November 2010 – Page 11 – Current Awareness

“The Secretary of State for Communities and Local Government was not entitled to use the discretionary power to revoke regional strategies contained in s 79(6) of the Local Democracy, Economic Development and Construction Act 2009 to effect the practical abrogation of the regional strategies as a complete tier of planning policy guidance.”

WLR Daily, 11th November 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.

Pre-nups – now worth the paper they’re written on – Law Society’s Gazette

Posted November 12th, 2010 in news, prenuptial agreements by sally

“The long-awaited decision of the Supreme Court in Radmacher (formerly Granatino) v Granatino [2010] UKSC 42 is a significant step in the recognition of pre- and post-nuptial agreements. The starting point is that parties should be held to properly drawn up agreements unless certain circumstances arise.”

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Law Society’s Gazette, 11th November 2010

Source: www.lawgazette.co.uk

The Gordon Slynn Memorial Lecture 2010: Has mediation had its day? – Speech by Lord Neuberger

Posted November 12th, 2010 in dispute resolution, speeches by sally

“The Gordon Slynn Memorial Lecture 2010: Has mediation had its day? Speech by Lord Neuberger of Abbotsbury, Master of the Rolls, 11th November 2010.”

Judiciary of England and Wales, 11th November 2010

Source: www.judiciary.gov.uk

Senior British officers could face war crimes trial over alleged Iraqi abuse – The Guardian

Posted November 12th, 2010 in armed forces, Iraq, news, war crimes by sally

“Head of military prosecutions warns of charges if there is evidence officers encouraged interrogators to abuse detainees.”

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The Guardian, 11th November 2010

Source: www.guardian.co.uk

Mother who killed brain damaged son loses appeal – The Guardian

Posted November 12th, 2010 in appeals, euthanasia, murder, news, sentencing by sally

“A mother who gave her severely disabled son a lethal heroin injection to end his ‘living hell’ lost her appeal against her life sentence for murder today, but has had her sentenced reduced to five years.”

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The Guardian, 12th November 2010

Source: www.guardian.co.uk

Second jail term for fatal attack – BBC News

Posted November 12th, 2010 in grievous bodily harm, homicide, news, sentencing by sally

“A man has been jailed for a second time for an attack on a man who later died from his injuries.”

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BBC News, 11th November 2010

Source: www.bbc.co.uk

Twitter joke trial: Paul Chambers loses appeal against conviction – The Guardian

Posted November 12th, 2010 in bomb hoaxing, internet, news by sally

“The man convicted of ‘menace’ for threatening to blow up an airport in a Twitter joke has lost his appeal. Paul Chambers, a 27-year-old accountant whose online courtship with another user of the microblogging site led to the ‘foolish prank’, had hoped that a crown court would dismiss his conviction and £1,000 fine without a full hearing.”

Full story

The Guardian, 11th November 2010

Source: www.guardian.co.uk

Teacher facing jail after admitting lesbian affair with pupil – Daily Telegraph

Posted November 12th, 2010 in news, school children, sexual offences, teachers by sally

“Louise Yeoman, 29, pleaded guilty to ten charges related to a sexual relationship she conducted with 15-year-old girl at her school. The court heard that the offences took place between December 2008 and March this year while Yeoman was teaching at a secondary school in Wakefield, West Yorkshire.”

Full story

Daily Telegraph, 11th November 2010

Source: www.telegraph.co.uk

Father fights son over wife’s £5m divorce settlement – Daily Telegraph

Posted November 12th, 2010 in divorce, joint liability, news, personal injuries, wills by sally

“A father has gone to court claiming he deserves a greater share of his son’s £5 million inheritance left to him by his mother.”

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Daily Telegraph, 12th November 2010

Source: www.telegraph.co.uk

How feminism could improve judicial decision-making – The Guardian

Posted November 11th, 2010 in judiciary, news, women by sally

“Can judges be feminists? Should judges be feminists? On one view the answer is easy: no. We don’t want our judges to be activists. We don’t want them to promote their own political agendas. We want them to do their job. We want them to apply the law.”

Full story

The Guardian, 11th November 2010

Source: www.guardian.co.uk

Related link: Feminist Judgments Project

BAILII: Recent Decisions

Posted November 11th, 2010 in law reports by sally

Court of Appeal (Civil Division)

Plymouth City Council v G (Children) [2010] EWCA Civ 1271 (10 November 2010)

High Court (Queen’s Bench Division)

Cairns v Modi [2010] EWHC 2859 (QB) (10 November 2010)

High Court (Administrative Court)

Rycroft, R (on the application of) v The Royal Pharmaceutical Society of Great Britain [2010] EWHC 2832 (Admin) (10 November 2010)

Royal College of Nursing & Ors, R (on the application of) v Secretary of State for the Home Department & Anor [2010] EWHC 2761 (Admin) (10 November 2010)

Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) (10 November 2010)

Source: www.bailii.org

Judicial appointments review reports back – Ministry of Justice

Posted November 11th, 2010 in judicial appointments commission, judiciary, news by sally

“A review of the judicial appointments process and related arms-length bodies has made initial recommendations.”

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Ministry of Justice, 10th November 2010

Source: www.justice.gov.uk

Merton London Borough Council v Sinclair Collis Ltd – WLR Daily

Posted November 11th, 2010 in children, law reports, sale of goods, smoking by sally

Merton London Borough Council v Sinclair Collis Ltd [2010] WLR (D) 286

“Notwithstanding the civil complaint procedure embodied in s 7(2) of the Children and Young Persons Act 1933 (as amended), a sale of tobacco to a person under the age of 18 through a cigarette vending machine was capable of being an offence contrary to s 7(1) of the 1933 Act.”

WLR Daily, 10th November 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 v Constantine – WLR Daily

Posted November 11th, 2010 in confiscation, costs, law reports, proceeds of crime, sentencing by sally

Regina v Constantine [2010] EWCA Crim 2406; [2010] WLR (D) 28

“A court had to take account of a confiscation order before making any order ‘involving payment by the defendant’ of costs relating to all of the proceedings that had gone on thus far.”

WLR Daily, 10th November 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 (Gallagher and another) v Basildon District Council – WLR Daily

Posted November 11th, 2010 in compensation, law reports, local government, maladministration by sally

Regina (Gallagher and another) v Basildon District Council [2010] EWHC 2824 (Admin); [2010] WLR (D) 28

“There was no obligation on a local authority to implement recommendations of a local commissioner, nor was it necessary for a local authority to have cogent reasons for refusing to follow such a recommendation; but if a local authority gave reasons for rejecting a recommendation, the court was entitled to examine whether it had taken into account irrelevant considerations or failed to take account of relevant considerations, or its decision was irrational.”

WLR Daily, 10th November 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 v Belton – WLR Daily

Posted November 11th, 2010 in law reports, misfeasance in public office, prisons, remuneration by sally

Regina v Belton [2010] WLR (D) 283

“The offence of misconduct in public office was not restricted to office holders in receipt of remuneration.”

WLR Daily, 10th November 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.

‘Big society’ decision to scrap regional housing targets ruled unlawful – The Guardian

Posted November 11th, 2010 in housing, judicial review, news, planning by sally

“A decision by the communities secretary, Eric Pickles, to scrap regional housing targets in pursuit of the government’s ‘big society’ initiative was ruled unlawful by the high court today.”

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The Guardian, 10th November 2010

Source: www.guardian.co.uk

Miners’ compensation claims website under investigation by MoJ – Law Society’s Gazette

Posted November 11th, 2010 in claims management, compensation, fees, news by sally

“A no win, no fee website set up to farm former coal miners’ undersettlement claims is being investigated by the government claims regulator, the Gazette has learned.”

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Law Society’s Gazette, 11th November 2010

Source: www.lawgazette.co.uk