010

Source: www.bbc.co.uk

Teen sues over playground accident blamed for personality disorder – Daily Telegraph

Posted September 6th, 2010 in damages, local government, news, personal injuries, school children by sally

“A teenager is suing a council for £100,000 after claiming an accident in her school playground 11 years ago left her with a personality disorder which means she is unable to make friends.”

Full story

Daily Telegraph, 4th September 2010

Source: www.telegraph.co.uk

MPs seek fresh investigation into News of the World phone hacking – The Guardian

Posted September 6th, 2010 in interception, media, news, telecommunications by sally

“News International and David Cameron’s PR chief, Andy Coulson, face the prospect of a fresh parliamentary inquiry into phone-hacking by the News of the World after Labour MPs said they plan to press for the issue to be referred to the powerful standards and privileges committee of the House of Commons.”

Full story

The Guardian, 5th September 2010

Source: www.guardian.co.uk

Hampshire couple fined after dumping lizards in hedge – BBC News

Posted September 3rd, 2010 in animal cruelty, community service, fines, fingerprints, news by sally

“A couple who dumped five pet bearded dragons in bin bags have both been fined £1,113.”

Full story

BBC News, 3rd September 2010

Source: www.bbc.co.uk

Thousands fined for flouting Gloucester bus lane rules – BBC News

Posted September 3rd, 2010 in closed circuit television, fines, news, road traffic offences by sally

“Penalty tickets have been issued to 5,700 drivers caught illegally using a bus lane in Gloucester.”

Full story

BBC News, 3rd September 2010

Source: www.bbc.co.uk

CPS examines pathologist Freddy Patel’s suspension – The Guardian

Posted September 3rd, 2010 in Crown Prosecution Service, disciplinary procedures, news, pathologists by sally

“CPS lawyer in Ian Tomlinson case ‘considering General Medical Council’s findings’ that pathologist was guilty of misconduct.”

Full story

The Guardian, 3rd September 2010

Source: www.guardian.co.uk